Hukum hudud not Pakatan Rakyat policy


Media reports that PAS vice president Datuk Husam Musa has said that PAS will implement hudud if Pakatan Rakyat takes over the Federal Government has created a frenzy of reaction.

Hukum hudud is not Pakatan Rakyat policy and it is for Husam to clarify what he actually said.

DAP’s stand on the secular character of Malaysian nation and state as agreed in the social contract by our forefathers when Merdeka was achieved 51 years ago remains consistent and unchanged.

If unclarified, Husam’s statement would create unease, anxiety and opposition not only among the 11% of the Chinese voters in the critical Kuala Terengganu by-election on January 17 but also among both Malay and non-Malay voters whether in Terengganu or the rest of Malaysia.

  1. #1 by cintanegara on Monday, 22 December 2008 - 12:10 pm

    How would Rakyat have a confidence in PR if their policies are inconsistent? DAP is widely known of representing a particuar community while their counterpat, PAS has its own future agenda.

  2. #2 by oedipus on Monday, 22 December 2008 - 12:33 pm

    Umno is also extremely and famously known of representing a certain community, and so is MCA and also MIC as their party name boldly declares.

    Well AT LEAST PKR, DAP and PAS got malay, chinese, indian and various communities IN the party. Its like the pot calling the kettle black, my dear Cintanegara.

    Our forefathers have the wisdom and foresight to chart the path of our nation and i fully support the Social Contract and the Declaration of Independence!

  3. #3 by ch on Monday, 22 December 2008 - 12:36 pm

    Dear All,

    This is something which we need to carefully study before coming with a conclusion or comment. Hudud law is something which DAP has for years, went against and will continue to as long as the party is serving the Malaysians. We must reconcile with the fact that Hudud is something which PAS has always been championing for over the years. Fortunately or unfortunately, both political parties had yet to have a meeting of minds here on this sensitive issue. However, one must also live with the reality that what is sensitive to DAP may be construe as insensitive to PAS, a party which has scored big by championing the Muslim’s way of life. We have no idea as to how the leaders of PAS, Keadilan and DAP will do in order to set the record straight so as to move on as a credible “government in waiting”. Moving around and speaking in different tunes would send the wrong message and signal to all and sundry as well as opening itself to wanton attacks by Barisan Nasional. Be that as it may but we must also understand that leaders from BN were at odds as well on numerous policies formed by the UMNO Supreme Council. The only difference is that none of them were openly published in the newspaper and most Malaysians would passed by the year thinking all are honky-dory in the BN-led government. The reverse is true when BN noticed a small tiny differential in opinion among Pakatan’s leaders as the mass-media would take advantage of the situation by widely publishing the crack, although it may have just been a small issue spoken by junior leaders. But the reality is BN controls the mass-media and Pakatan must live with it by operating in such a situation.

    Speaking in one single voice should be the order of the day for Pakatan Rakyat but most would believe that it is easier said than done. We are certain that leaders from Pakatan Rakyat have already took into consideration of these differential in opinion when they first formed the coaliation to work together with the view of forming the alternative government. Our take is that if Pakatan leaders are unable to settle this issue then they are not a worthy combatant against the old and tested BN.

  4. #4 by OrangRojak on Monday, 22 December 2008 - 12:44 pm

    Multi-anything societies will always have this problem. A society is either a single society or it’s a collection of societies with only gross geographic location in common. One of the things Malaysia badly needs to sort out is which one of its many sets of laws is superior to the others. One law for one person, and another for his neighbour is preposterous, and can only deepen divides.

    Having said that, if devout Muslims wish to submit to Hudud, I see no reason why a superior federal law should not permit them to. States must choose the standard above which it trusts its citizens to choose for themselves, and below which it protects its citizens from their follies. I don’t believe there’s an absolute point that’s ‘right’ for such a standard. Malaysia pays scant regard to UN advice on law (read the Special Rapporteurs’ reports on Malaysia sometime: very interesting), so there’s no point in appealing to International norms before a ‘sky change’.

    If federal law were to be superior, and was to permit Muslims to choose Hudud, federal appeal must be guaranteed, both to avoid unusually light sentences / miscarriages of justice (as defined by federal law) under Hudud, and also to permit those sentenced under Hudud the opportunity to avoid unusually harsh sentences (as defined by federal law). Such a scheme would allow devout Muslims to personally enjoy their religion to the full, while ensuring that all Malaysians get full federal protection from their fellow citizens.

    I imagine any proposal to make Hudud ‘optional’ for Muslims in Malaysia will inflame some, but you cannot make a nation of equals out of enclaves following different rules. The machinery of state must work for all Malaysians, and ONLY all Malaysians.

    I feel sorry for Pakatan Rakyat – a marriage of convenience can be difficult. Is there a good reason to campaign as a united entity? I’m not convinced the trade of clear objectives for larger mass was a profitable one.

  5. #5 by Gomen on Monday, 22 December 2008 - 12:46 pm

    it doesn’t make any sense… they may say we’re from China and India and Malaysia belongs to them, but they have to remember than if they really want to implement their Malay Supremacy, they ought to kick sabah and sarawak out from Malaysia, coz last check, Sabah and Sarawak belongs to the Iban, Dayak, Kadahzan and many more… so, how fair is it to to say Hudud law and Malay custom is a Malaysian thing? Don’t these Sabahan and Sarawakian has their own custom and rights too? poor sabahan and sarawakian.

  6. #6 by OrangRojak on Monday, 22 December 2008 - 1:03 pm

    “Speaking in one single voice should be the order of the day”
    I disagree. There you go, we presumably want similar things, yet we speak with two voices. I spoke to a good number of voters in the last election, mostly because it seemed to me that none of my neighbours were going to vote. I cannot vote in Malaysia, my wife can, and my children have to wait for nearly 20 years. I didn’t recommend a party to vote for, I was only shocked that so many people who had so much time to complain had so little time to make the most trivial contribution a member of a democracy can make. While I was organising ICs to stations and neighbours to cars, I heard them talking about the voting process, the different parties involved, the baffling format of the polling slips, but not once ‘Pakatan Rakyat’.
    Every neighbour I heard talking about the election were either voting for BN, or were talking about a single non-BN party. If they were talking about a single party, it was because of policies, because “that Mr X is such a nice man, he cares about us”, or for the inevitable reasons (not unique to Malaysia) of some kind of affiliation.
    I’m not at all convinced by the ‘single voice’ argument – I think it’s dangerous to try to beat BN at its own game. It must be apparent (even if a person only gets their political knowledge from NST, Utusan et al) that divisions do exist in BN. To try to claim they don’t in PR is to stoop to a lower political level.
    In some ways it would be easier for DAP and PAS to say “secular” and “hudud” agreeably while in opposition if they were not trying to pretend to be one homogeneous political entity. Rather than publicly papering over the cracks, they could use the opportunity to explain how a coalition might work in the future.
    Cintanegara is perfectly right in this case, but not in a particularly important way. Many countries are run by coalition governments formed post-election, most of whom seem to do very well despite their pre-election policy differences.

  7. #7 by All For The Road on Monday, 22 December 2008 - 1:04 pm

    Malaysia is a secular country with Islam as the official religion as defined in the Constitution. Nobody can deny this fact and reality of our nationhood.

    PAS VP Husam Musa should not play politics with the other partners of Pakatan Rakyat about implementing hukum hudud if he wants the coalition to be intact and forceful in the up-coming KT parliamentary by-election on 17 January, 2009. If he persists and insists along that narrow path, then the 10 per cent Chinese voters in KT will definitely go BN way come 17 January, 2009. The mighty BN by-election machinery will pursue this to the hilt and it will be disaster to PR especially PAS. The by-election will be a forgone conclusion going UMNO way.

    Husam should retract his statement about implementing hukum hudud to dispel the fears and anguish of the non-muslims throughout the country. If he does not, then many believe Pakatan Rakyat will be doomed not for now but forever! Wake up Husam!

  8. #8 by toxic_body on Monday, 22 December 2008 - 1:06 pm

    dear All,

    I am malaysians, don’t be afraid of this hudud because actually this act only punish muslim who broke the law not punish to non muslim. Non muslim still under the sivil law. I know because i ask to muslim people about this so don’t worry be happy .. we are malaysian ..

  9. #9 by Hasbullah Pit on Monday, 22 December 2008 - 1:36 pm

    Tiada apa yang perlu dirisaukan kalau Pengundi bukan Islam di Kuala Terengganu boleh faham Hukum hudud hanya untuk umat Islam dan tiada kaitan dengan mereka.

    Yang agak merisaukan ialah apabila perkataan “sekular” dimainkan, politik “hapuskan DEB” dimainkan.

    YB LIm hanya perlu gantikan “secular” dengan Demokrasi.

  10. #10 by Jeffrey on Monday, 22 December 2008 - 2:21 pm

    You didn’t say Hukum hudud is not DAP’s policy. You say it is not Pakatan Rakyat policy.

    So what is Pakatan Rakyat going to do about PAS that champions Hukum hudud (associated with an Islamic Theocratic state) contrary to Pakatan Rakyat’s policies?

    Eject PAS, or embrace and be led by it?

  11. #11 by anakreformasi on Monday, 22 December 2008 - 3:03 pm

    HUDUD…..

    Saa rasa Y.B. Lim Kit Siang tak paham makna HUDUD tuh dan apa yang terkandung dalamnya…..

    HUDUD nih untuk Orang Islam dan penting untuk kami ORANG ISLAM.

    SEKULAR is gud for non-Muslim, not for Islam.

    Polisi DAP dan PAKATAN RAKYAT berlainan, jadi, tak boleh dikatakan POLISI PAKATAN RAKYAT sama dengan POLISI DAP.

    HUDUD tetap wajib dilaksanakan untuk kami, UMMAT ISLAM.

    Saya harap Y.B. Lim Kit Siang boleh berdebat dengan PAS dan PKR mengenai HUDUD ini….. Kami respek dengan agama lain, dan diharap Y.B. pun respek dengan agama kami, agama Islam.

    Semoga Y.B. Dapat memahami HUDUD dengan lebih mendalam daripada MENTERI BESAR Y.B. iaitu Dato’ Sri Nizar.

    Sekian, terima kasih.

  12. #12 by wesuffer on Monday, 22 December 2008 - 3:55 pm

    why we worry about hudud law?
    for innonsense people, does not have to scare what!
    i support what ever law to against the guilty people

  13. #13 by OrangRojak on Monday, 22 December 2008 - 3:58 pm

    Such an interesting topic…
    “Malaysia is a secular country with Islam as the official religion” – I see Article 3 of the Constitution (I’m looking at wikisource, as there’s STILL no gov.my source. The one linked from gov.my appears to be a BM translation at a private sector website. When did the constitution of Malaysia switch to one in BM? That must be an important date. I’d like to add the info to wikipedia, if anybody has it) – says “Islam is the religion of the Federation”, which is so vague, it could be interpreted ‘All for the road’s way, or the way Badruddin put it so memorably.

    Hasbullah Pit’s comment above is reminiscent of comments on USA blogs whenever ‘secular’ is mentioned. ‘Secular state’ means only that religion is not involved in making or applying the laws of the state. One of the most important laws in a secular state is usually ‘freedom of religion’, just as it is in Malaysia’s constitution. I’m fairly certain that the countries with the fastest-growing Muslim communities, enjoying the greatest freedoms and protection of law, will be secular states. Perhaps the recent USUK-led War On Beards (largely the result of Religious Conservatives, some say) has had a negative effect, but they’re not the only nominally secular states.

    Whatever Article 3 means, the only law that can possibly be as fair to Malaysia’s other citizens as it is to Malaysia’s Muslim citizens is a secular law. Even though Islamic apologists say “non-Muslims are provided for” in Islam, they are not in one important aspect: the law is no longer made by all the people, but a restricted-entry group.

    I think Jeffrey’s 2 options could admit a third: embrace PAS and say “we’re all Opposition, they’ve got their ideas, we’ve got ours. If we agreed on everything, we’d all be PKR!”. I’m convinced portraying PR as a choir all singing from the same hymn sheet is going to fool no one.

  14. #14 by Mr Smith on Monday, 22 December 2008 - 4:18 pm

    PAS is telling the Chinese in Terengganu that it does not need their votes in the coming by-elections. So be it. DAP should boycott the by-election and teach these religious bigots a lesson.
    Let us tell them, “You want Hudud then forget about our votes.”

  15. #15 by mifadzil on Monday, 22 December 2008 - 4:21 pm

    I don’t know why DAP is against to whatever policies that compliance to Muslim community. DAP want democracy to work fairly, why don’t we suggest referendum to all Malaysians to choose either they are against or not to Hudud and Qisas law for Muslim. Before apply this law, let the Islamic authorities to convey the right version of Hudud and Qisas to all Malaysia. No need for any politician to make any assumption. Get the feedback and do the referendum to decide. Let the majority to choose the Malaysia’s direction and make it final. No more politics on this anymore. Remember DAP is claiming to champion for all Malaysian including Muslim community. Just don’t think Muslims are not watching or hearing your point of views on this. Be open and listen before making any conclusion. Muslims are also need freedom to practice their true religious needs.

  16. #16 by dawsheng on Monday, 22 December 2008 - 4:26 pm

    wesuffer, it is not the hudud laws that we are scared of, is the men who implement the laws we should watch out for. Power corrupts and absolute power corrupts absolutely, what makes you think PAS will always remain holy? You chopped off a thief’s hand, you threw him in jail and you ask him to repent? Laws are made to seek fairness and justice, but fairness and justice cannot be found in laws, regardless of man made or god’s laws. Anyone who think that given more or stricter laws are the way forward to solve this country’s problems must be insane, on the contrary, more laws or stricter laws reflect how lawless a country can be or has become, in that sense, innocence people are the one who should be scared the most.

  17. #17 by Kelvenho on Monday, 22 December 2008 - 4:31 pm

    This stupid Datuk Husam Musa has fallen into the trap of this Khairy.
    Now I believe BN will have more bullets to shoot at PR and the PAS candidate in the KT by election. Looks like BN will have a better chance this time.

  18. #18 by greenlander on Monday, 22 December 2008 - 4:36 pm

    DAP no need response to such issue again….

    don’t fall into the trap of BN…..

  19. #19 by anakreformasi on Monday, 22 December 2008 - 4:47 pm

    Saya ada tinggalkan komen, saya harap Y.B. Lim Kit Siang dapat pamerkan…..

    HUDUD…..

    Adakah Y.B. Lim faham makna sebenar disebalik HUDUD tuh?

    Kami Ummat ISLAM wajib melaksanakan HUDUD tersebut!!!

    Kami tidak menghalang penganut non-Muslim makan babi walhal, agama kami melarang makan babi.

    Kami juga tidak pernah menghalang upacara perarakan kematian non-Muslim yang menyebabkan jalanraya jammed.

    Kami juga tidak pernah menghalang upacara menghalau hantu yang dilakukan oleh penganut non-Muslim, padahal ianya menganggu, kerana ada sesuatu dibakar di atas di jalan raya.

    Saya harap Y.B. Lim Kit Siang dapat memahami HUDUD ini….

    “Amar Makruf Nahi Mungkar’ maksudnya, menyuruh kearah kebaikan dan menghalang kemungkaran…….

    jadi, harap Y.B. Lim Kit Siang bangkit dengan semangat Demokrasi.

    sekian, terima kasih.

  20. #20 by OrangRojak on Monday, 22 December 2008 - 5:03 pm

    “why DAP is against … whatever policies [apply only to] Muslim community”
    Because, I presume, that they’re of the mind that one nation can only have one law. Having one law for one community, and another for everybody else is not fair. Not fair = more differences = more tension, forever and ever. And not all crimes are committed within communities. If a crime occurs between people of different communities, which community’s law should be applied?
    As for freedom to practice religion – what aspect of practice of Islam runs counter to secular law? Secular law guarantees freedom of religion, so long as the practice of religion does not interfere uninvited with another citizen’s rights. I see no reason why Malaysian Muslims should not practice Hudud, so long as it isn’t a means of evading penalties due under federal law, and so long as subjects of hudud law personally consent to the imposition of Hudud.
    I think the other parties in PR could easily agree to PAS championing federal Hudud-for-devout-Muslims, while maintaining it’s not “their cup of tea”. If there are never enough Malaysians to carry the vote, it’s a non-issue. If there are enough Malaysians to carry the vote, then I suspect there’ll be very long queues at KLIA.

  21. #21 by singma on Monday, 22 December 2008 - 5:43 pm

  22. #22 by Godfather on Monday, 22 December 2008 - 6:08 pm

    Kit:

    Which are the “media reports” you are referring to ? We all know what the mainstream press can do, so unless Husam is quoted in the Harakah, you should take whatever the agent provocateurs report with a pinch of salt. A rather large pinch of salt.

  23. #23 by mifadzil on Monday, 22 December 2008 - 6:24 pm

    Fairness does not mean that everyone need to use the same system. Fairness only you can feel when the person is treated according to the law that he feel confident. Let’s the referendum held and see who are voting in or out. Do not prejudge or make assumptions. Let’s the people decide what their say on this for once and for all. Otherwise, politicians will continue to fool around with assumption and ignorance views and heartening the related communities. DAP needs to study Hudud & Qisas and discuss with Muslims clerics and relevant authorities and not their secular lawyers only before making any assumption and ignorance statement. Without discussion, consultation and listening to Muslim communities about their feeling, feedback and expectation about their preference, DAP is just making mockery of democracy in this country. Please note that not all non-Muslims are against Hudud & Qisas for Muslims. Check your facts before decide anything.

  24. #24 by eloofk on Monday, 22 December 2008 - 7:16 pm

    Although i’m a chinese, if i have to vote in order to decide for a change of governance, i’ll still vote for PAS. This hudud laws doesnt scare me since i know that the laws are applicable only for our muslim friends as enshrined in the constitution written by our forefathers.

    Time and time again, BN has been playing up racial and religious issues to divide and rule, just for their selfish and corrupt ends.

    I hope chinese voters at KT are wise enough not to fall into the traps of BN in their forth-coming by-elections.

  25. #25 by juno on Monday, 22 December 2008 - 9:21 pm

    Though we need a secular outlook – we may not have to fear much because the only ones who have to worry about hudud laws is BN itself (Could be the reason why they demonize PAS to the overall public) . They for sure have to think twice about loosing their limbs..
    http://sjsandteam.wordpress.com/ The evil,.. men do..are.. they themselves.

  26. #26 by vsp on Monday, 22 December 2008 - 9:43 pm

    It seems that every now and then PAS loves to throw in a monkey wrench into the works and upset the whole applecart.

    During the height of the Reformasi movements the opposition parties agreed to use the reform slogan to topple the BN which PAS initially agreed. But as time went by PAS got its head too big because they reasoned that they have the most disciplined and effective teamwork among the Opposition at that time, which was true. So they slowly jettisoned the reformasi plank and hitched on to the Islamic rhetorics: hudud, segregation of women from society and other favourites at that time. When the election was held PAS was the most successful party among the Opposition in the number of seats garnered. The DAP was decimated with stalwarts such as Lim Kit Siang and Karpal Singh being ditched by the voters. Mahathir’s hinds was saved by the non-Malays inspite of many Malays that went to the Opposition.

    Next, immediately after the 2008 electoral tsunami, a group of PAS leaders led by Hadi Awang secretly made a pact with archenemy Tojo to topple the Pakatan government in Selangor. Fortunately, it was not successful. One of the utterances that was attributed to Hadi Awang was that it is better to have a bad Muslim leader to lead than for a good and honest non-Muslim leader to rule over the faithful. With this type of mentality from a top PAS leader I shudder to think if PAS can be a reliable partner at all.

    I hope that the non-Malays in the coming by-election would teach PAS for such loose and arrogant talk and vote against them. This will knock some senses into their thick skulls.

  27. #27 by vsp on Monday, 22 December 2008 - 10:12 pm

    …it is not the hudud laws that we are scared of, is the men who implement the laws we should watch out for. – dawsheng

    –––––––
    I totally agree. Remember all good intentions will turn bad when absolute power are given to man. Personally, I don’t have any problem with hudud, but…the problems is with man.

    The BN that was given absolute power to rule the country for half a century also have good intentions. They wanted to protect the country from all enemies and so the ISA, OSA, the University Acts, the Printing Act, the Police Act were all justified and the good citizens of Bolehland swallow these justifications hook, line and sinker. And what are the results? Journalist being arrested for her own protection and all types of nonsense.

    PAS must remember they are not angels. They are basically politicians and politicians usually change their tunes when absolute power are given to them. If PAS can swear on the koran that they are immune to such temptations, they should not be living in this bad, bad world of ours. They should have their address in heaven!

  28. #28 by greenlander on Tuesday, 23 December 2008 - 12:02 am

    I m a chinese…
    & i m totally setuju dgn pendapat “anakreformasi” …

    kita mesti sanjungi kelakuan yg baik dan hapuskan yg buruk,
    tak kira buddhist , christian atau islam….

    still not understand why non-muslim ….so scare of hudud law??????

  29. #29 by anakreformasi on Tuesday, 23 December 2008 - 2:27 am

    Terima kasih greenlander….

    Yups, setiap agama tidak suka akan perkara-perkara yang mungkar……

    diharap non-Muslim pun tidak menghalang Orang Islam menjalankan kewajipan terhadap agamanya……

    – Adios.

  30. #30 by veddy.lum74 on Tuesday, 23 December 2008 - 9:24 am

    dont be so simple minded dat hukum hudud has nothing to do with non-malays!!!

    see the way muslims destroying temples,banning pig farms and their hidden agenda to close 4-digits guessing games,casino,liquor stores,haram markets,haram foodcourts,sekolah rendah jenis kebangsaan primary schools and so on……

    As what i have mentioned so many times,they will close one eye on issues such as corruption,mat rempit,snatching,criticising non-malays,bias policies,ethnic quotas,licenses,illegal mamak and malay hawkers scattered everywhere…….

    now,while muslims population is at 65%,maybe they will tolerate in certain extend,when it becomes 80%,85% or 90%,do you think you still have a ‘say’ in every issues?

    dun be so dumb n stupid to say dat hudud laws has nothing to do with us!

  31. #31 by veddy.lum74 on Tuesday, 23 December 2008 - 9:35 am

    see how our PDRM put these business in their palm:disco,massage parlour,hotel spa,underground 4-digits,football betting game,boggie,dadah trafficking,car robbing syndicate,’korek dan menang’ syndicate,blablabla……

    i will guarantee you dat they will never want to completely terminating these businesses because of huge rewards(corruptions) they are going to get right?

  32. #32 by ayasofea on Wednesday, 31 December 2008 - 12:57 pm

    Brother Lim,
    Tiada paksaan dalam agama kami Islam. Saya menyeru Brother Lim kepada Islam dengan cara menyembah kepada Tuhan yang satu iaitu Allah maksudnya di sini mengeluarkan segala kebesaran makhluk dan harta benda dalam diri Brother Lim dan memasukkan kebesaran Allah. Juga memperakui bahawa Nabi Muhammad s.a.w itu adalah pesuruh Allah yang diutuskan untuk seluruh umat manusia. Walaubagaimanapun TIADA paksaan untuk brother Lim menerima Islam. Begitu juga halnya TIADA paksaan untuk Brother Lim menerima hudud, kerana brother Lim tidak islam. Hudud ni untuk mereka yang bersalah sahaja kenapa pula Brother Lim nak kecoh-kecoh lain la kalo brother Lim Islam dan buat salah.
    Sebagaimana Allah perentahkan sembahyang, puasa, zakat dll dalam kitab suci kami Al-Quran, begitu jualah Allah perentahkan agar kami melaksanakan hukum hudud ini didalm KITAB yang sama. Antara rukun iman kami sebagai orang islam adalah beriman kepada Kitab Al-Quran, Injil, Taurat dan Zabur (3 yang terakhir mestilah dari kitab yg asal). Mana munkin kami mengakui kami beriman tetapi hanya mengambil perentah sembahyang tetapi menolak hudud. Jadi harap Brother Lim faham. Pernah ke kami mempertikaikan ajaran kaum lain. Pasti tidak kerana dalam kitab kami mengatakakan Untuk kami agama kami, untuk kamu agama kamu. Sekian

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