There is a lot of debate with regards to the private member’s bill proposed by Datuk Seri Abdul Hadi on the 26th of May 2016.
Another contentious issue is the deliberate association of hudud with the private member’s bill. Where in fact it is not related to hudud.
Hudud carries capital punishments that are absent in the bill. The bill merely seeks to enhance the current punishments and/or penalties under the Syariah Courts to suit today’s society.
All capital punishments are carried out under the Federal Courts and not the Syariah Courts. Syariah courts as we know only cater to Muslims.
One reason Muslims want the bill to be passed is because of the concept of repentance that exists in Islam. We will not indulge ourselves with repentance, that we leave to another day.
As for keeping religion out of politics and state, that has to be seen in reference to the Constitution of a given country.
For us who live Malaysia, the Federal Constitution is the country’s highest law.
Hence whatever inquiries we have pertaining to the status of a religion in Malaysia, the issue has to be referred to the Federal Constitution.
As clearly mentioned in the Federal Constitution 3(1),“Islam is the religion of the Federation…”. In maintaining the spirit of the Federal Constitution Islam cannot be separated from the state.
Syariah law, has been in place since the Batu Bersurat Terengganu, and the common law was introduced in 1807 as The First Charter of Justice of Perak.
Prior to that, Undang-undang Laut Melaka, Undang-undang 99 Perak, Hukum Kanun Pahang, Undang-undang Sungai Ujong and others were based on the Syariah system and combined with the customary laws of the time.
The common law was absent and the Malay customs and Islamic laws prevailed. We agree that we are not living in the same circumstances as previously, however the status of Islam as the religion of the state remains.
This warrants the nation to any sort of law that does not contradict with Islam. Even the current common law practiced in Malaysia falls under the ta’zeer system under the Islamic law.
Whereas ta’zeer maybe used for every citizen of this country however, Syariah is limited to the Muslims only.
The syariah courts have no jurisdiction over any citizen professing a religion besides Islam. The concept of justice in the common law is different to the concept of justice under the Syariah Courts.
Giving harsher punishments for crimes can be a used as a prevention mechanism for offences involving Muslims.
It is obligatory for Muslims to be subjected to Islamic rules and regulations where applicable. The fear from the non-Muslim community about the implementation of hudud is nothing but misleading.
Politicians have used fear mongering tactics to keep people from supporting this bill. Regardless if Islam is being politicised or the politics are being Islamised the Syariah Courts can only delivery judgements upon Muslims and not the adherents of any other faiths.
It is always better to prevent crimes from happening than to punish a criminal. Though the results might not be seen immediately, however in the long term we can all bear witness. We can only wait and see how the Syariah Courts reform the Muslim society in Malaysia.
Allah knows best
Rehan Ahmad Bin Jamaluddin Ahmad
President, Intellectual Wisdom Society
