BANGI, May 29 — Implementing hudud will be destructive if the issues corruption and equality are also not addressed, Datuk Dr Mohd Asri Zainul Abidin said today.

The former Perlis mufti said in today’s world hudud laws face a contextual challenge that are different than during the time of Prophet Muhammad—such as ensuring that a society is at  its best through good governance, a proper financial aid system to help the poor and a fair legal system.

This, he said was the reason why many Muslim countries have been unsuccessful in properly implementing Islamic shariah law in the past.

“If you look at Malay states in the past that practice hudud...Malay Sultans were exempted from being subject to laws, they were above the law.

“The worst punishment (for them) could have just been a state of exile,” he said during a forum on hudud at University Kebangsaan Malaysia (UKM) titled: “Hudud in Malaysia: Opportunities, obstacles and challenges.”

“Hudud will be destructive if there people are not equal under law,” he added.

Asri stressed that hudud must not be seen as a solution for Muslims, and that there are many countries which practice hudud but are riddled with major problems.

“We have to make sure our zakat system, for instance, serves those who need it.

“Let it not come to a point where we have people having to go to churches to ask for help,” Asri added.

In 1993, the PAS state government passed the Kelantan Shariah Criminal Code Enactment (II), allowing it to impose the strict Islamic penal code in the state. But the laws have not been implemented.

PAS is now looking for parliamentary approval to implement hudud. It plans to put forward two private members’ bills in Parliament.

One seeks approval for unconventional punishments, some of which are for offences already covered in the Penal Code. The other seeks to empower Shariah courts to mete out the unconventional punishments.

According to the Shariah Courts (Criminal) Jurisdiction Act 1965, the Islamic court cannot sentence offenders to more than three years in jail or fine them more than RM 5,000. It also cannot sentence offenders to be whipped more than six times.