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The PAS progressives’ viewpoint on hudud

March 23, 2015

4:13PM Mar 23, 2015 (MKini)

COMMENT:
In the light of the recurring political debate, consequent to the tabling of the Amendment (2015) of the Syariah Criminal Code II of Kelantan (1993), permit me to pen this piece in the interest of all Malaysians.

This deliberation is admittedly the perspective of the so-called ‘progressive’ group in PAS, and are in fact the responses to various questions posed to this writer after the tabling and passing of the Amendment Bill last Thursday.

To recapitulate, PAS is a bona fide Islamist political party from its inception. Our raison d’etre is Islam and we shall remain committed to realise our vision and objectives, working within the ambit of the democratic-legislative process and the Islamic provisions as provided for, by the federal constitution.

PAS’ progressives strive for a better Malaysia, wherein good governance prevails and thrives through the observation of Islamic and universal principles of integrity, accountability and morality and seek to achieve ‘A Socially Just and Equitable Development’ for  all Malaysians.

We aspire for a vibrant democracy that would allow for the functioning of critical institutions of check and balance in the nation, as espoused and enjoined by principles in Islamic public administration or ‘As-Siyasah as-Syar’iyah’.

To answer specifically on our position on hudud, l would once again say it, without fear or favour, that hudud has its own unique place in the larger corpus of Islamic legal prescription or jurisprudence i.e. in Islamic law.

We, nonetheless, do not think that it is the most important imperative of the Syariah, given the many other competing priorities. Never should a Muslim, however, be accused of rejecting Syariah if he/she believes in its transcendental (revealed) origin, but prioritises other more important Syariah imperatives, as taking precedence over its Penal Code.

This is expounded in the Fiqh Al-Awlawiyyat, (Science of Prioritisation) defined technically as ‘putting the more important imperatives above other important imperatives’ (Taqdim al-ahammu minal muhim). The great jurists have placed this science as an important consideration, inter alia, in arriving at a dispute resolution where competing priorities oftentimes demand leaders to make a judgment call.

That position is surely worlds apart from and nowhere similar to believing that the Islamic Penal Code is either obsolete or antiquated, nor befitting modern civilisation. For those very fond of being judgmental, please care to note the glaring difference in our emphasis.

Emphasising different priorities is quite opposed to criticism of the provisions that we as Muslims believe should be respected. While the earlier position is possibly a commendable position to adopt, the latter, which is rejecting hudud on the grounds of its punishment, is very problematic as Muslims, bordering on disbelief, as expounded by distinguished jurists in Islam.

Islamic law is however not just about hudud or about the Islamic Penal Code. Unfortunately, many engage unfairly in negative stereotyping and hence wrongly perceive Islamic law as essentially punitive. We believe that Islam is a religion of compassion and mercy unto all. (Rahmatan liL ‘Alamiin).

Providing justice and prosperity for all

It is our conviction that the supreme and overriding purpose of Islamic law is indeed to provide justice (Al-‘Adalah) and ensure prosperity for all.

Economically, to cite an example, the Syariah advocates the equitable distribution of both income and wealth to the entire citizenry as axiomatic and cardinal, very opposed to many unIslamic practices of corruption, crony capitalism, embezzlement, abuse of power and rampant wastages seen in the gross mismanagement of resources in this beloved nation.

Equitable distribution and parity are achieved through a sustainable growth and fairness in opportunity while being benevolent to the less fortunate section of society, regardless of race and religion. So besides and beyond hudud, there’s a lot more that the Islamic law has to offer the country, nay indeed of humanity at large.

As Islamists and as ‘democrats’, very unlike the ‘jihadists’ of IS or Al-Qaeda and Boko Haram or the theocrats, we cannot and shall not be imposing our policies on others, not even on Muslims much less on non-Muslims, just because it is God’s Law, without giving due regards to the legal and social context of Malaysia and various condition precedents as judiciously expounded by jurists, the like of Sheikh Yusuf Al-Qardhawi (left).

Being a democratic party, we must also face popular rebuke and be even criticised for shortcomings and our ineffectiveness or failures to deliver on whatever promises. Our ‘Tasaamuh’ or tolerance for differences and dissent is our hallmark of embracing pluralistic politics.

All our policies must be advocated and mandated by the rakyat, through the bi-cameral parliamentary set-up or the state legislative assemblies. The rakyat must be made to understand through dialogue, education and sound reasoning in the public sphere, of why a particular policy is better and superior, both in term of its evidence-based efficacy and its benefits to all.

While we fully understand the anxiety and concern that these legislative efforts have caused, we similarly plead friends particularly of well-wishers of Pakatan, not to allow ourselves to be continually divided and ruled, by the zero-sum politics of fear and division of our political nemesis. Admittedly Hudud, I repeat, has always been a perennial problem and an Achilles’ Heel of Pakatan Rakyat, hence the paramount need for tact and mutual respect.

In the spirit of dialogue, the progressives in PAS have been in direct consultation with our Pakatan partners to brief on the holistic picture of the Islamic Law (Syariah) and the importance of contextualising the recent tabling of amendment to the 1993 Syariah Criminal Code II.

We earnestly call for understanding and respect for difference within Pakatan and among Pakatan supporters. This bill predated Pakatan, and was part of the 23 years of Tok Guru Nik Aziz Nik Mat’s administration. His pledge to the people of Kelantan who elected PAS to five terms in government was to bring some ‘semblance’ of an Islamic Penal Code to Kelantan. This bill does that.

Denying the bill that has long historical roots in this state would be tantamount to stifling the on-going legitimate legislative process. Not only would it be extremely regrettable and arguably undemocratic, it goes against the principle of accepting difference within Pakatan. We believe that respect of different views is an essential element of working in a democratic coalition.

Moving forward, I would want to critically comment on the manner the private member’s bill on hudud is currently handled to date and the far-reaching repercussions to the struggle of PAS and the interest of Pakatan and the rakyat as a whole.

Meanwhile, we will continue to believe that Pakatan Rakyat has its cherished common goals, to bring about broader Islamic principles of good governance, justice and fairness to all Malaysians.
I sincerely implore your kind understanding and patience.


DR DZULKEFLY AHMAD is executive director, PAS Research Centre.

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3 Comments leave one →
  1. najib manaukau permalink
    March 25, 2015 12:38 am

    Why are DAP, MCA and Gerakan making so much fuss over Hudud ?
    The truth is they have nothing tangible to contribute to their members, I repeat nothing tangible and as such they are now ‘fighting’ against the introduction of Hudud. All they are doing is to gain some political mileage. Have these people ever being so against the introduction of any other laws that have impacted them materially ? Hudud has nothing to do with these people who are non muslims, unless they are planning to become muslims soon. My advice to them is to do something that would affect their members.

    I am not a muslim and I don’t care if Hudud is ever being introduced in Malaysia or not. In fact it might be a good thing if it was being introduced here at this time and most of all make sure the punishment mentioned therein are strictly enforced. You know what will happen then happen ? When implemented and strictly enforced soon, very soon I hope, you won’t get to see many of the corruptions and the corrupted ones will be ‘walking’ around without their limbs. Some might even would have been stoned to death.

    That is if all the Umno scums and schmucks are still around and able to walk.Do you seriously think these scums are fighting for Hudud to be implemented in Malaysia ? All they are trying to be seen to support the introduction of Hudud just so the people will think they have no fear of Hudud. When in fact they are the first people that would be impacted by Hudud.

    At the end Malaysia should be more than thankful to PAS for advocating for the introduction of Hudud !

  2. March 30, 2015 7:06 am

    I am always admire your writing and thoughts and articulation but I always felt that you seem to go all out of the way to please DAP .Reading your article again reinforce my view you are stretching to the limit your exercise of practical considerations purely in the end for sake of power.
    You seem to make all the points of pleasing your co partners in pakatan to ensure it exists as a viable political alternative in running this country notwithstanding the possible chaos the principle to agree to disagree.
    You dilute what PAS leadership want to do( not withstanding it may not be successful constitutionally) by alleging
    1. It is not a priority as far as Islam is concern. Then I beg you the question when and under what circumstances it can be a priority.? Is it just an agenda that you want to sidestep even though later you are in power.? If that is so you are cheating the Malaysian electorate be it Muslims and non Muslims by not telling your true agenda. Can PAKATAN state clearly what is its priorities including hudud.
    2. That you never seem to confront DAP leadership with all their nonsense and belligerent arguments against hudud. There are reasonable arguments for hudud but DAP ventured into hand cutting, stoning, not suitable with current age, etc which basically lead to the wrong stereotyping of hudud as if it is draconian, inhuman etc. Why don’t go on the offensive and be critical against DAP for making this hudud issue so divisive, not only among Malaysians but also among Muslims. You and your associates so call democrats even go to the extent of belittling your own PAS leadership. I mean statements like Ustazd ta Tahu Fasal Hal dunia mekainkan kitab Sahaja , Tok Guru a liar, unprincipled, cannot be trusted etc. If you can be hard hitting to your own ulamas why can’t you be the same to DAP which upfront is opposing hudud.

    I have this to say. From day one DAP AND PAS is incompatible. This philosophy of agree to disagree is utter nonsense and a recipe for future politically unstable leadership and hence government. This idea of ultimate political power no matter what choice of route to follow is also a route that will never lasts its course. It also may not be blessed by Allah and that is why it is short live.

    You are bending backwards too much to please DAP. . In fact there non Muslims who support HUDUD.

    IT IS TIME AS A ISLAMIST DEMOCRAT, YOU TAKE STOCK OF YOUR POSITION AND STAND AND SEE THINGS IN THE CONTEXT OF THE BASIC PAS ASPIRATIONS TO HAVE SOME ELEMENTS OF ISLAMIC LAW BE INTRODUCED IF NOT IN ITS IN ENTIRETY BUT LIMITED TO WHAT IS PRACTICAL IN THE CONTEXT OF THE MALAYSIAN SOCIETY. WISHY WASHY DEFENSIVE STATEMENTS FROM YOU IS JUST GIVING FODDER TO DAP AND DILUTE THE EFFORT OF PAS AS A PARTY TO CONTUNUE WITH ITS OBJECTIVE SINCE ITS INCEPTION.

  3. April 5, 2015 3:28 am

    HUDUD D ENTRAPMENT OF UMNO 2 SPLIT PAKATAN By: Nash Ar-Rawy/30.3.15; nasharrawy.blogspot.com/2015/03/hudud-d-entrapment-of-umno-2-split.html … By: Nash Ar-Rawy ; HUDUD D ENTRAPMENT OF UMNO 2 SPLIT PAKATAN By: Nash Ar-Rawy/30.3.15

    Views

    Comments Share on LinkedIn Share on Facebook Share on Google Plus Share on Twitter HUDUD IS D ENTRAPMENT OF UMNO 2 SPLIT PAKATAN ! HUDUD IS ALWAYS D GAME OF UMNO ., MCA , GERAKAN N DAP 4 POLITICS NO ‘COS OF HUDUD BUT POLITICS 2 VOW VOTES IN D GE 14. DAP HAS FALLEN INTO UMNO’S BAITS BY DEMANDING HADI 2 STEP DOWN AS PAS PRESIDENT WHICH IS D RIGHT OF PAS DELEGATES NOT GUAN ENG ! UMNO IS WAITING WHETHER PAS WILL JOIN UBN 4 ” UBN-PAS HUDUD UNITY GOVT ” WHEREAS HUDUD IS “G2G ” DUTY N FEDERALISM ! IN KELANTAN! N KIT SIANG HAS FALLEN INTO UMNO’S BAITS WITH HIS IDEA OF ” UBN -PR ANTI-HUDUD UNITY GOVT ” SO, HUDUD IS MERELY A GAME OF UMNO. DAP, MCA N GERAKAN ! WHEREAS IN KELANTAN THERE’S NOT EVEN ONE SEAT FROM DAP , MCA , N GERAKAN N THERE’S NO HUDUD LAW N PENANG , SABAH OR SARAWAK ! SO, WHAT’S D BIG DEAL DAP !; THESE R ALL D BULSHIT OF DAP , UMNO, MCA N GERAKAN !
    UNLESS IF ALL D UMNO PARLIAMENTARIANS VOTE 4 HUDUD PAS PRIVATE BILL IN D PARLIAMENT ‘COS OF ALLAH NOT PARTY ! THEN IT WOULD PAVE A BETTER WAY 4 ” G2G” COOPERATION N FEDERALISM IN KELANTAN ! .NO NEED 4 ” UBN-PAS HUDUD UNITY GOVT ” 2 COUNTER KIT SIANG ” UBN-PR ANTI HUDUD GOVT ” . ” UBN-PAS HUDUD UNITY GOVT IS A BAIT OF UMNO ( ENTRAPMENT ) 2 SPLIT PAKATAN ! D BAIT HAS BEEN EATEN BY DAP WHEN DAP BREACHED : ” AGREE 2 DISAGREE WITH PAS ” ! THAT IS DAP HAD AGREED IT’S PAS N MUSLIMS RIGHTS 4 HUDUD BUT NOT AS PAKATAN FRAMEWORK, POLICY N AGENDA!
    DAP ‘VE BEEN ARROGANT! ; DISHONEST WITH PAS N ATTACKED HADI N PAS ! DAP HAS WON MANY SEATS IN D GE13 DUE 2 PAS ASSISTANCE ASKING D MALAYS 2 VOTE 4 DAP INSTEAD OF MCA OR GERAKAN . INCLUSIVE D VICTORY OF LIM KIT SIANG AT GELANG PATAH PARLIAMENT SEAT BITTEN UMNO EX- MB OF JOHORE ! N LATER BECAME ARROGANT TOWARDS PAS ! THUS ! DAP H’VE EATEN D BAIT OF UMNO 2 SPLIT PAKATAN ! N UMNO IS LAUGHING !! WITH DAP STUPIDITY . WHEN DAP H’VE MADE HUDUD IS ONLY 5% N D MACRO HUDULULLAH SUCH AS AGAINST CORRUPTION, ABUSE OF POWER , ONE MALAYIST RACIST, WASTAGES , LEAKAGES , MONOPOLY , PETROL HIKE , PRICE HIKES , GST, ETC ; WHICH IS 95% IS NOW REVERTED ; HUDUD 95% N MACRO HUDUDULLAH NOW ONLY 5 % ! THIS IS D BIGGEST MISCALCULATION , MISTAKE OF DAP DENOUNCING D 52% OF D RAKYAT POPULAR VOTES OR PROPORTIONATE REPRESENTATIVE BEING THROWN INTO D DRAIN WITH KIT SIANG ” UBN-PR ANTI HUDUD UNITY GOVT ! ” . WHERE IS D RAKYAT NOW KIT SIANG N UR BOY ! R BOTH OF U GUYS SOBER !!
    BUT PAS MUST NOT JOIN UBN JUST ‘COS OF HUDUD ‘ N SUPPORTS ” UBN-PAS HUDUD UNITY GOVT ” COS IT ONLY NEEDS A ” G2G ” COOPERATION N FEDERALISM IN KELANTAN . OR ELSE PAS WILL OSO FALLS INTO UMNO’S BAIT N ENTRAPMENT 2 SPLIT PAKATAN N DENOUNCE D MACRO HUDUDULLAH WHICH IS 95% N D DENOUNCING D RAKYAT SUPPORT 52% !
    UMNO BADLY N DESPERATELY NEEDS PAS 2 PROLONG ITS LIFE SPAND; THAT’ALL ! 4 ONE SIMPLE REASON IF UMNO IS DAMN STRONG COULD UMNO B EYEING ON PAS ! LEARN THRU ‘ HISTORY ! DON’T WORRY ABOUT LIM KIT SIANG N HIS BOY BEING D VICTIMS OF UMNO’S ENTRAPMENT WITH GUAN ENG ARROGANCE 2 REMOVE HADI ! LET D RAKYAT MAKE THEIR OWN EVALUATION!
    BUT PAS MUST B WITH D RAKYAT TSUNAMI OF GST, PETROL HIKE , PRICE HIKES ETC!! ; COS UMNO IS A WRECKED SHIP ! PAS SHIP WILL LEAD D NATION WITH D RAKYAT TSUNAMI BY HIS GRACE . N PAS MUST B WITH D MACRO HUDUDULLAH 4 D RAKYAT 2 OUST UMNO RULING OF INJUSTICES N ABUSE OF POWER N D PUBLIC FUND N CORRUPTION . WHERE THIS IS D HOPE OF RAKYAT 2 PAS NOW !
    PAS MUST B SINCERE 2 D RAKYAT , STRAIGHT FORWARD N STEADFAST ; NOT LIKE DAP N KEEP UP WITH D MOMENTUM OF ” MENENTANG KEZALIMAN UMNO ! ” ( : VIOLATES UMNO INJUSTICES !! ” ) AS ITS JIHAD IN ISLAM BASED ON ” MACRO HUDUDULLAH ! ” WHICH IS VERY VAST COVER-UP ; POLITICS , ECONOMY , SOCIAL , NATION BUILDING ECT! N HONORING ALMARHUM TOK GURU NIK AZIZ ” AS LONG AS I’M A LIFE, I’LL MAKE SURE THAT PAS WON’T JOIN UBN. THUS A MUKMIN SHOULD NOT B BITTEN TWICE BY D SAME SNAKE IN D SAME HOLE ! “ALLA HU AKBAR!”
    FORGET ABOUT KIT SIANG TREACHERY 2 D RAKYAT WITH HIS STUPID IDEA OF ” UBN-PR ANTI HUDUD UNITY GOVT .” WHICH IS A PLAIN RUBBISH! N ARROGANCE OF DAP TOWARDS PAS ! THERE’S NO DAP IN KELANTAN! N NO HUDUD LAW IN PENANG, SABAH N SARAWAK ! HUDUD IS MERELY A MOCKERY OF DAP N ITS TRADITIONAL POLITICAL GAME WHEN ONCE DAP WALKED OUT OF .B.A. ‘COS OF HUDUD N NOW STILL PLAYING D SAME GAME WITH PAS IN PAKATAN ! DAP IS NOT SINCERE AT ALL BUT PAS IS SINCERE; STEADFAST IN ITS PLIGHT 4 HUDUD N STRAIGHT FORWARD ! ” AGREE 2 DISAGREE! ”
    DAP DON’T B ARROGANT N PKR UNDERSTAND WHAT IS HUDUD N D MUSLIMS PARLIAMENTARIANS OBLIGATION 4 IT
    ” AGREE 2 DISAGREE ” ; IT’S PAS MUSLIMS RIGHTS N PREROGATIVES 4 HUDUD ! BUT NOT A PAKATAN FRAMEWORK , AGENDA OR POLICY ! WHICH DAP ‘VE BREACHED ! N STARTED BLAMING HADI N PAS ! ABOUT IT !! STOP THIS RUBBISH GUAN ENG ! N LIM KIT SIANG U WANNA A ” ANTI -HUDUD NEW GOVT WITH UBN ” WHILST U ALLEGED PAS 4 ” UBN UNITY GOVT” . A CLEAR CUT DAP ARROGANCE , INSINCERITY N A ” DOUBLE -STANDARD ” STAND !! R U SOBER KIT SIANG ! WITH UR BOY !! BULSHITTING ALL D WAY DENOUNCING D RAKYAT PLIGHT FROM 95% NOW BECOMES 5% N HUDUD MOCKERY 95% ! THIS IS VERY TYPICAL CHARACTER OF DAP ARROGANCE N ITS DOUBLE-STANDARD DRAMA N POLITICS !!
    THUS! HUDUD LAW ” PAS PRIVATE BILL ” 2 D PARLIAMENT IS CONSTITUTIONAL ‘COS ” D SHARIA’COURT ACT 1965 ; HAS ALREADY BEEN THERE LONG TIME AGO. SO , ITS NOT 2 AMEND D FED. CONSTITUTION THAT REQUIRES A 2/3 MAJORITY BUT JUST 2 AMEND D EXISTING ACT , WHICH NEEDS JUST A SIMPLE MAJORITY 2 AMEND D SHARIA’ COURT ACT 1965! AND ARTICLE 76A N 80 OF D FED.CONSTITUTION . BESIDES, ISLAMIC LAWS ( ISLAMIC CRIMINAL LAWS ) COMES UNDER D STATE LEGISLATIVE JURISDICTION NOT UNDER D FED. GOVT. AUTHORITY AS ORDAINED IN SCHEDULE 9 OF D FED. CONSTITUTION STATE LIST ! THEREFOR, HUDUD BILL IS BASED ON D CONSTITUTION; ITS CONSTITUTIONAL, DEMOCRATIC N PARLIAMENTARY ! ALL D MUSLIMS PARLIAMENTARIANS MUST SUPPORT D HUDUD BILL BY HADI ‘COS OF ALLAH NOT PARTY OR HADI BUT 4 D SAKE OF ALLAH D PROPRIETOR OF ALL CREATIONS, POWER, LAW N ALL THINGS ! BY HIS GRACE. ” ALLAHU AKBAR! THERE’S NO HUDUD LAW IN PENANG, SABAH OR SARAWAK ; JUST IN KELANTAN 4 97% OF ITS MUSLIMS POPULATION ; NOT 4 D NON-MUSLIMS ABIDE 2 D CIVIL LAW ! N THERE’S NO DAP SEAT IN KELANTAN ! SO Y D BIG FUSS! HUDUD IS NOT D ISSUE AT ALL ;
    BUT ALL ALONG IT HAS BEEN MERELY A POLITICAL GAME N MOCKERY OF UMNO, DAP , MCA N GERAKAN 2 VOW 4 ELECTORATES IN D GE14! THAT’S ALL ! HUDUD LAW IN KELANTAN NOT IN MALAYSIA IS NOT ALL 4 AN ISLAMIST PLIGHT! THAT IS ONLY ” MICRO UDUDULLAH ” ( HUDUD, QISOS N TAAZIR !) . HUDUDULLAH BEING D DEMARCATIONS N BOUNDARIES OF D DO’S N DONT’S IN ISLAM
    OSO COVER-UP ” MACRO HUDUDULLAH SUCH AGAINSTS ALL SORT OF INJUSTICES OF UMNO; SEDITION ACT, UNIVERSITY ACT , PRINTING ACT, GST, PETROL HIKE, PRICE HIKES, WASTAGES N LEAKAGES, ” ONE MALAYIST RACISM ” ; ” ONE MALAY SOVEREIGNTY ” ; CORRUPTION, ABUSE OF POWER N PUBLIC FUND ETC! THESE R ALL AGAINST D BASIC PRINCIPLES OF ” MACRO HUDUDULLAH ” ; PAS IS AGAINST INJUSTICES ; ” MENENTANG KEZALIMAN UMNO ” VIOLATES D INJUSTICES OF UMNO ! THAT’S Y PAS MUST B WITH PAKATAN TAHALUF SIASI ( POLITICAL PACT ) BUT NOT WITH ” UBN HUDUD UNITY GOVT ” ‘COS HUDUD IS D DUTY OF ” G2G” BASIS BETWEEN KELANTAN STATE GOVT. N D FEDERAL GOVT. ASSISTING WITH D ” PDRM ” N ” PRISON DEPARTMENT WHICH R UNDER D FED. GOVT. JURISDICTION 2 IMPLEMENT HUDUD IN KELANTAN ! THAT’S ALL ! PAS STAND IS WITH PAKATAN RAKYAT WITH ITS ” MACRO HUDUDULLAH ” PLIGHT WHICH IS 95% N MICRO HUDUD LAW WHICH IS 5% BASED ON SALLEH MAN N GUAN STATEMENT ON 29 APRIL 2013 AS IN D VDO ” ” AGREE 2 DISAGREE ” ;youtube.com/watch?v=TPvyYjm7aNA …under the State List, said former Chief Justice Tun Abdul Hamid Mohamad.
    He said the offences in List II (State List) of the Ninth Schedule of the Federal Constitution were adultery;( zinah ) accusing someone of adultery;( qazaf ) consuming intoxicating drinks ( shrub ) and apostasy.( murtad ) n 2 ; thus! 2 amend article 76A for “sariqah ” ( stealing ) n hirabah ( armed robbery ) . Nash Ar-Rawy
    – See more at: http://www.themalaysianinsider.com/malaysia/article/former-chief-justice-says-kelantan-can-implement-hudud-bernama#sthash.orREAduO.dpuf

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