Should Hudud Be Implemented For All?

A reply to:
Implement hudud for all, not only Muslims, says ISMA

As if the entire hoo-ha about hudud wasn’t enough, ISMA went on to say that it should be applied to non-muslims as well. That stirred a lot of unrest among non-muslims in Malaysia and many voiced their displeasure. Especially on social media

Of course ISMA is entitled to voice their opinion (enshrined in Article 10 of the Federal Constitution). But their opinion(s) should be made with respect to the highest law of our land or it would reflect badly on their intellect. Plato once said, “Wise men speak because they have something to say; Fools because they have to say something”

Article 11 of the Fedeal Constitution guarantees the freedom of religion. Article 11(1) states that “Every person has the right to profess and practice his religion and subject to Clause (4), to propagate it”

If hudud were to be imposed on non-muslims, the right of non-muslims to practice their religion would be infringed. How? While most churches use non-alcoholic beverages when partaking the Holy Communion , some Malaysian churches do use wine to represent the blood of Jesus

Hudud covers an offence called syarbul khamr (a.k.a drinking alcohol). Will Christians then be flogged 80 times for observing a practice considered holy to them? Christians would no longer be able to freely practice their religion, hence infringing Article 11

Also, under hudud, only free, adult Muslim men are eligible to testify. The status of a women’s testimony under hudud is an unresolved issue. Some Muslim scholars believe the testimonies of TWO women equate to the testimony of ONE man

What then about testimonies of non-muslims? (presuming they are subjected to hudud). Does it count for anything?

According to an article by Sp4n4r ,
“Non muslims are allowed to testify in Hudud cases. The only difference is that their testimony will not be sufficient
for a hudud conviction and will only lead to a Takzir conviction

However, in cases where there is an absence of any muslim witnesses, the testimony of a non muslim will be
accpeted for a hudud conviction with two conditions:

A) He/she has never been proven to be a liar
B) He/she is a believer of a religion and practices his/her religion”

However, Muslim women activist and
filmmaker Norhayati Kaprawi
, takes a different stance and says “Based on PAS’s current hudud enactments in Kelantan and Terengganu, only Muslim males are eligible to be court witnesses. The testimonies of non-Muslims (and also
Muslim women) are not accepted in PAS’s hudud-style Islamic courts” 

Clearly there are A LOT of unresolved issues. Perhaps ISMA should contribute on sorting out the hiccups related to hudud instead of churning out bootless statements such as “hudud should be implemented for all and not only muslims”