Dr Dzulkefly Ahmad, via email
Sadly, Malaysia is now a nation plagued with the perennial problems of endemic corruption, embezzlement, wastage and a widening income inequality; a nation torn by deepening racial divide and religious intolerance due to bigotry; a nation whose critical institutions are chronically subverted by the powers-that-be, thus losing their cardinal role of check and balance of the separation of powers for effective governance.
Despite all these gross failures of nation building, the issue of ‘Hudud’, is once again taking centre stage. But why? Why was the private member’s bill from the Member of Parliament for Marang allowed to be tabled?
To stand down all other government matters on the order paper, only to be told that the PAS president, Haji Abdul Hadi Awang, wanted the debate to be deferred is simply nonsensical.
Any thinking Malaysian would realise that, by granting leave to debate the bill to amend the Shariah Court (Criminal Jurisdiction) Act, and then conveniently deferring the debate to a later session, smacks of a sinister political manoeuvering at best and downright despicable at worst.
Never mind that Barisan National is about to implode. Never mind that Pakatan Harapan might bite the ‘Hudud Bill’ bait and go into a tail-spin again, the way’Hudud’ dismantled Pakatan Rakyat. Never mind that the debate was over a ‘motion’ or a ‘Bill’.
The nation is yet again embattled in this acrimonious unending debate, arguably without any constructive and productive outcome.
Just as everyone was up in arms against everyone else, seen as having contrarian views, PM Najib Razak and his minister in charge of religious affairs, Jamil Khir Baharom, deemed it amusing to announce that it is not a ‘Hudud Bill’ after all.
Is it a ‘Hudud Bill’ or not? Of course it is. Why are you afraid to call a spade a spade? Simply put, Hadi’s bill seeks to broaden the syariah court’s jurisdiction for a “minimalist” implementation of Hudud, allowing syariah courts to mete out some (perhaps three) of the five Hudud sentences: those not on the federal list Penal Code and not involving death sentences.
The bill can pave the way for Hudud to be implemented in Kelantan: specifically, it allows Hudud punishments for adultery or zina (sex between a couple not married to each other), alcohol consumption (syurb khamr) and apostasy (irtidad).
What if Hadi is successful? Should we celebrate?
Is that all that PAS can offer of Islam and shari’ah? Punishment and more punishment!
This epitomises the intellectual paralysis of the first generation Islamist political parties that have deluded the minds of undiscerning Muslims. The time has come for all discerning Muslims to pronounce loudly and clearly what Islam truly stands for, beyond the punitive aspect of the shari’ah.
Parti Amanah Negara will continue to advocate for the higher objectives of the shari’ah (saqasid shari’ah), as to address the national failures and move forward towards nation re-building.
To embrace the true embodiment of “Islam as a mercy unto all Mankind” (Rahmatan liL ‘Aalamin), Amanah upholds and advocates for the imperative of “Human Dignity” (Karamah Insaniyyah) as fundamental to debunk all forms of discrimination based on race, faith, religion and political affiliation.
Amanah advocates the principles of justice and equality (Al’ Adl wa al-Musaawa), in both responsibility and opportunity for every citizen, to be observed and institutionalized without prejudice and discrimination. The Prophet Muhammad (peace be upon him) pronounced this very revolutionary precept and commitment in his Medina Constitution.
Only when the recognition of the dignity of Man is institutionalized in political governance will the other higher objectives of shari’ah ,namely the protection and preservation of Faith (Hifzul Deen), Life (Hifzul Nafs), Intellect (Hifzul Aqal), Progeny (Hifzul Nasab) and finally the protection of Property (Hifzul Maal); be meaningful and operational within a policy construct of enhancing a just and equitable development.
While recognising the appropriate roles of punishment and prohibition in Islam, Amanah is opposed to its over-emphasis as it reduces Islam to a way of life based on rigid dos and don’ts and finally becoming Talibanic in coercion and policing.
Submission in Islam must be based on conviction, knowledge and free-will and not through legal acts of coercion, which invariably breed ignorance, hypocrisy and dishonesty, human ailments which Islam endeavours to eliminate.
Amanah’s view of the Maqasid Shari’ah additionally calls for Islam to be fundamentally hinged on its imperatives of securing and protecting justice and freedom (Hifzul ‘Adalah wa Hurriyah) for all mankind.
PAS is at liberty to don any clothing, from Arabic jubah and turbans to Malay songket and tanjak, and to brandish the longest keris. We could only wish them well.
But when PAS retrogresses into championing the doctrine of Malay-Muslim supremacies (Ketuanan Melayu-Islam) and reducing Islam to merely hudud and punitive laws, fellow Malaysians can be rest assured that Amanah and its coalition partners, Pakatan Harapan, will lump PAS together with their new found ally, Umno-BN, as our political nemesis.
Amanah calls for an immediate systemic reform premised on the ethical and moral principles of accountability and transparency as advocated by Islam and the immediate restoration of the rule of law (Siyadah al-Qanuniyyah).
Recognising the immediate and urgent needs of a failing Malaysia, the “Hadi and Najib Bill” simply reflects one party that is completely oblivious to the injustice, corruption, racial and religious strife in our nation and another fighting for its political survival by creating distractions from 1MDB, a national economic slump and a potential party implosion.
Dr Dzulkefly Ahmad is strategy director of Parti Amanah Negara
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