Implementation of Hudud Law - Understand Before Rejecting

what i'm about to say might be sensitive to others, some might even think i'm a strong follower of a certain political group.. but allow me clarify a few things first.. i'm NOT into politics.i firmly believe that politic itself is dirty, let alone the people who are involved in it.i'm writing this because i believe i have the duty to give a clearer picture of Islamic criminal law(ICL) and how it works. i'm no expert in it, but as a law student at an Islamic university, and most importantly as a Muslim, i'm proud to say that i do have a basic understanding on the fundamentals of ICL.

it bothers me to see politicians, both Muslims(SAD!) and non-Muslims, openly giving their opinions on how Hudud cannot be implemented in our multi-racial/multi-religion Malaysia.but excuse me dear politicians, do you even know how to execute hudud law?most importantly,do u even know what are hudud offences? have you people even thought of the rationale behind public amputation @ whipping? sadly, NO! without having much or any understanding at all on the system, you're labelling ICL as barbaric, draconian.. suka hati je kan?urgh it makes me so mad!

let me just share some very basic concept and principles of ICL.under Islamic law, criminal offences can be divided into 3 main categories : -

- Hudud offences = wrongs committed against the right of Allah
examples : murtad (apostacy), zina (illicit intercourse),
sariqah (theft), hirabah (armed robbery + some jurists
consider rape to fall under hirabah as well), shurb
al-khamr (drinking wine)

- Qisas offences = wrongs committed against the right of another man
examples : murder, causing grievous hurt


- Ta'zir offences = offences which do not fall in either categories above and determined by the government @ State


the punishment for Hudud and Qisas offences are expressly prescribed in the Quran.lets take the most controversial example, punishment for the offence of theft - amputation of hand. yes, at a glance the punishment seems very severe, too harsh. thats what i thought too, but BEFORE i studied ICL.now i can actually accept it. it's severe for a reason - to prevent the offender from repeating the same offence and it serves as a warning to the public not to commit the same act. just imagine having to watch an accused who has been proven to steal, being amputated right in front of our eyes.. seeing the agony in the offender's face.. do u think anyone out there dares to commit the same act??? just answer truthfully.. no rite? i doubt there's a single man out there who would have the b*lls to even think of trying to commit theft.. thats the beauty of the imposition of such harsh punishment. it's to deter the offence once and for all..

note however, this punishment is not imposed on just any act of taking the property of others. this is where the public are often confused.no, amputation of hand will not be imposed on a kid stealing a pencil from his classmate nor will a homeless person stealing bread from a grocery shop. Islam prescribes very specific definition of theft. the act of stealing must be done SECRETLY, not openly..
the stolen property must be of certain amount and the intention must be to deprive the victim over the possession of the property.. not only that, the standard of burden of proof = BEYOND ANY SHADOW OF DOUBT. unlike the requirement in civil courts = beyond any reasonable doubt, the burden of proof in establishing Hudud offences is much higher.. in other words, it is VERY difficult to prove that an accused has committed theft, let alone to execute the punishment.. do u now see how ICL is beautifully arranged? the idea of having severe punishment is reconciled with the fact that to prove a Hudud case is very hard. see people..if only we could stop judging.. try to see the big picture behind everything.. ni tak, sebut je Islam and Hudud, semua nak menggelabah.. come on la people.. Allah is Most-Knowing.. He is our Creator after all.. He would know what can be done, what cannot be done.. He is 'Adil.. He would never impose upon us anything that is beyond our capabilities.. if He wants us to apply ICL, then we should.. stop questioning.. it'd suit us all- Muslims or non-Muslims, insyaAllah...