Forum Pelaksanaan Hudud di Malaysia: Antara Ideal dan Realiti
Tempat: IAIS Malaysia, Kuala Lumpur.
Hari & Tarikh: Khamis, 23 April 2015
Masa: 8:00 malam – 10:30 malam
Penganjur: IAIS Malaysia dan MySuara TV
1. YBhg. Profesor Emeritus Dato’ Paduka Dr. Mahmood Zuhdi Haji Ab. Majid, Jabatan Fiqh dan Usul Al-Fiqh, Kulliyyah Islamic Revealed Knowledge and Human Sciences, Universiti Islam Antarangsa Malaysia
2. YBhg. Profesor Madya Dr. Mohamed Azam Mohamed Adil, Timbalan CEO, IAIS Malaysia
3. YBhg. Tuan Musa Awang, Presiden, Persatuan Peguam Syarie Malaysia (PGSM)
Pengantara: Saudara Zulkifli Bujang (Personaliti Berita)
07:45 malam – 08.30 malam Ketibaan peserta dan pendaftaran
08:30 malam – 10.30 malam Forum
10:30 malam Majlis berakhir
** This forum will be conducted in Bahasa Malaysia
On 23 April 2015, IAIS Malaysia and MySuara TV jointly organised a public forum entitled ‘The Implementation of Hudud in Malaysia: Between Ideal and Reality’. The panelists were Emeritus Professor Dato’ Paduka Dr. Mahmood Zuhdi Haji Ab. Majid from the Department of Fiqh & Usul al-Fiqh, Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia (IIUM), Associate Professor Dr. Mohamed Azam Mohamed Adil the Deputy CEO of IAIS Malaysia, and Mr. Musa Awang the President of the Syariah Lawyers Association of Malaysia. Professor Zuhdi highlighted the fact that hudud demands stringent implementation procedures as well as tight self-discipline by members of society. Hudud, he claimed, is part and parcel of the whole Shari’ah system. Hence to implement it in isolation of the other aspects of Islamic teachings will fail to bring about its intended objectives, namely justice and fairness. Moreover, he maintained that to operate hudud in the Malaysian dual-law system would lead to injustice to Muslims, since non-Muslims enjoy an absolute freedom from the law. Therefore a feasible solution is to incorporate some elements of hudud in the existing laws of the country. He proposed that the government enact a blood money (diyat) act in order to resolve fatal road accident cases, as an alternative to the current procedure.
Dr. Azam provided a historical overview on the development of Islamic law in Malaysia and pinpointed that the public perception on hudud has been shaped by the colonisation process of the past. Therefore the restoration of the law in the new setting of modern nation-state demands a well-planned strategy. Adding to Professor Zuhdi’s proposal, he suggested that hudud be strategically infused in the existing penal code, since the latter already includes a number of hudud offences. Musa Awang, on the other hand, highlighted that the country’s Constitution is in fact the main legal hurdle for the implementation of hudud, since it places religious affairs under the states’ authority and empowers the Shari’ah courts with only limited jurisdiction. Even though there are hudud offences in the court’s enactments, their punishments remain in the form of ta’zir. Therefore, he proposed that the academic communities discuss diligently the two possible options, either to incorporate hudud in the current law or to construct an entirely new structure of hudud law in the country. [written by Ahmad Badri Abdullah]