KUALA LUMPUR, Oct 28 — Despite the secular nature of Malaysia’s legal system, there is no reason to block Islamic laws, including hudud from being carried out nationwide, constitutional expert Dr Abdul Aziz Bari has said.
Aziz had reportedly accused Malaysian leaders of purposely withholding from implementing Islamic laws nationwide, claiming that it can be done through existing laws.
“The excuse saying this nation’s legal system as secular comes from those who are uncomfortable with syariah laws,” Aziz was quoted as saying yesterday by PAS-backed news portal HarakahDaily.
“We already have Islamic banking, zakat and so on. But Islamic laws have not been implemented because of pressure from certain quarters.”
He also explained that there is no reason why Kelantan cannot enact its own Islamic law, which includes hudud, provided that it goes through a proper channel approved by the federal government.
Aziz was speaking to a forum during a national-level Amal Ma’ruf Nahi Mungkar convention in Pengkalan Chepa, Kelantan yesterday, which was also attended by PAS leaders including spiritual leader Datuk Nik Abd Aziz Nik Mat and Kelantan Mentri Besar Datuk Ahmad Yakob.
In his speech, Ahmad had slammed critics of the Islamic penal system, saying any Muslim who reject its implementation were risking their faith and insulting the “intelligence of Allah”.
Ahmad also insisted that Kelantan will keep maintain its hudud law despite opposition against it, and pointed to Brunei as a role model for its enforcement.
Last week, Brunei had introduced Islamic law as part of its criminal penalty system.
Called the Syariah Penal Code, the system is to take effect from next year but has already drawn condemnation from global human rights advocates.
In Islamic jurisprudence, hudud cover crimes such as theft, illicit sexual relations, making unproven accusations of illicit sex, causing physical hurt, drinking intoxicants, apostasy, and acts contrary to Islamic belief.
The code implemented by Brunei specifies punishments as prescribed by Islamic holy texts, including death by stoning for adultery. However, prosecutors must fulfil a high burden of proof, including the testimony of at least four credible witnesses, in order to carry out the punishment.
Other offences such as theft can be punishable by amputation of the right hand, if the property stolen amounts to or exceeds the nisab (required minimum value) and two credible witnesses besides the victim are produced.
Syariah law is generally confined to Muslims, but can extend to non-Muslims if they are involved in aiding or abetting an offence committed by a Muslim.
The issue of implementing hudud law in Malaysia has kept opposition parties in Pakatan Rakyat (PR) at loggerheads, especially between the Islamist PAS and secular DAP.
