By Wong Chin Huat
1 Jun 2016, 7:55 am
Malaysiakini
What is misconstrued and misrepresented as hudud in public discourse in Malaysia may be better termed or understood as expansion of syariah law.
Syariah expansion has two dimensions: first, expansion of the jurisdiction of the syariah court to go beyond personal and family matters into hudud and qisas offences, so named after their punishments; and second, expansion of the court’s power to mete out hudud (fixed) and qisas (retaliatory) punishments.
Should syariah law cover non-Muslims?
While the second dimension has reduced the issue to ‘hudud’, the first dimension has defined the public debate so far because some hudud offences (theft and robbery) and all qisas offences (homicide and bodily injuries) may involve non-Muslims as criminals or victims.
This is where the dilemma lies: imposition of syariah law on non-Muslims would mean outright violation of non-Muslims’ religious freedom, while exclusion of non-Muslims would mean inequality by religion between Muslims and non-Muslims.
Continue reading “The evolution of the hudud debate”