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Pas to call for hudud, qisas if merger happens PDF Print E-mail
Thursday, 31 July 2008 08:36am

Pas to call for hudud, qisas if merger happens©New Straits Times (Used by permission)

KOTA BARU: Pas will propose the implementation of hudud and qisas if the proposed Pas-Umno merger materialises.

Speaking after launching a building fund for the Baraah mosque, here yesterday, Pas spiritual leader Datuk Nik Abdul Aziz Nik Mat said the proposal was in line with Islamic principles and could be implemented if both parties, which are currently having discussions on Malay and Muslim issues, agreed to form a new political entity.

In Islamic law (syariah), hudud refers to mandatory corporal punishments for certain crimes, including theft, robbery, illicit sex, alcohol consumption and apostasy.

Qisas (law of retaliation) refers to offences that involve bodily injury or loss of life. The punishment for these offences is death or imprisonment, but compensation in the form of money or property is accepted if the victim's guardian forgives the offender.

Nik Aziz, who is also menteri besar, said in the muqabalah spirit between Pas and Umno, any new political entity must be based on Islam, including implementing hudud.

"What worries me is that if the pact materialises, there'll be people trying to sabotage it by putting up a candidate who is against the proposal."

He said all quarters, including Malays, Chinese and Indians should hold discussions and give their views towards better understanding of Islam.

However, he said what was important was ensuring the success of the Pas-Umno dialogue before discussing the future of the Muslim community.

In Putrajaya, Information Minister Datuk Ahmad Shabery Cheek said Nik Aziz's suggestion could be an excuse not to continue with the muqabalah.

"It is just a proposal by one leader and we should not take it as a final decision but I wonder what is the intention of raising hudud?

"Does Pas want to talk to Umno honestly or not? If one is not sincere, one can come up with a hundred excuses.

"If hudud is a condition Pas wants to set in order to continue with the talks, why do they only set conditions when talking to Umno but not with their Pakatan Rakyat partners?" Ahmad Shabery, who is also Kemaman Umno division deputy head, said.

He also questioned whether DAP had a "secret pact" with Pas on accepting hudud, since DAP had previously stated its objection to the proposal.

Ahmad Shabery said the issue of Pas re-joining Umno was not on the cards as the talks were about Malay unity.

Comments (7)Add Comment
TALKS WILL LEAD NOWHERE
written by Stephen Tan Ban Cheng, Thursday, July 31 2008 06:14 pm

The Umno-Pas talks will continue but will lead to nowhere because the issues to be resolved are insurmountable.

Someday, I will tell all where I got this from. Meanwhile, just enjoy the roller-coaster ride.

Stephen Tan Ban Cheng

The end of our profession?
written by Tan Chun Ming, Thursday, July 31 2008 06:47 pm

Then we will be out of job as we cannot practise Syariah Law?

God save our profession... smilies/grin.gif

Tan Chun Ming

The end of our profession
written by Mohd Yazid Bin Zul Kepli, Thursday, July 31 2008 07:56 pm

Just for clarification, under Islam, Syariah Law will not be enforced towards non-Muslim because Syariah Law acknowledges non-Muslim's rights. For example, Muslim is generally prohibited from drinking liquor and penalty is prescribed under Syariah Law for Muslim who do. However, Syariah Law does not prohibit non-Muslim from drinking liquor. I request all Muslim to stop confusing non-Muslim by giving bad perception and wrong idea about Syariah Law.

I am certain lawyers will not be out of job.

Mohd Yazid Bin Zul kepli

Ouch...that hurts!
written by Muhammad Umar bin Abdul Razak, Thursday, July 31 2008 08:52 pm

"Then we will be out of job as we cannot practise Syariah Law?

God save our profession..."

I find that statement really hurts.

Muhammad Umar bin Abdul Razak

Should there be any passion in this issue...
written by Tan Chun Ming, Thursday, July 31 2008 10:09 pm

In regards to my previous statement, I was referring to the application on criminal matters that involved Islamic Penal Law.

Does Hudud and Qisas apply to Muslim and non-Muslim or non-Muslim may elect during the time of Caliph?

Can non-Muslim practise in Malaysia in respect of Islamic Penal Law, should Hudud, Qisas, Tazir and Diyya be enforced?

Correct me if I am wrong, but isn't most states in Malaysia listed Muslim as a criteria to be qualified as a peguam syarie?

In a zina/adultery issue which involved one non-Muslim and one Muslim, what penalty and legal representation for the non-Muslim?

My previous statement is not meant to hurt anyone but just an expression of concern which inevitably subject to interpretation.

I stand to be corrected and I apologize for any unintended offence to my brothers and sisters.

Tan Chun Ming

Nik Aziz, veteran politician at his best
written by Syahredzan Bin Johan, Thursday, July 31 2008 11:25 pm

In my humble opinion, it's another 'spinball' thrown by the Tuan Guru at Pak Lah and UMNO over the whole merger/muzakarah/muqabalah issue.

So Pak Lah and UMNO wants to co-operate with PAS 'for the sake of Malays and Islam'? Fine, here's the conditions, as laid down by the wise Tuan Guru:

1. Dissolve UMNO and PAS
2. Create a new party based on Islam (effectively, a 'neo-PAS)
3. Implement hudud laws

Put money where your mouth is and don't simply resort to empty rhetoric about Islam and the Malays.

He very well knows that UMNO will never agree to dissolving the party. Nor will they agree to the implementation of hudud and qisas.

Nik Aziz is simply calling Pak Lah's bluff over the whole issue.

To read what he said further, go to
http://www.harakahdaily.net/index.php?option=com_content&task=view&id=16092&Itemid=1

Syahredzan Bin Johan

Hope the answer will help
written by Mohd Yazid Bin Zul Kepli, Thursday, August 07 2008 11:35 pm

Does Hudud and Qisas apply to Muslim and non-Muslim or non-Muslim may elect during the time of Caliph?

1 ) hudud and qisas will not be enforced against the non-Muslim.

Non-Muslim are free to practise their religion and law

2 ) Caliph is not necessarily elected by any specific method. He may be elected by the people, or by a council or by other method. It depends on the situation of the country. However, there is no prohibition whatsoever that prohibit non-Muslim for participating in the election. Instead, the religion call for fairness which means that no voice should be discriminated.

Can non-Muslim practise in Malaysia in respect of Islamic Penal Law, should Hudud, Qisas, Tazir and Diyya be enforced?

Tazir is already enforced. Tazir refer to laws beside hudud and qisas. The fact that certain state allow non-Muslim to become Syarie lawyer show that there is no such prohibition in the religion .

Correct me if I am wrong, but isn't most states in Malaysia listed Muslim as a criteria to be qualified as a peguam syarie?

Most doesn't mean all. If it is prohibited in Islam, all state will prohibit it. If there is formal request, the state will reconsider the criteria. Its more on mere formality.

In a zina/adultery issue which involved one non-Muslim and one Muslim, what penalty and legal representation for the non-Muslim?

The punishment for zina for the Muslim is clear. For the non-Muslim, he or she will not be punished with hudud. This refer to whipping (kindly take note that the whip must not be hard, must not cause injury and must not be raised high) and for married people, stoning.

for the non-Muslim, the state is given the authority to prescribed suitable penalty for assisting a crime. For example, drinking liqor is not wrong for non-Muslim. However, punishment can be prescribed for non-Muslim who knowingly sell liqor to Muslim, if the state find it suit to do so.

Mohd yazid Bin Zul Kepli


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