LET’S give Bersih a rest this week. Over the past three weeks, we have been harping on about it. I think that’s enough. But we can continue to enjoy the childish antics of more clowns like those who ‘performed’ in front of Datuk S Ambiga’s residence in Kuala Lumpur this past week. I expect more to come.
Let us discuss hudud this week. Although writing about religion and religious issues is not my cup of tea, I suppose hudud can also be classified as a political issue within the context of Pakatan Rakyat. Actually, those who bring up the issue now and again are not religious scholars but politicians.
I suppose this article on hudud will be my only one in a long while. I have not touched on this subject for a long time because I know it will evoke anger and resentment from several concerned quarters. Each time it has been discussed in the public domain, it has caused intense argument as there are Malaysians who will get so worked up whenever a religious issue is debated.
We always see a familiar pattern in the hudud debate. So it was too this past week. It started with DAP chairman Karpal Singh taking a swipe at PAS in a counter attack against hudud. And we are only too familiar with Karpal’s ‘over my dead body’ stand.
The hudud question has long been a thorny issue between Islamist PAS and secular DAP, and surfaced again last week after PAS president Abdul Hadi Awang, backed by Ulama Council chief Harun Taib, reiterated that its implementation would be a priority.
The statement was made despite Hadi having given his assurance that PAS would not pursue its hudud ambition without the consent of its coalition partners after a similar argument broke out between them earlier.
Karpal once again raised a strong objection to Hadi’s statement and DAP secretary-general Lim Guan Eng said any attempt to work outside the Pakatan framework would be akin to a “stab in the back”.
The split on hudud forced Pakatan on the defensive as Barisan Nasional highlighted it to portray the pact as weak and fractious. Just like in the earlier showdown, PKR, the pact’s leading party, was again brought in to mediate a truce.
Hadi reiterated this week that PAS would not implement hudud if the coalition takes over Putrajaya in the next general election as the Islamic penal law is not part of its Common Policy Framework.
The PAS president has confused many, including me, for his contradictory stand on hudud. Last week, he said that hudud still stays as a PAS objective when it comes into power. After the Pakatan Rakyat meeting, he changed his tune to say that PAS will not implement hudud.
Even as I write this, I’m still not sure what Hadi’s stand is. But I do know that PAS has been consistent on hudud. Syariah laws will always remain a component of the party.
Because a religious issue is complicated, it is only sensible for non-Muslims to have a better understanding of hudud and syariah laws and its effects on a multi-religious society.
Hard-line Muslim leaders claim that syariah is eternal and can never be changed, while moderates argue that it is not a strict set of laws but should be open to interpretation.
In the West, syariah has become synonymous with the brutal punishments meted out in Islamic states, but the majority of laws are to do with everyday issues, ranging from personal hygiene to banking.
Sunni and Shia Muslims follow different schools of thought in interpreting the syariah laws, but all Muslims are required to live according to syariah wherever they are.
Non-Muslim Malaysians can understand and even appreciate Karpal Singh’s strong opposition against hudud. However, I don’t see the necessity to bring up this issue now and gain because I know hudud will not be implemented in Malaysia, at least not in my lifetime.
It is not only a non-Muslim like Karpal who is against hudud, other Muslim groups in Malaysia are also not in favour of its implementation, including the Prime Minister.
Datuk Seri Najib Tun Razak said in September last year that the government will not enforce hudud law in Malaysia.
The Prime Minister said although it was accepted in Islam, its implementation must be based on reality.
“Hudud laws cannot be implemented as we have to take into consideration the environment and the reality.
“The aim of an administration according to Islam is based on the maqasid syariah principle, which, among others, entails protecting religion, life, morals and property,” he said.
The Prime Minister said under current laws, the principle and objective of maqasid syariah could be championed.
Najib said there were already elements of hudud in the system “minus the extreme part”.
“This does not mean there are no Islamic laws being practised in Malaysia,” he said.
I think these words from the PM should be enough to put Malaysians at ease over hudud.
I also find this statement from a prominent Muslim NGO on the issue rather comforting.
Sisters in Islam (SIS), who first opposed hudud in 1995, stated last year that its stand on hudud has not changed, almost two decades later.
“Our stand remains the same: should all the possibilities and the consequences not be weighed carefully, the implementation of hudud holds within it the potential for enormous injustices. Until today, we find the Malaysian Islamic Party’s (PAS’) justification for advocating hudud unconvincing and even worrying.
“We are not alone in expressing these concerns. The European Muslim scholar Prof Dr Tariq Ramadan has also called for a moratorium on hudud punishments, on Islamic grounds.
“We understand that in the Malaysian context, the issue of hudud is politically charged. Nevertheless, we stress that hudud should be subjected to the same rigorous scrutiny as other laws made in the name of ‘Islam’. This is not to undermine the sanctity of Islam, but rather to ensure that human interpretations do not contradict or subvert principles of justice, fairness and equality as enshrined in Islam,” said SIS.
Well said, dear Sisters in Islam. We need more of such moderate Muslim NGOs in the country. In religion, we need a clear mind to think sensibly and responsibly, not one clouded in religious rhetoric.
Sources within PAS are saying that all’s not well within the party. Pakatan Rakyat’s latest ruling on hudud could very well split the Islamic party.
The compromise on hudud has sown discontent against the party’s progressive faction, which is blamed for the soft stand on the issue. This could be the beginning of a change that would threaten the top leaders’ position in the party when they hold their party elections next year. It could mean getting rid of most of its leaders and reverting to its conservative roots and ulama leadership.
But that should be the least of our worries. We are not interested in party politics, particularly when Islam is used as a bargaining chip.
More importantly, I think we should stop this hudud debate because it’s not right to use religion in the politics of a multiracial, multicultural and multi-religious nation. It’s even dangerous to do so.
And more so because hudud is not going to happen in Malaysia. So why debate, argue and get angry with each other over something that may never be legislated at all.
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