Terengganu Hudud

NECF Malaysia "For Your Intercession" No. 7 – Oct 3, 2003 www.necf.org.my. Last updated: Nov 19, 2003

Despite strong protest from various sectors, be it federal or state level, the Terengganu State Assembly passed the Syariah Criminal Offence (Hudud and Qisas) law on July 8^th 2002. Even many Muslim NGOs, including Sisters in Islam, which vehemently opposed the bill, said in a joint statement that it was a gross violation of the principles of justice and equality in Islam. Yet, two months later, the enactment received the royal assent from the state’s ruler, Sultan Mizan Zainal Abidin. Recently, it has been reported that the law will be enforced soon after it is gazetted by the end of October this year (The Star Online, Sept. 27 2003). Many believe that the implementation of Hudud in any state in Malaysia will run into practical problems because of the multi-racial and multi-religious composition.

Traditionally, in religious, personal and family matters, Muslims come under the Syariah judicial system while non-Muslims come under the civil judicial system. Even then, a recent article carried by New Straits Times raised a controversial issue, created by Malaysia’s double legal jurisdiction, in the matters of divorce and custody (Sept. 15 2003). Needless to say what it takes to have another set of criminal law (Hudud & Qisas) while there is already an existing Criminal Penal Code. How can there not be injustice, discrimination and inequality in a society with dual system of law, when there are different punishments for the same crime for Muslims and non-Muslims? Will national unity be jeopardized? Some scholars have remarked that such dual system not only will make a mockery out of the criminal justice system, it clashes with the fundamental legal idea (Article 8) i.e. the equity and equality of ALL before the law. The implementation of Hudud, in effect, is breaching our Constitution and belittling the multi-racial fabric of our society.

"The collapse of the Constitution is the collapse of the nation," said Deputy Prime Minister Datuk Seri Abdullah Ahmad Badawi at the launch of the Bahasa Malaysia text of the Federal Constitution (New Straits Times, Sept 29 2003).

Bear in the mind that Article 4 of the Constitution clearly pronounces Constitution as "the supreme law of the land and any law passed after Merdeka Day which is inconsistent with the Constitution shall, to the extent of the inconsistency, be void." And Article 75 "If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void."

HUDUD OFFENCES

Generally, the punishment for Hudud offences (The Star Online, July 12 2002) are as follows:

SYURB (consuming liquor or intoxicating drinks) – whipping between 40 & 80 lashes, depending on whether the person is repeat defender, and a prison term if the court deems it fit

QAZAF (an accusation of unlawful carnal intercourse which cannot be proven by 4 witnesses) – 80 lashes of the rattan and his testimony shall no longer be accepted until he has repented

ZINA (unlawful carnal intercourse) – if the defender is mohsan (married and has consummated the marriage), he/she faces death by stoning, but the stones will be of medium size.

SODOMY – a man who has anal sex with another man or woman, other than his wife is liable being stoned to death using medium-sized of stones.

INCEST – stoned to death using medium-sized stones. If the proof is not as that required for zina but there is the irrefutable scientific evidence, the offender faces a punishment under takzir.

SARIQAH (theft) – amputation of the right hand for the 1^st offence and left foot for the 2^nd offence. The offender faces a jail, for a period at the discretion of the judge, for the 3^rd and subsequent offences.

HIRABAH (robbery) – death followed by crucifixion if the robbery victim is killed and his property is taken away; amputation and payment of diya or irsy (compensation) if the victim is injured, and jail if only threats are issued

IRTIDAD (apostasy) – death and forfeiture of property if the offender fails to repent. If there is repentance at any stage before the death sentence is executed, the sentence is set aside, and the property is returned. However the offender can be ordered to serve up to 5 years jail.

The law has also set out several conditions for which the punishments for some of the offences may not apply.

Qisas is just retaliation, in which victim or victim’s family has the right to seek retribution and retaliation. Qisas offences involve murder and causing injury. Takzir offences are left to the discretion of the legislature or the Syariah Court.

Please also see article on Implications of the Hudud Bill 

SUGGESTED PRAYER POINTS:

1. Pray for wisdom for our Federal government in resolving the dilemma of dual system of law.
2. Pray that citizens of Terengganu will be aware of their rights, serious consequences of injustice and will have the courage to challenge the Hudud enactment. And that God will raise up Muslim lawyers like Mohamed Zaid Ibrahim who, last year, issued a petition against the Kelantan State Assembly for a declaration of null and void the Kelantan Syariah Criminal Code (II) Enactment 1993 (New Straits Times, July 11 2002).

[The ignorance of the majority of Muslims and non-Muslims on Islamic law and its implication and Federal Constitution has contributed to inaction and fear. Also, there is the belief that interpretation of Quran and discourse about it and Hadith should be confined to Muslim scholars and religious teachers. Finally there is the general assumption that members of PAS are among those who are knowledgeable on Quran and therefore to stand up against PAS is to risk opposing Islam. Lawyer Imtiaz Malik Sarwar said that Trengganu citizens have the right to petition the courts to challenge the Hudud law, which is unconstitutional (NST Oct. 2 2003). Criminal laws are within the purview of the Federal government.]

3. Pray that non-Muslims will understand that PAS’ Hudud law is a common problem for ALL not just the Muslims.

[Please see article on Implications of the Hudud Bill- why should you be concerned @ www.necf.org.my "Signs of the Times – Research".]

4. Pray for awareness and selflessness among Christian community and be fervent in prayer and have the courage to stand up against injustice and oppressive law.

[Christians must speak up in one united voice on behalf of others on issues concerning injustice, e.g. discrimination against the Muslim women.]

5. Pray that the supremacy of the original Federal Constitution be upheld at all cost.