I am writing this as a reply to an article published by Free Malaysia Today. The article was written by Ravinder Singh titled “PAS: Epitome of ego and arrogance”, dated 10 October 2016. In the article Ravinder had a lot to say about PAS. How PAS won elections because they were in the opposition coalition. We will leave the defence of PAS to others who are more capable.
What we want to address here is a claim made by Ravinder. He said, “Hudud is NOT God’s law. It is preposterous for humans to make such a claim. It is a 100 per cent man-made law and that is why it has to be drafted by man, tabled in Parliament by man, approved by man to be enforced by man. Is it, therefore, not blasphemous for man, any man, however religious he projects himself to be, to claim that a law made by him is the law of God?”
We would like to congratulate Ravinder for sharing his opinion on Hudud. Despite some shortcomings from the aspect of knowledge, Ravinder stood his ground. He braved himself to say what others do not dare say. Others do not dare to make such claims for various reasons.
Firstly it is a fallacious claim, without any truth in it. We would not be addressing the numerous fallacies in the statement. Secondly it is not a concern for non-Muslims, hence the wiser bunch of society choose to stay calm and quiet. Hudud is prescribed for Muslims in the Qur’an.
Since it is prescribed in the Qur’an hence it is God’s law. That’s the first mistake there. One of the many verses that address Hudud is given below,
And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you. And if they turn away – then know that Allah only intends to afflict them with some of their [own] sins. And indeed, many among the people are defiantly disobedient.
Qur’an 5:49
That takes care of Hudud as God’s law. Secondly we would like to address other issues. Ravinder said, Hudud is a 100 percent man made law because it has to drafted by humans, tabled in Parliament, approved and later on enforced by humans, hence it is man made. The thing here is Ravinder assumes the origin of Hudud to be from humans.
This is not true, as we have shown that the implementation of Hudud is prescribed in the Qur’an. Some of the punishments of Hudud are clearly mentioned in the Qur’an. Since Qur’an is the word of God, and Hudud is in the Qur’an, thus we can safely conclude Hudud is from God. Hudud was by no means drafted by any man, or woman for that matter.
In case a punishment is absent from the Qur’an then a reference can always be given to the hadith. Any other legal system implemented can be a form of ta’zir.
However, the execution of hudud is a different matter altogether. It has to go through the proper channels to be executed. And mind you, hudud is a very small part of the Islamic legal system. Hudud is a responsibility from God that has to be executed by mankind. It is like religion, if you claim to believe in a religion you carry out the duties assigned by that particular religion.
Likewise for Muslims, the execution of the Syariah is a responsibility that needs to be fulfilled. Hudud is like a commandment that needs to be fulfilled. There are other laws that have been determined by God and do not need human intervention. But what has been commanded for humans has to be carried out by humans. To assume that Syariah merely consists of Hudud and family issues is not right.
There are three major parts to the Syariah system, Hudud, Ta’zir and Qisas. Ta’zir by far is the biggest part of the Syariah system. The current legal system in Malaysia or the common law, can be considered as ta’zir.
So for those people who claim this is a secular country, and there is no place for Islam, think again. Then we have a new opinion, that secular laws are more Islamic than Islamic Law. Another way of putting it would be, since secular laws also go through the same process, why can’t the secular laws be considered to be from God?
Because the secular laws separate religion from the state. In other words, religion has no place in the execution of a secular legal system. The laws are derived by humans, based on what they assume is right for them. This is different from a divine revelation, where the good and the bad are absolute.
What is mentioned as good by God, is good regardless of the time and place. Likewise, what is bad, is bad regardless of the time and place. Laws derived from human wits are not equal to divine revelation. Laws that are made by human thoughts are rightfully called secular laws, as there is no influence of any religion in these legal systems.
Hudud on the other hand, was revealed by God Himself. Hence the distinct difference between the secular and the Syariah. There is a distinct difference in seeking answers and giving opinions. Seeking answers is for those who seek knowledge and truth. Giving opinions on the other hand comes with knowledge.
If someone shares an opinion without prior knwoledge in that particular field, then it is safe to assume the person is most likely spreading falsehood. Someone who wants to become a doctor has to learn from a doctor. Someone whose ambition is to become a doctor can not seek surgical knowledge from a lawyer or anyone else who does not have knowledge in surgery.
Likewise to give opinions about Islam, one has to seek knowledge about Islam. The correct and recognised method of hermeneutics and exegesis are important. Every branch knowledge has its experts, and so does Islam. Please seek answers before giving out views that have no hint of truth.
Hopefully we will be among those who are shown the right path and help others to the right path. To deviate others is not only bad for this life, but also the one that comes next. Let’s live as responsible citizens, respecting each other and acquiring information before we qualify ourselves to give opinions on others. Allah knows best.
Rehan Ahmad Bin Jamaluddin Ahmad
Research Fellow, Institut Kajian Strategik Islam Malaysia (IKSIM)
Disclaimer: The views expressed in this article are those of the author and do not necessarily represent the official views of, and should not be attributed to, Isma or Ismaweb.
