Amputation and stoning disappear into a committee
It is beginning to look like the issue of implementing seventh-century Islamic law requiring the amputation of limbs and stoning of adulterers has crested in Malaysia and is receding.
The issue attracted widespread concern among human rights groups and the international investing community as well as within the country itself, with Chinese, Indians and other minorities loudly objecting to any attempts to enact such a law, not only because they deemed it as barbaric, but because they fear it would spread from Muslims to wider segments of the population.
Parti Islam se-Malaysia, the rural-based fundamentalist Islamic party with its roots in the poverty-stricken east coast of the country, had threatened to introduce two private member’s bills in the parliament in June when Parliament reopened its session. PAS, as the party is known, had been pushing for introduction of hudud, the Islamic system of punishment under Shariah law, in the state of Kelantan, which it controls. It needs federal approval for implementation, however.
Under its provisions, hudud would impose age-old punishments for certain classes of crimes under Shariah law including theft, sex out of wedlock, consumption of liquor and drugs and apostasy. As an indication of the modern inapplicability of the laws, there appear to be no punishments for corporate crime, which is rife in Malaysia. Corporate crime hadn’t been thought of when the Shariah laws were written hundreds of years ago.
But with a rising crime rate and concerns especially over violent street crime, the issue caught fire with the Malay public, egged on by such Malay nationalist organizations as Perkasa. One United Malays National Organization source said UMNO members of parliament were being intimidated into agreeing to vote for it or being thought of as “bad Muslims” by the country’s rural population.
However, it has horrified the 35 percent of other races that make up the country’s polyglot population of 29.6 million. It also posed a huge problem for the Pakatan Rakyat, the three-party opposition coalition made up of the Chinese-majority Democratic Action Party, the moderate urban Malay Parti Keadilan Rakyat headed by Opposition Leader Anwar Ibrahim, and the fundamentalist PAS.
How much real political momentum was behind the measure is uncertain. PAS President Abdul Hadi Awang announced in April that he would introduce a private member’s bill in the Dewan Rakyat, or parliament, to pave the way for the introduction in Kelantan. Shortly after, despite the fact that PAS is an opposition party, Minister in the Prime Minister’s Department Jamil Khir Baharom told local media that the Federal Government would back PAS on the matter, an almost unheard of parliamentary action, especially in Malaysia.
Muhyiddin Yassin, the deputy prime minister, later proposed the establishment of a national-level committee to study the effect of the law, including bringing in experts from overseas, and that PAS and UMNO would participate in the formation of the committee. But three months later, no committee has been announced, and it appears unlikely that it will be.
There is some thought that the threat of backing the hudud bill was a subterfuge on the part of UMNO strategists because of its potential to split the opposition. Especially the Democratic Action Party headed by Lim Kit Siang and his son, Lim Guan Eng, were outraged by the thought of such a law, as were most urban Malays. Indeed, referring an issue to a committee is a time-honored and effective way to bury such a plan. The threat of implementation drove Chinese voters to stay from polls in an Perak by-election when DAP, in an effort to widen its appeal, ran a Malay candidate. Although she was attractive and intelligent, she lost.
The UMNO source said at the time Hadi Awang was considering introducing the bills that he feared the northern tier of Malay-dominated states would likely implement it on their own if it passed for Kelantan.
It was also to apply only to Malays and not the Chinese, who make up 23 percent of the population, Indians, who make up 8 percent, or ethnic groups in East Malaysia, most of whom are Christian.
But, as former Prime Minister Mahathir Mohamad – who became a prominent voice against enactment of the law, said: “There are Muslims and non-Muslims in our country. If a Muslim steals, his hand will be chopped off but when a non-Muslim steals, he goes to jail. Is that justice or not?"
Mahathir has been perhaps the strongest voice opposing any such law, ironically despite the fact that he has been a moving force behind the strident Malay nationalists who have been calling for its passage. It has once again shone a spotlight on Prime Minister Najib Tun Razak, who has once again backed away from taking a strong stance.
Najib stood in the presence of President Barack Obama while Obama praised the country as a modern, moderate Malay society, but he has sent contradictory signals. He has said there would be no hudud in Malaysia but at a meeting of a religious group in June, Najib said the federal government has never rejected implementation of hudud although there are “loopholes and shortcomings” that must be addressed. He called for a meeting of Islamic scholars to interpret shariah law to ”scrutinize and to exercise ijtihad (an Islamic term for independent reasoning) so that justice can be served.”
“When they ask Najib to stand up, he holds his balls and looks the other way,” said a longtime western observer who asked not to be named.
In recent weeks, a wider spectrum of Muslims has come out against implementation. Anwar, who himself has been relatively muted on the subject, has come out against it in force as well, telling the PAS contingent of his coalition that any attempt to pass it would wreck the coalition.
As Mahathir has said, although the law would apply only to Muslims, it sets up the specter of a dual class of punishments, with a Chinese, Indian or other minority facing perhaps two months in jail for theft, for instance, and a Malay facing the prospect of losing his hand. Adultery in Malaysia is rarely punished today for any of the races and although it is not talked about, it is rampant among the leaders of UMNO. Under hudud, ethnic Malays would face death by stoning.
Other Islamic organizations with a less harsh agenda have suddenly found their voices. That has included Sisters in Islam, whose executive director Ratna Osman said hudud punishments were not necessarily Islamic but instead were common in medieval society. Islamic Renaissance Front chairman Ahmad Farouk Musa questioned whether hudud is applicable in today’s society.
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