Hudud and being Malaysian

It is the law that prevails over a just society where the extremities of human survival is rare. A law that is not at all affected by the apparent severities of its punishments because society is so close to perfection that these punishments are rare and only deserving of inhumanity when it does manifest itself. It goes in tandem with efforts to reach that perfection. All Muslims dream of that day. No self-respecting Muslim will not support Hudud. It was the law when Muhammad (pubh) was in charge in Makkah .

Islam is also committed to justice. It will not tolerate injustice by any means even when injustice can hide under its name. It follows that it will not tolerate a set of laws, even one that bears its name, if it produces injustice for want of prudence in all aspects of its existence. Islam as propagated by Muhammad (pbuh) has justice as its top priority.

The people of Kelantan, through their political representatives, believe that they are ready for Hudud to be implemented for Muslims in their state. That is their right which nobody should dispute. But it is not yet a done deal. Being part of a larger political entity, the Federation of Malaysia, federal law-makers are needed to give the go-ahead by legislating amendments to some of the scope of its responsibilities accorded by the Federal Constitution.

It is easy for me as an ordinary Malaysian to be for or against the implementation of Hudud in Kelantan. But for the MPs it is an unenviable task. They have to really study the intrinsic and extrinsic aspects of the Hudud proposed in the light of Muslims’ aspirations to answer God’s calling, non-Muslim apprehension of something they do not understand and both groups thirst for justice for all.

Whichever way they may decide, the just administration of justice for all Malaysians will have to be of paramount importance. That, too, is the demand of Allah. They will have to answer to their Maker either way. It is not right to say that Hudud is only for Muslims and therefore for non-Muslim Malaysians to butt out.

Personal laws have some impact on others not under the same laws. Five decades after Merdeka, the Federal Court has still not got the solution pertaining to rights of children of divorced parents with different religions as to their choice of religion and custody, etc.

What more when it involves joint commission of crimes. The issues of jurisdiction, evidentiary laws and appropriate punishments are so complex, it is mind-boggling to say the least. And we have no examples to follow. This is uncharted waters not to be treated lightly.

Just as it is not right to dismiss Hudud frivolously as simply the cutting off of limbs and stoning the guilty to death, it is also not right to brush off non-Muslims’ worry of Hudud as is limited to fear of losing Muslim customers and patrons of immoral businesses which non-Muslims own.

It is obvious that our leaders from both sides have been fumbling over this important issue of Hudud. DAP had welcomed its presence as a convenient excuse to scare non-Muslims to its side. It is now stuck with an issue that may split its coalition.

Its two-dimensional thinking as a mere opposition is now revealed with Lim Kit Siang’s short-term solution of asking anti-Hudud MPs to join it in a thinly-veiled opportunistic proposition called Save Malaysia Unity Government. As if a pro-Hudud and anti-Hudud polarisation is good for the long-term interest of the country.

The ruling coalition is in its classic stupor of lacking firm leadership. It should have stated its stand a long time ago to avoid confusion, but chose to play politics instead, hoping that its appearance of empathy will seduce PAS to break from Pakatan Rakyat and work with it instead.

Well, Pakatan Rakyat may still split but the thought of PAS teaming up with UMNO with Ali Baba and the Forty Thieves in the driving seat is a far stretch of the imagination. Now UMNO may be forced to restate its long standing pragmatism over the issue. Business as usual.

This la, that la! No Hudud now. Not ready. No debates on Private Members Bill. Period. And the issue will continue to ferment. Can we expect at least an attempt to formulate a roadmap? Nah, not with this bunch. Planning is not their forte.

If it ever sees the light of day, we pray that our legislators will have the guidance of God in Its infinite wisdom. I am no expert in these evaluations but I am aware that while Hudud has been in people’s mind for a long time, the current push may have some extra-venous origins.

It may be a loaded response to the perceived pushiness and ‘kurang ajar‘ of certain segments of society under the guise of democracy, meritocracy and human rights hiding a racist agenda, without due consideration of the realities and impact on the other segment of society. Its majority rule and Hudud is shoved down your throat. Simlarly, too, the impact of it on others are never considered. It’s the democratic game of numbers.

Of course, we hope that the state of mind of our Muslim legislators are not that way. Like the plentiful rational non-Muslims, they too will bear in mind the apprehension, the perceived fear and the possible impact on their fellow non-Muslim Malaysians, apart from the unresolved anomalies and lacunas.