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Hudud Law or Islamic Criminal Law: A Non-Muslim Viewpoint



In every election year, Hudud Law or Islamic Criminal Law is becomes the major issue. As a non-Muslim I would like stated my views of this issue in accordance with Malaysian Constitution.

Under Article 3(1) of Federal Constitution 1957 (FC1957), Islam is the religion of Malaysia. But other religions many be practiced in peace and harmony in any part of Malaysia. In Article 3(4), it’s stated that this does not affect the other provisions of the Constitution.

The official religion of Malaysia is Islam. For Malaysia to become an Islamic state, Federal Constitution is need to be repealed and replaced with Al Quran and Sunnah as the source for our law.

The Constitution under the 9th Schedule, List II, permits States to make laws for their own states on Islamic matters such as Islamic law and personal and family law of Muslims - Wakafs, Islamic charitable and religious endowments, institutions, trusts, charities; Zakat, Fitrah, Baitulmal and other Islamic religious revenue; Mosques; Determination of matters of Islamic law and doctrine and Malay customs; The control of propagation of doctrines and beliefs among Muslims; Islamic Offences:  Offences by Muslims against percepts of Islam except if the matter is in the Federal List; Syariah Courts:  Establishment of Syariah courts.

There are limitations on State powers to create Islamic offences:  Only Parliament may make laws relating to criminal matters. Any crimes in Malaysia will be dealt with Criminal Procedure Code, Penal Code or other relevant statutes.

Under the Constitution, Syariah Courts have no jurisdiction or power over Islamic offences unless authorised by federal law. Under Syariah Courts (Criminal Jurisdiction) Act 1965, Syariah Courts have no power over any State Islamic offence, such as hudud offences expect for the power to try Islamic offences so long as the maximum punishments allowed for such offences do not exceed any combination of: jail term – 3 years; Fine – RM5000; Whipping – 6 lashes.

Therefore Syariah law is very much limited to Muslims involving family and property matters. If there is no suitable atmosphere to accommodate then the Hudud Law is literally impossible to implement.  

Further to implement Hudud Law in Malaysia, the first foremost act needs to be done by the ruling party which control the Parliament with 2/3 majority is to amend the Constitution. To amend the Constitution, one must get an absolute majority of 2/3rds of the total number of members of each House is required.   This means that for the Dewan Rakyat at least 148 of its 222 members must vote in favour and for the Dewan Negara, 47 out of 70 must vote in favour. Further the consent from the Conference of Rulers is needed if the amendment involves with the status of Islam in Malaysia.
For an example, in 2008 election, Barisan Nasional (BN) only had 137 members out of 222 members and therefore has not regained the 2/3rds majority for Constitutional amendments. Before the 2008 election, BN had the opportunities to make Malaysia as an Islamic s as it’s had 2/3rds majority in the Parliament but never executed. Unfortunately BN has said that if Pakatan Rakyat (PR) forms government then they going to implement Hudud Law in Malaysia but this are not so practical or impossible to implement it.

In a hypothetical situation, if PR regains 2/3rds majority in the Parliament where the members of DAP and PKR inclusive of non-Muslims obviously will opposed to such amendments. Therefore it is very unlikely that PR will impose such law.

In further, to enact such law firstly one has to create an appropriate environment by declaring Malaysia as an Islamic through the amendments to the Constitution where the Constitution wills no longer the supreme law of land.

But in reality the implementation of Hudud law in Malaysia is unlikely to happen as the political parties have no intention to impose it and the process itself is requires an enormous effort.

In nutshell, this is the ploy of the politicians to gain support from the ‘rakyat’ i.e. people during election by using the racial and religion as the tools for them to be reelected.  

Kuala Lumpur.

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