MESTI BACA : Memperkenalkan Istilah Bahasa Melayu Yang Baru "Politik Gimik" - RUU Semua Adalah Hukum Kepala B- - -k Mereka. Bukan Hukum Allah!

 The following is an opinion that was reported in Free Malaysia Today. Here is the link.

My commenst are in blue.

 

 

Mujahidin Zulkiffli

I am a Muslim. I am far from a perfect Muslim but I believe in Allah.

Maybe many will question why I reject Abdul Hadi Awang’s proposed amendments to Act 355. If I am a Muslim, aren’t I compelled to accept shariah law?

• My first response is that this is not Allah’s law. 
• It is a man-made law. 
• It does not state in the Quran and hadiths that punishments is paid in ringgit or any currency for that matter.

There is no summons or punishment prescribed in shariah, What is prescribed is compensation in place of Qisas (law of retaliation). So my question is where does the punishment of paying a fine come from?

From Allah? Or has Hadi become God?

In the Quran, Allah says: Allah will not burden his people with that which they have no ability to bear (Surah Al-Baqarah).

(OSTB : It is in Surah Al Baqarah 2:286

“Allah does not burden a self beyond that it can bear” (2:286)

Who can afford to pay the RM100,000 fine which Hadi is seeking? Only the rich, and if the proposed amendments are passed, where is the social justice should the fine be too heavy for the poor?

(OSTB : Obviously you can see the level of Hadi's IQ. It is just a political gimmick. Each time there is an election they will start singing the RUU dangdut again. last time it was hudud. Hud-hud-hud. Dud-dud-dud. Hu-dud-hu-dud, du-dud-dud. It is just a gimik politik.)

And if a judge has the discretion to heavily fine a rich person and give a poor man a lighter punishment, then isn’t this prejudice which goes against Allah’s commandment?

“O ye who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do.” (An Nisa 135).

Only Allah is fit to judge a person. A prejudiced judge is a judge who isn’t accepted by Islam. Punishments which aren’t based on the Quran or hadiths should be abolished, not misused.

Secondly, the punishment of 100 lashes of the cane is a hudud punishment. It is indeed found in the Quran but for zina (unlawful sexual relations). In carrying out this punishment, you need four Muslim male witnesses.

The witnesses have to be of good character, clever, fair and someone who is not fasiq or unreliable (by virtue of intentionally and constantly transgresses boundaries prescribed by Allah, and considered unreliable).

Let us look at khalwat (close proximity) raids.

Most of the raids are carried out by officers who don’t appear to be of good character (a lack of manners means not of good character, right?), and they don’t appear to be clever or else they would be doctors, engineers or lawyers, right?

(OSTB : In any society the cleverest people become the doctors, engineers, architects, lawyers, scientists etc. The not so clever and even the dumbest become the religious fellows. In India, Pakistan, Sudan etc the poorest and the school dropouts end up in the madrassahs, many of which do not have electricity, running water or toilets. Then after "learning" in the madrassahs their students suddenly become the religious 'experts'. The tok guru fellows are no different. If they had high IQ levels or they were good at their studies they would become the doctors, businessmen, engineers etc.) 

Ok, maybe they are clever because the requirement for being clever is not being insane, but are they really not insane? Hmmm… at a glance, some of them look crazy enough.

(OSTB : Whether they are insane or not they are taught quite insane ideas. Even a sane person soon becomes insane. And stupid. It is what they are taught that makes them insane.)

And are they fair? If their KPI is to arrest people, then there is a problem because a lack of arrests can be seen as them not doing their job. And if they are seen as not doing their job they can be sacked. So how can we be sure they will be 100% fair?

And are they really not fasiq? Do they not maintain the smallest sins? Who doesn’t maintain the smallest sins? Most of them smoke and that is enough to constitute a small sin (and since smoking is haram according to a previous fatwa), this makes them unreliable.

(OSTB : Perlis, Kedah and Selangor once passed fatwa, which were gazetted, which said that smoking is haram. But no one obeys that fatwa.)

And if the 100 lashes is a hudud punishment, why are they lying by saying the proposed amendments aren’t hudud? If they can lie like this why do we want to accept liars as our leaders?

(OSTB : If they say that their proposed punishments are NOT hudud then it automatically means their proposed RUU is not a hukum Allah. This is what they are saying. If it is NOT a hukum Allah then it must be a hukum kepala b---k depa.)

They might feel this is tazir punishments (punishments at a discretion of a judge or ruler) but tazir punishments cannot be as heavy as hudud punishments.

This was agreed upon by the Islamic jurists Al Shafie, Al Hanbali and Hanafi. Only Maliki feels tazir punishments can be heavy but not excessive.

But if we want to follow the Maliki school of thought, we also have to accept that dogs aren’t unclean? Hah? Why not, right?

(OSTB : Here is something from Sheikh Ali Gomaa, the former Grand Mufti of Egypt :

"a new fatwa by Egypt’s former Grand Mufti Ali Gomaa challenges this traditional view, stating that there is a misconception about dogs being impure and ritually unclean (najis).   Sheikh Gomaa, who was Grand Mufti for a decade of the Sunni Islamic world’s top Islamic authority, is one of the most respected Islamic scholars and clerics in the world.  During his television show which discusses Islam’s teachings, the Sheikh stated that there is nothing wrong with keeping a dog inside your house as a dog is not impure. )

Also, the 30-year jail sentence isn’t in the Quran. This punishment is excessive for our existing shariah offences. In fact, it goes against the views of the Islamic jurists, including Maliki.

(OSTB : Again the 30 year jail sentence is not found in the hukum hudud. The 30 year jail sentence is not part of hukum Allah. It is a hukum ikut kepala b---k depa.)

Fourthly, shariah law will disrupt the lives of non-Muslims. A khalwat raid on a couple where one person is a non-Muslim will have an impact on that person.

The need for witnesses who are Muslim will also have an impact on non-Muslims as they can’t be witnesses. If they can’t be witnesses, how can they get justice?

(OSTB : So lets say 10 policemen observed a couple engaged in khalwat or zina. Say nine of the policemen were non-Muslims, so does that mean there are no FOUR witnesses?

The Quran is very specific. The Quran does NOT say that FOUR witnesses are specifically required to witness the ZINA.  Here is the reference. Please read extremely very carefully.

(24:2) Perempuan yang berzina dan lelaki yang berzina, hendaklah kamu sebat tiap-tiap seorang dari keduanya seratus kali sebat; dan janganlah kamu dipengaruhi oleh perasaan belas kasihan terhadap keduanya dalam menjalankan hukum agama Allah, jika benar kamu beriman kepada Allah dan hari akhirat; dan hendaklah disaksikan hukuman seksa yang dikenakan kepada mereka itu oleh sekumpulan dari orang-orang yang beriman.

(24:2) Those who commit zina - whether female or male - flog each one of them with a hundred lashes. And let not tenderness for them deter you from what pertains to Allah's religion, if you do truly believe in Allah and the Last Day; and let a party of believers witness their punishment.

As I said please read extremely very carefully.

• dan hendaklah disaksikan hukuman seksa yang dikenakan kepada mereka itu oleh sekumpulan dari orang-orang beriman
  
• Let a party of believers witness their punishment. 

There is no specific mention anywhere in the Quran that FOUR witnesses are required WHO HAVE ACTUALLY WITNESSED THE ACT OF ZINA.   

What it says is that a party of believers are required to witness their punishment. 

Please note the very big difference. 

The Quran states specifically that FOUR witnesses are required for cases involving accusations  against women of good character. Here it is :

24:4 Those who throw / accuse against chaste women (mukhsanaati) and fail to produce four witnesses, give them eighty lashes ˹each˺. And do not ever accept any testimony from them—for they are indeed the rebellious

24:4 Dan orang-orang yang melemparkan (tuduhan) kepada perempuan yang terpelihara kehormatannya (mukhsanaati), kemudian mereka tidak membawakan empat orang saksi, maka sebatlah mereka delapan puluh kali sebat; dan janganlah kamu menerima persaksian mereka itu selama-lamanya; kerana mereka adalah orang-orang yang fasik.

• Note that this applies specifically to women. 
• There is no mention of men. 
• There is no mention of race or religion either.
  

It is also qualified - 'women of good character' (mukhsan-aati). Meaning the character of the woman has to be established. Again there is no mention of race or religion either.

And it says 'throw' or 'accuse' or 'melemparkan'. The time frame is not mentioned. It could be now, from yesterday, from ten years ago etc. Throwing accusations or melemparkan tuduhan against women of good character requires FOUR witnesses. 

Plus nowhere does the Quran say that physical or material evidence like DNA, video tapes, audio tapes, the witness of non Muslims etc cannot be accepted. The clear cut case in the Quran is the story of Joseph where a torn shirt (material evidence) is referred to as evidence which absolved Joseph of wrong doing, AND AT THE SAME TIME confirmed the guilt of the woman who tried to seduce him.)

As an example, if a non-Muslim husband or wife has an adulterous relationship with a Muslim, they cannot accuse the Muslim of adultery.

(OSTB : Err...you would have to check with the lebai fellows on this one. The lebais have their own views.)

Thankfully, they aren’t punished by our shariah laws or else they would receive 80 lashes of the cane.

Once more, most importantly, if such punishments aren’t prescribed in the Quran and hadiths, why is it called Allah’s law?

Astargfirullahalazim… we shouldn’t simply come up with worldly punishments and label them as Allah’s law. Don’t lie and more importantly, don’t slander Allah.

(OSTB : If it is not Allah's law then it should be called hukum kepala b---k depa). 

Allah commands that slander is worst than murder. More importantly, Allah commanded the Rasul:

“Verily, We have sent down to you the Book (this Quran) for mankind in truth. So whosoever accepts the guidance, it is only for his own self; and whosoever goes astray, he goes astray only for his (own) loss. And you are not a Wakil (trustee or disposer of affairs, or keeper) over them.” (Qur’an 39:41)

If the Rasul was advised against controlling the actions of others, who is Hadi?

Mujahidin Zulkiffli is a FMT reader.

With a firm belief in freedom of expression and without prejudice, FMT tries its best to share reliable content from third parties. Such articles are strictly the writer’s (or organisation’s) personal opinion. FMT does not necessarily endorse the views or opinions given by any third party content provider.

OSTB : Ok folks so that was a view by Mujahiddin Zulkiffli in Free Malaysia Today with my own comments in blue. 

The following is another comment from somewhere else, but also touching on the same subject. The writer is a very eminent person (a Tan Sri) so I have (sadly) witheld his/her identity.

I  agree with the ex IGP that PAS’s proposal in tabling a private bill to parliament to make Malaysia an Islamic state , will result in Sabah and Sarawak leaving the Federation

All Malaysia will suffer becos both states are resource rich in timber, oil, natural gas and marine products . 

If they leave Malaysia , the Malaysian economy will fall bcos oil and commodity exports earnings are a major reason why our foreign reserves and ringgit are strong, even in this time of tensions in the world over the Ukraine war.  

When the ringgit falls in value, import costs will rise and the poor will have a difficult life with imported inflation. As galloping inflation rips thru the population, thats a sign we are heading towards a failed state, with the people struggling to feed the family .
 

The rakyat will then turn to the "freedom" fighters to rescue the country from disaster. As violent protests breakout, thousands will die on the streets.

But our neighbours will not sit idle. Thailand will grab Kedah and Kelantan in the north and Spore will seize Johor to protect its water supply.

(OSTB : Tan Sri this part is debateable. Generally speaking, all over the world Muslims are either in trouble, they are trouble causers, they invite trouble or they are just trouble. I dont think Thailand wants to acquire two or three million more troublesome Muslims into their borders. Or Singapore for that matter. Many Indians today are so happy they are rid of Pakistan and Bangladesh. So does non-Muslim South Sudan - they are relieved that they are rid of Muslim Sudan. No one wants to be too near the Muslims.) 

Malaysia will become a divided country , partitioned by occupying neighbours who are afraid that their domestic Islamic extremists will get bad ideas from the Islamic State of Malaysia . Their intervention will receive support from the West and China. The Arab countries will not care what happens to Malaysia.

Thats the end of the story.

OSTB : Indeed that will be the end.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.