Pemuda Parti Gerakan Rakyat Malaysia Negeri Pulau Pinang akan melancarkan
Kempen Tak Nak Hudud pada Khamis, 15hb Januari 2009, 10.30 pagi, bertempat di Ibu Pejabat Negeri, 139 Jalan Macalister, 10400 Pulau Pinang.
Penang PGRM Youth will be launching a
No Hudud Campaign on Thursday, 15th January 2008, 10.30 am at State HQ, 139 Macalister Road, 10400 Penang.
The aim of this No Hudud Campaign is to:-1. to raise the awareness of all Malaysians on the negative implications of Hudud law
2. to prevent the enacting and gazetting of new Hudud laws in our country
3. to repeal existing Hudud laws in Kelantan and Terengganu
Hudud law threaten to destroy the very foundation of our nation-building. It must be oppose whole-heartily by all Malaysians – Muslims and Non-Muslims.
Below are various reasons given against the implementation of Hudud law in Malaysia:-
Reasons against Hudud implementation
1.
Legislate private matters. Hudud regulates and controls private and consensual activities unlike current penal code which generally does not legislate on “private matters”, especially on activities that are not injurious and “victimizing”.
2.
Violation of constitution. Our Federal Constitution does not provide for a theocratic state, introduction of any religious based Criminal Laws such as Hudud is unconstitutional.
3.
Citizens not equal. Our Federal Constitution provides that every citizen is equal before the law. Hudud will create a situation where non-Muslims and women are not equal before the law.
4.
Children can be persecuted for sex offences. Minors can be convicted of sex offences, unlike what is provided in the existing penal code, where consent of a minor is immaterial and statutory rape is applicable.
5.
Woman inequality. Women are not accepted as witnesses and women are also most likely to be prosecuted for slander if they are not able to prove rape. The victim must prove that she was not a consenting party to her own rape.
6.
Woman discrimination. In cases of adultery, women on account of them being pregnant will immediately be charged for the offence while it will be impossible to charge the male partner because of the requirement of four male Muslim witnesses.
7.
Lack of protection for non-Islamic properties. Under Hudud, Muslims who commit robbery of property that is valueless in Islam e.g. liquor, entertainment equipments, and images in temples will have a chance to escape prosecution or receive lighter punishments.
8.
Splitting the society. Muslims and Non-Muslims Malaysians are already divided by cultural differences and religious beliefs. Hudud will further divide Malaysians through the laws.
9.
Difficulty to prosecute. Under Hudud, the alleged male perpetrator may stand to gain because of the difficulties of getting the testimonies of four Muslim male witnesses.
10.
Ocular Evidence. Evidence for rape is ocular (of the eye), evidence of four adult male witnesses or confession of the accused. The victim’s own statement has no testimonial value. Forensics science and advancement is of minimal use.
11.
Non-Muslims and women cannot be witnesses. Where there are alleged multiple perpetrators and victims (comprising Muslims and non-Muslims), eye-witness accounts offered by Muslim males are admissible as evidence while non-Muslim and women cannot be witnesses.
12.
Hudud versus Penal code. When there are more than two co-accused or victims - Muslims and also non-Muslims, which criminal law to use? Statements that Hudud law is only applicable to Muslims are half lies.
13.
Innocent but found guilty. If an alleged thief is wrongly prosecuted and had lost his right hand through Hudud, if later it was discovered that he is innocent, it will be too late because he can not have his hand back. All human make mistakes.
14.
Law reform ongoing. If supporters of Hudud are not satisfied with the current Penal Code they can lobby for reforms, as law reforms are on an ongoing basis.
15.
Apostasy. The punishment for blasphemy or apostasy by an unrepentant offender is death and forfeiture of property.
