Hudud and Karpal

>> Wednesday, August 22, 2012

What actually is Karpal's issue with Hudud? He was once heard saying - Hudud over my dead body ... He is also in common stand with other Pakatan Rakyat's (PR) family that PAS can pursue and champion the Hudud issue on their own platform ... do we see a contradiction - NO ... Karpal has no quarrels if Hudud is pursued individually by PAS but when it comes to implementation, it has to be over his dead body.

One must read deeper into Karpal's words to appreciate Karpal's stand - and to appreciate Karpal's stand, one must look at the issue constitutionally and not politically. Karpal's stand is very simple.

Hudud law can be unfair to both Muslim and non-Muslim since the burden on the prosecution in both the laws differs substantially. So is the sentencing ...

We take for example a person charged for rape. While an accused charged under our present criminal law can be convicted on circumstantial and medical evidence alone, under Hudud, an accused can only be convicted if the accuser brings forth 4 witnesses. It is near impossible for the prosecution to get a conviction since the burden on the prosecution is unassumingly high. Clearly not fair to the non-Muslim.

Taking another example - a habitual thief. Under the present criminal law, an accused, if found guilty, may be sentenced for a term in prison while an accused charged under the Islamic law, if found guilty, may have his hand chopped off. Clearly not fair to the Muslim. The punishment imposed on the Muslim will be like, forever.

I agree with Karpal that constitutionally this is wrong. The constitution clearly says that every person is equal in the eyes of the law. In other words, there should be no discrimination.

However, for Karpal's information, a true Muslim will not mind the discrimination since once Hudud is implemented on a Muslim accused, he is no longer answerable in the hereafter ... That's what the Quran and Hadith teaches us Muslims ... that's what we Muslims live for ... In such a case, Karpal don't have to worry about discrimination against Muslims ...

So how do we reconcile? Make Hudud applicable to all ... As a muslim, I subscribe to that ... Do away with the present criminal law and Karpal will not have to worry about discrimination.

To suggest that Karpal is anti Islam merely because he rejects Hudud is uncalled for. Karpal does not totally reject Hudud ... Karpal fears that the implementation of Hudud may run smack against the constitution in encouraging discrimination.

The law makers must therefore sit and implement a law that will cure Karpal's migraine ...


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