News

The issue of hudud (punishments) is again raised in the Malaysian mainstream media. Actually, the issue on the implementation of hudud had been raised repeatedly, notably by Parti Islam SeMalaysia (PAS), but now, the issue is raised with a little bit of a twist. UMNO, the main Malay Muslim component of the ruling Barisan Nasional coalition, reportedly agreed with PAS to set up a technical committee to discuss the implementation of the law. UMNO is also reported to have been moving forward in providing information about hudud to its members. PAS on the other hand is facing resistance from its own colleagues in the opposition Pakatan Rakyat coalition, especially from the Democratic Action Party (DAP) from the very beginning. Despite the opposition, PAS has been seen to multiply its efforts in lobbying Members of Parliament to ensure that majority of the Members of Parliament support the implementation of hudud in Kelantan.

Comment

The mechanism of decision making in a democratic system (through Parliament) is to vote. Democracy teaches that whatever decision to be made, it must be based on the rule of the majority. Is such a decision making mechanism allowed by Islam? It is true that in certain matters, Islam allows the voice of the majority, specifically in matters related to the problems of styles and means, which are permissible. However, in matters involving Islamic law (Shari'a), ruling by majority is a sacrilege. Islamic law cannot be based on the rule of majority but must be implemented without choice or hesitation. Democracy, by its virtue of requiring people to poll before a law can be implemented is blasphemous as far as implementation of Islam is concerned.

The question of hudud as Allah's law (Shari'a) must be known by every Muslim as something which is known by necessity (al-ma'lum min ad-Deen bi dharurah). However, every Muslim must also know that hudud is only a part of the law of Allah (swt) under the category of ‘uqubat (sentence / punishment). Besides hudud, other sub-categories of ‘uqubat are qisas / jinayat, ta'zir and mukhalafat. Every Muslim must also understand in turn that, ‘uqubat is only a small part of Islamic law. Islam is a Deen revealed by Allah (swt) to the Prophet Muhammad (saw) to regulate the relationship between man and his Creator, with himself and with other human beings. Man's relationship with his Creator covers the laws of faith and worship. Man's relationship with his own covers moral laws, food and clothing and man's relationship with other humans includes, among others, the ruling system, economic system, social system, education policy, foreign policy and ‘uqubat. These are the laws of Islam and it is obligatory upon all Muslims to practice Islam in its totality. Partial implementation of Islam would only invite contempt and wrath of Almighty Allah! Furthermore, the beauty of Islam can never be imparted fully on the society if it is only partially implemented.

Even though the sincere intention of implementing Islam, albeit only a small part of it, should be appreciated, it must be clear to Muslims that there are aspects of Islam that can only be implemented by the Khilafah "Caliphate", the ruling entity, in particular those laws that govern man's relationship with other humans. In reality what should have been the main issue is not whether hudud should or should not be implemented, rather what would be the right mechanism of implementation of hudud as a Law of Allah. Unfortunately, the mechanism of implementation is totally neglected and the hudud issue has been blown out of proportion to an extent that hudud is seen to represent Islam in its totality!

We would like to remind our brothers in PAS that, working on the implementation of hudud only in the state of Kelantan means neglecting the duties of hudud in its entirety. This is because hudud must be applied not only in Kelantan but all over the country and even the whole world. And we must understand that we must strive to apply the law of Allah in totality, not just focus on the implementation of hudud.

O Members of the Malaysian Parliament! Hizb ut Tahrir reminds you that you have no right to discuss and vote on the law of Allah (swt) in Parliament. What you do will only invite the wrath of Allah Almighty. How could you even think to pass the law of Allah in ways prescribed by Lord Reid in the Federal Constitution?? How can you make the infidel constitution of Lord Reid greater than the Words of Al-Quran? Take heed! The implementation of shari'a must be done the right way and must not be subjected to other ways let alone with the ways specified by the unbelievers. Islam must be implemented as a whole and with the right mechanism prescribed by Allah (swt).

We must therefore aspire and work towards re-establishing the Khilafah "Caliphate" which will be responsible for implementing and guarding the Shari'a of Allah. This is our true direction. This is our way.

Written for the Central Media Office of Hizb ut Tahrir by
Dr. Muhammad - Malaysia