The State of Kelantan, led by Parti Islam se-Malaysia (PAS) has approved the amendments to the Kelantan Sharia Criminal Code (II) (1993) unanimously at its State Legislative Assembly on 19 March 2015. This is the second time the law known as “Hudud” was approved by the Assembly after it was first tabled in 1993. The 44 members of the State Assembly, 31 of PAS, 12 of Barisan Nasional (BN) and one of the Parti Keadilan Rakyat (PKR) attended and voted for its approval. Since the approval, this divine law has received more criticism than ever, especially by the non-Muslims, liberalists and secularists, who rely solely on their whims and desires in determining what is right and what is wrong and what is good and what is evil. In this regard, Hizb ut Tahrir / Malaysia would like to assert:
1. Hudud constitutes only a part of the Sharia law under the punishment system of Islam (uqubat) which comprises of four categories – hudud, qisas/jinayat, ta’zir and mukhalafat. These systems must be implemented in its entirety. Besides uqubat, the Islamic system also encompasses of the ruling system, economic, social, educational and foreign policies; all of which must be implemented concurrently, without exception nor excuse.
2. Approving hudud by way of tabling, debating, discussing and voting, as had been carried out by the State Legislative Assembly (or Parliament) signifies placing the laws of Allah under the democratic process and subjecting it to the approval of man. This is categorically haram because the authority to make laws is vested only upon Allah سبحانه وتعالى and man is ordered to implement them, not vote to decide on their implementation.
3. The Sharia law must be implemented comprehensively (kaffah) by the country. Allah سبحانه وتعالى has placed the takalif (responsibility) and amanah (trust) on the leader of a country to implement His Laws in its entirety. Therefore, the government is obliged to implement the Laws of Allah comprehensively in every inch of the land under its authority and not absconding itself from the responsibility, while asserting that the undertaking rests on the state/province.
4. The efforts to implement hudud under a democratic system which contradicts Sharia has indeed opened a wide opportunity to non-Muslims, liberalists and secularists to oppose and degrade the law of Allah to the point of ridiculing and insulting the divine’s order. Their malicious reactions to hudud result from the idea of freedom and the reality of democracy in deifying the human intellect and denying the role of religion in regulating the life of man. In this regard, we urge the government to take decisive actions against those who insult Islam, although we do realize the impossibility of a secular government in undertaking such action, bearing in mind that both of them share the same mindset. O those who oppose the laws of Allah! Repent while you have the opportunity…before the day comes when you will, without any doubt, meet your Creator!
Finally, we reiterate our assertion that implementing Sharia law in its entirety is obligatory and it must be carried out in line with the Sharia rules – not by the deceptive democratic mechanism, which are moulded in the ways of the Kuffar West. It has now been more than 50 years that Malaysia have gained its independence but the government keeps on furnishing countless reasons for not implementing the Laws of Allah despite the realisation that the desire of Muslims to be re-governed by Sharia is getting stronger and stronger. It is about time that Muslims unite and intensify efforts to re-establish the Khilafah upon the way of the Prophethood which shall implement not only hudud, but the Sharia in its entirety and shall exalt Islam and its followers and abject disbelieve and its followers.
Abdul Hakim Othman
Head of the Media Office of Hizb ut Tahrir in Malaysia
Monday 3rd Jumada II 1436 AH
23/03/2015 CE
Ref: HTM/PR/002/15