Q&A: Hudud accepts corroborative evidence from forensic sources

Nasharuddin: Islam does not allow for the restriction of religious practices. The bible in Bahasa Malaysia in my view is permissible so long as sensitivities are respected. Where PAS is in government, there is no restriction on religious practice. In fact, temples have flourished and burial grounds and facilities have been built without hindrance.

The 'manufactured' news of the Kuala Terengganu Chinese temple (which was said to make way of a development project) is now a non-issue. In fact, where necessary the state may have to provide religious facilities for the people when the need arises. At the same time, one must also recognise the rights of Muslims to practise the true form of Islam in its entirety, of course without compulsion for non-Muslims.

PAS will also undertake to do the following:

• Abolish the Internal Security Act.



• Review the Printing Presses and Publications Act to allow the citizens the freedom to access legitimate news and views.



• Observe the constitutional right to assemble and free speech.

Yes, we will hold local government elections. Currently, our hands are unfortunately tied by federal legislative rules.




What do you think of the current moral-cleansing campaign by BN (limiting sale of pork in wet markets, not allowing dogs to run in the park, not holding hands or kissing in public)? What is the place of secularism in a theocratic state as envisaged by PAS?

Keeping in view a theocracy purportedly receives the basis of its authority from God, will I be as free to criticise national or state policies or PAS without offending religious sensitivities in a theocratic state under PAS?

Secular Citizen

Allow me to answer the second part of your question first. PAS does not intend to establish a theocratic state. In fact, Muslim scholars such as Dr Yusouf Qardhawi have categorically debunked the idea of an Islamic theocracy and explained that an Islamic system of governance is not a theocracy. PAS accepts that the responsibility of leadership must be derived from a mandate through consent of citizens. The state governments formed by PAS in Kelantan and Terengganu are well represented by both scholars and professionals.

There are many examples in the Quran and Hadith which naturally presuppose the citizens' right and duty to watch over all the activities of the government and to criticise its administrative and legislative policy whenever there is a reason to consider that matters are wrongly handled. To deny such rights is a transgression of the laws of Islam. The prophet Muhammad has said, "The highest kind of jihad (struggle against evil and injustice) is to speak the truth in the face of a government that deviates from the right path."

PAS in Terengganu has adopted a model of governance that is transparent and accountable and more importantly, provides access tp information to the citizens on issues of governance. Some examples in practice are:

• A committee for hisbah, or accountability, which is an independent ombudsman.
  
  
• Live telecast of state assembly sessions.
  
  
• Ensure representation of women and minorities through constitutional amendments to provide for appointments to the state assembly by the sultan.
  
  
• Direct complaints mechanism via Internet with tracking of issue resolution.
  
  
• Compulsory public meetings for state assemblymen with constituents.
  

A manifestation of our openness was when Terengganu tabled its enactment of Syariah Criminal Offences. We went to great lengths to seek the views of all segments of the public. Even our most virulent detractors such as Shahrizat Jalil, Azalina Othman, Sisters in Islam, Wanita MCA were welcomed to a dialogue. Whenever we can accommodate without compromising Islamic principles, we do so. Most important of all, the Syariah is not imposed on non-Muslims. Ultimately, we have managed to convince the people of Terengganu that we are sincere about fulfilling our manifesto to implement the Syariah for the purpose of justice and peace for all.

As to the first part of the question, societal moral standards should be based on universally accepted norms. In the case of Muslims, there is an additional responsibility prescribed by the Syariah.

For the non-Muslims, universal values and common sense should prevail. PAS does not believe in imposing absurd laws on married couples and family members for showing affection in public. I am pleased to say that there are no recorded complaints of high-handedness from non-Muslims in Kelantan and Terengganu. However, one should bear in mind that even in Western countries, public indecency is a misdemeanour.

PAS believes in the freedom of religious practice. The rights of non-Muslims are enshrined in the Quran: "There is no compulsion in religion." (The Holy Quran 2:256)

Sememangnya sejarah dakwah Islam adalah penuh dengan rintangan. Manusia yang menolak kebenaran dan yang zalim, akan sentiasa menggunakan segala kekuatan dan tipu daya untuk mengekang dan menyekat penyebaran risalah Islam yang sebenar; iaitu Islam ialah Ad-Deen, "a way of life", yang menyeluruh dan membawa keamanan kepada manusia sejagat tanpa mengira perbezaan bangsa.

Sejak tercetusnya kezaliman ke atas Anwar Ibrahim, Lim Guan Eng, tahanan ISA, kronisme dan korupsi seperti skandal Renong, Perwaja, Malaysia Airlines dan sebagainya, rakyat Malaysia telah bangun memperjuangkan reformasi dan kebenaran. Ini telah mencetuskan satu pertembungan di antara kebenaran dan kezaliman. Seperti Hukum Newton, ledakan laungan reformasi dan kebenaran ini telah menyebabkan satu tindakan yang ekstrim dan ganas oleh pemerintah.

Bukan sahaja ceramah disekat, malah kebebasan individu disekat melalui Aku Janji, Akta Universiti dan Kolej Universiti dan tekanan-tekanan lain untuk menakutkan rakyat menyuarakan pendapat dan hasrat mereka secara terbuka. Lihatlah bagaimana mudah Pemuda Umno mengarah polis menutup operasi malaysiakini.

Pendirian kami adalah:

PAS sedang meningkatkan keberkesanan penggunaan media sebagai saluran maklumat kepada masyarakat. Kita lihat sejak gelombang reformasi, Barisan Alternatif telah menganjur penggunaan Internet sebagai media penyampaian maklumat. Internet merupakan satu ruang bebas dan kami memuatkannya dengan maklumat, pendapat malah ceramah dan kuliah yang kami anjurkan. Rujuk kepada laman-laman web Harakahdaily dan Parti PAS.

Di samping itu kami kagum dengan keberanian malaysiakini yang telah terus menyuarakan pendapat yang bebas dan objektif di sebalik tekanan dan halangan oleh pemerintah.

Saya suka mengingatkan kepada semua rakyat Malaysia, adalah hak kita untuk berkumpul dan bersuara. Sebab itu kami teruskan dengan ceramah kami, kerana itu adalah hak yang termaktub dalam perlembagaan. Kepada Muslim semua, teruskan menghayati ilmu Islam dan dengar dakwah, imarahkan masjid dan berpegang dengan Islam. Bagi rakyat Malaysia umumnya teruskan untuk berfikir, berbahas dan bertindak secara terbuka dan bertanggungjawab. Bacalah dan dengarlah media alternatif selalu.




How would PAS deal with the richness and diversity of traditions within Islam, from the liberal Ismailis to the conservative Wahabis? Would you for example, allow a Shiite or Ismaili imam to preach in the country or do you consider those who disagree with you (or PAS) in their interpretation of the faith to be kafir (non-believers)?

The central objective of PAS is to adopt the Syariah. Would it apply to all? If it does not, how would you reconcile the concept of equality before the law when a Muslim and a non-Muslim charged with the same crime would face different punishments simply because of their faith? For example, a Muslim faces the prospect of having his hand cut off for theft, while a non-Muslim would face only a fine or a jail term.

Bakri Musa

PAS embraces and cherishes the richness and diversity of tradition in Islam based on the Ahlul Sunnah Wal Jemaah. Tuan Guru Abdul Hadi himself has said that if there are no restrictions in Mecca for all Muslims to perform the Haj, why should there be restrictions elsewhere?

The Quran is clear in this respect: "The Believers are but a single Brotherhood." (The Holy Quran 49:10)

Let me remind my Muslim brothers and sisters of the danger and peril of describing other Muslims as kafir. We have been victims of the cruel intentions of others who have painted us as creating divisions among the ummah. No ulama in PAS has been officially apportioned blame or charged for calling others kafir by the National Fatwa Council or any state religious authority. Not only do we avoid this slanderous behaviour, we differ from Umno in categorising non-Muslims as kafir dhimmi or infidels. To us non-Muslims are simply equal citizens of Malaysia whose faith of choosing is not Islam, certainly not infidels or second-class citizens.

On the issue of Muslim unity, the Quran states:

"Hold fast, all together, to the covenant of God, and do not separate. And remember God's favour unto you - how, when you were enemies, He united your hearts, so that by His favour you became brethren; and how, when you were on the brink of an abyss of fire, He drew you back from it. Thus God makes his messages clear to you, so that you may find guidance, and that out of you may grow a community of people who issue a call to equity, enjoin what is right and forbid what is wrong: and it is these alone that shall attain to everlasting happiness." (The Holy Quran 3:103-104)

In the preamble of the PAS constitution, it states: "It is hereby proclaimed; that for the sake of the completeness of observance to Allah and welfare among humankind; that was created to enjoin what is just and good and forbid what is wrong and evil, living in a society and state, it is now declared an organisation known as the 'Parti Islam Se Malaysia'."

PAS will strive to enjoin what is good and just, and forbid what is wrong and unjust. At the same time we will ensure that non-Muslims are given freedom and fairness based on the principle of non-compulsion. As practised in Terengganu and Kelantan, we will not force the Syariah on non-Muslims.

Within the Syariah are the rights and responsibilities granted by God. All Muslims and all administrators who claim to be Muslim have to accept, recognise and enforce the Syariah. "And if any fail to judge by (the light of) what Allah has revealed, they are no better that wrongdoers." (The Holy Quran 5:45) PAS unequivocally states that we do not intend to impose the Syariah against the will of non-Muslims.

To answer the question on hudud, allow me to first give an overview of the law:

• Hudud is only one part of the Syariah which includes other laws such as qisas (laws of retribution) and takzir (akin to penal code).
  
  
• The hudud law is preventive in nature and is aimed to deter.
  
  
• Hudud requires evidence that is beyond a shadow of doubt, not just beyond a reasonable doubt.
  
  
• The hudud enactment also accepts corroborative evidence from forensic sources.
  
  
• Whenever the stringent evidence requirements of hudud are not met, than the case is referred to takzir, where similar to the penal code, the trial is based on the judge's discretion subject to the procedural and substantive aspects of the law.
  
  
• Let's take the case study of a woman who is a rape victim, when there is insufficient evidence under hudud, the perpetrator will charged under takzir where all evidence will be considered and the punishment meted out will be as severe as that of the current penal code.
  
  
• The virtue and chastity of women is protected by the law on qazaf (false accusation) that punishes severely any wrongful accusation of adultery or illicit sex; and similarly, both men and women cannot be accused of such acts without sufficient evidence.
  

One shouldn't be unduly concerned with the higher burden of responsibility and stricter punishments for Muslims. What is important is that justice will prevail for Muslims and non-Muslims alike, in the manner which is not oppressive against their respective faiths. Muslims of true faith and adherence will not be unduly concerned because the source of the law is divine and as such free of prejudice and injustice.