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Hudud Law is real in future?

Sin Chew Daily seems in the position to advocate that Hudud Law is real in future, after GE13.

Please comment about Hudud Law in this post only, otherwise I will delete your comments for out of topic.

Actually I ask for more severe punishment than Hudud Law like chopping head for corruption involved more than RM 500,000.

Have a look at this article below sourced from “Sisters of Islam” with regards to Hudud in Terengganu.

The Hudud Law was passed in Terengganu by the previous PAS government and till now nobody dared to have it revoked.

At present, although the law is passed by PAS , it is not implemented by the present authorities.

Hadi Awang has promised to have it implemented if PAS wins the state in the next election.

There was a report that the leader of the opposition said that he would allow any state that wants Hudud to do so (I stand to be corrected).

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HUDUD IN TERENGGANU – A Law to Protect Rapist !

Hudud in Terengganu – A Law to Protect Rapist

The Hudud Bill drafted by the Terengganu state government constitutes a gross violation of the principles of justice and equality in Islam.

Under this Bill;

A woman who reports she has been raped will be charged for qazaf (slanderous accusation) and flogged 80 lashes if she is unable to prove the rape.

An unmarried woman who is pregnant is assumed to have committed zina, even if she has been raped.

A woman cannot be a witness.

It is perverse that the drafters of this bill should regard rape as a woman’s defence against prosecution for zina rather than as a violent and serious crime against women.

It is even more unjust that the bill places the burden of proof of rape squarely on the woman’s shoulders and will flog her 80 lashes if she does not provide clear proof of the rape.

Rape is a serious offence and justice demands that it is the state that initiates proceedings against the alleged rapist and the burden of proof is on the state, not the victim.

The failure to draw a distinction between rape and zina in the hudud law of many

Muslim countries have led to rape victims being charged for zina and qazaf because they are not able to produce the four male witnesses required to prove that they are not consenting parties to zina.

The victim’s police report of rape is then taken as a confession of illicit sex in these countries.

Judges have concluded that the intercourse therefore had the consent of the victim and found the rape victim guilty of zina, while the alleged rapist is released for lack of evidence.

In some cases, the rape victim is also found guilty of qazaf because she could not produce the four male witnesses to prove rape and therefore has slandered the alleged rapist’s good name.

The only way a rapist can be convicted under this so-called Hudud law is through a confession, which, in any case, he can withdraw at any time later.

These gross abuses are well documented and women’s groups in Malaysia have objected to similar discriminatory provisions in the Kelantan Hudud Enactment of 1993. And yet, the Terengganu state government has not only chosen to ignore these concerns, but instead included an additional discriminatory provision to flog women 80 lashes if they cannot prove their report of rape.

The proposed law seems to be a total distortion and perversion of God’s Law.

The Divine Law of God discriminates in favour of women as it recognizes the vulnerability of women as victims to sexual assaults and the charge of zina and is clearly designed to protect women from such accusations.

However, these man-made codifications discriminate against women and further victimizes women by specifically discouraging and intimidating rape victims from coming forward and effectively protecting rapists from the consequences of their crime.

It would seem to give licence to rapists to rape women with impunity – it provides effective escape for the rapists and guarantees punishment for the victims who are brave enough to come forward or unfortunate enough to get pregnant.

These irrational provisions that discriminate against women are man-made innovations; there are no such provisions in the Qur’an and authentic hadith. On the contrary, the Qur’anic provisions are very protective of women.

The requirement of (at least) four witnesses that is provided for in the literal meaning of Surah An-Nur 24 : 4 was specially revealed to protect women from slander and casual accusations of zina, not to protect men from charges of rape :

And those [masculine plural] who launch a charge against chaste women [muhsanat-feminine plural], and produce not four witnesses (to support their allegations) – flog them [masculine plural] with eighty stripes and reject their [masculine plural] evidence ever after; for such men are wicked transgressors In Arabic grammar, masculine plural may also be used in a general sense to include both males and females, therefore women who accuse other women of zina may also be liable for the offence of qazaf.

By: Sisters in Islam

A lot of people in this country, especially the Chinese, do not know the following:

1. Malaysia is NOT a democracy with PROPORTIONAL representation. As such if a segment of the population of a certain religion have only 50.001% of the votes, they can statistically end up with 100% of the seats.

The Muslim population in Malaysia is now over 65%.

So getting 2/3rd majority and have the Constitution changed, is not a problem at all.

2. Once the motion for Hudud Law is tabled in the Parliament, ALL Muslims have a religious obligation and MUST vote FOR it.

PAS SECRETARY-GENERAL DATUK MUSTAFA ALI spoke to Sin Chew Daily in an interview over the hudud issue recently.

Asked if Muslim MPs from the Barisan Nasional would support PAS if it moves a motion to amend the constitution to pave the way for hudud, he said:

“Even if we do this in the Parliament, Umno will not agree to implement hudud.

“BUT SINCE THEY ARE MUSLIMS, THEY CANNOT OPPOSE IT..”

ALL NON-MUSLIMS SHOULD KNOW ABOUT THIS AND MUST THINK VERY CAREFULLY BEFORE THEY CAST THEIR VOTE.

THIS NEXT GENERAL ELECTION WILL AFFECT NOT ONLY THE PRESENT GENERATION BUT ALL YOUR DESCENDANTS.

SO DO NOT TRADE IN THE AUTOCRATIC SHAH FOR THE THEOCRATIC AYATOLLAH who is good and divine in intention but inhumane in execution!

THE CONSEQUENCES ARE JUST TOO HORRIFIC TO CONTEMPLATE.

ONCE HUDUD LAW IS IMPLEMENTED IT WILL BE FOR THOUSANDS AND THOUSANDS OF YEARS AND CAN NEVER BE REVOKED !

And as one writer said,

“Under Hudud, if Lim Kit Siang, Karpal Singh and Mahathir were caught stealing,

Mahathir will have his hand chopped off, whereas Lim and Karpal will only be fined a couple of hundred ringgit!

In the eyes of the law, this is definitely not fair.

SINCE MOST ADVOCATES OF HUDUD BELIEVE THAT HUDUD IS A DEVINE LAW, AND SO TO BE FAIR TO ALL MUSLIMS AND THE REST OF THE POPULATION, HUDUD SHOULD, MUST AND ULTIMATELY WILL BE APPLIED TO ALL MANKIND, IRRESPECTIVE OF RACE, RELIGION OR STATUS !

TO ALL THOSE NON-MUSLIMS WHO BELIEVE THAT

NON-MUSLIMS ARE NOT COVERED BY THE

HUDUD LAW,

PLEASE GO TO ONE OF THE MIDDLE EASTERN

COUNTRIES WHERE HUDUD IS PRACTICED AND

ROB SOMEONE OF SOMETHING SIGNIFICANT.

THEN ADMIT TO THE POLICE IN THAT COUNTRY

THAT “THEY HAVE A HAND IN THE CRIME”.

IF HE OR SHE COMES BACK WITH BOTH HANDS INTACT,

THEN I WILL ADMIT THAT I AM WRONG AND

THEY ARE RIGHT.

BUT IF HE OR SHE COMES BACK WITH ONLY ONE

HAND FOR HAVING A HAND IN THE ROBBERY,

THEN I AM RIGHT AND THEY ARE WRONG,

WITH REGARDS TO HUDUD BEING APPLICABLE

TO NON-MUSLIMS !

QED.

(A country’s constitution is not set in stone !)

May God bless this beautiful country.

Warmest regards

Dato’ Dr Looi Hoong Wah
FAMM, MB., ChB(Manchester), MRCS(England), MRCP(UK) MRCP(London)

The nkkhoo.com comment board with Facebook account.
looihw88l says:

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MALAYSIA IS NOT A DEMOCRACY WITH PROPORTIONAL REPRESENTATION.

AS SUCH IF A SEGMENT OF THE POPULATION OF A CERTAIN RELIGION HAVE ONLY 50.001% OF THE VOTES, THEY CAN STATISTICALLY END UP WITH ALL THE 222 PARLIAMENTARY SEATS i.e. 100% of the seats!

Remember, our Muslim Brothers and Sisters now make up about 61% to 65% of our population (depending on who you ask).

And because of this fact alone, there is a more than just a probability (50.001% = Possibility) that they can end up more than a 2/3rd majority.

So getting 2/3rd majority and have the Constitution changed, is not a problem at all.

At present our Muslim Brothers have more than 130 parliamentary seats (again depending who you ask). However, this does not matter anymore as what is important is the present status of seats which are predominantly Muslim and that which are not.

What the data below shows is that our Muslim Brothers who already make up about 61% of the population, will have more than the 148 seats majority required to have the constitution changed, because of the more rapid increase in the number of Muslim new voters, altering a large number of the marginal mixed seats to that of Muslim majority seats.

Data for the coming general election:

Of the 165 parliamentary constituencies in the Peninsula, less than 16% are definitely predominantly non-Muslim i.e. about 26 constituencies..

For the 57 constituencies in East Malaysia, about half are predominantly Muslim.

Non-Muslim majority constituencies should be much less now because since the last election, from 2009 to 2011, 2.9 million (22%) more voters have registered and the majority of new voters (well over ~ 60%) are Muslims (data for 2012 not available).

In 2009, Malays made up 187,828 of the new voters or 67.3 per cent, Chinese 19.8 per cent and Sarawak bumiputeras 4.8 per cent while in 2010, Malays comprised 466,137 of the new voters or 56.4 per cent, Chinese 27 per cent and Indians 6.6 per cent.

In 2011, the breakdown was 611,498 or 60.6 per cent Malays, 22 per cent Chinese and 6.7 per cent Indians.

The 14% Peninsular marginal seats ( ~23 seats) was magically converted into Non-Muslim majority seats by certain people in their so called well-researched data, and as a result of this, they claim that it is impossible for our Muslim Brothers to get a 2/3rd majority.

HOWEVER, AS A RESULT OF THE INCREASE OF WELL OVER 22% OF NEW VOTERS, THE MAJORITY OF WHOM ARE MUSLIMS from 2008 to 2011(more new voters for the year 2012 not included), most of the so-called marginal seats are now Muslim majority seats.

BECAUSE OF THIS, THE NUMBER OF MUSLIM MAJORITY SEATS MAY WELL EXCEED THE 2/3rd MAJORITY OF 148 SEATS IN THE COMING GENERAL ELECTION (nobody really knows as the data are not available and I stand to be corrected when the data is freely available).

If the motion for Hudud is tabled in the new Parliament, all our Muslim Brothers in the parliament will be morally obliged to vote for it.

Even if the motion for Hudud is prevented from being tabled, and if there is no objection from the ruling party (according to one source which may or may not be true, the leader of the opposition has already said he will allow states which want Hudud to do so), states like Terengganu, Kelantan, Perlis and Kedah, Hudud may be implemented under the present religious laws.

There has been recently an incessant call to TRADE IN THE SO CALLED “CORRUPT” AUTOCRATIC SHAH FOR THE THEOCRATIC AYATOLLAH who is INCORRUPTIBLE, GOOD AND DEVINE IN INTENTION BUT unfortunately is INHUMANE IN EXECUTION.

However we must remember that corruption is probably the 2nd oldest profession after prostitution and it is virtually impossible to completely clean out all corruption.

Even so-called corruption free countries like Singapore, UK and the USA, DO HAVE corrupt people except corruption in these places are not as rampant or as blatant as in some places.

Almost totally corruption free countries, like Iran, North Korea and the old East Germany are pretty gloomy places to live in and raise your family.

Malaysia, though not a country full of Saints, Sugar and Honey, is in fact a reasonably corruption free well run place and is, compared to many many countries, a very beautiful and safe place for your family.

OTHERWISE, WHY IS IT THAT OVER 3 MILLION OR SO LEGAL AND ILLEGAL IMMIGRANTS WOULD WANT TO COME HERE TO WORK AND RAISE THEIR FAMILIES ?

May the Good Lord bless this beautiful country.

Dato’ Dr Looi Hoong Wah
*
http://aliran.com/archives/monthly/2002/6e.html

looihw88l says:

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*

QUOTE:”John Badge Lee Your concern are noted but currently Malaysians are pissed off of corruptions & on how goverment are spending our money enriching themselves & cronies. Hudud are not relevent. Please choose a relevent crusade.” unquote

Answer:

John Badge Lee is living in a world of absolute NAIVETY AND GULLIBILITY.

John Badge Lee is just like the prisoner who is to be hanged the next day and is still WORRIED SICK THAT HIS HIGH BLOOD CHOLESTEROL MAY CAUSE A HEART ATTACK IN 20 TO 30 YEAR’S TIME !

Well, after the execution, HE WILL DEFINITELY AND COMPLETELY BE BLISSFULLY UNAWARE OF THE DANGER !

At present our Muslim Brothers have between 130 to 150 parliamentary seats (depending who you ask). However, this does matter anymore as what is important is the present status of seats which are predominantly Muslim and that which are not.

What the data below shows is that our Muslim Brothers who already make up about 64% of the population, will have more than the 148 seats majority to have the constitution changed, because of the more rapid increase in the number of Muslim new voters, altering a large number of the marginal mixed seats to that of Muslim majority seats.

Data for the coming general election:

Of the 165 parliamentary constituencies in the Peninsula, less than 16% are predominantly non-Muslim i.e. about 26 constituencies..

For the 57 constituencies in East Malaysia, about half are predominantly Muslim.

Non-Muslim majority constituencies should be much less now since the last election in 2008, 2.9 million (22%) more voters have registered and the majority of new voters (well over ~ 65%) are Muslims.

In 2009, Malays made up 187,828 of the new voters or 67.3 per cent, Chinese 19.8 per cent and Sarawak bumiputeras 4.8 per cent while in 2010, Malays comprised 466,137 of the new voters or 56.4 per cent, Chinese 27 per cent and Indians 6.6 per cent.

In 2011, the breakdown was 611,498 or 60.6 per cent Malays, 22 per cent Chinese and 6.7 per cent Indians.

So if the motion for Hudud is tabled in the new Parliament, all our Muslim Brothers in the parliament will be morally obliged to vote for it.

Even if the motion for Hudud is prevented from being tabled, and if there is no objection from the ruling party (according to one source which may or may not be true, the leader of the opposition has already said he will allow states which want Hudud to do so), states like Terengganu, Kelantan, Perlis and Kedah, Hudud may be implemented under the present religious laws.

May the Good Lord bless this beautiful country.

Dato’ Dr Looi Hoong Wah
*
http://aliran.com/archives/monthly/2002/6e.html

Ray says:

People are made to worry about the future, such that they forget about the present danger!
That is the whole issue about hudud.
We should be more concerned about present high grime rate and rampant corruption.
Tell this to MCA and those bloggers who support MCA.

looihw88l says:

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Quote: Jorge Khong “Stone to death or hang to death actually is just implementing a punishment, both doesn’t offending any human rights.” Unquote

STONING TO DEATH IS FOR ADULTERY ONLY,

But as our beloved Tunku Abdul Rahman said:

“THEY WANT TO THROW STONES AT PEOPLE, BUT MY FRIENDS, I CAN TELL YOU THIS, THERE ARE NOT ENOUGH STONES IN MALAYSIA TO GO ROUND!”

Quote from ALIRAN:

“ZINA

is categorised under the Bill as:-illicit intercourse by an unmarried person with another person the punishment for which is whipping of 100 stripes and 1 year imprisonment;

AND ADULTERY, THE PUNISHMENT FOR WHICH IS STONING UNTIL DEATH.” Unquote

Dato’ Dr Looi Hoong Wah
FAMM, MB., ChB(Manchester), MRCS(England), MRCP(UK) MRCP(London)
*
http://aliran.com/archives/monthly/2002/6e.html

looihw says:

TO ALL MALAYSIANS WHO THINK THAT A RELIGIOUS CONSTITUTION IS BETTER THAN A SECULAR ONE………

I am sorry but to all those people who do not believe in what I have said,

THAT’S YOUR PROBLEM, NOT MINE !

because I have nothing to gain or lose whether you believe me or not !

I can live under any law, religious or secular, real or even imaginary since I

am multi-religious, not associated with any political party or NGO, DO NOT

OWE ANY PARTY, ANYBODY OR ANYONE A LIVING and is metaphorically

totally colour blind.

I am sorry but to all those people who do not believe in what I have said,

THAT’S YOUR DESCENDANT’S PROBLEM, NOT MY DESCENDANT’S, AS

I DO NOT HAVE (BY CHOICE) ANY DESCENDANTS!

What I have been trying to do is to try very hard to prevent

YOUR DESCENDANTS FROM CURSING THEIR

ANCESTORS AND PISSING ON YOUR GRAVES for

not listening to the VOICES OF TRUTH AND SANITY but

rather allow themselves to be intransigently, irreversibly

and irrevocably ADSORBED to self inflicted

IGNORANCE AND IRRESPONSIBILITY.

Dato’ Dr Looi
*
http://aliran.com/archives/monthly/2002/6e.html

looihw says:

Dear NK Khoo,

Since brainwashing techniques are based on the consistently persistent repetition of propaganda, the only consistently effective way to de-brainwash a brainwashed brain is to repeatedly and consistently shower the brainwashed folks with the same facts and TRUTH, displayed in slightly ways.

According to Adolf Hitler in- “War Propaganda”, in volume 1, chapter 6 of Mein Kampf (1925).

“But the most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly and with unflagging attention. It must confine itself to a few points and repeat them over and over. Here, as so often in this world, persistence is the first and most important requirement for success.” Unquote.

So here are some old facts displayed in a slightly different way:

MALAYSIA’S CONSTITUTION CAN EASILY BE CHANGED.

The non-Muslim community of this country should know the following:

1. Our Muslim Brothers have more than 2/3rd of the seats in Parliament at present (more than 150 out of the 222 seats) and definitely more in the near future.

Of the 165 parliamentary constituencies in the Peninsula, only 16% predominantly non-Muslim.

For the 57 constituencies in East Malaysia, more than half are predominantly Muslim.

The Muslim population in Malaysia is now over 65%.

Malaysia is NOT a democracy with PROPORTIONAL representation. As such if a segment of the population of a certain religion have only 50.001% of the votes, they can statistically end up with ALL i.e.100% of the seats.

So getting 2/3rd majority and have the Constitution changed, is not a problem at all.

2. Once the motion for Hudud Law is tabled in the Parliament, ALL Muslims have a religious obligation to vote FOR it and NEVER against it.

That’s why the two BN representatives in Kelantan voted FOR the motion ?

3. In a report (I stand to be corrected), it was alleged that the leader of a certain opposition party has said that HE WOULD ALLOW ANY STATE THAT WANTS HUDUD TO DO SO.

PAS SECRETARY-GENERAL DATUK MUSTAFA ALI spoke to Sin Chew Daily in an interview over the hudud issue recently.

Asked if Muslim MPs from the Barisan Nasional would support PAS if it moves a motion to amend the constitution to pave the way for hudud, he said:

“Even if we do this in the Parliament, Umno will not agree to implement hudud.

“BUT SINCE THEY ARE MUSLIMS, THEY CANNOT OPPOSE IT..”

Again according to the Sinchew Newspaper : “PAS deputy president Mohamad Sabu was alleged to have said in an interview,

“PAS has decided that it will seek constitutional amendment in the Parliament

TO IMPLEMENT THE HUDUD LAW ONCE THE

PAKATAN TAKES THE HELM OF THE FEDERAL

ADMINISTRATION.”

Kindly note: Once the motion for Hudud Law is tabled in the Parliament, ALL Muslims have a religious obligation and MUST vote FOR it.

ALL NON-MUSLIMS SHOULD KNOW ABOUT THIS AND MUST THINK VERY CAREFULLY BEFORE THEY CAST THEIR VOTE.

THIS NEXT GENERAL ELECTION WILL AFFECT NOT ONLY THE PRESENT GENERATION BUT ALL YOUR DESCENDANTS.

SO PLEASE THINK OF YOUR DESCENDANTS AND DO NOT TRADE IN THE AUTOCRATIC SHAH FOR THE THEOCRATIC AYATOLLAH who is good and divine in intention but inhumane in execution!

THE CONSEQUENCES FOR YOU, YOUR DESCENDANTS AND OUR COUNTRY ARE JUST TOO HORRIFIC TO CONTEMPLATE.

ONCE HUDUD LAW IS IMPLEMENTED IT WILL BE FOR THOUSANDS AND THOUSANDS OF YEARS AND CAN NEVER BE REVOKED !

And as one writer said,

“Under Hudud, if Lim Kit Siang, Karpal Singh and Mahathir were caught stealing,

Mahathir will have his hand chopped off, whereas Lim and Karpal will only be fined a couple of hundred ringgit!

In the eyes of the law, this is definitely not fair.

SINCE MOST ADVOCATES OF HUDUD BELIEVE THAT HUDUD IS A DEVINE LAW, AND SO TO BE FAIR TO ALL MUSLIMS AND THE REST OF THE POPULATION, HUDUD SHOULD, MUST AND ULTIMATELY WILL BE APPLIED TO ALL MANKIND, IRRESPECTIVE OF RACE, RELIGION OR STATUS !

TO ALL THOSE NON-MUSLIMS WHO BELIEVE THAT

NON-MUSLIMS ARE NOT COVERED BY THE

HUDUD LAW,

PLEASE GO TO ONE OF THE MIDDLE EASTERN

COUNTRIES WHERE HUDUD IS PRACTICED AND

ROB SOMEONE OF SOMETHING SIGNIFICANT.

THEN ADMIT TO THE POLICE IN THAT COUNTRY

THAT “THEY HAVE A HAND IN THE CRIME”.

IF HE OR SHE COMES BACK WITH BOTH HANDS INTACT,

THEN I WILL ADMIT THAT I AM WRONG AND

THEY ARE RIGHT.

BUT IF HE OR SHE COMES BACK WITH ONLY ONE

HAND FOR HAVING A HAND IN THE ROBBERY,

THEN I AM RIGHT AND THEY ARE WRONG !

(Remember: A country’s constitution is not set in stone !)

Quote: “That’s why PAS intends to implement Hudud through the proper way – in Parliament. If the majority of Malaysians want Hudud and through 2/3 of the MPs in Parliament that represent them, decide to implement Hudud, is it right for the minority to deny them that?

That’s democracy at work. That’s also our Perlembagaan at work. Minority will have their say just that they get outvoted by the majority.” Unquote.

Answer:

Your argument reminds me of a story of 3 men stranded on a remote island

with no hope of rescue for a long, long time.

After a few weeks, they ran out of food,

SO TWO OF THEM GANG UP AND DECIDED TO KILL AND

EAT THE 3rd MAN.

SO THE TWO PUT IT TO A DEMOCRATIC VOTE AND

MANAGED TO GET A 2/3rd MAJORITY.

SINCE THESE 2 MEN HAVE A 2/3rd DEMOCRATIC MAJORITY

WE SHOULD SHUT UP, SAY NOTHING ABOUT THEIR CRIME

BUT JUST CELEBRATE THE TRIUMPH OF DEMOCRACY

OVER ANARCHY !!!!!!!!!

AS YOU SAID, THAT’S HOW DEMONCRAZY WORKS !!!!!

Quote: ” So, you rather we don’t have democracy?” Unquote.

Answer:

We should have democracy but we should not embrace any concept absolutely without any reservations and absolutely without getting any advice from that part of our brain that computes logic and from that part of our brain that controls our morality and empathy.

Since democracy is developed by humans, IT IS NOT PERFECT.

The majority is NOT ALWAYS RIGHT.

THEY MAY BE NUMERICALLY AND STATISTICALLY

RIGHT BUT NEVER, MORALLY OR EVEN LOGICALLY,

ALWAYS RIGHT !

IN A REAL AND TRUE DEMOCRACY, THE MINORITY

HAS TO BE PROTECTED AND THE DESIRES OR WILL

OF THE SO-CALLED MAJORITY SHOULD, IN CERTAIN

CIRCUMSTANCES, BE PUT ASIDE AND IGNORED IF

THE RIGHTS OF THE MINORITY ARE BEING INFRINGED ON,

OR ENCROACHED ON OR TRANSGRESSED UPON !

Dato’ Dr Looi

looihw says:

Quote:

Gilbert Goo “HUDUD PUNISHMENT IS FOR PEOPLE THAT MAKE MISTAKE OR COMMIT CRIME”. Unquote

Answer:

IF YOUR DAUGHTER IS RAPED AND GETS PREGNANT AND IF SHE CANNOT PRODUCE FOUR HONORABLE ADULT MUSLIMS TO TESTIFY THAT SHE HAD BEEN RAPED,

IS THAT A CRIME?

According to Sisters in Islam, under Hudud THAT IS A CRIME COMMITED BY YOUR DAUGHTER which deserve a severe punishment.

An unmarried woman who is pregnant is assumed to have committed zina, even if she has been raped.

Quote Sisters in Islam:

“HUDUD IN TERENGGANU – A Law to Protect Rapist !

Hudud in Terengganu – A Law to Protect Rapist

The Hudud Bill drafted by the Terengganu state government constitutes a gross violation of the principles of justice and equality in Islam.

Under this Bill;

A woman who reports she has been raped will be charged for qazaf (slanderous accusation) and flogged 80 lashes if she is unable to prove the rape.

An unmarried woman who is pregnant is assumed to have committed zina, even if she has been raped.

A woman cannot be a witness.

It is perverse that the drafters of this bill should regard rape as a woman’s defence against prosecution for zina rather than as a violent and serious crime against women.

It is even more unjust that the bill places the burden of proof of rape squarely on the woman’s shoulders and will flog her 80 lashes if she does not provide clear proof of the rape.

Rape is a serious offence and justice demands that it is the state that initiates proceedings against the alleged rapist and the burden of proof is on the state, not the victim.

The failure to draw a distinction between rape and zina in the hudud law of many

Muslim countries have led to rape victims being charged for zina and qazaf because they are not able to produce the four male witnesses required to prove that they are not consenting parties to zina.

The victim’s police report of rape is then taken as a confession of illicit sex in these countries.

Judges have concluded that the intercourse therefore had the consent of the victim and found the rape victim guilty of zina, while the alleged rapist is released for lack of evidence.

In some cases, the rape victim is also found guilty of qazaf because she could not produce the four male witnesses to prove rape and therefore has slandered the alleged rapist’s good name.

The only way a rapist can be convicted under this so-called Hudud law is through a confession, which, in any case, he can withdraw at any time later.

What are the punishments prescribed for the offences?

SYURB: is consumption of liquor or other intoxicating drinks.

The act of consumption in itself regardless of whether a person is intoxicated by it,

is punishable with whipping of not less that 40 stripes for first offenders, 80 stripes and imprisonment for repeat offenders.

SARIGAH (theft):

is punishable by the amputation of the offender’s right hand. For a second offender, amputation of his left leg and for a third and subsequent offender imprisonment as deemed fit by the court.

However the offender shall not be liable for the above punishments if amongst others, the value of the stolen property is less than a prescribed sum, the owner of the stolen property failed to take adequate steps to protect his property, the property is freely available or the property is valueless in Islam e.g. liquor or entertainment equipment.

HIRABAH:

For the crime of armed robbery, the punishment is:- death and thereafter crucifixion if the victim is killed and his or another person’s property is taken; or death if the victim is killed but no property is take; or amputation of the right hand and left leg if the victim is not killed or injured.

ZINA:

is categorised under the Bill as:-illicit intercourse by an unmarried person with another person the punishment for which is whipping of 100 stripes and 1 year imprisonment; and adultery; the punishment for which is stoning until death.

QAZAF:

The Qur’anic injunction against qazaf is to prohibit the accusation of chaste women of zina (illicit intercourse).

Under the Bill, any person who accuses another of illicit intercourse without bringing forth 4 adult male Muslim witnesses, is to be punished with whipping of 80 stripes.

Section 9 specifically states that any person complaining of rape in a case where such rape is not proven shall be deemed to have committed qazaf.

In relation to married couples, zina may be proven by un-rebutted sworn allegation of a person against his/her spouse.

LIWAT:

is defined under the Bill as sodomy by a man with another person who is not his wife. Liwat is to be proven in the same manner as zina.
Irtidad or Riddah – The punishment for blasphemy or apostasy by an unrepentant offender is death and forfeiture of property.

Unquote.

QUOTE ALIRAN: “What is the difference in the notion of crime between Hudud and any secular penal code?

Under secular laws, an action is considered criminal if it brings about serious harm or death to another party or when there is victimization involved.

The violation of private property rights, including bodily rights (as in physical assault and rape) is also construed to be a crime.

Although Hudud and Qisas are informed by these premises, there are additional areas in the Islamic law which are outside the bounds of these justifications.

For example, under secular law, a sexual relationship between consenting adults is not a crime as it does not bring injurious harm to another party.

Drinking of alcohol is not a victimizing act, hence it is also not a crime. However, drunken driving is, as it can potentially cause serious harm to another party.

The right to renounce one’s religion is also not a crime as it is considered a human right to religious freedom, with no repercussions of victimization.

In contrast, Hudud law “criminalizes” all of these actions, namely, sex outside marriage, drinking of alcohol and the renouncement of the Islamic religion.

Hudud proponents say that these laws are divinely ordained by God.

However, the codification and formalization of these laws are mediated by human actions and subjected to human interpretations.” UNQUOTE.

Dato’ Dr Looi
*
http://aliran.com/archives/monthly/2002/6e.html

hai fong says:

Dr Looi should be more vocal about corruptions in Malaysia.
We welcome his stand to make Malaysia free from idiotic policies dividing the nation.
Why not Dr Looi continue to voice his opinions to raise the conscience of malaysian – nkkhoo.com can be the platform for this.

Ray says:

Dr Looi seems to write a lot of stuff but no specific message.
So confusing.

looihw says:

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CORRUPTION, ABUSE OF POWER AND CBT.

Quote: “SiewIm Teh Please let us know about punishment for corruption, abuse of power and cbt under hudud law.” Unquote

Answer:

Please have a look at this website at ALIRAN.

The article is written probably by one of our Muslim brothers in ALIRAN.

http://aliran.com/archives/monthly/2002/6e.html

Quote:

“What offences are covered in the Kelantan and Terengganu Enactments?

Six offences are recognised under the Enactment as Hudud offences, namely:

Sariqah (theft)

Hirabah (robbery)

Zina (unlawful carnal intercourse)

Qazaf (accusation of zina which cannot be proved by four witnesses)

Syurb (drinking liquor or intoxicating drink)

Irtidad or riddah (apostasy)

The second set of offences refer to homicide and bodily injury and listed under Qisas.” Unquote.

UNFORTUNATELY THE PUNISHMENT FOR CORRUPTION, ABUSE OF POWER AND CBT ARE NOT COVERED, AND AS SUCH THERE IS NO PUNISHMENT OF CORRUPTION, ABUSE OF POWER OR CBT !!!!!

Quote ALIRAN ” What are the punishments prescribed for the offences?

Syurb – is consumption of liquor or other intoxicating drinks. The act of consumption in itself regardless of whether a person is intoxicated by it, is punishable with whipping of not less that 40 stripes for first offenders, 80 stripes and imprisonment for repeat offenders.

Sariqah (theft) – is punishable by the amputation of the offender’s right hand. For a second offender, amputation of his left leg and for a third and subsequent offender imprisonment as deemed fit by the court. However the offender shall not be liable for the above punishments if amongst others, the value of the stolen property is less than a prescribed sum, the owner of the stolen property failed to take adequate steps to protect his property, the property is freely available or the property is valueless in Islam e.g. liquor or entertainment equipment.

Hirabah – For the crime of armed robbery, the punishment is:- death and thereafter crucifixion if the victim is killed and his or another person’s property is taken; or death if the victim is killed but no property is take; or amputation of the right hand and left leg if the victim is not killed or injured.

Zina – is categorised under the Bill as:-illicit intercourse by an unmarried person with another person the punishment for which is whipping of 100 stripes and 1 year imprisonment; and adultery; the punishment for which is stoning until death.

Qazaf – The Qur’anic injunction against qazaf is to prohibit the accusation of chaste women of zina (illicit intercourse). Under the Bill, any person who accuses another of illicit intercourse without bringing forth 4 adult male Muslim witnesses, is to be punished with whipping of 80 stripes. Section 9 specifically states that any person complaining of rape in a case where such rape is not proven shall be deemed to have committed qazaf. In relation to married couples, zina may be proven by unrebutted sworn allegation of a person against his/her spouse.

Liwat – is defined under the Bill as sodomy by a man with another person who is not his wife. Liwat is to be proven in the same manner as zina.

Irtidad or Riddah – The punishment for blasphemy or apostasy by an unrepentant offender is death and forfeiture of property. Unquote.

Dato’ Dr Looi.

Manja says:

Dato’ Dr Looi patut faham bahawa hukum Islam mengikut tafsiran pihak Umno melalui Jakim tidak memberi perhatian langsung pada korapsi dan kronisma yang telah memecah amanah. Hairan sekali kuncu Umno iaitu MCA tak memberi tekanan langsung pada Umno dalam hal ini tetapi menggunakan Hudud sebagai satu ‘bogeyman’ untuk menakutkan masyarakat Cina.

Sebagai seorang cendekiawan bergelar Dr, Dr Looi harus memberi penjelasan yang lebih mendalam dalam hal ini. Anihnya Dr Looi cuman mengulangi retorik Umno yang salahguna hukum Islam untuk tujuan politik sahaja.

nkkhoo says:

Hudud in Terengganu was approved by PAS, not UMNO.

PAS was manipulated the laws of God.

looihw says:

*
*
Quote: ” So, you rather we don’t have democracy? :)” Unquote.

We should have democracy but we should not embrace any concept absolutely without any reservations and absolutely without getting any advice from that part of our brain that computes logic and from that part of our brain that controls our morality and empathy.

Since democracy is developed by humans, IT IS NOT PERFECT.

The majority is NOT ALWAYS RIGHT.

THEY MAY BE NUMERICALLY AND STATISTICALLY

RIGHT BUT NEVER, MORALLY OR EVEN LOGICALLY,

ALWAYS RIGHT !

IN A REAL AND TRUE DEMOCRACY, THE MINORITY

HAS TO BE PROTECTED AND THE DESIRES. OR WILL

OF THE SO-CALLED MAJORITY SHOULD, IN CERTAIN

CIRCUMSTANCES, BE PUT ASIDE AND IGNORED IF

THE RIGHTS OF THE MINORITY ARE BEING INFRINGED ON,

OR ENCROACHED ON OR TRANSGRESSED UPON !

Dato’ Dr Looi Hoong Wah

Ronny says:

I cannot understand what the point you are making.
Please be more specific.
Maybe this is a non-technical issue and you have difficulty putting your argument across?

looihw says:

Quote: “That’s why PAS intends to implement Hudud through the proper way – in Parliament. If the majority of Malaysians want Hudud and through 2/3 of the MPs in Parliament that represent them, decide to implement Hudud, is it right for the minority to deny them that?

That’s democracy at work. That’s also our Perlembagaan at work. Minority will have their say just that they get outvoted by the majority.” Unquote.

Answer:

Your argument reminds me of a story of 3 men stranded on a remote island

with no hope of rescue for a long, long time.

After a few weeks, they ran out of food,

SO TWO OF THEM GANG UP AND DECIDED TO KILL AND

EAT THE 3rd MAN.

SO THE TWO PUT IT TO A DEMOCRATIC VOTE AND

MANAGED TO GET A 2/3rd MAJORITY.

SINCE THESE 2 MEN HAVE A 2/3rd DEMOCRATIC MAJORITY

WE SHOULD SHUT UP, SAY NOTHING ABOUT THEIR CRIME

BUT JUST CELEBRATE THE TRIUMPH OF DEMOCRACY

OVER ANARCHY !!!!!!!!!

AS YOU SAID, THAT’S HOW DEMONCRAZY WORKS !!!!!

Warmest regards,

Dr Looi

Lord Jim says:

HUDUD issue is the agenda of MCA; and we can witness many supporting bloggers continue raising this matter. In actual fact, chinese community is so much bombarded by MCA Hudud that they are now immuned to Hudud. Overkilling by MCA strategists !
Do you agree, nkkhoo ?

http://www.themalaysianinsider.com/sideviews/article/the-empty-mca-weber-chong/

nkkhoo says:

I support Hudud and other more stiff laws to stop crime and corruption.

Those worry about Hudud is the criminal and potential criminal.

Mansor says:

Fear not hudud if you do no crime!

Focus should be on how to combat rampant corruption that MACC selectively ignored.

Lord Jim says:

Do no crime so no need to worry about HUDUD.

More pressing issues like Pengerang receives little coverage, really SAD !

Sweenie says:

Hudud may be real in the distant future but the state of corruption and high debt (53% of GDP) is the immediate real problem we are facing.

Hence it is wise to focus on immediate and real problem first.
Our nation will likely go bankrupt first and rakyat on austerity drive long before hudud can set in.

Anyway, Sin Chew has been criticised for its biased reporting lately.