http://mthago.wordpress.com/2012/03/31/perlaksanaan-hukum-hudud-di-malaysia/

PERLAKSANAAN HUKUM HUDUD DI MALAYSIA
March 31, 2012 by Prof Dr Nasoha Saabin


Would Hudud Laws be implemented in Malaysia? Many are of the opinion, the 
implementation of Hudud Laws cannot be done in Malaysia because Malaysia is a 
multiracial and multireligious society. Many Muslims believe that the 
implementation of Hudud Laws can only be done in Malaysia when all the Muslims 
in Malaysia have correct and strong faith or iman. However many PAS members 
have the opposite opinion. They believe Hudud Laws must be implemented in 
Malaysia now, regardless of whether Muslims in Malaysia have correct and strong 
iman or not. When will all the Muslims in Malaysia have the correct and strong 
iman? Is there any effort or work on the part of the Muslims or the Malaysia 
government to correct and strengthen the iman of all the Muslims in Malaysia? 
Is it true that when Muslims have weak iman, we cannot implement the Hudud 
Laws? When will be the time for Hudud Laws to be implemented in Malaysia? PAS 
promise to the Malaysians during their election campaign that they will 
implement Hudud laws if they are chosen to rule Malaysia. PAS promise once they 
are elected to rule Malaysia, they will make Malaysia as Negara Islam. Since 
PAS join DAP and PKR, the slogan of Negara Islam and Hudud Law have become 
weakened and now PAS decided to change their slogan to Negara Berkebajikan. PAS 
changed the slogan because they wanted to wins the vote of the non-Muslims. 
Since many years PAS was trying to win the general election with the slogan of 
Negara Islam and Hudud Laws but they failed and only manage to rule the state 
of Kelantan. Many PAS members are in the opinion that they can only win the 
general election and rule Malaysia if they changed their traditional slogan to 
Negara Berkebajikan. With the new slogan PAS is ready to work with DAP a party 
which is deadly against the concept of Negara Islam and Hudud Laws.
When Tun Dr Mahathir was the Prime Minister of Malaysia, he was in the opinion 
that Negara Islam proposed by PAS is not the true concept of Negara Islam as 
mention in the Quran but it is Negara Islam as perceived by the members of PAS. 
Negara Islam as proposed by PAS will only make the Laws of Hudud to be only 
applicable to the Muslims and not to the non-Muslims. According to Tun Dr 
Mahathir, Islam is a religion that promotes justice and wellbeing to the whole 
mankind and if Hudud Laws proposed by PAS are only applicable to the Muslims, 
and not to the non-Muslims, then the Laws is permeating injustice to the 
Muslims. As for example, in criminal cases when it involved between Muslims and 
non-Muslims, according to the Hudud Laws proposed by PAS, only the Muslims in 
the criminal cases are implicated with the Hudud Laws while the non-Muslims 
will be judged according to the civil laws. In other words, in case a Muslim is 
caught stealing, his or her hand will be amputated but when a non-Muslim is 
caught stealing, he or she will only be sentenced to imprisonment or with other 
forms of punishments. Tun Dr Mahathir argued, in case Hudud Laws as proposed by 
PAS being implemented in Malaysia, we will find more Malays (who are Muslims) 
will have their hands being amputated and while the non-Muslims will escape 
such punishment. According to Tun Dr Mahathir, this is injustice and according 
to him, whatever promotes injustice is not Islam. What Tun Dr Mahathir was 
trying to explain is that he is not against Hudud Laws if the laws are 
implemented according to the real teaching of Islam. Tun Dr Mahathir claims 
that PAS interpretation of Islam is not the real Islam. Although Tun Dr 
Mahathir did not agree with the Islam interpreted by PAS, yet until today, Tun 
Dr Mahathir has not come up with the correct interpretation of Islam that he 
claims to be the true Islam.

PAS members are so annoyed with Tun Dr Mahathir and to some PAS members they 
think Tun Dr Mahathir has become an apostate and they call him by the nickname 
of MahaFirun. PAS rule the state of Kelantan for nearly twenty years and during 
those twenty years of administration, PAS had failed to rule Kelantan with 
Islamic or Hudud Laws. During the time when Tun Dr Mahathir was the Prime 
Minister; PAS blamed Tun Dr Mahathir for not allowing them to establish Hudud 
Laws. But now, Tun Dr Mahathir had resigned as the Prime Minister of Malaysia 
since 2003 but still until today, Kelantan has not decided to establish Hudud 
Laws in Kelantan. Although outwardly PAS did not agree with Tun Dr Mahathir but 
by looking at their actions in Kelantan, it looks as if to a certain extent PAS 
agree with the opinion of Tun Dr Mahathir. Among the states in Malaysia, 
Kelantan has the highest percentage of peoples inflicted with the deadly and 
sexually related diseases of HIV and Kelantan has the highest rate of divorce 
and the highest rate of Muslims trying to change to other religions. What has 
gone wrong with the state of Kelantan under the rule of PAS? PAS is an Islamic 
party and the Menteri Besar of Kelantan is a Tuan Guru Nik Abdul Aziz, a well 
know religious cleric in Malaysia. All the PAS members respected him and some 
go to the extent of believing that Tuan Guru Nik Abdul Aziz would never makes 
any mistakes and that he is the lover of Allah. Many PAS members believe that 
whatever said by Tuan Guru must be true and need to be followed by all the 
members of PAS. Although rule by the so call religious person that represent 
the so call Islamic party, yet there are more peoples in Kelantan got infected 
with the deadly and sexually abused diseases of HIV. Many peoples in Kelantan 
entertain themselves with girls who were infected with AIDS in the neighborhood 
country of Thailand. Thailand is the neighbour of Kelantan and prostitution is 
a business openly operated in Thailand. Tuan Guru Nik Aziz must have failed in 
teaching the peoples of Kelantan on how to increase their iman and on how to 
prevent themselves from falling into the traps of Syaitan. Every week, Tuan 
Guru Nik Aziz teaches Islam to the peoples of Kelantan, and probably only a 
handful of them are benefitting from the lessons given by him, while the rest 
of the peoples of Kelantan are not benefitting from him at all. In case Hudud 
Laws are implemented to the Muslims in Kelantan, according to Tun Dr Mahathir, 
many will have to be killed by stoning them to death and hands being amputated.

I think neither PAS nor Tun Dr Mahathir knows how to implement Hudud Laws. Both 
parties are in the dark on how to implement Hudud Laws in Malaysia. Neither of 
them is against the Laws of Hudud. Both parties agree that Hudud laws are laws 
that come from Allah and we need to implement Hudud Laws but as according to 
Tun Dr Mahathir, we need to implement the Laws with justice or fairness to both 
Muslims and non-Muslims. Let me tell you and those who read this article that 
all the orders that come from Allah are meant only to those who have strong 
faith in Allah (beriman) and not to those who have no strong faith in Allah. 
Many of those who have recited the Great Kalimah Syahadah are not yet believers 
or Muslim or Mukmin. Many who recited the Great Kalimah Syahadah have only 
recited the Great Kalimah Syahadah on their mouth and the Great Kalimah 
Syahadah have not yet entered their heart. Only those who have recited the 
Great Kalimah Syahadah from their heart are called believers or Muslim or 
Mukmin. Generally many people have only recited the Great Kalimah with their 
mouth and not with their hearts and they are only regarded as to have entered 
Islam or `masuk Islam `or `orang Islam' and certainly they are not Muslims or 
believers or Mukmin. Only Muslims or Mukmin would like to obey all the orders 
of Allah in the Quran. Allah is the only One that can place the Great Kalimah 
Syahadah into our heart and Allah will do that once He is pleased with us and 
Allah will be pleased with us when we have obeyed all the orders of Allah, 
starting with the First order of Allah. What is the First order of Allah? The 
First order of Allah is that one has to recite and fulfills the right of the 
Great Kalimah Syahadah. What is meant by the fulfillment of the right of Great 
Kalimah Syahadah? Enjoining good and forbidding evils and the greatest evils 
done by men is they do not want to accept the truth that there is no God except 
Allah and Muhammad is the Prophet of Allah and to enjoin good to these people 
is by inviting (Dakwah) them to accept and recite the Great Kalimah Syahadah. 
On the other hand the greatest evil done by those who have recited the Great 
Kalimah Syahadah is they do not fulfill the right of the Great Kalimah Syahadah 
and they do not perform  five times obligatory prayers. Enjoining good to these 
people is by inviting them to do the work of Dakwah and to perform five times 
daily prayers.

Generally many of those who have recited the Great Kalimah Syahadah in the 
whole world are not fulfilling the right of the Great Kalimah Syahadah and 
Allah is not pleased with them and although they have recited the Great Kalimah 
Syahadah since they were young, yet the Great Kalimah still remains in their 
mouth and not in their heart. Many of those who have recited the Great Kalimah 
Syahadah are still orang Islam and not Muslim or Mukmin. Orang Islam would not 
be ready to accept the Hudud Laws and if they are given the choice, they will 
choose the civil laws instead of Hudud Laws. We can implement Hudud Laws in 
Malaysia by giving the criminals the choice to either choose Hudud or civil 
laws. Hudud Laws are for the believers or Muslim who choose in this world to be 
punished under Hudud laws so that they will not be punished in the hereafter. 
Orang Islam and the non-Muslims will certainly choose the civil laws because 
they have no fear of Allah and the punishment in the hereafter. In Malaysia we 
should have two courts that exercise Hudud and Civil Laws and the criminals 
should be given the choice to either be judged in the Civil or Hudud Court. In 
Islam there is no compulsion to follow the orders of Allah. Government should 
not force the peoples to become Muslims or to obey the orders of Allah. 
Government is only to encourage the peoples to become Muslims and to obey the 
orders of Allah and to provide the system that will encourage the peoples to 
embrace Islam and to obey the orders of Allah. Islam promotes justice and Allah 
will not require us to obey His orders that we cannot bear. In order to enable 
us to obey all the other orders of Allah, Allah has given us the First Order of 
Allah and if only orang Islam obey the First Order of Allah, and the other four 
Pillars of Islam (Rukun Islam), Allah will give them the strength of iman that 
will enable them to become Muslim or Mukmin. Once a person has become Muslim or 
Mukmin, he or she will be ready to be judged in the court that practice Hudud 
instead of Civil Laws because they have fear of Allah and the punishment in the 
hereafter. One interesting question; Would Haji Hadi or Tuan Guru Nik Aziz and 
all the PAS members who strongly vote for Hudud Laws will choose the court that 
practice Hudud Laws if in case they are involved in some criminal charges?

Prof. Dr. Nasoha Saabin
March 2012
Dean of Faculty of Optometry
International University College of Technology Twintech
Kuala Lumpur, Malaysia



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