Fear of hudud fades, but does it belong in the present and who decides

Although fear about hudud, the controversial Islamic law, is beginning to fade, social interest and debate about its ramifications and implications are beginning to intensify.

This reflects the growing intellectual curiosity of Malaysians especially amongst the youth, who already form a large bulk of the electorate and are poised to play the bigger and more vocal role in society.

Unlike their parents, young and well-educated Malaysians won't be keeping quiet and are already changing the rules based on their own social mores and norms, rather than accept the hand-me-downs of past generations.

These are indeed developments that the current players in the hudud issue - the politicians and the religious leaders - should take note of or fall on their own sword, and become irrelevant and unable to serve the people.

Politicians and religious officials have had say

Just a day ago, Kelantan religious officials challenged Prime Minister Najib Razak to listen to the advice of Perak Mufti Harussani Zakaria to allow the PAS-led Kelantan implement hudud laws.

"The federal government should consider the views of the religious scholars especially a mufti because they are more well informed in issues regarding religion. And if it succeeds, the same opportunity should be given to other states to implement it," said Mohd Amar Abdullah, the chairman of Jawatankuasa Pembangunan Islam, Pendidikan dan Dakwah Negeri.

He had been asked to comment on Harussani's statement that the Najib administration should allow PAS-led Kelantan, which is 95% populated by Malays and Muslims to include hudud in its crimninal laws. Kelantan had in 1993 approved the hudud Bill, but cannot implement it as criminal law falls under the jurisdiction of the federal government.

Harussan's support of hudud is indeed a political slap in the face for Najib as it reeks of a rejection by the conservative Muslims in the country. As Harusaani pointed out, hudud is a requirement in Islam and must be implemented by the Ruler. Malaysia had implement Syariah or Islamic law that applies only to Muslims. However, the Syariah system introduced by Najib's Umno did not include hudud, which pertains to 6 criminal prosecutions and includes outrageous punishment such as whipping, amputation of limbs and stoning to death.

What about the people, the followers of the faiths

Indeed, even as Mohd Amar called for Kelantan to be used as a test-bed and model for implementation of full-fledged Islamic laws, with the system restricted only to Muslims, debate continues to rage over the issue. Not only are Muslims and Malays carrying on an active debate in the social media networks, the non-Muslims and non-Malays are also having their own parallel pros-and-cons argument.

While the non-Malays no longer fear hudud or PAS, which previously had the image of a backward, extremist party, they believe that hudud belongs to the past, such as abortion and homosexuality.

"Christians too have their own taboos. The Catholic Church too bans abortions and homosexuality. The Vatican is also accused of being in denial mode but has it reversed its stand. So you see, religion is a very odd thing and this is why the Christian leaders in this country have not objected and Bishop Paul Tan even called for Kelantan to be allowed to practise hudud, as long as non-Muslims are not involved," Anthony Chong, a Christian lay leader from the SFX, told Malaysia chronicle.

But despite the seemingly liberal stance of the Christian leaders here, other non-Muslims and many Muslims themselves, including the Sisters-in-Islam NGO, have condemned hudud. To them, it is not good enough to have the assurances of the Muslim clerics that only when really necessary would the archaic punishments be carried out.

"Why have it in the first place then? Doesn't make sense if they have no intention to really follow and abide by the code, or are they saying it is only for show?" said a Malay lady, an accountant in a large bank, who did wish to be named.

The new reality

While many Malays are devout in their Islamic beliefs, they are also unable to accept the harshness of hudud. It is similar amongst many Christians, especially the Catholics, who feel compassion for single mothers and the misery inflicted on homosexuals, especially amongst the gay teens. But while some brave souls have spoken up and called for 'modernisation', many still cannot bring themselves to publicly go against the teachings in the Bible or the Quran.

In the Malaysian political arena, the issue has perhaps been simplified into a contest for popularity. The MCA has accused DAP of being sympathetic hudud, while DAP insists that it will oppose hudud all the way to Parliament regardless of whether it remained a bit-player in the opposition or made a big-splash into the federal government.

Civil society members have a different approach. They believe the issue should be taken out the politicians' hands as the polemics over hudud, or abortion or homosexuality, made it very tough to resolve the inherent problems. They are of the view that even the Church and the Muftis and the priests, should accept that the time may have come to allow the people to decide for themselves.

"This is a very different world from the Dark Ages, from the days of Saladin or Joan of Arc. Even then the Crusades and the fighting in Jerusalem and the Middle-East were due to politicking and emotionalising, rather than religion or religious pressures per se. Here in Malaysia, we are lucky in that we don't have bombs falling on our homes now and then. We can think more cooly, so, I would say, why not hold a referendum on such issues," said Peter a staunch Catholic activist and missionary, who asked Malaysia Chronicle not to reveal his full name.

"Everyone including the religious leaders but especially the politicians should refrain from adopting a holier-than-thou attitude. For the politicians, everybody knows their game, they are ruthless and self-serving. For the religious leaders, they should realize that having the best religion in the world is no use if there are no followers."

Malaysia Chronicle