Saturday, July 13, 2013

Hudud in Malaysia - Yea or Nay.


In the past few years, one of the most observed and debated ideas that arose from the Malaysian political system is the implementation of Hudud. For those who lack the understanding of said matter, quite simply, it is the subset of Shari'a law which deals with theft, extra-marital sexual intercourse, imbibement of alcohol and apostasy.

Now, it will be unrealistic for me to explain each and every one of them considering that I do not regard my knowledge on the matter to be satisfactory. However, I would like to talk about the implication of introducing this law in Malaysia; if not in depth, then at least in a more general sense.

Every once in awhile, we'll have a politician bring up the topic of Hudud. It has become something of a political game; on one hand you have a party using it as a cheap scare tactic and on the other, someone is trying to explain (Rather badly) what Hudud really is. I will attempt to do neither.

Personally, I believe that Hudud is beneficial. I really do and I believe this is based upon the fact that it is an extremely austere law. However, time and time again, it has been proven that what looks good in theory seldom (If ever) manifest itself with the same success on a practical level.

Let us put aside any association with religion for this matter. Let us look at it from a purely academic point of view.

The implementation of Hudud will no doubt create a lesser criminal laden society. Logically, if I were to put myself in the shoes of a criminal, I will be more hesitant to break the law considering I might lose my hands permanently. As a married man, I will ponder upon the consequences of being caught cheating and so on. At the end of the day, we'll have law abiding citizens that may have a higher sense of moral fibre.

However, is this the society that we want to live in? Excuse me for being blatant but to my understanding, this society is one that is controlled by fear. Now, I know that many are sighing and perhaps even laughing at my train of thought. So what if they are afraid, at least we'll be safe. There won't be theft. Spouses won't be cheating on each other. A lot less drunken mad men. It's a necessary evil, you might argue.

Perhaps it is but I stand by my argument that it is not a healthy society. Yes, there will be less crime but for how long? The way I see it, implementing the law is akin to applying makeup on a skin abscess. Superficially, it looks perfectly fine but underneath, the abscess still grows and eventually, it will rupture.

We, as humans, adapt to our surroundings. It is foolish to believe that criminals will not find a way to bypass this system eventually. In theory, those who are concerned with carrying out the fine details of the law are incorruptible people. In the real world, however, it is impossible to guarantee. These small loopholes will definitely be utilised by those who have much to gain from it.

Imagine the hellish consequence if Hudud is used as a puppet by people in power. Can one really ignore this fact? We are not talking about imprisonment, what we're dealing with here are lives. In the wrong hands, it will be devastating. From a system that is used to ensure the safety of people, it will be transformed into a weapon.

We all want a safer community and a society that upholds morals and ethics. I just cannot accept that the only way for us to achieve that is by force. By instilling fear. That is hardly the way.

It's nice to think that if I'm not a criminal, I won't be affected. Again, in theory, that is sound logic but every system is corruptible. Right now you have people being imprisoned unjustly, even when they haven't committed a crime. With Hudud implemented, that imprisonment can easily be turned into stoning. What's to prevent a man in power from buying four fake eye-witnesses?

I do not believe that Hudud will work in Malaysia. The glaring corruption is proof that it will do much more harm than it will good. In my opinion, we are not ready for such a strict system simply because we lack the discipline needed to uphold the sanctity of it and truth be told, I believe that it is in an extremely dire need of revision. An example: The lack of distinction between rape and zina. I mean, come on.

So no, I say nay to Hudud.

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