Will non-Muslims really be protected from 'hudud'

Back in the days when Mahathir Mohamad was the prime minister and UMNO and BN was in its prime, Kelantan was the only state under opposition rule and the party in charge there was PAS. An Islamist party, PAS has been consistent through the years that its religion would be its raison detre. It is one of the oldest parties in Malaysia and has long been a thorn in UMNO’s side, a viable threat to the latter's hold on the Malay vote.

In turn, UMNO has branded PAS a monster of an Islamic party. Often times labelled as extremist and painted as the evil that would turn moderate Malaysia into a haven of Islamic extremism. Yet, since 1998, opinions about PAS have slowly turned. And in today’s world, there are some non-Muslims who would readily join PAS. Why?

Mainly because PAS has been more clear in purpose than UMNO. And this year, PAS has undergone a major shift in direction. Its current leadership is perhaps the most progressive so far, but to the very bone, PAS will be an Islamic political party.

What's the fuss about

So why the fuss about PAS wanting to implement hudud, which is a part of Islamic law, in Kelantan? Of all Muslim political parties, it is PAS that has enough justification to even mention it since it is in line with its political struggle from the very beginning. Do non-Muslims have to fear this?

The constant struggle for Malay political dominance is often times mixed up with Islamic ideology. It is a struggle to see who is more Malay than the other, and UMNO, PAS and PKR have been caught up in this struggle to prove themselves more Malay than the other in order to gain the Malay vote. And there are times when this battle takes on a religious tone.

On one hand, UMNO uses the Hudud issue to scare both Malays and non-Malay voters and on the other, the party claims that it supports hudud in principle. So is UMNO for or against Hudud? UMNO will never give a clear answer, because their answer will depend on where the vote will go - to UMNO-BN or Pakatan Rakyat. The Hudud issue is a political bogey-man UMNO uses to snare the non-Muslim vote and curtail the Malays.

What the Constitution says

For PAS, to be so agreeable to Hudud is only right and sane since it is in line with PAS objectives as a Islamic party. In any case, what is so wrong with Hudud being implemented? There is really no reason why Hudud law cannot be practiced unless it infringes on the rights of those who do not subscribe to Islam - the non-Muslims.

Article 3(1) of the Federal Constitution states - Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

Article 4(1) states - This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Article 11(4) states - State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

It is clear that eventhough Islam is the religion of the federation, the highest law in the country is the Federal Constitution and any law passed by Parliament that does not contravene with the Federal Constitution. Federal law does not meddle in religious affairs of the state which is stated in Article 11(4). The state is in control of such laws, and Islamic Law is treated separatedly than federal law. In fact Federal Law is not to interfere with Islamic Law on the state level.

Article 76. (1) Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:

(a) for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or …

(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.

Non-Muslims must understand the facts and not stereotype

So when Kelantan decides to implement Hudud, it is for the state to decide and implement. It is in compliance with the spirit of the Federal Constitution that allows religious matters to be handled at a state level with the Sultan as head of religious matters. So what wrong would PAS do if they decide to implement Hudud in Kelantan, a state that it legally controls via the mandate of the people?

It also has to be clear that Hudud is only for Muslims since it is a class of punishments that are fixed for certain crimes under Syariah Law or Islamic Law. Hudud is one of four categories of punishment under Islamic Law and only applicable for 6 kinds of offences. Thus, for the Syariah Court to only apply 3 out of the 4 categories of punishment under Islamic Law in Malaysia is strange. Should not Law be practiced in its entirety and not given to selective practice?

Having said this, what then is wrong with Hudud law? And why the sudden rush by MCA and DAP to condemn its practices? It will never affect the non-Muslims in Malaysia. As for Muslims, undoubtedly there are many who also fear hudud, but they too must understand it is not applicable for all crimes under the Syariah Law, so why do Muslims need to fear it too?

Malaysia is at the cross-roads, let Malaysians not be diluted by the political and iedological battles the politicians are involved in. If Malaysia is to practice Syariah Law, then practice it in its entire form. Non-Muslims have nothing to fear, for Hudud is only for the Muslims who take matters up with the Syariah Courts.

Instead, it is the leaders of this country who must stop using religious matters to scare citizens just for the sake of getting their votes. That in itself is not only against Islam but contradicts the teachings of all other major religions in this world. It is plain evil.

- Malaysia Chronicle