Monday, December 22, 2014

HUDUD STANDOFF

PR is suffering its 3rd real test in its 5th year (after the 2 general elections) and it is related to Hudud: a hidden skeleton that was kept carefully for some time until its cover was blown wide open come December 2014. 

It is no secret that Hudud has been the objective of PAS. It has been in its policies, ceramah, books and party paraphernalia. DAP has, on the other hand, an unwavering stand against Hudud. Something that it likes to mention out quite publicly. 

Essentially, what I am going to write is for both to step back and think for a moment. It is easy to criticise and find fault with the other, what is harder is to introspect and mull whether we ourselves have been in the wrong:
  1. Hudud though an integral form of Islamic Law, does not represent the entire religion. It is based on ascertained Hadd punishments specified by the Qur'an and Sunnah. Even then, it is a minority when compared to the other element in Islamic Criminal law which is Ta'zir, which is not pre-determined, bigger in scope than Hudud and its application is dependent on ijtihad and the current policies of the government of the day.
  2. Hudud does not claim to be the most prioritised commandment of Allah SWT. There are numerous other actions, deeds and worship which holds precedent such as al-'adalah (justice) and al-amanah (trust).
  3. It is by no coincidence that there are a plethora of Islamic teachings other than Hudud that is rigourously encouraged to be implemented by Islam.
  4. It is advised that these be put forward and suggested to be accepted by DAP and PKR such as good governance, expanding the role of the Zakat institution, education, welfare, science and technology especially explaining what is Islam exactly and how it is different than the current misconception.
  5. DAP on the other hand, notwithstanding my writings above, would do well to understand that Malaysia has been readily able to accept many Islamic concepts with no negative impact whatsoever. Islamic banking and commerce is a good example.
  6. If a perusal is to be made to the criminal laws of Malaysia, the concept of hanging which involves snapping of the neck bone and asphyxia, and caning: leading to severe scars and injury, are all 'brutal' acts but are nonetheless accepted as a form of capital punishment.
  7. PAS should 'sell' Hudud in the form, sense and feel of a legal reform rather than an arbitrary imposition leaving more questions rather than answers.
  8. DAP should also take a step back and be more inquisitive rather than dismissive. As not all things Islamic are regressive and not everything we have in our current civil laws are clean beyond reproach.    
  9. Hudud is appealing in its deterrent aspect, something that is not quite so apparent in current penalties.
In a union, all components should be aware of not only its ideological differences, but more so its similarities. It is based on these similarities should PR forge its consensus. These similar ideologies have been laid down in written form and signed in the Common Policy Framework (CPF) document.

That being said, Hudud is currently not part of the CPF. But PAS should not feel left out, as many other facets of Islam could be carried out with full support from DAP. Introduce them to the beauty of Islam on this method, and who knows InsyaAllah in the future maybe even DAP would embrace Hudud.

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