Wan Azizah falls back on Hudud

By MT Webmaster Last updated Jul 1, 2015

This is getting very interesting. Now that Wan Azizah has dragged Hudud and the Qur’an into this we shall certainly be monitoring its developments with bated breath. Now the debate as to why Malaysia must implement Hudud would be stronger in favour of Hudud. Wan Azizah herself wants Shafee whacked with Hudud.

NO HOLDS BARRED

Raja Petra Kamarudin

It is interesting to note that Dr Wan Azizah Wan Ismail has lodged a Qazaf report against Muhammad Shafee Abdullah (READ THE NEWS REPORT BELOW). I say interesting due to the following.

According to the Oxford University Islamic Studies (I did Oxford’s study of world religions and not Islamic Studies):

Hadd means limit or prohibition (plural Hudud): a punishment fixed in the Quran and Hadith for crimes considered to be against the rights of God. The six crimes for which punishments are fixed are theft (amputation of the hand), illicit sexual relations (death by stoning or one hundred lashes), making unproven accusations of illicit sex (eighty lashes), drinking intoxicants (eighty lashes), apostasy (death or banishment), and highway robbery (death). Strict requirements for evidence (including eyewitnesses) have severely limited the application of hudud penalties. Punishment for all other crimes is left to the discretion of the court; these punishments are called tazir. With the exception of Saudi Arabia, hudud punishments are rarely applied, although recently fundamentalist ideologies have demanded the reintroduction of hudud, especially in Sudan, Iran, and Afghanistan.

Yes, that is what Oxford University said. Malaysia already has punishments for five of those six crimes: theft, drinking intoxicants (plus smoking, injecting, sniffing, etc., intoxicants), illicit sexual relations, robbery, and apostasy. The only crime not yet punishable is making unproven accusations of illicit sex.

Some of those crimes, however, apply only to Muslims (drinking, illicit sex and apostasy) while others apply to all Malaysians regardless of religion. On the crime of unproven sexual misconduct allegations, you may need to take civil action, unless the government arrests and charge you for criminal defamation (which can sometimes happen, like in my case).

Anyway, Wan Azizah has decided to go to the Shariah Court and she lodged a report for them to take action under Shariah laws. And chapter 24 of the Qur’an, Surah An-Nūr (The Light), actually provides for this.

The punishment for this crime, as Wan Azizah said (and as mentioned in verse 4, chapter 24 of the Qur’an) is 80 lashes. And this basically is what Hudud is all about.

Now, what I find most interesting is that Wan Azizah is falling back on Hudud to seek justice. And if Hudud is applied in Malaysia then for sure Shafee is going to be punished with 80 lashes unless he can get four witnesses to support his allegation.

The other way out would be for Shafee to swear fives times in the name of Allah that although he does not have any witnesses he is telling the truth (as stipulated in chapter 24 of the Qur’an). Once Shafee does that he would be considered as having told the truth and would be spared punishment (80 lashes).

However, that would mean Anwar, too, has to swear five times that he did not commit that sexual misconduct. If not Anwar would be presumed guilty. And if Anwar does not swear fives times then he would be punished with 100 lashes.

*************************************************

Wan Azizah lodges Qazaf report against Shafee

(Free Malaysia Today) – Opposition leader Wan Azizah Wan Ismail today lodged a Qazaf report on behalf of her jailed husband Anwar Ibrahim against renowned lawyer Shafee Abdullah, citing him for slandering Anwar during a recent public dialogue.

Speaking to reporters outside the enforcement department of the Selangor State Islamic Religious Council (JAIS), Wan Azizah accused Shafee of committing Qazaf as he could not produce four witnesses to support his claim that Anwar had committed adultery and sodomy.

“In order to uphold justice and the sanctity of the Shariah jurisdiction in Selangor we urge that Shafee Abdullah’s statement at the dialogue be investigated under Section 36 of the state’s Shariah Criminal Enactment 1995,” the PKR Permatang Pauh MP said.

“We are willing to cooperate with JAIS if more information is needed,” she added.

Qazaf is the Shariah offence of wrongfully accusing a Muslim man or women of adultery or homosexuality without producing four witnesses of sound mind.

“For those who throw accusations of adultery, if they do not bring four witnesses, flog them with 80 lashes and do not accept their testimony forever as they are the wicked,” Wan Azizah read out to reporters from the Quran.

Anwar’s lawyer Fadhlina Sidek said that Anwar had initially wanted to lodge the report himself but could not secure permission to leave prison.

Instead, he was advised by prison authorities to request that JAIS take his statement from prison. However, JAIS refused to do so.

“The prison authorities advised that JAIS should enter prison instead to take his statement,” Fadhlina said. “However we received a letter from JAIS stating that they are unable do that.”

“They asked us to lodge a report at their department instead,” she added. “Therefore, our only alternative was to lodge on Anwar’s behalf a Qazaf report which he signed himself in prison.”

While speaking at public forum on February 17, Shafee was alleged to have gone into vivid description detailing foreplay and sexual acts which he said Anwar had engaged in with his former aide, Saiful Bukhari.

Also present at the department today were Anwar’s daughters Nurul Izzah Anwar and Nurul Iman Anwar.

Nurul Izzah told reporters that it being the holy month of Ramadhan, Muslims should focus on upholding and defending the dignity of everyone.

Raja Petra Kamarudin RPK