KUALA LUMPUR, May 30 ― The recent gang rape of a 15-year-old girl in Kelantan reflects the failure of “man-made laws” and proves the need for “divine” hudud, a PAS leader said today in a continuing push for the implementation of the Islamic penal law.
Party vice-president Tuan Ibrahim Tuan Man said the incident which took allegedly took place on May 20 proved that the existing secular justice system have failed to serve as a deterrent while arguing that hudud, which metes out severe punishment, could have helped prevented rape and other crimes from taking place.
“The incident is testimonial to how criminals are not shaken nor fear the existing legal system… the effectiveness of the current legal system is now in doubt as crime rates climb.
“But humans have so far refused to admit the inadequacy of man-made laws to deter criminals although this country faces a moral calamity... humans remain stubborn to choose a legal system which they deem greater than that of their creator,” he said in a statement.
Local dailies reported 38 suspects aged between 15 and 38 are believed to have taken turns to rape the Form Three student in a vacant house in Ketereh in PAS-ruled Kelantan on May 20, an incident that sparked nationwide uproar.
Rape is a major bone of contention for critics of hudud.
Detractors argue that the Islamic penal law’s requirement for rape victims to present four credible Muslim witnesses to support her allegations could provide culprits with loopholes and lead to easy acquittal.
Ibrahim, however, argued that in the case of the 15 year-old girl, the Shariah Court, which administers hudud, could try the suspects under a law called “takzir”.
“This is because in takzir the punishment is even more severe than hudud should the court finds the need to administer a heavier punishment,” he said.
Tazir or ta’azir in Islamic law refers to punishment, usually corporal, that can be administered at the discretion of the judge, called a qadi or kadi.
The PAS vice-president hit out at critics of hudud, calling them ignorant and suggested that they were more interested in protecting the rights of criminals instead of the victims, echoing the view of his party’s president Datuk Seri Abdul Hadi Awang.
“To those who oppose Islamic laws especially hudud ― how would you feel if the victim who was raped by the 38 men is your daughter,” he asked, and added, “for those who oppose hudud because you believe in protecting the human rights of these rapists, reflect on it as if you are the parents of the victims.”
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 recently seeked for parliamentary approval to implement hudud. It planned to put forward two private members’ bills in Parliament, but put them on hold after the Barisan Nasional (BN) federal government promised to set up a joint technical committee to look into the matter.
The move has met stiff resistance from PAS’s partner in the Pakatan Rakyat, DAP, as well as non-Muslim components in the BN coalition who argue that hudud is unconstitutional and unsuitable for a multiracial country like Malaysia.
