Well, it isnt supposed to affect non-muslims. In theory at least
I used to be an advocate of hudud, despite being a non-muslim. I’m of the opinion that if the Muslims believe it is God’s law, so be it. It is their right to be subjected to their beliefs. As a Malaysian, I respect their beliefs as long as it doesn’t infringe on any of my rights
However, as I started to study the subject, I became more and more against it. Why? Not because I’m anti-Islam. But because if it is implemented, more likely than not, it would affect non-muslims
Currently the shariah legal system in Malaysia only has jurisdiction on Muslims. In theory at least. Out of no where comes the child custody case of Deepa and Izwan.
Here there was an overlap of jurisdiction between the shariah court and the civil court. Deepa (a non-muslim) was bound by the decision of the syariah court regarding the custody of her child. The shariah court ruled in favour of Izwan while the civil court (which has jurisdiction of Muslims and non-Muslims) ruled otherwise. It is still an unresolved issue up to today
Another example of how shariah infringed the rights of a non-muslim is the case of an Indonesian Catholic woman who was charged with khalwat (close proximity)
There are already so many anomalies with the present system. It is reasonably foreseeable that the introduction of hudud would only make things worse. Furthermore, hudud involves criminal offences such as rape, theft, etc
Many bloggers & columnists of online news portals accurately pointed out a hypothetical situation in which hudud might apply to a non-Muslim (although it is not supposed to). The million dollar question often asked is, “What if the criminal case involves a muslim and a non-muslim?”
In such a situation, wouldnt the non-muslim be affected by hudud law? Before hudud can ever be implemented in Malaysia, statutory safeguards must be created in order to prevent it from being applied on non-muslims. If adequate safeguards are in place, I dont see why non-muslims would oppose hudud
Recent updates:
(i) On the 7th May 2014,
A few muslim scholars suggested that non-muslims be subjected to hudud as well in order to avoid unfairness
Source: The Malaysian Insider
(ii) On the 9th of May 2014,
ISMA has proposed that hudud be applied for all, and not just the Muslims. Perhaps the muslim community (especially those in Kelantan) should make its views clear. Is hudud only meant for Muslims? Or is it going to start with Muslims then extend to non-muslims? Or is it from the beginning going to affect non-muslims?
Source: The Malaysian Insider
(iii) On the 26th of August 2014,
The Indonesian Catholic woman mentioned above (who was convicted of khalwat) has been discharged and acquitted by the Syariah court
Source: The Malay Mail Online
(iv) On the 16th of November 2014,
Attorney-General, Tan Sri Abdul Gani Patail, who delivered a keynote address at a national conference organised by the Judicial and Legal Service Training Institute last week, said unilateral conversion had resulted a new conflict between civil and Shariah laws.
“The increasing number of cases has also raised allegations of racial discrimination by the courts and authorities,” he said.
He said the failure of the converting spouses to resolve the family arrangements prior to conversion, as well as attempts to use the the civil and Shariah courts to their advantage, had jeopardised family and national harmony.
“Consequentially, the integrity of the police and the Attorney General’s Chambers is also called into question due to the issue of enforcement of conflicting court orders,” he said.
Gani said that in 2009, amendments were proposed to the Law Reform (Marriage and Divorce) Act, the Islamic Family Law (Federal Territories) Act 1984 and the Administration of Islamic Law (Federal Territories) Act 1993 to ensure that issues like child custody would be determined by the court in which the marriage was registered.
“These amendments, however, remain pending,” he said
Source: The Malaysian Insider
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