‘Think before passing Bill’

Jahaberdeen Mohamed Yunoos is a senior practising lawyer, author, blogger and active in several NGOs.

PETALING JAYA: Moderate Malaysians are taking a stand after the near-debate of a Bill that would have allowed hudud to be implemented in Kelantan.

Lawyer Datuk Seri Jahaberdeen Mohamed Yunoos said parliamentarians should think very carefully before they passed Bills relating to hudud.

“Muslim MPs should decide very carefully.

“It may result in an imposition compelling Muslims to accept something in the name of Islam but which they may not be convinced of.

“There are various interpretations by scholars as to what constitutes hudud and what constitutes takzir (punishments not prescribed in the Quran, usually for minor crimes).

Takzir is one of the three categories of Syariah law where the punishment meted out would involve summonses and counselling. The other two categories are hudud and qisas.

“I, as a Muslim, hope that MPs do not with a misguided good intention allow a situation where a Muslim’s faith is oppressed by law passed by the politicians and lawmakers,” he said when contacted yesterday.

Should the Bill be passed and hudud is implemented in Kelantan, Jahaberdeen said this would set a precedence for hudud laws to be passed in other states and even at Federal level.

Lawyer and human rights activist Siti Zabedah Kasim said many Malaysians did not understand the implications of hudud.

Zaid Ibrahim

If it is implemented, Siti said, it would give the Syariah court power to mete out any punishment it “deems to be Islamic”, short of the mandatory penalty.

“In (PAS president Datuk Seri) Abdul Hadi Awang’s version of Islam, this includes punishments such as stoning and even the amputation of hands,” she said.

Siti also pointed out the conundrum Malay Muslims like her – those who do not agree with PAS’ interpretation of Islam – would face.

“I demand that Malays like me should not be governed under hudud law recommended by PAS. To us, it is not Islamic at all,” she said.

Siti said hudud was meant only for a perfect country in which poverty was eradicated, there was no corruption and people had no reason to fear.

“I suggest Hadi Awang first improve the welfare of the people in Kelantan and not implement hudud,” she said.

Datuk Zaid Ibrahim, a former Law Minister, said it was pathetic for the Government to support the introduction of a Private Bill that has not been discussed, yet has far reaching effect on the people and the justice system.

“Azalina (Datuk Seri Azalina Othman Said) and the lawyers in the Cabinet need to be more responsible in the matter.

“Don’t treat Abdul Hadi’s Bill as political football that will not do harm.

“Think of the country’s future,” he said. “PAS is not just splitting the ummah but the country.”

Asked whether Syariah law would supercede the Federal Constitution in terms of a citizen’s fundamental rights, if the Bill were passed, he replied: “Abdul Hadi’s Bill is unconstitutional; it is a blatant Taliban-esque act by PAS to impose its will on the people.

“This will render the Federal Constitution and all the provisions sacrosanct for a democracy meaningless.”