Hudud in Malaysia

Introduction

Hudud in Malaysia: The Issue in Stake is chosen for our book review. This book was edited by Rose Ismail. She is one of members of Sisters in Islam. She compiled all the idea about hudud in Malaysia from many sources. This book was published under SIS Forum (Malaysia) Berhad in 1995. Plus, this book project is funded by the Government of Canada.

Why we choose Hudud as our book review because the discussion of trying to implement Hudud law in Malaysia is like a never ending discussion. The issue of hudud is still controversial among advocates, opponents and the Malaysian public. Reason Sisters in Islam published this book because they stand remains the same: should all the possibilities and the consequences not be weighed carefully, the implementation of hudud holds within it the potential for enormous injustices. Until today, Sisters in Islam find the Malaysian Islamic Party (PAS)’s justification for advocating hudud unconvincing and even worrying.

Sister in Islam understand that in the Malaysian context, the issue of hudud is politically charged. Nevertheless, they stress that hudud should be subjected to the same rigorous scrutiny as other laws made in the name of “Islam”. This is not to undermine the sanctity of Islam, but rather to ensure that human interpretations do not contradict or subvert principles of justice, fairness and equality as enshrined in Islam.

The book was divided into six parts. Part 1: Memorandum to the Prime Minister on the Syariah Criminal Code (II) 1993 State of Kelantan. We choose to view Zina and Rape under of Syariah Criminal Code (II) Bill 1993 (Kelantan). For Part 2: Views on Hudud Laws, The PAS View and the Semangat 46 view was be chosen to be review. For part 3: The Government’s Posititon, it is from the Idea of Tun Datuk Seri Mahathir Mohammad, Islam Guarantess Justice for all Citizens. Part 4: View from Academia and Part 5: Conclusion, Beyond the Literal is not be reviewed. Lastly part 6: Epilogue. It was about Hudud and State Islamic Criminal Laws.

Part 1: Memorandum to the Prime Minister on the Syariah Criminal Code (II) 1993 State of Kelantan: Zina and Rape under the Syariah Criminal Code (II) Bill 1993 (Kelantan).

Kelantan is the first state in Malaysia try to implement hudud. However, the bill was not passed at the parliament. Therefore, it remains as bill. This issue was written by Salbiah Ahmad to refute the bill that been made by one of PAS member Haji Abdul Hadi Awang. Salbiah Ahmad had mention zina under the bill in the Syariah Criminal Code (II) of the State of Kelantan. Zina is identified under hudud offences in Clause 4 (C). Zina is an offence which consists of sexual intercourse between of man and woman who are not married to each other in clause 10. Zina applies both to adultery and fornication. Adultery means as illicit intercourse between two married individuals which fornication