Will Not Have A Collision, Says Minister Of Islamic Affairs
“Hudud will not have a collision on non-Muslims including Indians in Malaysia,” said United Malays National Organization (UMNO)’s Minister of Islamic Affairs, Datuk Seri Jamil Khir Baharom. Hudud has remained a sensitive touch point in Southeast Asia’s third-largest economy, which has a 60 per cent Muslim population, with political parties continuing to spar over the subject in the run-up to the 13th general election.
“Not only will non-Muslims be affected, but women, even Muslim women, have cause for concern under Kelantan’s hudud code if they are victims or witnesses to a crime. Section 39 to 42 of the code specifically states that all offences covered under it must be proven by testimonies from the accused and sworn oaths from witnesses,” said lawyer Andrew Khoo. What is Hudud? Let’s glance.
Hudud is an Islamic concept based on the Quran and Hadith that define misdemeanor against God. These include the religious misdemeanor of Adultery, Fornication, Homosexuality, Accusing someone of illicit sex but failing to present four Muslim eye-witnesses, Apostasy, Overwhelming intoxicants, Misbehavior, Robbery and Stealing. According to Shariah an Islamic law, Hudud misdemeanor triggers a class of punishments that are fixed by Allah. These range from public lashing, publicly stoning to death, amputation of hands or public execution. However, public stoning and execution punishments are relatively uncommon in the modern times in most Muslim nations, and are currently witnessed in Muslim nations, such as Saudi Arabia and Iran, that follow strictest interpretation of Shariah.
These are the crime and punishment in Kelantan’s Shariah criminal code. First is Sariqah means Theft. The punishment is amputation of limbs depends on the number of convictions. Mitigating circumstances to avoid amputation include low value of goods or perpetrator suffers from hunger. Second is Hirabah means Assault and Robbery. The punishment is most lenient is five years’ of imprisonment. Most severe punishment is death and crucifixion but it depends on severity of crime, whether victim is injured or dies. Third is Zina means Adultery and includes Sodomy. The punishment is required 4 Muslim males to witness actual intercourse, death by stoning for married or perpetrators. Meanwhile, 100 lash for 1 year in jail for those unmarried. In addition, Qazaf means unsubstantiated accusations of Zina. The punishment is 80 lashes unless victim forgives the accuser.
Fourth crime is Shurb means consumption of alcohol. The punishment is between 40 to 80 lashes. Fifth is Irtidad means Apostasy. The punishment is imprisonment until the perpetrator repents. Till repentance, assets and properties seized and held by the state. Final is Qisas crimes and punishments. For murder and causing injury, punishments depend on intention of perpetrator and types of injuries to the victim or death. Punishment ranges from jail terms of 10 years to 14 years, life imprisonment and death. Perpetrators must also pay Diyat means compensation to the victim and their families.
“PAS needs to get two-thirds majority in Parliament to amend the constitution to give jurisdiction to Syariah courts to hear criminal cases for the implementation of the Hudud law,” said Tourism and Culture Minister Mohamed Nazri Aziz. If PAS get two-thirds majority in Parliament to amend the constitution to give jurisdiction to Syariah courts to hear criminal cases for the implementation of the Hudud law, will Non-Muslims including Indians won’t be exaggerated as said by Minister of Islamic Affairs. Let’s wait and observe.