"Second never leads, first never follows" Adidas
People always talk about Hudud. It became a largely debated issue, and put many persons into fear situation, including one who doesnt have anything to do with it.
Hudud punishments only cover 7 types of offenses which are theft (saiqah), robbery (hirabah), adultery (zina), rape (zina bil-jabar), sodomy (liwat), accusing someone of adultery (qazaf) and drinking intoxicating drink. These respective offenses can be punishable with qisas (I kill you, your family kill me) and diyat. General offenses such as not performing Friday prayers, khlawat and indecent acts which carry the sentence of imprisonment and fine ( ta’zir).
In Malaysia under List 1 (Federal list), Ninth Schedule of the Federal Constitution, “criminal law” is a federal matter and within the jurisdiction of the civil courts. On the other hand, “offenses relating to precepts of Islam” as provided in List II (State List), Ninth Schedule of the Federal Constitution are within legislative powers of the States and the jurisdiction of the Sharia Court.
Among the offenses given under Penal Code, there are several offenses which are not to be found in the Penal Code or any federal law. In fact, they have been provided for in the Sharia Criminal Offences Enactments of the States. Examples are sexual intercourse out of wedlock, accusing another person of committing zina and offenses relating to intoxicating drink. It would be argued that those offenses are not part of the Federal criminal law. So, if those offenses were to be made under punishable with hudud and qisas punishments, that could be only done under a Federal Law as criminal law and not as “offenses relating to precepts of Islam”
Even if it is done by the State Legislature, it cannot be made applicable to non-Muslims. The reason is that the Constitution only empowers the State Legislature to make a law to create offenses applicable to only Muslims. So if the State Legislature makes such law applicable to non-Muslims, the law is unconstitutional, null and void. Besides, Sharia Courts have no jurisdiction over non-Muslims. If the state Legislature were to empower the Shariah Courts to try non-Muslims, that law is also unconstitutional, null and void.
Well, it's clear that the Hudud is something to carter the being of a Muslim. Wether it's to be implemented or not, it's your call to be made!
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