{"id":31860,"date":"2015-03-31T21:45:40","date_gmt":"2015-03-31T13:45:40","guid":{"rendered":"http:\/\/www.buletinonline.net\/v7\/?p=31860"},"modified":"2015-03-31T22:16:19","modified_gmt":"2015-03-31T14:16:19","slug":"an-open-letter-to-all-muslims-the-misconstrued-hudud-issue","status":"publish","type":"post","link":"https:\/\/buletinonlines.net\/v7\/index.php\/an-open-letter-to-all-muslims-the-misconstrued-hudud-issue\/","title":{"rendered":"An Open Letter To All Muslims; ‘The Misconstrued Hudud Issue’"},"content":{"rendered":"

There are amongst Muslims who are giving explanations for their personal rejection regarding the Criminal Law by using terminologies related to Islamic Law. Terms raised are \u201cSiyasah Syari\u2019yyah\u201d, \u201cMaqasid Syari\u2019ah\u201d, \u201cFiqh Aulawiyyat\u201d, \u201cMaslahah\u201d and several others.<\/p>\n

In discussing such a heavy topic as this, it is highly inappropriate for us to imitate a parrot capable to only mimic words taught by its keeper, whilst still retaining status as an animal devoid of logic unable to comprehend \u201chakikat\u201d or \u201ctasawwur\u201d from the words spoken. Thus it is crucial to elaborate on meanings based upon knowledge sourced from the al-Quran and as-Sunnah.<\/p>\n

\u201cHudud\u201d is drawn from a multitude of Criminal Laws which are extensive and encompassing. It was possibly selected as an argument to reject \u201cSyari\u2019at\u201d. Choosing to be ignorant of details and objectives, they consider Hudud the most befitting target as reflected in their brutal opinions. While remaining unaware of how violent man-made laws that they take pride in, such as the archaic death sentences : hanging by strangulation, likewise the whipping sentence which is more of torture minus the impact of educating the community.<\/p>\n

This clarification is specific for believers of Islam who are ignorant beyond pardon ; as having beliefs without knowledge and wisdom of one\u2019s own religion, added by total lack of concern in crossing the boundaries of \u201ciman\u201d and \u201ckufur\u201d which are mandatory knowledge to be preserved through \u201cFardhu \u2018Ain\u201d.<\/p>\n

In page 102 of his book [\u2026\u2026\u2026\"buku1\"<\/a>\u2026], Dr Yusuf Qardawi stated : There are three \u201cmadrasah\u201d (opinions) when facing current issues :<\/p>\n

1- Those whom strictly adhere to the physical \u201cnas jui\u2019l\u201d without \u201cijtihad\u201d interpretations or renderings through Siyasah Sya\u2019riyyah, Usul and Maqasid.
\n2- Those whom abuse the Siyasah Sya\u2019riyyah, Usul and Maqasid to the point of excluding clearly indicated \u201cnas\u201d.
\n3- Those whom incorporate both aspects which are essential in Islamic Law.<\/p>\n

Physical \u201cNas\u201d are recorded Ilmu Allah or Allah\u2019s decrees from the al-Quran or sermons of Holy Prophet Muhammad (PBUH). However aside from the physical \u201cnas\u201d is leeway for \u201cijtihad\u201d amongst the religious leaders to implement Syariat Islam in a wise and just manner, and not to abandon Syariat Allah with excuses to the extend of replacing with man-made laws which they consider to be better.<\/p>\n

1- Siyasah Syari\u2019yyah<\/p>\n

The term \u201csiyasah\u201d is derived from the Arabic language which means to administer, manage and drive or lead that is currently mentioned with the words politics or administration or guidance. Also attached to the term Syara\u2019 which gives meaning related to implementation of Syariat Islamic Laws according to schedule, execution and management, and not to abandon Islamic Laws to be replaced by another.<\/p>\n

(Please refer to detailed elaborations in the scriptures of Ahkam Sultaniyyah by al-Mawardi and Ghiath by Imam Haramain of Mazhab Syafei; al-Sair al-Kabir of Mazhab Hanafi; Siyasah Syari\u2019yyah Ibnu Taimiyyah dan Turuq Hukmiyyah Ibnu Qayyim of Mazhab Hambali and Muqaddimah Ibnu Khaldun of Mazhab Maliki).<\/p>\n

The stress is on implementing Syariat the correct way, and not to abandon Syariat Allah by replacing it with other laws.<\/p>\n

2- Maqasid Syari\u2019ah<\/p>\n

\u201cMaqasid\u201d means intentions, that is the intention for implementation of Syariat. The objective is ways to attain goals through delivering the goodness of maslahat to mankind in general and specifically in a just and istiqamah manner, and to reject harm. There are goals here stated by Syara\u2019 and others not mentioned whereby Allah has given allowance to adhere according to man\u2019s logic and knowledge.<\/p>\n

(To them familiar with the Arabic language, kindly refer to two Ilmu Maqasi experts : Al Syatibi : Al Muwafaqat : Book:2, page 391. Ibnu \u2018Asyur : page 19).<\/p>\n

As an example, when Khalifah Umar R.A. did not execute a thief with the limb amputation punishment during years of economic recession due to severe droughts, it was not in abandoning Hudud, but judging by the effects of insufficient income that forced a person to resort to crime. Thus, implementation of the limb amputation punishment is \u201charam\u201d, as stated by the Hadith of Prophet Muhammad (PBUH) : \u201cHudud<\/span> punishments<\/span> are rejected<\/span> (<\/span>because the<\/span> syubuhat<\/span> )“<\/span><\/span><\/p>\n

Non-compliance of the Hudud punishment does not mean total exoneration. But it is to be deferred to Hukuman Takzir that is included in Syariat Islam. Hudud punishment cannot be executed as it does not fulfill the terms to educate the community in a just manner according to limitations. The harm due to an economic recession befalling a criminal is far greater. On the other hand, if the criminal were of a high income punishment would have been meted out.<\/p>\n

Maqasid Syari\u2019ah does not mean canceling out implementation of Hudud Laws. Maqasid Syari\u2019ah in this context means punishment cannot be executed as it denies a just action that is a goal of Syariat. If punishment were to have been executed, it means we have not implemented Syariat due to failure in attaining its goal. Total abandonment of the Syariat absolves all Maqasid.<\/p>\n

Another example is allowing the use of kalimah Allah by non-Muslim believers at the initial stage despite being wrong according to our interpretation, however if the goal for the use is to mislead ignorant Muslims, therefore the relevant religious authorities have every right to prevent it. This is according to Qaedah\u2026(\"kaedah1\"<\/a>) (All the<\/span> items<\/span> visible<\/span> also<\/span> to<\/span> the goal<\/span><\/span>)<\/p>\n

3- Fiqh Aulawiyyat<\/p>\n

Means to observe priorities according to Fiqh (to understand according to Syariat guidelines).
\nAn example is, Islam places Man\u2019s fundamental life principles as is to preserve 1) Religious beliefs, 2) Life, 3) Mind\/Logic, 4) Ancestry and 5) Possesions\/Wealth.<\/p>\n

An example, Hudud punishment is not executed towards hungry thieves as preservation of Life supersedes preservation of possessions\/wealth. Hudud punishment is suspended during time of war to prevent criminals from running to the enemy, as safety of the nation is above all. This does not mean that a criminal has been acquitted, but deferred to ‘Takzir’ penalties.<\/p>\n

Non-Muslims are to be exempted in the initial stage as the concept of dakwah without force in the religion is more Aulawiyyat.<\/p>\n

Another example is the possession of land to build hospitals or highways is permissible due to general benefits ought to precede individual or minority benefits, and it has to be compensated in a just manner.<\/p>\n

4- Maslahah<\/p>\n

\u201cMaslahah\u201d gives meaning as goals toward goodness. Be it to gain benefits or to reject harm.
\nUlamas have placed the Maslahats into three divisions :<\/p>\n

i- Maslahah Mu\u2019atarabah
\nAre in matters decreed by Allah The All Knowing and Beneficient to His creations. Thus there are compulsory and others which are prohibited. Thus hold the belief that all which are deemed compulsory will bring worldly benefits and to the hereafter. And all prohibitions will only result in self-harm or to the community.
\nAn example is the compulsory fasting during Ramadhan for the capable and prohibition of intoxicants\/alcohol and gambling. Such are the decrees of Allah SWT.<\/p>\n

ii- Maslahah Mulghah
\nIn matters that have been prohibited as the harm is greater without providing any benefits.
\nAn example, someone who steals or robs or supplies drugs with the maslahat of collecting funds for charity or family provisions. This maslahat is revoked as the harm is so great until canceling out all benefits.<\/p>\n

iii- Maslahah Mursolah or Masoleh Mursalah
\nIn matters housed in the al-Quran and Hadith thus room is expansive to Mankind throughout time. Implementation of the Syariat is a Maslahat decreed by Allah The All Knowing and Merciful to His creations.<\/p>\n

The Issue of Syariah Criminal Code Enactment (KJS) State of Kelantan.<\/strong><\/p>\n

The issue of Syariat Criminal Laws became hot debate with the arrival of colonisers when they abolished it. Following which it became points of contention amongst Muslim believers due to religious ignorance and approach, to the extent of apostasy charges within communities as a result of ignorance in Hukum and dakwah approaches.<\/p>\n

With order being restored, PAS took the step forward in claiming victory in Kelantan, followed by Terengganu in a learned and democratic way.<\/p>\n

The first step was in the setting up of teams from the Party and the government. This team involved the Ketua Dewan Ulama and Ahli Majlis Syura Ulama, Tun Saleh Abas (Former Chief Justice of Malaysia), al-Marhum Prof Ahmad Ibrahim one of the founders of IIU (former PAS Central Committee Member in the fifties who is a Singaporean and the former first Attorney General of Singapore), al-Marhum Dr Mahmud Saedon Awang Osman from IIU and Syariah Expert from Brunei Darussalam, al-Marhum Datuk Abdul Halim Muhammad former Law Advisor for the State of Kelantan and Kelantan State EXCO member, and Datuk Daud Mohamad the Grand Kadi for State of Kelantan.<\/p>\n

Prior to the Enactment being brought before Dewan Undangan Negeri (DUN) Kelantan, it was first tabled to the public in various forums – seminars and dialogues. The Enactment was finally brought before DUN Kelantan in 1993 and DUN Terengganu in 2000. Whereby Kelantan strengthened it by holding seminars and celebrations related to it annually.<\/p>\n

And now after more than 20 years (twenty years) of PAS introducing this Enactment, besides implementing community educating processes related to KJS, dialogues and such, thus PAS would like to move a step further in educating the community to be familiarised with the overall Syariat Islamic Laws. The result now has been voices taunting Islamic Laws has been lessening by the day.<\/p>\n

Thus with what little available space, the KJS Enactment has endured several changes to streamline it by taking into consideration the challenges in The Constitution and a diverse community, without force, and for Muslims only after taking heed of the opinions of ulamas from all Mazhabs and a successful implementation history for all time.<\/p>\n

At the same time, what is intended for proposal and that will be brought by PAS under the Private Members Bill will not be a Hudud Bill, but changes in the Syariah Court Act to provide leeway to enable one or two Syariah aspects to be implemented towards only believers of Islam.<\/p>\n

We are creatures of knowledge, who are civilised and mature. Thus do hear us out first in what is intended to be proposed. Please refrain from reacting in such negative ways in giving criticisms without having prior knowledge of the beginning and ending.<\/p>\n

\"al-maidah\"<\/a><\/p>\n

“And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you. And if they turn away – then know that Allah only intends to afflict them with some of their [own] sins. And indeed, many among the people are defiantly disobedient. (49) Then is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith].(50)<\/p>\n

ABDUL HADI AWANG
\nPAS PRESIDENT<\/p>\n

[Thanks to Sis Azuidah Abdul Aziz for the translation]<\/p>\n","protected":false},"excerpt":{"rendered":"

There are amongst Muslims who are giving explanations for their personal rejection regarding the Criminal Law by using terminologies related to Islamic Law. Terms raised are \u201cSiyasah Syari\u2019yyah\u201d, \u201cMaqasid Syari\u2019ah\u201d, \u201cFiqh Aulawiyyat\u201d, \u201cMaslahah\u201d and several others. In discussing such a heavy topic as this, it is highly inappropriate for us to imitate a parrot capable […]<\/p>\n","protected":false},"author":1,"featured_media":31463,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40],"tags":[],"better_featured_image":{"id":31463,"alt_text":"","caption":"","description":"","media_type":"image","media_details":{"width":2564,"height":1608,"file":"2015\/03\/DSC0261-2.jpg","filesize":520878,"sizes":{},"image_meta":{"aperture":"3.5","credit":"","camera":"NIKON D90","caption":"","created_timestamp":"1426847558","copyright":"","focal_length":"200","iso":"320","shutter_speed":"0.0125","title":"","orientation":"1","keywords":[]}},"post":31462,"source_url":"https:\/\/buletinonlines.net\/v7\/wp-content\/uploads\/2015\/03\/DSC0261-2.jpg"},"_links":{"self":[{"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/posts\/31860"}],"collection":[{"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/comments?post=31860"}],"version-history":[{"count":0,"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/posts\/31860\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/media\/31463"}],"wp:attachment":[{"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/media?parent=31860"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/categories?post=31860"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buletinonlines.net\/v7\/index.php\/wp-json\/wp\/v2\/tags?post=31860"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}