Open-Ended Issue

NO: ‘Hudud’ laws should NOT be applied in Malaysia >>

Malaysia is an Islamic country and ‘Hudud’ laws should be applied. -- According to the Islamic opposition party in Malaysia (Shari ‘a Tussle Peaks, Mahathir Warns Islamic Party of “Hell”, 2002) >>

The full implementation of Hudud laws is only feasible in am Islamic State with an Islamic constitution and system of government. -- According to statement made by the director of University Malaya’s academy of Islamic studies (Need to Consider What In Hudud Law is Applicable in The Present Day, 1999). >>

Applying the Shari’ah laws for instance Hudud under a non-Islamic governmental system will subject the law to restrictions, manipulations and possible abuse. (Ma’alam, 2000) >>

Malaysia is indeed an Islamic country, though it is run by federal laws. -- declaration made by the Prime Minister, Dato’ Seri Dr. Mahathir Mohammad (Shari ‘a Tussle Peaks, Mahathir Warns Islamic Party of “Hell”, 2002) >>

"Islam is the official religion and we are an Islamic state. We have never been secular because being secular by Western definition means separation of the Islamic principles in the way we govern a country." -- Najib Razak, Deputy Prime Minister of Malaysia, talking to state news agency Bernama " >>

The government of Malaysia's ignores history and constitution. -- According to lawyers, opposition parties and religious leaders, in response to the remarks of Najib Razak >>

"Whether it is stated in the constitution or not, this is a Muslim country, because we follow Muslim teachings and Muslim injunctions." -- Mahathir Mohamad, former premier of Malaysia, talking to reporters. >>

50 years of independence had failed to free Malaysia from the "clutches of colonialism". Sharia should be "infused" into the gaps created by abolishing common law. -- According to Ahmad Fairuz, chief justice, at an Islamic conference in Kuala Lumpur >>

Malaysia is a secular state. >>

Malaysia is not Islamic in terms of the supreme law. >>

This constitution is the Supreme Law of the Federation and any law passed after Merdeka day which is inconsistent with this constitution shall, to the extent of the`inconsistency, be void.` -- According to Article 4(1) of Federal Constitution of Malaysia (pg.21) >>

Malaysia's constitution explicitly says Islam is the official religion. >>

Malaysia's constitution does not explicitly say it is a secular state. >>

Malaysians are free to choose their religion. -- Constitution of Malaysia, Article 11 >>

In Malaysia, Prime Minister Badawi ordered that forums organized around the country to discuss religious freedom must stop. The forums, run by a group called Article 11, named after the section of the Constitution that says Malaysians are free to choose their religion, were disrupted on several occasions by Islamic protesters. The chief organizer of the Article 11 forums is a well-known human rights lawyer, Malik Imtiaz Sarwar, a Muslim. >>

In Malaysia, sharia already operates in some states and is occasionally applied to non-Muslims >>

About 60 percent of Malaysia's 26 million people are Malay Muslims, whose rights are decided by Islamic Shariah courts. The other smaller communities are governed by civil courts. >>

In Malaysia, Islamic officials forcibly separated a Hindu-Muslim couple with six children after 21 years of marriage. >>

Malaysia is a multi racial as well as a multi religious country. >>

About 60 percent of Malaysia’s 26 million people are Muslim, 20 percent are Buddhist, nearly 10 percent are Christian and 6 percent Hindu. >>

The percentage of the non-Muslims and the Muslims people in Malaysia are quite in balance. (Hudud Laws: what worries Non-Muslims, 1994) >>

Enforcement of ‘Hudud’ laws are difficult
Enforcement of ‘Hudud’ laws which are really based on the Quran and Hadith are difficult >>

There should not be a problem in implementing the ‘Hudud’ laws as everything have been prescribed in the Quran and further explained in the Hadith of the Prophet Muhammad S.A.W. >>

Hudud laws should be enforced in line with the teaching of Islam. >>

Hudud laws is a law of God; Allah S.W.T which have been laid down in the Quran. >>

It is better not to enforce ‘Hudud’ laws if there are still difficulties, which can leads to any doubts. >>

“Prevent the application of Hadd punishment as much as you can whenever any doubts persists” -- Prophet S.A.W, Hadith >>

The purpose of all laws, whether it is God’s laws or man-made laws, is to dispense justice not caused hardships to the people at large. >>

Muslim scholars differ in their opinions and interpretations of certain matters in Islam >>

It is difficult to determine the competencies and other qualifications needed for those authorities enforcing the ‘Hudud’ laws. >>

It is difficult to find people who are competent enough to enforce the Hudud laws. >>

There are many strict requirements to enforce ‘Hudud’ laws
There are many strict requirements to be fulfilled in terms of the witnesses, the person who commit the offences and the evidence. >>

Hudud laws should not be applied today in Malaysia due to the lack of understanding within its society. >>

There is a lack of understanding on Hudud laws both to non-Muslims as well as Muslims people. >>

Non-Muslims view Hudud laws suspiciously because they lack of understanding on the matter and fear an “alien” judicial system. -- According to Lawyer Sulaiman Abdullah, a senior member of the BAR Council (Explain Hudud Laws, says Lawyer, 1992). >>

More and more Malaysians are confused and bewildered by claims made by different individuals on why the Hudud laws should or should not be implemented -- Organize A Public Forum On Hudud Laws, 1992 >>

Islam prohibits the introduction of a system that creates uneasiness among the people and clashes in religions. (Hudud to be Implemented When the Time Comes, 2002) >>

The application of Hudud laws might lead to the discrimination on women. >>

Women in Malaysia raised questions about their rights and the impact of Hudud laws on women. (Many Questions On Hudud Laws still Unanswered, 1993). >>

Example of discrimination of women in the aspplication of Sharia law
Several Pakistani women who had been raped and were unable to provide witnesses as required under the ordinance and were then accused of committing adultery and sentenced. (Many Questions On Hudud Laws still Unanswered, 1993). >>

The Pakistan examples are a corruption on the application of Hudud laws because the results are contrary to the real Hudud laws. >>

YES: ‘Hudud’ laws should be applied in Malaysia >>