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PAS: Trapped between a rock and a hard place PDF Print
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Saturday, 03 January 2009 13:19

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Malaysia Today interviews Dr. Dzulkefly Ahmad, the Member of Parliament for Kuala Selangor and the Director of the PAS Research Centre, to get his views on a range of controversies surrounding the Islamic party, in particular the Hudud and Islamic State issues. With the Kuala Terengganu by-election soon upon us, maybe it is appropriate we pick his brain to see what ticks.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Malaysia Today (MT): The Hudud issue has reared its ugly head again -- and with the Kuala Terengganu by-election looming over the horizon on top of that. What is your comment about this old but new controversy?

Dr. Dzulkefly Ahmad (Zul): Yes, I must admit I am very disturbed by this. But I hasten to add that I had anticipated this. Despite our constant reminders to all party leaders not to shoot ourselves in our own feet, I know the temptation is just too great -- especially when challenged in our own turf, in our own constituency, and in front of our own party members. You just can’t avoid responding or reacting to provocation. However, whichever way you respond, the mainstream media will spin it against you. They want us to be embroiled in this very precarious issue in the hope that the Chinese and Indian voters will reject PAS. Barisan Nasional’s spin-doctors are at work again. It is not that they are very smart but rather it’s just that we, PAS, are less savvy and keep doing the wrong thing.

MT: Could not Dato Husam Musa or any other PAS leader just avoid this very dicey subject of Hudud and the Islamic State, knowing that whichever way you respond they will ‘spin’ your reply and you still can’t win?

Zul: Going back to the debate, I thought we could have cleverly avoided this polemic and not get trapped into the Hudud controversy, yet again. The question asked was: would Pakatan Rakyat implement the Hudud law when they take over the Federal Government? YB Husam could have answered that it is for Pakatan Rakyat’s top leadership to decide, and his opinion is immaterial to the decision. Period.

But that is not how PAS would like to handle the issue of the Islamic State or Hudud. The issue is so ‘sacred’ to the psyche of PAS, especially of its leaders. This is what I thought PAS must learn to ‘unlearn’ and to think out of the box.

Let me continue my comment this way.

I almost believe that what seems to be reckoned and believed by PAS as their strength has now been demonised and twisted to almost becoming like their Achilles’ heel. But there is a catch here and every political analyst understands this. It’s both a boon and a bane or a disadvantage. It’s unique to a plural demography. Why? Given the demographic make-up of the Malaysian voters -- a scenario of 60:40 Malays-Muslims versus Non-Malays-Non-Muslims -- an issue like the Islamic State or Hudud is surely a “Double-Edged” sword for a party like PAS. Umno, in fact, has the equivalent to this in the Ketuanan Malay -- a double-edged sword that angers even component party members in Barisan Nasional but thought to be Umno’s sacred cow amongst the Malays.

MT: Why must PAS leaders allow themselves to again be dragged into this polemic? Some say that it may be better for PAS to just avoid the issue, as proven in the last General Election. What is your comment?

Zul: PAS seems to be of the opinion that we have to play to the Malay-Muslims gallery when championing the Islamic State/Hudud (IS/H) and ideologically contrast ourselves from Umno -- which is half-hearted or non-committal at best about the I.S/H, or worst, in opposition to it. PAS fears that should they fail to uphold and remain steadfast on both the IS/H, Umno and the Malays may accuse them of ‘compromising and betraying their Islamic struggle’, or of ‘kowtowing’ to DAP or PKR -- a position PAS wouldn’t want to place the party in and risk losing a bigger Malay-Muslim votes, including their core supporters in the Malay heartland states. But is this perception or fear founded or ever verified, or is it just a fallacy? That’s what I personally would like to know.

As for the Chinese and Indian voters, their support for PAS in the last General Election was essentially because PAS was able to allay their fears and anxiety about both the Islamic State/Hudud. Our ‘Inoculation Strategy’ of the party’s think-tank worked well to break down the prejudice and negative stereotyping, which was demonised by the mainstream media and, sometimes, admittedly reinforced by our own ‘misdoings’ -- like the of launching the ill-understood Islamic State Document (ISD) in 2002 that invariably caused the breakup of the Barisan Alternatif when DAP left the opposition coalition.

Looking back, while Umno/BN suffered a political Tsunami on 8 March 2008, PAS wasn’t sure it would be able to ride that wave and win big, unlike PKR and DAP then. PKR and DAP were confident of gaining from the swing. But not PAS. PAS only became a beneficiary when the party think-tank repositioned its political advocacy and messaging away from a ‘formative approach to a substantive one’. Rather than use jargons, terminologies that were exclusive and, in fact, were marginalising others -- and above all least understood by voters, which made us look like the ‘unelectables’ -- the party think-tank was firm and relentless in making sure that PAS’s message is inclusive, comprehensible and appealing. Hence, we came with a manifesto “A Clean and Trustworthy Government - A Nation of Care and Opportunity”. And we came up with the tag-line - “PAS for All”. Yes, we benefited because we knew what to say and how to say it.

MT: Are you saying that PAS will not be able to sustain the support of the non-Malays-non-Muslims if it is to take this path of sending wrong and conflicting signals?

Zul: Frankly, I must admit it is tough, especially when, time and again, we are caught by our own rhetoric and perceived as inconsistent and always taking a ‘flip-flop’ position. So we have to revisit our ‘political messaging’ and 'political advocacy', once and for all. Sometimes I can’t avoid contemplating taking the issue head-on or taking the bull by the horns, so to speak. But doing so when very close to an election or a by-election may not be wise. I am sure that the bigger Chinese and Indian constituencies are beginning to realise that Umno and its media are using these issues of Hudud and the Islamic State as ‘bogeymen’ to frighten them into rejecting PAS, in particular in the Kuala Terengganu by-election.

I sincerely hope it will soon be over -- with the help of the alternative media like Malaysia Today -- and a new 'knowledge-politic' will begin to emerge. Until such time, PAS leaders and members must learn how to exercise restrain and tact. This is extremely crucial. PAS needs the support of the non-Malays-non-Muslims. We can’t make it with just Malay-Muslim support. This, no one can deny. Not even PAS thinks it can make it with just Malay-Muslim support. Yet we keep saying the wrong things, much to our own detriment.

MT: You have said, on other occasions, that Islam is not just a matter of Hudud, Qisas, etc., which would be a legal reductionism of a larger concept into punitive legal matters -- or in short about punishment and punishing people. How would you like others, especially non-Muslims-non-Malays, to understand PAS as a political party that they should consider supporting?

Zul: PAS is unique, in that it is both a political party and an ideological one. The ideological commitment is Islam. Islam is our raison d’eter, our reason of being here. In a mixed-demography like Malaysia, this is almost like a political non-starter, many may argue.

While PAS may be in a position to win a few states, even on their own, PAS is nowhere close to getting power on our own at Federal level. The question of PAS taking the federal government is academic and hypothetical, given Malaysia’s demographic make-up.

Hence, PAS must be in a Coalition with the other component parties of the Opposition. Well, it is not just about being smart, expedient or pragmatic, but it is now almost mandatory to be in one Grand Coalition to take on Change and Reform in Malaysia.

I could go into great detail in arguing and debating from a Syariah point of view -- with regards to the wisdom of the Islamic Jurisprudence (Maqasid Syariah) -- that being in a Political Coalition, or Tahaluf Siyasi in Arabic, with our Pakatan Rakyat partners is not only permissible but almost enjoined by the Syariah. I have no qualms in admitting this. There is an authentic prophetic tradition on this and the ‘Siyasah Syariah’ or Syariah-Driven Politics enjoins this approach. We are truly a plural politic in a plural society. There is no other way towards achieving government save through Power-Sharing (Tahaluf Siyasi) and understanding the demands of Plurality (not meaning Pluralism).

Bearing in mind the supreme purpose of Syariah is Justice (Al-‘Adaalah), and that Justice is the largest common denominator of the three parties in Pakatan Rakyat, PAS must remain focused on this noble goal. PAS must also place the principles of achieving Good Governance (Al-Istikhlaf) and Wellbeing for All (Al-Isti’mar) as critical cornerstones of a new nationhood. All these are Quranic concepts are both universal and inclusive. These principles are in consonant with the aspirations of PKR and DAP.

Of course you have other shared visions as enshrined in the Federal Constitution as in Rule of Law, Fundamental Liberties, etc.

MT: So what would you describe as PAS’s main thrust in your political message and political advocacy as a member of Pakatan Rakyat?

Zul: Simple and plain. PAS must state in very categorical terms that these are our shared objectives and visions in Pakatan Rakyat. While Hudud is important, as enjoined and to be enforced only on Muslims, right now the people are not ready. The focus must first be on Justice and Good Governance, and maybe we revisit the subject of Hudud and the Islamic State some years down the road, if that is possible -- which may never be possible considering the demographic makeup of Malaysia.

So you move away from representing Islam as being a corpus of legal prescriptions that are only aimed at punishing people. Your rhetoric no longer hinges on the claim that Islam is going to solve all social problems and abominations through punishing them – meaning through the punitive laws of Hudud, Qisas and Ta’zir. You indeed put an end to reducing Islam as merely aimed at criminalising and prosecuting people and break that negative stereotyping and biased perception.

You reposition Islam as a Liberating Force of Democracy providing Justice for All and of ending injustices, both socio-political, economic and religious You then stress on the role of Islam in nation-rebuilding and being part of a constructive engagement to end all excesses of corruption and mismanagement of the national wealth and resources.

If later, however, the Malay-Muslim constituency demands the implementation of Hudud, etc., this must only be done within the ambit and in the due process of law and legislation of the country and not otherwise. But again, the Islamic punitive laws shall only be enforceable on Muslims. Period.

MT: Why must PAS take it upon themselves to defend and champion Hudud? Couldn’t PAS share the burden with others?

Zul: For the record, the PAS governments of Kelantan (in 1993) and Terengganu (in 2003) had passed the Enactment of Islamic Penal Code or Criminal Laws, both Hudud and Qisas, and rightly endorsed by both Sultans, being the head of state and of religious affairs. It was the then Prime Minister, Tun Dr Mahathir Mohamad, who rejected its implementation and strongly reprimanded the state governments after earlier giving his consent, as reported in the mainstream media (19th and 25th April, 1992). So PAS must be absolved of politicising Hudud since PAS has ben both serious and consistent. The stumbling block is Umno and it is now Umno that is again making a political meal of this issue.

However, PAS must no longer take it only upon themselves as to the implementation of the Islamic Penal Code. It must be shouldered by all Muslims from all divides. The onus and responsibility should be on all! In so doing, PAS will cease to be the Champion of Hudud, while similarly not being burdened in suffering the backlash every time the emotive subject is brought to the fore by its political nemesis.

PAS should highlight to all that it’s the Umno/BN government that is stifling the effort to have the punitive laws of Islam enforced on Muslims. That’s the greatest political advantage and PAS could remain focused and consistent in championing the more important issues of the nation, together with its coalition partners in Pakatan Rakyat.

Comments (48)Add Comment
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written by Motherchell, January 03, 2009 13:55:00
Dear Pete, Its very true what he means , and they have been misinformed to the landscape by the tyrants-UMNO .
I almost believe that what seems to be reckoned and believed by PAS as their strength has now been demonized and twisted to almost becoming like their Achilles’ heel.

Looking at the converse All should be able to work with PAS anytime no matter how sensitive an aspect can be. Time will tell we can ! The faith in the people if you take a count 1---100 . The majority will want Pas!
All these rhetorics have never been directly from PAS -- but from the Minister for Newsprint who doesn't know the difference between a paper and pencil .
Great piece Pete, as we get it from the horse's mouth -- and one more thing PETE! --- I'm impressed by the way the Leaders of PAS rebut. Very erudite! KUDOS! Some thing you can never find in the UMNO cave.
http://sjsandteam.*********.com/
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written by SamSan, January 03, 2009 13:58:54
The likelihood of PAS winning the KT seat back is very strong given that UMNO/BN made the biggest mistake in their strategy of not nominating the best candidate which is Saiful. It will be difficult for Saiful to campaign his dobor infiltration by Anwar through jampi means if BN/UMNO don't have confidence in fielding him to prove the point that Anwar is a sodomist who uses tremendous jampi powers, which has been confirmed by the police as consensual sodomy.
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written by Clive, January 03, 2009 14:08:23
I dis-agree Ketuanan Melayu, either Ketuanan Islam, I support Ketuanan Rakyat.
I agree "Give everyone a chance" by PAS, but I dis-agree with Islamic State.
I agree with help the poor, but I dis-agree with "Pamper" the poor, and majority.
Let talk out of Malaysia (Global), because we need good economic to drive Malaysia, not pampered people in Malaysia....
Sorry to the pampered communities...but let face the truth.
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written by clarity, January 03, 2009 14:17:23
They were probably overcome by the measure of success in the 08 election to so unspontaneously bring up the issue of Hudud forgetting the the fact that that success was acheived through side lining the said issue.
It all boils down to we need you and you need us. For me, just to get rid of the evil umno, I'll vote for anybody else.
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written by Lembing, January 03, 2009 14:41:35
Dr. Dzulkefly Ahmad 's views and opinions are sensible. If all PAS leaders have similar views like Dr Ahmad's, PAS will definitely win over a substantial number of Non-Muslims votes.
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written by ahmadneil, January 03, 2009 15:06:13
I hope PAS wouldn't be a black sheep of the family.
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written by cruzeiro, January 03, 2009 15:17:14
It isn't that I oppose the spirit of Hudud per se - but I do not understand what is so "unIslamic"/kafir/jahilliyah with common law which has created dynamic societies and defeated outdated societies of the caliphates (other than what they claim the good book says). That too, when many a Caliph/ "Islamic" leadership ascended their "thrones" in less than ethical ways.
Why can't the PAS leadership stop using religion as a divide so as to achieve their ambitions of political power. Are they so bankrupt of ideas, that they have to keep harping on Arabic literature the unethical leaders of medieval times, just because they used sacred literature to justify their ideas?
Do they need to speak in unintelligible Arabic tongues to hoodwink the peasants?
They seem to be so focussed on Arabic culture/ "Islamic" laws and edicts, that they forget about instilling positive "values" through modern, progressive and scientific education.
The negative connotations of their insistence on dogmatic religiosity/ politics, does nothing to increase their stature as leaders who are in touch with the socio-economic realities of the 21st century.
Have they forgotten what "theology" is all about in preaching religious politics, or are they trying hard to be what RPK might've implied?

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written by renoir, January 03, 2009 15:17:36
Zul is a highly effective communicator and he should write more his views on Islam for M-T readers. Too many readers have been brought up on an anti-Islam diet that only served to reinforce the political/cultural fragmentation of Malayians. I recall a few posters here who used to make highly self-assured declarative statements in the non-existence of Muslim intellectuals, so much so that I'd to disabuse such an idea with detailed postings of thinkers from Avicenna to modern-day giants such as Abdul Kalam and Ahmed Zewail. Malaysians seldom realize the debt modern day social science owes to Muslim thinkers such as Ibn Khaldun, or the fact that Said - he of Orientalism fame - came from a region infused with a long tradition of abstract thought.

Good interview and let's have more in the coming days.

LChuah
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written by cruzeiro, January 03, 2009 15:18:46
Here is what Aliran wrote in 2002:-

10. Is there a chance that Hudud may overstep the legal rights of non-Muslims?

In all likelihood it will. As Malaysia is a plural society and where the concentration of one ethnic community is not necessarily confined to one region or state there are bound to be clashes and overlaps in application. For example in any crime the victim and perpetrator may be of different religions. If the alleged rapist is a Muslim and the victim is a non-Muslim, there will be the question as to under what law the charge would be brought about. Under Hudud the alleged male perpetrator may stand to gain because of the impossibility of getting the testimonies of four Muslim male witnesses. Under Hudud, Muslims who commit robbery of property that is valueless in Islam e.g. liquor or entertainment equipment will have a chance of escaping any prosecution. In another worst-case scenario, such as in an incident of gang-rapes, where there are multiple perpetrators and victims (comprising Muslims and non-Muslims), eye-witness accounts of the rapes which may be offered by the victims would not be admissible as evidence as they may not be Muslim and male. In all of these hypothetical cases non-Muslims will stand to see justice taken away from them.

11. What effect will Hudud have on race relations?

The bleak scenario is that Muslim and non-Muslims will be forcibly divided not just in the cultural and social sense but in a legalistic sense too. A parallel legal system established exclusively for Muslims will lead to the enhancement of structural discrimination, where race and religion (and gender) can be legally invoked to justify unequal treatments and other unfair provisions in society. Eventually it will also lead to a geographical divide between Muslims and non-Muslims where one can expect an exodus of non-Muslims to more “non-Muslim” states or even emigration abroad.

17. What is to be done?

It will be difficult to repeal any law once passed. The strategy of stalling the implementation of Hudud (in the Kelantan case) is only temporary. If PAS manages to win the overwhelming support of the Malay electorate there will be less of a reason to postpone the implementation of the law.

On a long-term basis the struggle to repeal Hudud law must involve the struggle to repeal all draconian and unjust laws, whether passed under religious or secular guises. All laws that violate the principles of human rights and equality must be abolished. The movement to institute human rights is not necessarily western-oriented. It is as much a cultural need to want human dignity to be protected as it is a universal obligation to appreciate the rights of a community to cultural and religious practice. However, ultimately we must recognize that the greatest rights worth defending are rights that are invoked purely on the basis of us being humans. Which means equal treatment, equal access to opportunities and equal dignity for all, regardless of religion, race, class, nationality and gender. The only viable movement in this direction would be to restore our democratic institutions and push for a genuine regime of human rights.

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written by cruzeiro, January 03, 2009 15:20:10
Given the above mentioned scenarios, Hudud is anything but a fair law in a plural society and is divisive in nature - and thus would lead to a sectarian divide and conflict, and the demise of Malaysia as we know it.

I appeal to the PAS leadership to refrain from exploitative political tactics using medieval laws & dogma, and transform itself into a pragmatic and progressive political ally in the Pakatan Rakyat for the good of the nation.
For the good of a dynamic and progressive Malaysia, please drop the Hudud & Islamic State rhetoric.
There is nothing but honour in giving up regressive ideas based on medieval laws which may be divine only in part. If it is divine, then IMHO, its divinity stops when references may be from man made texts/literature of the Sunna/ Ijma/ Qiyas, which the different Sunni or Shiite schools of thought may interpret differently. Denying human frailties in interpretations are characteristics of "Godmen Politicians" and would be very unbecoming of true "men of God", whichever school of thought they may belong to.

Let us learn to articulate our ideas well, embrace various philosophies and refrain from the arrogance of claiming to have the monopoly on truth and justice. Let us inculcate positive values/philosophy (which can be Islamic and Universal) into the hearts of people, without having to merge religion/church and state.
There are many things about which PAS needs to "level" with the general public, despite its laudable cooperation in the Pakatan Rakyat. However, for now, should I be a KT voter, come what may, I'd still vote for PAS over any BN candidate, considering the nature of the Umno/BN regime.

To me PAS is still a better bet - at least for now
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written by singam, January 03, 2009 15:30:28
The PAS dilemma is that, as an Islam-based party, it is their responsibility to promote Islamic government, which includes hudud. Obviously, that is a major challenge in a plural society.

But then, the UMNO raison de'etre is the championing of Malay supremacy, and that too should fail in a just plural society. The only reason it has become entrenched is because it crept upon the populace and is being sustained by force.

Islam has much that is beautiful to offer to the world. Unfortunately, only that which is ugly and frightening is being demonstrated. And voices of Muslim authority have failed to denounce atrocities committed in the name of Islam. As a result, non-Muslims will reject any attempt at Islamisation without pausing to think through the issues. PAS leaders need to realise this.

Instead of thinking of how to present themselves and spin their story, PAS leaders should think about how to demonstrate the beauty of Islamic governance, beginning with the way they think of and relate to kafirs. Early steps were taken in the wake of the 8th march tsunami when PAS leaders visited non-Muslim places. Do more of this. Embrace your non-Muslim brethren the way you have been taught to do and reassure them that they have nothing to fear.

Don't do this only when there is a by-election. Make this an all-year program. Appoint full-time persons to address this matter.

And for God's sake, educate ALL PAS members that kafirs are NOT the enemy. Help us feel comfortable with your mission of justice.

Wassalaam.
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written by Milo, January 03, 2009 16:55:58
Singam about sum up most of what are the issues and what need to be done for PAS to breach the gap. Here are some added points.

1. PAS should learn to be more emphatic towards its non-muslim supporters. Hudud, for instance, is a Islamic religious law. For that reason alone, it demands understanding that it is not just about "being a good law" (especially, if that judgement comes from a bias source - muslims themselves). Just as Muslims would not be able to willingly submit to the religious laws (even some customs and food) of other faiths (even assuming they are just laws), it is not unreasonable for the believers of other faiths would likewise not feel comfortable to submit to the religious laws of the Islam tenets. So why force the issue?

2. If Islamic laws are for the muslims only, why is there a need for declaring Malaysia an Islamic State? Since no non-muslim in Malaysia has the slightest intention to either interfere in this matter of belief, law or implementation af Islamic Law applies only to muslims, the Islamic State concept is only relevant if it is about a show of power, i.e. there is a need to show Ketuanan Islam. To many non-muslims (bearing in mind this is a religious issue, not just a matter concerning justice), this can be as bad if not even worst than the Ketuanan Melayu concept. Is there such a need? The special place of Islam, just like the special place of the malays, is already a guaranteed item in the constitution and in practice. So there is really no need at all to irritate others by over accentuating Islam importance over the non-muslims. If this is PAS's primary struggle, I am afraid it is a basic flawed position that must be corrected. If not, I postulate this will always be a cause for concerns, even after PKR has won the federal seats.

3. Consider the real problems and their causes in the Malaysian context. If the BN leaders had not been so laced with corruption and arrogance, causing the whole system to collapse, the present laws with only some adjustments, are more than adequate to lead us well on the way to be an excellent country - a paradise in the making. So we should not be hasty into jumping into a wrong conclusion that we need a completely new set of laws to govern the country as envisaged by PAS in the Islamic State and hudud concepts.

Permit me to suggest that EVEN if PAS managed to wriggle through the maze of hindrances and successfully implement these Islam concepts, the result for both the muslims and non-muslims may not be a blessing, from the humanistic point of views. Musch as PAS leaders will deny these, an unevolvable law such as Hudud, will require the people to adjust to fit the laws rather than the other way round - even when the laws are bad or are outdated with time. The ones to suffer will not be the leaders but the ordinary people subjected to these laws.

PAS, please be sensible! Drop the Islamic State concept!
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written by Dominic, January 03, 2009 17:23:06
If Muslim malay keep marrying 4 and haveing lots of children at the expense of tax payers money, Sure Malaysia will have no problem getting 2/3 majority to become Islamic Nation ala Middle East.

The question is What are the rest of Non Malay bumiputera going to do about it?

Thanks to Allah, economic crisis will make these Supreme race think properly before having a child and have the ability to feed them and give them a Quality of life to assist with Child development instead of becoming Mat REMPIT.

Never Forget Malaysia is a Secular Nation. If ever they want to change the constitution, All Rakyat need to make sure there is also the vote for Autonomy, Separation. After all if these Malays Muslims cannot keep Islam as a religion of their heart, then over my dead body will I tolerate a Malaysia in its current form.

Don't be trick into the lies and trickery of the Islamic Ideological Dream. Where was the Protest when the Taliban did a Suicide job on the Children of Afganistan killing 15 recently. There lies the problem with Islam UMNO-PAS in Malaysia.

MUNAFIK, MUNAFIQ!!
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written by *********, January 03, 2009 17:48:04
I really don't understand how else to explain the rationale of banning the Bahasa Malaysia publication of The Herald when the Kesatuan Pekerja-pekerja DBP, Dewan Pemuda PAS, Persatuan Linguistik Malaysia, Angkatan Belia Islam Malaysia (Abim) and Gabungan Mahasiswa Islam Semalaysia (Gamis) are going to organize a BERSIH style mammoth 100,000 men rally to protest the use of English to teach Math and Science. These guys, if they are sincere should also demonstrate against the Evil BN/Umno regime for banning the Bahasa Malaysia section of The Herald. Infact, they should be proud of the Catholics for standing up for the National Language. Let's hope the organizers said to be headed by former DBP Director Dr. Hassan Ahmad includes The Herald issue in their Memorandum to the King...More http://*********.********.com

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written by quietguy, January 03, 2009 17:57:02
The article cruzeiro quoted is totally false. The Hudud law requirement for witnesses is only for Zina (fornication). Rape is not Zina and does not fall into Hudud.
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written by Super Admin, January 03, 2009 18:05:21
cruzeiro, death by hanging like in Malaysia (when someone places some bullets in your car) or by firing squad like in China (when someone makes a report saying that you collected bribes) maybe would be better would it not? Don't know how to reverse those as well though.
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written by cruzeiro, January 03, 2009 18:28:44
written by Super Admin, January 03, 2009 18:05:21
cruzeiro, death by hanging like in Malaysia (when someone places some bullets in your car).
==============================

Nobody said ISA, or banning of publication in BM, was just or Islamic either ....
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written by Loh, January 03, 2009 18:31:15
///Given the demographic make-up of the Malaysian voters -- a scenario of 60:40 Malays-Muslims versus Non-Malays-Non-Muslims -- an issue like the Islamic State or Hudud is surely a “Double-Edged” sword for a party like PAS. Umno, in fact, has the equivalent to this in the Ketuanan Malay -- a double-edged sword that angers even component party members in Barisan Nasional but thought to be Umno’s sacred cow amongst the Malays.///-- Dzul

UMNO’s ketuanan Melayu concept is condemned because it has gone against the interest of justice and fairness which is not only against the concept of basic human rights, but also it goes against the teaching of Islam. UMNO made Malays believe that through numbers they are able to claim unfair advantage for Malays and they have not explained that these are all against the teaching of Islam. So, UMNO’s stand on Ketuanan Melayu is not Islamic.

PAS does not have to appeal to Muslims to be more Islamic than Muslims who are in countries which are not run under Hudud laws. There are two billions Muslims in the world, less that half of them are in the Middle East. But are they governed under Islamic state, I wonder. Is Pakistan adopting Hudud? How about Turkey?

If Hudud relates only to punishment for crimes, then those who are Islamic law-abiding Muslims will not be any less Islamic in practicing their Islamic faith when some Muslims committed crimes did not meet the full punishment under Hudud as expected of the Islamic faith. Yes ideally Muslims want other Muslims who are practicing the same faith to be totally committed so that they would not reflect badly on them as Muslims. But to fight for that purity, and then end up to have the nation ruled by UMNO which not only does not follow the spirit of Islamic teaching in its government, but the leaders even corrupt the makeup of the Malay community through the inclusion of NEWMalays as Malays.

PAS should take a long term view to make Muslims accept that because of the make up of the mixed population in the country, the truly religious Malays should realise that they might lose more in trying to gain more purity for practising Muslims in the country. PAS members should realise that UMNO in changing the population ratio in the country through inclusion of NEWMalays corrupts the purity of Malay race in the process.


///If later, however, the Malay-Muslim constituency demands the implementation of Hudud, etc., this must only be done within the ambit and in the due process of law and legislation of the country and not otherwise. But again, the Islamic punitive laws shall only be enforceable on Muslims. Period.///-- Zul

If PAS accepts that Hudud is only for Muslims, then it should clarify that in future Syariah court include Hudud, rather than planning to turn Malaysia into Islamic state.
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written by cruzeiro, January 03, 2009 18:33:36
BTW quietguy,
You should at least give them credit for the hypothetical scenario of theft of priceless wines/liquor, which are of no value, under Islamic law - and hence not a crime, huh
smilies/wink.gif smilies/wink.gif
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written by cruzeiro, January 03, 2009 18:38:14
BTW superadmin,
I might be able to extract some delight in seeing many industries booming ...
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written by nana tanjung, January 03, 2009 18:52:00
written by cruzeiro, January 03, 2009 18:30:12

written by quietguy, January 03, 2009 17:57:02
The article cruzeiro quoted is totally false.....
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Maybe a Muslim should sue Aliran for "insulting Islam" too!!.



Let be sensible and realistic...you don't sue on everything. You try to be gentle and don't even threaten to sue..unless, of course if you're Karpal Singh.

Cruzeiro, rape is not under hudud, as clearly pointed out to you. It falls under Taa'zir, which is very much in coherent with our existing penal code.

There is no need to deflect the clarification to the age-old Aliran's article. Why not be gentle and humble and just say "I stand corrected!!!"
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written by cruzeiro, January 03, 2009 19:59:54
Okaylah Nana,
So be it.
I stand corrected ....
So now I ask - under the (Islamic)laws proposed/ prescribed by PAS, as the solution to all the ills that plague the nation, wouldn't Taa'zir as you say it is, be implemented as well?
If so, would justice be served?
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written by ibabonma, January 03, 2009 20:12:50
Dr Zulkefly, are you so sure that your supporters in the Malay heartland states support Pas primarily because of Hudud? This I quite doubt because everywhere peoples just hate UMNO and their goons. Say, without Hudud; Pas can still be a winner with the support of the non-Muslim.
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written by ultraman_dyna, January 03, 2009 20:50:29
Misinformed souls,

Many practising Muslims in Malaysia hold matters relating to Islam very close to their heart. Malays in the 50s was 'westernised' but now are slowly falling back to the principles of Islam. Yes, I agree with you if there is an overlap between Hudud and Common Law will create a problem. Any problem can be solved with a bit of effort. Many of your so call theories and scientific discoveries were pioneered by Muslims scientist when your so called modern civil societies were still in dark ages.

Technologies can always be presented to the court as an evidence for any criminal act committed by the offender. If you have a CCTV recording or sex tape, I don’t think you need 4 witnesses anymore. I’m not even sure if you really need 4 witnesses to prove beyond reasonable doubt the person committed adultery with forensic science and modern methods available.

Why are we taking Afghanistan and other 3rd world countries as a benchmark for Islamic countries? Islam puts women before men. The Prophet p.b.u.h reminded every Muslim that the person whom you should respect the most is your mother which is a woman. If you need to choose between going to war and caring for your sick wife/mother the latter is more important. Afghan men do not respect their women. They are not following the principles of Islam. So please do not say Afghanistan is an Islamic country.

How many Muslim men have more than 1 wife in Malaysia? Our Prophet married widows because their husband died in the many battles. It’s not a Sunnah for Muslim men to marry young sexy chicks because their first wife looks like a man with veil.

The last time I read the Al Quran, I didn’t see Aliran’s name mentioned in it. Why are some quoting Aliran ‘kuno’ interviews? Is it speaking nothing but the truth? Please find a more credible source to find the truth about Islam. There is no harm in researching for the truth.

Fairness, equality and justice are cornerstone of Islam. Islam means peace. A lot of matters made complicated in Malaysia not because of Islam but the evil in individual.
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written by ultraman_dyna, January 03, 2009 21:03:39
Stealing is stealing.Period.If it weighs/value more than certain amount of gold, chop chop time. But if the pencuri is poor and hungry like the small girl in Kangar who made the news, she will not be punished because her society let her down. Her neighbours will stand and answer before God why they did not help the poor soul. Maybe Malaysia should have a better welfare system like western countries. Criminal rates are lower because the poor have their basic needs taken care off. Higher taxes but few criminals. Most of them agrees it seems here.
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written by InEffective, January 03, 2009 21:14:09
nicely put - Dr Zulkefly.

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written by hellosunshine, January 03, 2009 21:31:19
Some of Cruzeiro's Aliran observations are valid and the real concern of the non Muslims.
I occasionally buy 4 nombor ekor, visit the pub/karaoke for drinks with friends or Genting once in a blue blue moon and frankly, I do not want the potential for another religion to control and deprive me of my rights as a non Muslim even tho' I might rarely exercise that rights.
PAS' spin doctor may now sing another tune but deep inside PAS, it's ultimate goal is still IS/H when the time comes. Time and again recently, their actions have proven them to be contradictory.
Walk the talk for a few years and maybe then I'll believe in PAS.

smilies/wink.gif
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written by cruzeiro, January 03, 2009 21:39:59
Dear ultraman_dyna,
Much of what you say makes plenty of sense, and I'm inclined to agree.
And I'm sure The Prophet married for very valid reasons - an opinion which may be debatable to some. But I shall agree with you, as that isn't the issue here.

Also, the last time I read the Al Quran (translation lah- in full, about 15yrs ago - look forward to roud two, one of these days), I too didn’t see Aliran’s name mentioned in it. Anyway, what do I know about Islam, right?
Thanks for the enlightenment, anyways!!smilies/tongue.gif

Unlike you who seem to be more enlightened, many a Muslim I know haven't moved with time (relatively speaking), where certain things you mention are concerned. With so much technology at our disposal, I'm sure that it's imperative that we use it - especially when we want to divorce thru an sms "talaq tiga" (Unless I'm mistaken, for which I apologize - I think some schools of thought accept that).

However, it is sad that you don't see the relevance of an opinion from citizens on Aliran.
What was so false about what it (Aliran) said, anyway - other than the fact that they may have erred in saying that punishment for rape comes under Hudud, instead of Taa'zir?
The references for the article I mentioned above is taken from Shad Faruqi, Asma Jahangir, Rose Ismail WCC & "Sabiha Sumar and Khalid Nadvi (198smilies/cool.gif, “Zina: The Hudood Ordinance and its Implications for Women”, Women Living Under Muslim Laws Dossier 3, June/July.
Link to the site is here http://www.aliran.com/oldsite/monthly/2002/6e.html

Maybe the authors are stupid or simply a misinformed soul advertising their ignorance thru academic papers - so be it.
Whatever your opinion may be, in the big picture, it still comes under Islamic Jurisprudence anyway - doesn't make that much difference to those in the dark about it.
Do enlighten me - after all, Dakwah is compulsory. (I'm serious okay - I don't mean to be sarcastic or anything here)

Cheers, Mate!
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written by gurkha_malaya, January 04, 2009 01:30:00
all malaysian are invited:

www.saudagarsenja.********.com
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written by Milo, January 04, 2009 04:11:57
But that is not how PAS would like to handle the issue of the Islamic State or Hudud. The issue is so ‘sacred’ to the psyche of PAS, especially of its leaders. This is what I thought PAS must learn to ‘unlearn’ and to think out of the box.
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It is so easy actually (if it is true that Hudud and Islamic laws are meant only for muslims), all PAS need is to state something along this line:

"In Islam, we respect other faiths, and just as we cannot make every country in the whole world into Islamic States, and we expect to be treated the same way in ocuntries where muslims are minority, we must honour our social contract with our brothers and sisters who lived with us in Malaysia as it would be unislamic to break a promise. As long as all muslims in the country adhere to Islamic tenets, we have a real Islamic State within the muslim brotherhood, and that is better than officially declaring it on the country as it is not about power and control over others that PAS seek, but about setting through good examples through our the collective actions of the Muslim brotherhood by getting muslims to follow the Islamic tenets. We are confident that if our community follow the tenets laid down by our Prophet, and set a good examples, we will eventually and truely win others over without force or coercion. In taking on this new approach, PAS have demonstrated that muslims are progressive minded and willing to alter our approach without selling our principles that are so sacred and dear to our heart. I am confident this new direction of PAS guided by the hands of Allah, it will help us realised the dream we have set out to achieve."

Will that do? Or, the followers still have reason to rebel?
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written by Milo, January 04, 2009 04:25:20
A more refined version:

"In Islam, we respect other faiths. We are a religion of peace. So even as we in PAS seek to establish an Islamic State, we must explore ways to do so in a way that is just and Islamic. Just as we Muslims cannot make every country in the whole world into Islamic States, and we expect to be treated with the same respect in countries where muslims are the minority, we must honour our social contract with our brothers and sisters who lived with us in Malaysia. So here is our new approach for PAS to take to establish an Islamic State in Malaysia. This new approach is taken after care considerations, and through our delibrations it has dawn on us that as long as all muslims in the country adhere to Islamic tenets we have a real Islamic State within the muslim brotherhood. This in our opinion is better than officially declaring our goal on the country as it is not about power and control over others that PAS seek. It is about setting good examples to others the superiority of our practice through our the collective actions of the Muslim brotherhood. We are confident that if our community follow the tenets laid down by our Prophet, and set a good examples, we will eventually and truely win others over without force or coercion. In taking on this new approach, PAS has demonstrated that muslims are progressive minded and willing to alter our approach to our goal without selling out on our principles that are so sacred and dear to our heart. I am confident this new direction of PAS guided by the hands of Allah, it will help us realised the dream we have set out to achieve."
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written by Milo, January 04, 2009 04:43:22
I think this is a better version still:

"In Islam, we respect other's faiths. We are a religion of peace. So even as we in PAS seek to establish an Islamic State, we must explore ways to do so in a way that is just and Islamic. Just as we Muslims cannot make every country in the whole world into Islamic States, and we expect to be treated with the same respect in countries where muslims are the minority, we must honour our social contract with our brothers and sisters in Malaysia, as we seek our goal. In thinking over our goal and our approach to realising it, it has dawn on us that the concept of Islamic State is principally about getting muslims to practice Islamic tenets in a conducive environment. It is this realisation that drive us to rethink our approach in reaching our goals. There is a better way that having to forcibly declare the country an Islamic State. Afterall, it is not about power and control over others that PAS seek. It is getting muslims to grow religiously and to progress in the name of Islam. It is about setting good examples to others and in doing so demonstrate the superiority of our practices to others. We are confident that if our community truely follow the tenets laid down by our Prophet, and set a good example to the world and our brothers and sisters here, we will eventually and truely win them over without force or coercion. In taking on this new approach, PAS will also demoonstrate that we muslims can be progressive minded and we can adjust our ways without selling out on our founding principles. I am confident with this new direction of PAS, and guided by Allah, we will soon realise our dream of a truely Islamic State."

Hope it is of help to PAS.
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written by AsamLaksa, January 04, 2009 04:43:52
PAS' principle on justice and social welfare based on Islamic principles I can accept. But full literal application of some aspect of hudud I can't. Who needs hudud anyway? Just apply the principles that hudud is based on and you can have justice. As I said before you do not need hudud, charter of Medina and whatever. Simply make just laws that fit today's values.



In regards to rape, I would like to know what does Islamic law say on statutory rape? Is there even a statutory age of consent? If a minor had voluntary sexual contact with an adult would the minor be liable for zina (assuming the evidential burden is fulfilled)? What would be the mitigating circumstances that would shift the liability to society?

In common law there is a presumption of no liability for omission whereas in the points raised by Ultraman_dyna places liability for society to act to correct social inequalities. Would the case of underage sex be mitigated because the minor was so poor and selling services? Anyway, common law already gives judges discretion in passing sentence where certain circumstances of the perpetrator may be reduced or altered to serve justice. What common law lacks is to impose liability on others for the wrongdoing of the perpetrator.



There are many ways to make society better. It doesn't all have rely on hudud. Just make just laws and enforce them. Justice based on Islamic principles can be established without hudud. So I urge PAS please forget hudud even if you get the majority needed.
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written by Milo, January 04, 2009 05:10:54
Agree with AsamLaksa.

We should apply the "substance" of justice in the hudud or whatever law, and not focus on the form. We can easily get consensus from all on modifying common law principles or what ever law we have that are defective and cement them (even) with hudud law if it is appropriate. Why the need to be obsessive with the name "hudud", and in a similar vein, the Islamic State concept? The focus is all wrong from the start. We should be obsessed with "Justice" for the people and not the "Label" of the law, especially if the label has religious connotation and can be sensitive. I am sure Allah is more concern with the principles of hudud rather than the name hudud itself, if his laws are to be implimented.
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written by AsamLaksa, January 04, 2009 05:34:49
Milo, I have often said of a government that practices good governance and protect and promote human rights and I will support it. You can call it Islamic state, secular state, pariah state, whatever, I do not care as long as it is good. But when I mentioned that I may support an Islamic state in such a circumstance, I was called an Islamist. Wow.

Many are playing with labels. It's the sign that these people do not fully understand what they are talking about (including myself at times but hey I am still learning). I have received many labels from my postings in MT such as a Malay-supremacist, Muslim, UMNOputra and anarchist to name a few when all I am is simply AsamLaksa (which was actually chosen with reasons). I should start collecting these labels.
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written by Milo, January 04, 2009 05:44:39
PAS must remain focused on this noble goal. PAS must also place the principles of achieving Good Governance (Al-Istikhlaf) and Wellbeing for All (Al-Isti’mar) as critical cornerstones of a new nationhood. All these are Quranic concepts are both universal and inclusive. These principles are in consonant with the aspirations of PKR and DAP
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Please bear in mind that is a law is universal, it cannot be an exclusive claim of any party or religion, just as the law of gravity is not exclusively belong to any one. Even the founder, Newton, can only claim to "discover" it. So why the need to brand these laws and principles Islamic? You see, PAS created these problems (and I am glad Dr. Zul acknowledged responsibility. He is truely one of the rare PAS leaders). The solution is to de-brand the law, extract the principles that can be universally accepted and there will be no problem on implimentation.
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written by Milo, January 04, 2009 06:58:14
gundohing, It is placing a false limitation in choices on the people. It is like saying sitting on a durian is better than sitting on a hot stove. Of course it is, but why can't we just have a proper chair to sit? We can have no ISA and clear delination of laws between muslims and non-muslims, isn't it?

Anyway, let's just vote PAS in KT.
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written by Milo, January 04, 2009 07:45:48
AsamLaksa, Just speculating...it could be the others mistaken you to mean you support the 'Islamic State' as opposed to you supporting the "good substance" found in the Islamic State concept. It is a subtle but important difference. It is just like telling a muslim meat has protein and is good for you, as compared to saying all meat has protein and therefore all meat (including pork meat) is good for you. While both statements are technically correct regarding the protein content, it is wrong to assume it is correct when applied to muslims who cannot take pork.

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written by Milo, January 04, 2009 07:46:23
PAS being trapped between a rock and a hard place is their own doing. I this because PAS constantly gave the impression that they are too obsessed with Islamic labelling rather than "selling" the substance of Justice which is found in Islam. Firstly, no one can claim ownership of justice, which is what PAS is doing when they make it makes it looks like hudud law = justice. This is as ridiculous as claiming there is such a thing as Islamic Law of gravity, even if Newton was a muslim! It just won't fly!

Yes, the people know that PAS is morally superior to UMNO, but why the need to exert your self-professed superior religious moral code on the non-muslims who are supporting you? The action itself shows a distinct lack of empathy on the part of PAS. And even if people choose to vote you, how can they trust or support you whole heartedly knowing you have a future agenda that is blantantly against what they hold dear - their religious beliefs and practices? PAS really got a lot to learn in terms of projecting their image to the non-muslims. They better learn fast too.

It is not totally unthinkable to postulate a scenario where UMNO-BN suddently wake up tomorrow and repeal all the draconian laws, make clear they will respect the religious rights of the non-muslims and give out land titles to non-malays. Who will you vote? PAS or UMNO, if PAS still holds dearly to the Islamic State concept?

I hope Dr. Dzulkefly, with YB RPK help, can engineer a new PAS thinking before it is too late.

And people, at the meantime, support PAS at KT.
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written by timmy, January 04, 2009 11:14:38
PAS is a good party. Their ideology is to champion Islam and practice whatever Islamic countries in the past is practicing. That's their ideology from the start.
Hudud or not hudud should not be made into a political issue. I feel grateful that all 3 Pakatan parties can voice their opinion without fear everytime and let us debate about it. If PAS=UMNO, and DAP=MCA, do you think MCA would even dare to blast the hudud statement?

Ask the chinese in Kelantan, how easy they can get their license to start a business without going thru the much red taped bribery in the barisan states. As long as you are qualify, your application will be approved by Tok Guru Nik Aziz.
Why so many Chinese businessman ran to Kelantan south to do their business?

As for KT folks, a seat in Parliament for Pakatan, means a better check and balance for the current government. You are still going to be under BN for 3 years to come, so just give the parliament seat to Pakatan so that we have an extra 1 seat voice in parliament.

As for this candidate of PAS (although I very much like Mat Sabu), I look at it in a very positive way. PAS can decide their own candidate without much discussion with their partners which means no one has absolute power/influence over one another. If MCA were to fill it candidates, do you not think that it needs approval from UMNO first?

The squabbles of Pakatan parties is the culture we seek in the new government. There's a check and balance within Pakatan everytime an issue occurred, which is very much better than BN where the check and balance is to please UMNO.

My 2 cents!
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written by cheekhiaw, January 04, 2009 12:11:17
For now, a blind dark horse from the dark ages is better than a stealing ass.

After that, we tame that blind horse before it runs wild. And we don't have to follow it over the cliff.

xxx
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written by mountainking, January 05, 2009 12:45:25
let's just say, we the non-muslim appeal to PAS to drop the hudud quest, would you do it for the sake for the entire nation? to at least ease the uneasiness that we have in our heart? somethings just can't be explained by logic as many muslims also agree that religion can't be explained with logic.

it is faith/believe. as much as the non-muslims have placed their faith in PAS and PAS should also prove that PAS can still govern well without championing hudud.

like i said, logic argues that hudud will not affect non-muslim, then i would like to add on, but we are still not comfortable with that logic.
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written by emcube, January 07, 2009 01:30:59
dear cruzeiro, do you buy what Aliran wrote in 2002 below?:

"Under Hudud, Muslims who commit robbery of property that is valueless in Islam e.g. liquor or entertainment equipment will have a chance of escaping any prosecution."

my comment:
properties belong to non-muslims do have values. In Islamic laws muslims cannot simply abuse them? It is wrong and sinful. Stealing of the good as given example above are also punishable.

On your joke sent on January 03, 2009 18:38:14; it is simply stale.

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written by Steven Ong, January 07, 2009 13:03:49
Let us all Malaysian be logical and fair to all. A way of life or laws or systems that is acceptable and practice by a certain group of people should not be force unto others if it is only perceived to be good by that group. Only things that are agreeable and acceptable by all should be allow to be implemented. To me 'ALL' means all the rakyat and not the leaders only. So the idea of an islamic state or hudud laws should not be brought up at all. If they feel that it is good, then let those who agreed practice them and be subjected to them alone. A truth must be a universal truth or else it is not a truth - its a lie or deception. May our eyes be opened and wisdom be upon all Malaysian.
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written by emcube, January 09, 2009 09:41:49
Dear Steven Ong. Exactly. Hudud is meant for Muslims only. Non Muslims are not forced to accept them. They actually will have a choice to follow the laws of their own beliefs. If Muslims agree to be subjected to Hudud laws, they should be allowed to do so.
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