Hukuman Hudud Yang Berbeza Bukan Hukum Allah SWT
The following is from the Malay Mail here :
Aceh hudud on both Muslims and non-Muslims, except mentally-ill.
Penang Institute found variations across 3 countries in SEA
despite all belonging to Shafi’i school of thought
study on punishments for theft, robbery in Brunei, Aceh, Kelantan, Terengganu
implementation differs in all four jurisdictions
notable differences including scope of jurisdiction, punishable offences, penalties
Penang Institute analyst Nidhal Mujahid wrote the report
hudud law cannot simply be deduced as God’s commands
implementation requires human reasoning (ijtihad)
Hudud influenced by differenct school of thoughts, jurists compatibility
Aceh hudud blanket on both Muslims, non-Muslims except mentally-ill
Aceh no specific provisions to penalise theft and robbery
Aceh limits punishment to caning, fine, and jail terms.
amputation of limbs or stoning, not provided by Aceh
(Aceh) pragmatism acceptable in fine-tuning implementation
In Brunei hudud applicable to Muslims, non-Muslims
1st time offenders hand amputated
repeat offenders feet chopped off
Brunei’s hudud grants exception to sultan
he is deemed “infallible” by nation’s ordinances
Terengganu and Kelantan, exact same punishments await Muslims
all Malaysian Muslims bound by hudud
Agong, Malay Rulers protected by Federal Constitution
Agong, Malay Rulers go through Special Courts
distinction further seen in penalties for robberies and serious crimes
Terengganu, Kelantan murder and forcibly seize properties face death, crucified.
rob others without hurt to pay compensation (diyat)
limbs chopped off, if robbery value exceeds certain threshold
financial compensation varies in all 3 jurisdictions
- Brunei, 1 Diyat = 100 Dinar or 4250 grams of gold or RM1,014,733
- Kelantan, 1 Diyat = 4450 grams of gold or RM 703,434
- Terengganu, 1 Diyat = 100 camels or RM 590,000.
Hudud law controversial
My comments:
Well I always like to think a little bit ahead.
1st offense cut hand. 2nd offence cut foot.
If 3rd offence how ? Cut the other hand?
4th offence cut the other foot?
Then if there is a 5th offence, what is there left to cut?
Two possibilities arise : the ears plus one more for men. For women ears only.
How in the name of the hoophoe did Terengganu set the compensation at 100 camels? How did they get 1 camel = RM5900?
Male camel? Female camel? Racing camel? Caravan camel? Skinny desert camel? Huge Chinese camel? The famous Najwa camel?
Ok we all know that the Brunei Sultan and his family are not subject to their version of hudud.
I did not know that our Malay Rulers and the Agong are also exempt from Terengganu and Kelantan's hudud.
How come? They are also Muslims. This is not about rank or status. This is about upholding the hudud law - which is supposed to be good for everyone - humans, the whales and the birds. No exceptions. If the prophet were here today what would he say to the umat Melayu?
In Brunei they cut the hands at the wrist.
In Kelantan and Terengganu they cut the hand at the elbow.
Ouch.
So meaning if you steal in Brunei you are punished less.
If you steal in Kelantan or Terengganu you get punished more.
The hudud of Brunei is not the same religion as in Kelantan and Terengganu.
I have a question.
Surgeons can nowadays re attach cut limbs.
One sitting PKR member of Parliament once had three of his fingers cut off by some people who obviously did not like him. He got his fingers re-attached.
So can a hudud chop-chop fellow get his hand re attached AFTER they cut off his hand? The hudud does not say he should not do it.
If they cut off the hand at the wrist or at the elbow the fellow can also get an artificial limb replacement. Science now can create marvels.
So how?
If he reattaches his hand, will the state pay for the medical fees?
Or will it be covered by insurance?
What if (as an example only ok) someone stole RM2.6 billion then transferred the money via Deutsche Bank to the Cayman Islands and then transferred the money back via Arab Malaysian Bank and then claimed the money was a donation?
Why is that NOT covered by the hudud?
Do they need four witnesses?
Some say cut the hands at the wrist.
Some say cut the hands at the elbow.
Can they cut the hands at the shoulder joint?
Or can they cut the hands at the finger tips only?
My conclusion :
This does not appear to be a serious law.
This appears to be an immature attitude towards real life issues.
All those states mentioned above are not intellectually mature.
They are just playing around with this and that argument.
I would like to express my appreciation to Nidhal Mujahid of the Penang Institute who undertook this research.
Unfortunately most Malay and Muslim people will not understand this. Not just because the research was done in English (or Malay) but it just goes past them.
Malas nak memikir.
Just a small point for Nidhal Mujahid's note.
The hudud and the larger shariah ARE ALMOST ENTIRELY NOT Quran based.
There are absolutely no punishments in the Quran for apostasy.
This idea is found in the Bible.
There is absolutely NO stoning to death in the Quran for anything at all.
Stoning to death is also found in the Bible.
There is absolutely NO punishment in the Quran for drinking alchohol.
The verse on cutting the hands of the thief has to be looked at carefully.
It indicates a "staying of the hands" or "preventing the hands" or "disabling the hands" from being able to commit theft. NOT a cutting of the hands.
They say you cannot make a silk purse out of a sow's ear.
True. And the sow cannot make a purse out of anything.
✍ Sumber Pautan : ☕ Malaysians Must Know the TRUTH
Kredit kepada pemilik laman asal dan sekira berminat untuk meneruskan bacaan sila klik link atau copy paste ke web server : https://ift.tt/2Brk9ey
(✿◠‿◠)✌ Mukah Pages : Pautan Viral Media Sensasi Tanpa Henti. Memuat-naik beraneka jenis artikel menarik setiap detik tanpa henti dari pelbagai sumber. Selamat membaca dan jangan lupa untuk 👍 Like & 💕 Share di media sosial anda!
Post a Comment