Don't be afraid of Hudud, appreciate its beauty: expert

KUALA LUMPUR: The law is not to burden but it is capable of improving the social conditions of society, said International Islamic University's (UIA) International Institute of Islamic Thought and Civilisation Dean Prof Datuk Paduka Dr Mahmood Zuhdi Abd Majid.
He said hudud should not be seen merely in terms of heavy punishments because it must be evaluated as one of the ways to turn out a disciplined society.
Those who fear the implementation of hudud do so because they only focus on the heavy punishments such as stoning, cutting of the hand and so on," he said when contacted by Bernama.
He was commenting on the decision of the Kelantan State Assembly on March 19 to approve a hudud bill on the Syariah Criminal Code II 1993 (Amendment 2015) or better known as hudud law which is only applicable to normal Muslims.
All 44 members of the State Assembly including 31 from PAS, 12 from Barisan Nasional (BN) and one from Parti Keadilan Rakyat (PKR) supported the amended bill to be tabled by the PAS State Government via Mentri Besar Datuk Ahmad Yakob.
Mahmood Zuhdi said, according to Islam, society could be taught via two means, namely, by giving encouragement or threat of heavy punishments so that they are afraid of committing offences.
"For example, theft. The society will be afraid to steal even if only one or two people have their hands cut off for theft. Does it not bring good and beauty, as opposed to imprisoning 600 people? Both are punishments, but which one can greatly impact society," he said.
But Dr Mahmood Zuhdi stressed hudud is just a supplementary method to discipline society after social institutions such as parents and educational institutions had played their roles to form the character and personality of a person.
As such, hudud should not be feared because it has to undergo a complex process of judgement before punishment is imposed.
He said there are several main criteria which are taken into account before a person is punished under hudud for an offence.
"Before carrying out hudud, among considerations that need to be taken into account are parental teachings, peer influence, neighbourhood, role of scholars, places of worships and educational institutions. They must carry out their duties properly according to Islamic teachings, then only the law is applicable," said Mahmood Zuhdi.
For example, if someone is accused of theft whilst he was brought up in an immoral family, the hudud law could not be imposed on him.
Asked on the attitude of some Muslims who rejected hudud, Dr Mahmood Zuhdi said the group should not be blamed, because they had an erroneous understanding.
So, the education and the spread of knowledge on hudud must be expanded, he said.
Mahmood Zuhdi also suggested that the quarters involved should improve the lives of the society before introducing hudud.
"The party implementing hudud must ensure the well-being of Muslims such as eradicating poverty, prohibiting vulgar elements on television and so on, which must be in tandem with the implementation of hudud," he said.
Meanwhile, Malaysia Syarie Lawyers Association president Musa Awang regarded the implementation of hudud as a preventive measure against committing any offence.
He said, as proof, the implementation of hudud during the time of Prophet Muhammad S.A.W. succeeded in preventing offences such as adultery, robbery and drinking alcohol from taking place.
Musa added that numerous aspects in the implementation of hudud must be taken into account such as the credibility of witnesses, procedure to determine offences and a court which is well-versed with hudud to avoid the Islamic law being viewed with aspersions. – Bernama