Dec 24, 2008

I Support Hudud Law!

Hudud is the word often used in Islamic literature for the bounds of acceptable behaviour and the punishments for serious crimes. In Islamic law or Sharia, hudud usually refers to the class of punishments that are fixed for certain crimes that are considered to be "claims of God." They include theft, fornication, consumption of alcohol.

Hudud offenses are one of four different kinds in Islamic Penal Law:
  • Qisas - meaning retaliation, and following the biblical principle of "an eye for an eye.
  • "Diyya - compensation paid to the heirs of a victim. In Arabic the word means both blood money and ransom.
  • hudud - fixed punishments
  • Tazir - punishment, usually corporal, administered at the discretion of the judge

Hudud offenses are defined as "claims of God," and therefore the sovereign was held to have a responsibility to punish them. All other offenses were defined as "claims of [His] servants," and responsibility for prosecution rested on the victim. This includes murder, which was treated as a private dispute between the murderer and the victim's heirs. The heirs had the right to compensation and to demand execution of the murderer, but they could also choose to forgive.

Hudud offenses include:

  • Drinking alcohol
  • Theft
  • Highway robbery
  • Illegal sexual intercourse/zina
  • False accusation of zina
  • Rebellion against the rule
  • Apostasy includes blasphemy. (Unlike the five offenses listed above, not all jurists consider apostasy to be a hudud offense).

The punishments vary according to the status of the offender - Muslims generally receive harsher punishments than non-Muslims, free people receive harsher punishments than slaves, and in the case of zina', married people receive harsher punishments than unmarried.

In brief, the punishments include:
  • Capital punishments - by sword/crucifixion (for highway robbery with homicide), by stoning (for zina' when the offenders are mature, married Muslims)
  • Amputation of hands or feet (for theft and highway robbery without homicide)
  • Flogging with a varying number of strokes (for drinking, zina' when the offenders are unmarried or not Muslims, and false accusations of zina')
Only eye-witness testimony and confession were admitted. For eye-witness testimony, the number of witnesses required was doubled from Islamic law's usual standard of two to four. Moreover, only the testimony of free adult Muslim males was acceptable (in non-hudud cases the testimony of women, non-Muslims and slaves could be admitted in certain circumstances).

A confession had to be repeated four times, the confessor had to be in a healthy state of mind, and he or she could retract the confession at any point before punishment. However, while these standards of proof made hudud punishments very difficult to apply in practice, an offender could still be sentenced to corporal punishment at the discretion of the judge, if he or she was found guilty but the standards of proof required for hudud punishments could not be met.

Malaysia with the rising crime in society and immoral behavior of youngsters must look forward to implement Hudud law. I think no one fear of Hudud if he or she doesn’t break the law. Those who fear on Hudud law consider as fear on truth and justice.


Topengperak_Xinwugi® said...

Sir... personally, i salute you for your understanding of Hudud & Qisas.

Tak ramai bukan Islam yang punya pemahaman tentang Hukum Hudud dan Qisas seperti anda.

Bagi yang faham, akan jadi seperti anda. tidak takut akan hukuman kerana hukuman hanya untuk orang-orang yang terbukti bersalah.

A Salute for you...

Anonymous said...

i suppot you!

ken said...

I don't afraid with hudud but honestly i feel no confident with this. I respect Muslim and Islam but i afraid i have to reject Hudud. I search 'hudud' in internet, so i knew one country in Africa they exploit hudud for personal agenda, the law failed to protect the poor, esp in raping. How sure u can get 4 witnesses? some more must be male Muslim, if the victim fail to do that, she will be punish under qazaf. As what u said, Malaysia criminal rate was growing, as well as raping. As we all know that is not easy to catch the rapist, so dun even talk on how to get 4 witnesses. I can read some of the articles, esp from women Muslim like Sisters in Islam about the laws.

I know less in Hudud, but some terms like "Avert the hudud from being inflicted as much as you can, and whenever you find a way for a release go through it, since it is better for one who rules to make a mistake in acquitting, than to make it in punishment". Can u accept this?

I knew Hudud punishment is not strict to non Muslim so no reason for non Muslim to keep muttering. But can u point out which country can be bloom with hudud law, Pakistan? Iran? Don't forgot we still very dependent. Imagine if all foreign investment move out from Malaysia, what going to happen?

I talk to some of PAS members, they so happy with my questioning. Reckoned up their sharing, one of the point that they support Hudud because 'Common Law' is white man law. It makes me a bit disappointed in the conversation, but still happy to know more about Muslim view points. To avoid any unhappiness ending, else i will tell them, as the word common, it can based on own custom to develop the law, even the communism country.

Don't make me wrong, i don't have any intention to humiliate or hurt any one. Just for sharing....

Anonymous said...

Information on Hudud & Qisas were wrongly informed by some bloggers and even some Muslims. Thanks for highlighting. Some Muslims should be shameful for propaganda negatively on Hudud & Qisas. Hudud & Qisas are part of the Islamic measures to wipe crimes and social imbalance. Some people just don't want to learn and understand.

DR NO said...

I agreed with the implementation of hudud law. In fact during the japanese occupation the japanese in a way has introduced the hudud law. There is no crime during their years of occupation. Infact how are we going to implement the hudud law when our law enforcers like the police force is corrupted,
any body can be a victim of blind justice.

otto said...

those people who understand about hudud will surely supprt hudud law,because hudud law is the most perfect law that keep people safety and feel peace.

why i say hudud law is the most perfect law?the answer is hudud law is said in the Quran,everything it said is true.

and i agree with u,no one fear of Hudud if anyone doesn’t break the law. Those who fear on Hudud law consider as fear on truth and justice.

Anonymous said...

hello my dear brother, as a malaysian, youth and a muslim, i am very proud of you trying to understand the fundamental of hudud, and support it.

its very my honour to be a friend of yours.
to ken`s comment = yes hudud need 4 witnesses to ensure the accusation is true.the hudud is flawless but then tarnished by human itself. unlike in some states in Africa, our Malaysia is blessed with science technology, i was a biology student in UKM, and its not a bizarre event to apply forensic and DNA technology to find the raper.this, is a bit confounding and need the involvement of many professionals, ulama ( religous person) and those connected to law, psichology etc.

hope that will help you to understand better about hudud.

regards, fitri.

Satish said...

As long as hudud law is not imposed on non-muslims..

& normal law is not abolished..

I'm fine with it.

Anonymous said...

hey friend are u trying to get me killed ? Haha ...

I love my girlfriend so much and it is known fact that i had sex regularly with her. Based on my morality - I see being together with someone of course with the female permission it is almost the same to marrying her. The difference between being with her and marrying her is just separated with akad nikah.

But the thing is, i will be punished 99 strokes and later killed for having a relationship with her and on the other hand marrying her is one of the greatest thing that can happen . Do u see where am I going ?

There's another thing ... I am also as a normal human typical human has many curiosity and questions. And when it comes to Islam - i see the urges the question them and later i realize most ppl are revoted to the religion due to fear rather then faith. I see their believe as no basis just blind faith which currently i dont agree too. The thing is admitting that u disagree with the teachings of islam will result the person becoming and apostate and the punishment is death.

I think i am a great guy, i dont lie for my personal purposes, i dont steal, i dont harm others, i am doing very well with my studies, i dont backstab ppl ... i have problem with Islam cos i think its a big pile of bullshit or the actual religion are not being practiced here anymore. But based on hudud I should be punished and if hudud are implemented i will give myself in - i will admit I am an apostate, i had sex many time with my gf cos i dont see that as a big deal.

Come on friend, just because this dont affect u - u dont really care about it ? Exactly when chinese community are in trouble and the indians keep quiet cos it doesnt bother them and when indian temple broken down the malays keep quiet cos its not their problem ....

See this implementation of hudud to the malaysians. Do u still think hudud is just. Not only the doctrain of hudud is still not clear. Different place use different punishment for the same sin .... How about malaysia with diffusion of many culture. Arab countries are all muslims .. have u thought about it, this implementations are just gonna massacre current judicial body which i am pretty sure those ppl who commented before arent aware.

I support to build BANGSA MALAYSIA .. but implementation of hudud law in malaysia will just ruin this country which already under severe destruction by the ppl itself. Imagine having most educated/rich leaving malaysia - the country are losing quality ppl !!!

nn said...

only people who wants to/had already commited crime (as in hudud law) is afraid of hudud. such as this anon. wth? gilaa ka? stupid also. Arab people is not all muslims, btw.