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Thursday, October 27, 2011

Law expert: Hudud can't be implemented by force

Law expert Abdul Aziz Bari yesterday spoke out against associate professor Ridhuan Tee Abdullah for saying that the hudud law should be implemented by "force".

NONEAccording to Abdul Aziz (left), who is a law professor at Universiti Islam Antarabangsa, Ridhuan's statement is not supported from a legal or theological standpoint.

The don, whose suspensionfrom UIA was lifted on Monday, said that it has been the view of Muslims jurists that the hudud should only govern Muslims.

As such, Ridhuan's views aired on Tuesday that the law should be put in "by force" to "educate non-Muslims" seem inappropriate given his position as an academic.

While Abdul Aziz concedes that Ridhuan may not be adept at legal arguments as this is not his area of specialty, the legal expert said hudud cannot be discussed without taking into account the federal constitution.

"Whatever we have to say about hudud, we have to argue it on the basis of the constitution, not because (the constitution) is sacred...but simply because it is the basic law of the land," he said in a statement.

He added that Ridhuan, who teaches in the faculty of nationhood and civilisation at the National Defence University, must also realise that the era of imposing laws on people are over.

"(Ridhuan) may have some repressive laws in mind - something that has been imposed on the people without their consent.

"But that period is over and now they are more assertive about their rights; and Islam itself is more about freedom and choice rather than force and compulsion," he said.

Damaging to image of Islam

He added a good example of an Islamic concept which had received fierce resistance, but now widely accepted in Malaysia, is Islamic banking.

"It was a big no-no way back in the 1970s when it was first mooted," he said, arguing that Islam is a "religion of reason and persuasion" and that measured implementation is a better option than force.

NONE"I am not going to say that Ridhuan (right) should be investigated for sedition as I don't think this law is democratic. But he should have been more careful, as his remarks have not done any good to Islam," he said.

Ridhuan, a Muslim convert of Chinese ethnicity, argued that the hudud must be implemented by force as the negative perception of non-Muslims makes it impossible that it will be accepted voluntarily.

A fellow panelist, Kelantan state exco Mohd Amar Abdullah, however, took a different stance saying that the state had not implemented the hudud in toto despite passing the enactment in 1993.

He said that the PAS government believes that by implementing Islamic policies and educating the rakyat, it is preparing people to accept Islam and hudud.

Mohd Amar also disputed Ridhuan's claim that non-Muslims are unreceptive of Islam, saying that the community in Kelantan are open to hearing more about the religion and hudud.

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