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Not less Islamic without Hudud: Jakim
Published on: Saturday, April 25, 2015
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Kuala Lumpur: Malaysia would not be any less Islamic even if the country does not carry out hudud, federal Islamic authority Jakim said Friday, pointing out that Putrajaya already has in place other laws that observe the religion's Shariah demands. Jakim Director Datuk Othman Mustapha said it was wrong for some parties to suggest that the absence of hudud laws in Malaysia meant the country was not fulfilling its Islamic obligations as asserted by some local Islamists, including those from opposition party PAS.

"It is wrong to say that," Othman told reporters here when queried on the matter.

"Just because there is no hudud doesn't mean we are less Islam. We have other laws in place like ta'azir which is under current (Shariah) laws, which proves we have complied with Islamic teachings," he added.

Ta'azir offences include slander and perjury, which are outlined in Malaysia's Shariah laws.

PAS leaders, including its President Datuk Seri Abdul Hadi Awang and Islamist activists, have repeatedly tried to label Muslims who oppose the party's hudud plans as "munafik" or fake Muslims in what critics have described as an attempt to silence the debate on the issue.

Their insistence that the hudud PAS plans to introduce in Kelantan is "divine" comes despite opposing views by renowned scholars and Islamic jurists that the Islamic penal law was no longer suitable for modern society.

Locally, respected clerics like Perlis Mufti Datuk Asri Zainul Abidin said while PAS must be commended for its effort, the viability of Kelantan's Shariah Criminal Code 1994 must be scrutinised by experts worldwide before it is pushed through.

He also suggested that the current environment — the absence of genuine social justice — makes it least conducive to implement the law.

This view was echoed before by respected scholars like Yusuf Al-Qaradawi, former Al-Azhar grand mufti Sheikh Ali Gomaah and renowned jurist and former professor of Islamic law with the International Islamic University Malaysia Mohamad Hashim Kamali.

Kelantan's State Assembly approved the Shariah Criminal Code (II) (1993) 2015 Enactment last month with 31 votes from PAS lawmakers, supported by 12 from Umno.

However, in order to enforce the amended state Shariah criminal laws, PAS-led Kelantan needs bipartisan support from Umno and other federal lawmakers in the Dewan Rakyat to amend federal laws.





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