Kelantan considers guillotine as punishment for offenders

KOTA BARU, MALAYSIA

A SMALLER form of the guillotine, similar to that reportedly used to behead French King Louis XVI and his queen, Marie Antoinette, during the height of the French Revolution in 1793, is set to emerge in Kelantan.

The opposition PAS-led state’s hudud law technical committee, said to be facing problems finding suitable methods to amputate limbs of those convicted of stealing, is considering a “mini” form of the guillotine as an option.

Its Chairman, Datuk Mohd Amar Abdullah, said he would suggest to the panel to use such a contraption, which would not need a surgeon to operate.

Mohd Amar, who is Kelantan Deputy Mentri Besar, said despite the negative reactions to getting surgeons to amputate the limbs of offenders, the committee was still mulling the idea.

“The surgeon must first agree to carry out the procedure but he is likely to face the wrath of the Malaysian Medical Association for violating the Hippocratic Oath.

The oath to uphold professional and ethical standards is historically taken by physicians and their assistants.

Mohd Amar said the guillotine was fast, effective and needed only one person to pull the lever, two others to hold down the offender and a doctor to ensure the punished person does not drastically suffer from the punishment. The judge who meted out the sentence must also be present.

“I will make extensive studies on the method used during the French Revolution in the 18th century when guillotines were used to sever the heads of those sentenced to death,” he added.

Ironically, France’s guillotine was introduced to end the preceding centuries of inhumane torture of criminals and eliminate the severity of pain endured under capital punishment.

The device based on a falling heavy blade is named after Dr Joseph Ignace Guillotine, who did not invent it but lobbied extensively for its use.

The first execution using a guillotine took place at Place de Greve in Paris on convicted armed robber Jacques Nicolas Pelletier in 1792.

The last person to be beheaded by a guillotine was convicted killer Hamida Djandoubi in 1977. The Tunisian was found guilty of killing his former lover, Elisabeth Bousquet. France abolished the death penalty in 1981.

Mohd Amar said probable methods to mete out punishment including chopping off of limbs of offenders under Syariah Criminal Code II 1993, were discussed in a meeting chaired by Kota Baru MP Datuk Takiyuddin Hassan.

He said among those who attended the meeting were eight muftis and several doctors, adding that he did not attend as he was performing his pilgrimage in Mecca then.

“I plan to attend the next meeting and propose the mini guillotine idea for detailed discussions,” he said.

Kelantan intends to table two private member’s Bills in Parliament for hudud laws to be implemented and enforced in the state next year.

The first is to provide wider powers to Syariah court judges to hear and mete out sentences under the Syariah Penal Code, while the second is to allow federal departments, like the police and the prisons department, to be used by the state government to enforce its hudud laws.

Currently, under Article 76A of the Federal Constitution, crimes such as stealing, robbing, causing hurt, rape and murder come under the Penal Code.

In an immediate reaction, Kelantan Malaysian Chinese Association (MCA) deputy chairman Tan Ken Ten described the plan to introduce the mini guillotine as ridiculous.

“I do not know what else they will come up with after this. They are becoming creative with ideas and making it up while they go along with their plans to enforce hudud in the state,” he said.

“The whole episode sounds like a joke. By resorting to an 18th century device to carry out capital punishments, they will become the laughing stock of the world,” added Tan.

The Star/ANN/The Brunei Times
Monday, November 17, 2014

t

http://www.bt.com.bn/news-asia/2014/11/17/kelantan-considers-guillotine-punishment-offenders

Indonesian expats urged to study Syariah law

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

THE Indonesian ambassador yesterday urged Indonesian expatriates to familiarise themselves with Brunei’s new Syariah Penal Code to avoid any misunderstanding with law enforcement.

Her Excellency Nurul Qomar told a gathering of more than 100 Indonesian nationals that it was “important for them to know the provisions contained in the Syariah Penal Code.”

The Indonesian embassy held a second briefing on the new legislation for its nationals yesterday at the Youth Centre in the capital. The first briefing, which was attended by more than 200 people, was held back in November 2013.

“We are the biggest foreign community here, some of our nationals may not do the right thing sometimes, so we just want them to behave according to Bruneian law,” she told The Brunei Times.

Indonesian Ambassador to Brunei Darussalam Nurul Qomar. Photo: BT

Four Indonesian nationals were detained for khalwat (close proximity) earlier this week, prompting speculation they would be the first people to be charged under the Syariah Penal Code, which came into force on May 1, 2014.

The ambassador said the Immigration Department had contacted the embassy to inform them of the arrest but declined to indicate whether the authorities would proceed with criminal charges.

Khalwat is defined under law as an unmarried man and woman isolating themselves in close proximity that “can lead to suspicion they are committing an immoral act”.

Offenders can be fined up to $4,000 or jailed for up to one year.

The Brunei Times
Monday, June 23, 2014

http://www.bt.com.bn/frontpage-news-national/2014/06/23/indonesian-expats-urged-study-syariah-law

Myanmar expats seek advice on avoiding ‘khalwat’

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

MYANMAR expatriates in Brunei yesterday raised concerns of being accused of khalwat (close proximity) under the Syariah Penal Code, if they are found working too closely with colleagues of the opposite sex.

Under the recently-introduced legislation — which ushers Islamic laws into Brunei’s legal existing system — non-Muslims can be fined up to $4,000 or jailed for up to one year for committing khalwat with a Muslim.

Khalwat is defined by law as an unmarried man and woman isolating themselves in close proximity that “can lead to suspicion they are committing an immoral act”.

Myanmar ambassador, Yin Yin Myint, said several citizens asked about how to avoid being charged with close proximity.

“In the case of doctors, when he is with a patient in the room without a chaperone. In the case of university students, when they go for field work… How close is close? And whether working together very closely will be punishable under the Syariah law.”

Government officials conducting the briefing said as long as no suspicion has been aroused, men and women can work side by side.

“If they have to work very closely, we were told don’t create a suspicious situation like going behind a tree or far away from the crowd,” the envoy told The Brunei Times.

There are approximately 500 Burmese citizens working in Brunei, with some 200 employed as doctors and engineers. Teachers, labourers and domestic workers make up the rest.

The ambassador said the embassy was particularly concerned about ensuring semi-skilled labourers, such as construction workers, understand the new law.

“For those categories like construction workers, we are more concerned. Any misunderstanding or misinterpretation may amount to a breach (of the law). We want them to be very clear on the provisions,” she said.

To help citizens understand the Syariah Penal Code, Yin Yin said the embassy would translate the briefing into Burmese and distribute the notes to its citizens.

“Even for us it’s very complicated to understand, but gradually this kind of briefing will help them.”

The phased introduction of the Syariah Penal Code began on May 1, 2014.

The Brunei Times
Sunday, June 15, 2014

http://www.bt.com.bn/news-national/2014/06/15/myanmar-expats-seek-advice-avoiding-%E2%80%98khalwat%E2%80%99

Kuwait supports Brunei’s Syariah law implementation

The head of the delegation from Kuwait National Assembly, Deputy Speaker Mubarak Bunaya Al-Khurainij, during an interview with The Brunei Times. Photo: BT/Waqiuddin Rajak

Waqiuddin Rajak
BRUNEI-MUARA

BRUNEI’s move to carry out the Islamic law could potentially lead to another strengthening of the bilateral ties with Kuwait, said the Deputy Speaker of the Kuwait National Assembly yesterday.

“In Kuwait, we have a high committee (in charge of the law) and we wish for Brunei Darussalam to have a committee too,” Mubarak Bunaya Al-Khurainij said in an interview with The Brunei Times.

He said that this would allow both countries to work together towards more mutual understanding on the issue, since both Brunei and Kuwait shared Islamic values.

The move to implement the Islamic law, said the deputy speaker, was an internal decision made by Brunei and this should be respected by other countries.

“Therefore, international communities should see the reasons behind Brunei’s decision to apply the law and they should respect it,” he said, urging them to respond in a convenient way..

“And we also wish for Brunei Darussalam to handle the issue carefully and wisely,” he added.

The ties between Brunei and Kuwait were historical ties that were built upon mutual respect, he said, adding compliments to Brunei’s positive stances to issues related to the Arab world.

“The last visit made by His Royal Highness the Crown Prince to Kuwait initiated a new face of bilateral relationship between both countries,

Especially in finding ways to enhance more bilateral cooperation,” he said, adding that their visit to the Sultanate was also an outcome of His Royal Highness’ visit earlier this year.

“InsyaAllah, maybe in the future, more agreements will be signed between both countries,” said the deputy speaker.

During the interview, he said that the delegation will also hold a meeting with the Brunei Investment Agency (BIA).

“It will be an opportunity for both sides to further discuss and find ways to enhance the opportunities for joint investments and financial cooperation,” he said.

“We hope that more officials from our side will visit the (Sultanate), InsyaAllah, perhaps our financial and business sectors will have the chance to meet their counterparts in Brunei towards fostering a more concrete cooperation.”

This is the first official visit by Kuwait to Brunei since bilateral relations between the countries was established in 1990, he said.

The Brunei Times
Saturday, June 7, 2014

http://www.bt.com.bn/frontpage-news-national/2014/06/07/kuwait-supports-brunei%E2%80%99s-syariah-law-implementation

Defending the Syariah Law (3)

Pehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

ORANG kata: 2+2=5, 2×2=7, kitani terus percaya! Hence, this observation: “JATUH MENJATUH BUDAYA MELAYU” (Ref: Utusan Malaysia, 5 March, 2002). The ISLAMIC brotherhood highlighted in the Quran is irrelevant to us!

And ponder on this: Mr Crawford, the Governor of the Straits Settlements in 1823, wrote a dispatch to the Government of India. He stated that in his observation, the ECONOMIC WORTH of the following races is thus: One Chinese is equal to two Indians or four Malays. (Ref: “The Manners and Customs of The Chinese Of The Straits Settlements” by J D Vaughan.)

Why, because basically we don’t exert ourselves. Our “bumi dipijak, disitu kita mati” has always been full of fruits, tropical shoots and rivers swarmed with fishes. “Cukup sahari, esok ada lagi. Akhirnya pergi arah citi! Orang maju, kitani dengki/benci. Sasama sendiri, berbelah bagi.”

Now, to cut it short, we are being challenged by those self-righteous human rights crusaders on the implementation of our Divine Shariah Law. These are “powerful” anti-Islam pressure group elements backed by anti-Islam Western Media. How to unite, fortify ourselves so as not to “berbelah bagi”?

To quote the Malaysian Minister Datuk Seri Najib Razak: “Humanrightism, a liberal way of thinking that places human rights and (man-made) secular law above (ISLAMIC) religion……is dangerous to Islam”.

“We will never accept and give in to their demands for the right to reject ISLAM or deny the implementation of ISLAMIC teachings, which have been done through Syariah Law” (“Nation Must Combat Liberalism”, New Straits Times,14 May 2014).

By the way, in this New Straits Times, May 20, 2014, page 15, there is an excellent robust defence for Brunei Darussalam against those Western-Secularists’ attacks on the implementation of our Syariah Law. (Ref: “Seeing The Stars, Not The Light” by Syed Nadzri, an award-winning columnist. NST, May 20,2014)

Humanly, we don’t expect to be able to win over those anti-ISLAM/MUSLIMS crusaders, but only Allah Subhanahu Wata’ala Decides and Determines What, When and How changes and events happen to mankind and the entire world. So, we must fortify ourselves with KNOWLEDGE and EXPERTISE in strongly advocating ISLAMIC SYARIAH LAW to the world. Hence these verses:

“With clear arguments and Scriptures and Reminder that thou may make clear to men that which has been revealed to them, and that gladly they may reflect.”Verse 44: Surah Al Nahl (The Bee) (16)

“Call to the way of thy Lord with wisdom and goodly exhortation and argue with them in the best manner”. Verse 25: Surah Al-Nahl (The Bee) (16)

Clearly, the Divine Advice “call to the way of thy Lord with wisdom” and “argue with them in the best manner” should have made us ensure from the beginning that we possess the deep and wide knowledge of ISLAM/SYARIAH LAW. But that alone is insufficient, we need to be rich in the eloquence of fortifying our explanations, answers and statements; we cannot be amateurish. No second rate quality is acceptable, the attitude of “kalau tak ada rotan, akar pun jadilah” is self-defeating! We must not just have “rotan”, we must have “steel wires”!

Not surprisingly, our “half-baked knowledge is self-destructive.” Sadly, it is not shocking that these weaknesses have been exploited by the enemies of ISLAM, they’ve even become a tongue-in-cheek pun amongst critical locals on the knowledge /expertise weakness; their quality lacunae.

Man-made laws are complex, but Divine Laws are more challenging, intriguing and sublimely strict in application: no margin or room for errors, no favour and fear, because the implementers (the Syariah Authority) are directly answerable to Allah Subhanahu Wata’ala.

Thus, the pun which went round was on words such as “Masjid”, “Haji” & “Azan” which due to half-baked explanations have become the items of “cynical debate” amongst those “interested”. How could the words “Masjid”, “Haji” and “Azan” be “haram” for our non-Muslim friends to utter them, when these words have been part of the integral socio-cultural-administrative lingua franca for years amongst the Muslims and non-Muslims. Let’s take “Masjid” for example, I believe dozens of Brunei’s mosques have been built by non-Muslim contractors and workers. As for “Azan”, what is the accurate word to substitute it with: “Azan = orang panggil sembah Tuhan“?!

Furthermore, what about those would be reverts to ISLAM? They have to learn and be guided on practicing the Shahadah.

They have to practice it consistently and memorise it, before the actual time for their voluntary utterance of solemnly accepting ISLAM.

The Brunei Times
Thu, 5 June 2014

http://www.bt.com.bn/letters-editor/2014/06/05/defending-thesyariah-law-3

Defending the Syariah Law (2)

Pehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

SOME estimates say that by the year 2020, Muslims will make up nearly half of all Europeans, not to mention a substantial part of the population of the Americans. (Ref: “Why ISLAM?” by Mrs K Sherman, a native of New York.)

“According to the World Christian Encyclopedia figures, the 962 million global Muslim population in 1990 has risen to 1.2 billion today, out of a total world population of 6.2 billion. That figure is expected to climb to 1.8 billion by 2025, and to 2.3 billion by 2060. According to Canadian Society of Muslims estimates, Muslims will comprise 30 per cent of the world population by 2015.” (Ref: Born in Mekah, Spreading across world”, The Brunei Times 24 Oct 2008).

Actually, this sublime spread of ISLAM was/is Promised by Allah Subhanahu Wata’ala in this verse 19 of Surah Al-Fath (The Victory)(48):

“And many gains which they will acquire. And Allah is ever Mighty and Wise.”

Ponder on this: “The more I read, the more convinced I became that ONLY ISLAM can bring peace and happiness. In ISLAM, we are not born in sin and do not need redemption, and our salvation depends entirely on our own actions.” (Lady Evelyn ZeinabCobbold in the book “Why ISLAM-The world’s fastest growing religion.”)

Wherever, whenever I could, I studied the various published explanations, comments, answers given by those religious professionals from our Religious Authorities. Having heard and read some of those explanations, comments, answers so proffered, they drove this cold surge of concern which chilled my head and spine. They prompted me to forewarn myself that “sooner or later they would recoil on us — that day would happen”,that “half-baked knowledge is self-destructive”, that “zealots are self-defeating, attracting ridicule”, that “a perfect tool can inflict self-injuries to its novice user — the family”, that “we would shoot our own foot”.

What’s sad and embarrassing is that it has happened, as per your various reports quoted above.

The Religious Authorities seemed to have been caught napping. This was a serious lapse; while the enemies were lurking, we were soundly sleeping. Simply “relying” on Allah Subhanahu Wata’ala’s protection that we have “implemented” His Syariah Law! What an over-confidence!

Subsequently, those lapses while we were off-guard have prompted the Monarch to personally, publicly make a royal command to the Religious Authorities to “end the confusion over the Syariah Law.” This very sad and embarrassing happening should have been promptly rectified by the Religious Authorities.

In my article published by your Paper on March 21, 2014, I openly stated that:

“The country’s religious officers must obviously possess deep and wide knowledge of Syariah: must not simply, perfunctorily read from prepared papers. This is because Bruneians nowadays are having agile minds and are being exposed, day and night, at their fingertips, to cyber information and disinformation about ISLAM and ISLAMIC authorities.”

I feel this Divine directive in the Quran regarding these lapses is apt:

“….ask those who have knowledge, if you yourselves do not know.” Verse 43: Surah Al-Nahl(The Bee)(16)

This “half-baked knowledge is self-destructive” prompted me to recall what Yang Berhormat Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr Hj Awang Mohd Jamil Al-Sufri, our venerable national historian had related to a group of us, while having a breakfast with him on 10 Sept 2013, the following colonial insolence in this quartet:

“BRUNEI BORN,
BRUNEI BRED;
STRONG IN BONE,
WEAK IN HEAD.(!!!)

I feel that this an opportune juncture to spur us to seriously, courageously prick ourselves with introspective self-criticism. A bad wound heals, but insolent words fester. This colonial insolence on the Brunei Malays goads me to once again risk my neck by stating thus: My years of observation convince me that our socio-cultural-mental psyche of “bersopan-santun-pemalu” has unwittingly molded us as a docile race. Thus, what we have been experiencing regarding the onslaughts on our MIB is an indication, again and again, that our docility has been taken advantage of rendering us as easy prey. To the extent that when having been pushed to the corner by those opportunistic interests we meekly feel that it is in our best interests to just yield our head on a golden platter. Hence, what jolly nice, polite Malays, they are. We swallowed the laced bait!

But sadly, when it comes to any slight friction amongst ourselves, we the Malays bare our “strong bones” at each others’ throats. No quarters given. “Sudah jatuh di-timpa tangga; di-suruh lagi di-tunggap buaya. Perek-perek ya sampai inda berdaya.”

The Brunei Times/Letters
Wed, 4 June 2014

http://www.bt.com.bn/letters-editor/2014/06/04/defending-thesyariah-law-2

Defending the Syariah Law (1)

Pehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

RESPECTFULLY, I begin this involved letter by placing the top priority to the following selected Verses of the Quran from the quoted Surahs thus:

i. “…..This day I have perfected for you your religion and completed My favour to you and chosen for you ISLAM as a religion….”

Verse 3: Surah Al- Maidah (The Food) (5)

ii. “Verily the Religion (al-din) in the Sight of Allah is ISLAM”

Verse 19: Surah Ali Imran (The Family of Amran)(3)

iii. “Then we put you on the (right) Way of Religion: so follow it (that way), and follow not low desires of those who know not.”

Verse 18: Surah Al-Jathiyah (The Kneeling)(45)

iv. “And many gains which they will acquire (the global spread of ISLAM). And ALLAH is every Mighty, Wise.”

Verse 19: Surah Al-Fath (Victory)(48)

v. “ALLAH has not laid upon you in religion any hardship.”

Verse 78: Surah Al-Haj(22)

vi. ALLAH intends for you ease, and He does not want to make things difficult for you.”

Verse185: Surah Al Baqarah (The Cow)(2)

I hope these quoted verses would generally deal with the respective essence of the issues pertaining to the recent mesmerising topics, prompted by the recent implementation of the Syariah Law, as reflected in the various reports in your paper, such as:

i. “End Confusion over Syariah Law: HM Orders Authorities To Take Swift Action” (The Brunei Times, May 6, 2014)

ii. “Questioning Rights and ISLAM” – Your Editorial, The Brunei Times, May 6, 2014)

iii. “Sacred Words, Phrases Usage-Deputy Minister Clarifies Issue” (The Brunei Times, May 10, 2014)

iv. “Addressing Criticism on Syariah Extremely Important.” (The Brunei Times, May 16, 2014)

v. “Saudi Ban Dutch Companies Over Insult to Islam: Decree.” (The Brunei Times, May 18, 2014)

This is the most complex letter which I had to force myself, as a Muslim, to write. Obviously I am not qualified to tackle this very delicate subject of the Syariah Law, but I strongly feel I must stand up, walk tall in staunch defense against the repeated attacks on our RELIGION ISLAM, on our ULIL AMRI, our MONARCH (Verse 59: Surah Al-Nisa(The Women) (4)) and our MIB; the country’s Philosophy and Way of Life.

Any weakness in my knowledge of the Syariah Law is solidly counter balanced with the various authorities established references on ISLAM and its Syariah Law.

This letter is a fortuitous sequel to my letter on the same subject but with a new unhealthy twist. The earlier letter was published in your paper from 19 March to 21 March 2014. Ever ready to die for our MIB, I was/am so blessed by the honour you gave for its publication. The enemies are the same, but the weapons they used this time round are different; to the extent of their attacking Brunei Darussalam’s Sovereign assets, which are being managed by the Brunei Investment Agency, in Los Angeles and London. Their hatred and desperation have turned them into puerile, drunken stupor. Talking about “barbarism” and “human rights” according to their terms and whims, “they followed their low desires”!

Well, the Brunei Investment Agency must take these boycotts in its business strides. In these cities, the hospitality business is flexible and their locals are dependent on their jobs at those hotels; hence its ripple effect-good or bad. So, believe in Verse 17 of Surah Luqman(31): ”O my son, keep upprayer and enjoin good and forbid evil and bear patiently that which befalls thee…”

As we Muslims fully believe, as our article of absolute faith, that Allah Subhanahu Wata’ala as revealed in His Quran and as per the Sunnah of His Prophet Muhammad Sallallahu Aalayhi Wasalam, hence the basis of the Syariah Law, that Allah does not intend to burden mankind, His vicegerents in this mortal world, by revealing various Divine Injunctions, Guidelines. Basically, “Commanding right and Forbidding wrong” (al-amrbil-ma rufwalnahy an al-munkar), that is the duty of a Muslim to intervene when another is acting wrongly. (Ref: “Forbidding Wrong in ISLAM” by Michael Cook.) In short, ISLAM DOES NOT ALLOW HARMING OTHERS NOR ALLOW OTHERS TO HARM.

Basically, mankind under ISLAM just simply AVOID / PREVENT themselves from committing EVIL and HARAM (unlawful) activities and intentions and that they do not consume HARAM food, but commit their SOULS to TAWHID and IMAN. That Muslims absolutely believe in ALLAH subhanahuwata’ala, the ONLY GOD, and the Prophet Muhammad sallaAllahualayiwasallamas ALLAH’s LAST PROPHET.

InsyaAllah, by Allah subhanahuwata’ala’s Desire and Plan, “ISLAM is now the fastest growing religion worldwide, attracting followers all over the globe.

The Brunei Times/Letters
Tue, 3 June 2014

http://www.bt.com.bn/letters-editor/2014/06/03/defending-thesyariah-law-1

The hysteria of Brunei’s sharia-based penal code

Sheikh Alomgir Ali

ON the 30th of April 2014, the Sultan of Brunei announced the introduction of Islamic laws relating to criminal justice. May the 1st was the official enforcement date for the first phase of the ‘Syariah[1] Penal Code Order’, which incorporates Islamic laws into the existing criminal justice system. The Sultan stated: “Today I place my faith in, and am grateful to Allāh the almighty, to announce that tomorrow, Thursday 1st May 2014, will see the enforcement of sharī‘ah law phase one, to be followed by the other phases,” he said, according to the AFP news agency.

This incident can be discussed from a number of different angles, ranging from the motives of such a move to the overall method used to implement such measures. However, this article will primarily focus on two issues: an analysis of the reaction of the international community and a response to the reaction.

The reactions
From amongst the reactions, the UN’s human rights office said this month it was deeply concerned about the changes, alleging that women typically bore the brunt of punishment for crimes involving sex.

“It’s a return to medieval punishment,” said Phil Robertson, deputy Asia director for Human Rights Watch. “It’s a huge step back for human rights in Brunei and totally out of step with the 21st century.”[2]

There were further statements of concern from the Ministry of Defence and other bodies as well. A spokesman for the Foreign Office said: “We are concerned about Brunei’s decision to introduce a sharia criminal code. Ministers have raised questions about the law’s implications and pressed for a lenient approach.”[3]

There was even a celebrity-driven boycott of a hotel owned by the Sultan of Brunei whereby people gathered outside the building holding placards with provocative and sensationalist statements like “Stop Brunei’s Taliban-like laws”[4] against the Sultan and his wish to implement laws derived from the same religion that the Taliban happen to follow.

Putting aside the case of Brunei for a moment, is it really wrong for an independent, autonomous nation to implement a system that it believes to be appropriate, especially if the majority of the people also wish for such a system?

Is it wrong to implement medieval rules?
Has the essence and the philosophy of the Islamic penal code been misunderstood and are Islamic laws barbaric and inhumane?

Is sharī’ah another term for the Islamic penal code?

It is critically important that we understand the reality of these questions and their answers because the above points are shaping the discourse of the current situation in Brunei.

‘Medieval Practices’

‘Backwards’, ‘outdated’, ‘stone age’ are all loaded terms that we often hear in the media with the aim to malign some of the teachings and practices of Islam. It is true that Islam promotes practices that were practiced centuries ago; however that does not necessarily mean that such practices are wrong or are no longer viable. In fact, in all societies you will find medieval practices, whether it be related to trade, like the use of currency, or penal code, like the concept of imprisonment, and so on.

In reality, such methods of argumentation are indicative of a fallacious method of debating; namely the use of the Argumentum ad Novitatem (appeal to novelty) argument.This is essentially when someone prematurely claims that an idea or proposal is correct or superior, exclusively because it is new and modern, and hence anything that is old is considered to be no longer viable. Investigation may prove these claims to be true for particular cases, but it is a fallacy to prematurely conclude this only from the general claim that all novelty is good. Although there may be correlations between novelty and positive traits in certain cases, like technology for example, we cannot make that an absolute reality for all matters in life, especially when dealing with values and traditions.

Muḥammad Quṭb noted that it is not surprising that many Europeans adopt such an argument since they had a very dark history that was marred by the oppression of the church and because they had experienced the ‘dark ages’.[5]

The opposite of an appeal to novelty is an appeal to tradition, in which one argues that the “old ways” are always superior to new ideas. This likewise is not an absolute truth as well, however as Muslims we must concede that certain laws and practices are more appropriate, not because they are older, but because they originate from the Divine and hence are the best for humanity whether we realise it or not. In the very first chapter of the Qur’ān Allāh (subhānahu wa ta’ālā) teaches us how to supplicate to him:

“Guide us to the straight path, the path of those whom you have favoured…”[6]

Notice how the past tense has been used to illustrate how we, as Muslims, should aspire to follow the footsteps of the righteous that came before us, by following their examples that were set for us.

The above point should serve as a strong lesson for Muslims who knowingly or unknowingly[7] lack confidence in the divine scripture and its injunctions. It is unfortunate that some minds hesitate in declaring the excellence and perfection of some of the laws of Allāh (subhānahu wa ta’ālā), and in many cases this is due to their lack of certainty in Allāh (subhānahu wa ta’ālā):

“But who is better than Allāh in judgment for a people who are certain [in faith]?”[8]

Therefore, the one who lacks certainty will be denied from seeing the excellence and perfection of the laws of Allāh (subhānahu wa ta’ālā).

It is also interesting to note that the Argumentum ad Novitatem and its implications was used by the disbelievers during the time of the Prophet (sallAllāhu ‘alayhi wasallam):

“And among them are those who listen to you, but We have placed over their hearts coverings, lest they understand it, and in their ears deafness. And if they should see every sign, they will not believe in it. Even when they come to you arguing with you, those who disbelieve say, “This is not but legends of the former peoples.”[9]

This brings us to the next question:

Has the essence and the philosophy of the Islamic penal code been misunderstood?

The sharī’ah is the only real system that tackles the matter of crime and punishment from all angles at the same time. In Islam, dealing with crime doesn’t begin with confirming whether the crime was committed; rather it begins firstly by seeking to prevent crime from occurring in the first place in a unique manner. Allāh (subhānahu wa ta’ālā) and His Messenger (sallAllāhu ‘alayhi wasallam) addressed the heart first to be conscious of Allāh (subhānahu wa ta’ālā) which would then impact the person’s behaviour:

“Indeed there is a morsel of flesh in the body; if it becomes sound the rest of the body will be sound, and if it becomes corrupt, the rest of the body will be corrupt. Indeed, that morsel of flesh is the heart.”[10]

He also (sallAllāhu ‘alayhi wasallam) said:

“Be conscious of Allāh (subhānahu wa ta’ālā) wherever you may be, and follow up a sin with a good deed and it will erase it, and behave well towards people.”[11]

It is also interesting to note that the relationship between man and law in secular societies is predominantly that of enforcement, whereas in Islam, it is essentially a matter of conscious and voluntary obedience. The difference in premise has a huge impact in the manner in which people interact with the law and which can be suitably exemplified by the Prohibition act in America in the early 1920s, in which the production and sale of alcohol was largely banned. The act led many people to go underground to produce and sell alcohol which eventually led to the flourishing of organised crime. However, when alcohol was prohibited during the time of the Prophet (sallAllāhu ‘alayhi wasallam), it was said that the streets of Madīnah were flowing with alcohol without the need of strict enforcement. This is because the hearts of the Muslims were conscious of an all-Seeing Creator who could see all of their hidden actions.

‘Ā’ishah (radiy Allāhu ‘anha) said:

“Know that the first thing that was revealed was a Sūrah from the mufaṣṣal[12] chapters, and in it was mentioned Paradise and the Fire, and so when the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: ‘Do not drink alcoholic drinks.’ people would have said, ‘We will never leave alcoholic drinks,’ and if there had been revealed, ‘Do not commit illegal sexual intercourse, ‘they would have said, ‘We will never give up illegal sexual intercourse’.”

This doesn’t mean that an Islamic society will be free from crime or that members of the society will be like angels. However, a society that has members that are God-conscious will naturally be more law-abiding and more distant from crime. This is because a godless society is more prone to crime if its people believe they can escape being caught and charged for crime.

Moreover, the intention of punishing someone for a crime is not to merely punish them, but also to deter people from committing the crime in the first place. Hence in an abstract sense the punishments for certain crimes may seem harsh, but in actuality they are serving a higher purpose in preventing the crime occurring.

Allāh (subhānahu wa ta’ālā) says regarding the law of retribution:

“And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.”[13]

It is not sufficient to look at the criminal himself when he commits the crime, but the consequences it has on the society and the minds of others have to be taken into consideration. Whilst the threat of pain may be inflicted on some criminals, the overall benefit the society receives from that will be unimaginably greater, as can be seen from the virtually zero theft statistics historically in countries where this was applied.

Another aspect that has to be considered as well is that when a person is penalised under Islamic law it acts as expiation for the sin itself. The Prophet (sallAllāhu ‘alayhi wasallam) said regarding being penalised for certain crimes: “And whoever indulges in any one of them and gets punished for it in this world, that punishment will be an expiation for that sin. And if one indulges in any of them, and Allāh conceals his sin, it is up to Him to forgive or punish him (in the Hereafter).”[14]

Having such an attitude towards criminal law is what leads people to even confessing their crimes without even being caught! Take the example of Mā’iz bin Mālik (radiy Allāhu ‘anhu):

“O Messenger of Allāh! Purify me,” whereupon he said: “Woe to you, go back, ask forgiveness from Allāh (subhānahu wa ta’ālā) and turn to Him in repentance.” He (the narrator) said that he went back not far, then came back and said: “O Messenger of Allāh! Purify me.” Whereupon Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) said: “Woe to you, go back and ask forgiveness of Allāh (subhānahu wa ta’ālā) and turn to Him in repentance.” He (the narrator) said that he went back not far, when he came back and said: “O Messenger of Allāh! purify me.” Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) said as he had said before. When it was the fourth time, Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) asked: “From what am I to purify you?” He said: “From adultery”, Allāh’s Messenger saw) asked if he was insane. He was informed that he was not insane. He asked: “Has he drunk wine?” A person stood up and smelt his breath but noticed no smell of wine. Thereupon Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) asked: “Have you committed adultery?” He said: “Yes.” He then finally made a pronouncement about him and he was stoned to death.

The people had been divided into two groups about Mā’iz. One of them said: “He is destroyed for his sin has overwhelmed”, whereas another said: “There is no repentance more excellent than the repentance of Mā’iz, for he came to Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) and placing his hand in his hand said: ‘Stone me’.” This controversy about Mā’iz remained for two or three days. Then the Messenger of Allāh (sallAllāhu ‘alayhi wasallam) came to them (his Companions) as they were sitting. He greeted them with salutation and then sat down and said: “Ask forgiveness for Mā’iz bin Mālik.” They said: “May Allāh (subhānahu wa ta’ālā) forgive Mā’iz bin Mālik.” Thereupon Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) said: “He (Mā’iz) has made such a repentance that if that were to be divided among a nation, it would have been enough for all of them.”[15]

Is the Islamic Penal Code barbaric?

It must be made clear from the onset that the reason why Muslims primarily accept Islamic laws is because we believe that they are divine and it is a duty upon Muslims to accept them whether they agree with our inclinations or not. Allāh (subhānahu wa ta’ālā) says:

“Warfare is ordained for you, though it is hateful unto you; but it may happen that you hate a thing which is good for you, and it may happen that you love a thing which is bad for you. Allāh knows, whilst you know not.”[16]

This is a point that differentiates a Muslim and a non-Mulim’s outlook of Islamic law. Therefore, for non-Muslims to appreciate our acceptance of Islamic law, they must understand that we do so because of our belief that Allāh (subhānahu wa ta’ālā) legislates for us laws that are best for us whether we realise their benefits or not. Otherwise, if our acceptance or rejection of Islamic law was based on our own personal preference, we would have no need for Divine guidance from Allāh (subhānahu wa ta’ālā) since it would have to be measured against our own personal preference.

“What is [the matter] with you? How do you judge? Or do you have a scripture in which you learn, That indeed for you is whatever you choose? Or do you have oaths [binding] upon Us, extending until the Day of Resurrection, that indeed for you is whatever you judge? Ask them which of them, for that [claim], is responsible.”[17]

Whilst man in the 21st century has achieved so much in terms of technology and advancement, there has been no other creation that has inflicted so much harm on the planet and its inhabitants more than the human race. Whether we realise it or not, our minds are limited in scope in determining what is best for mankind unless we seek guidance from the one who knows us the best: our Creator.

“Should He not know, He that created? And He is the One that understands the finest mysteries (and) is well-acquainted (with them).”[18]

Our views about what laws are best for mankind cannot be deemed correct by our mere conviction of them or our admiration of them. Allāh (subhānahu wa ta’ālā) says:

“[They are] those whose effort is lost in worldly life, while they think that they are doing well in work.”[19]

Hence, whilst some minds may consider certain Islamic laws as being barbaric, others will consider them to be the essence of justice, just like how a child may view certain disciplinary measures of his parents to be extremely harsh and unfair, but due to the wisdom and foresight of the parents, those measures are in the best interests of the child even though he may not realise that.

Thus, it has to be made clear that Allāh (subhānahu wa ta’ālā) may issue rulings that may differ with our deficient intellects. Therefore, the discourse surrounding the Islamic penal code should not revolve around whether it is barbaric or not, but rather whether it is truly Divine or not and where these laws originate from. This discussion can only be made fruitful though if we free ourselves from our own personal biases and inclinations.

Notes:
[1] Sharī’ah

[2] http://www.theguardian.com/world/2014/apr/30/sultan-brunei-sharia-penal-code-flogging-death-stoning

[3] http://www.independent.co.uk/news/world/asia/international-outcry-as-brunei-introduces-sharia-law-and-takes-country-back-to-the-dark-ages-9308088.html

[4] http://www.blogcdn.com/slideshows/images/slides/260/563/9/S2605639/slug/l/womens-rights-lgbt-and-human-rights-groups-protest-sultan-of-bruneis-human-rights-policies-1.jpg

[5] See Ḥawla Taṭbīq ash-Sharī’āh, by Muḥammad Quṭb p.76-101, Maktabah as-Sunnah, Cairo, Egypt.

[6] Al-Qur’ān 1:5-6

[7] Such as by calling for a suspension of the Islamic penal code without the desire to re-implement them or by claiming that the implementation of the penal code would oppose the higher objectives of the Sharī’ah.

[8] Al-Qur’ān 5:50

[9] Al-Qur’ān 6:25

[10] Agreed upon (Bukhāri and Muslim)

[11] Tirmidhi

[12] Chapters 50-114 of the Qur’ān according to one understanding of the scholars.

[13] Al-Qur’ān 2:179

[14] Al-Bukhāri

[15] Muslim

[16] Al-Qur’ān 2:216

[17] Al-Qur’ān 68:36-40

[18] Al-Qur’ān 67:14

[19] Al-Qur’ān 18:104

Ustadz Alomgir has a BA in Arabic & English language and has studied Arabic and Islamic studies in Cairo. He is currently pursuing a degree in Shariah at al Azhar University in Cairo. He has translated a number of books and holds weekly Tafseer classes in London and is a regular Khateeb in a number of mosques in London. He also taught Arabic and Islamic studies at the Tayyibun Institute in London and is currently an instructor for the Sabeel retreats and seminars.

DISCLAIMER: All material found on Islam21c.com is for free and is for information purposes only. All material may be freely copied & shared on condition that it is clearly attributed to Islam21c.com [hyperlinked] as the original source. The views expressed on this site or on any linked sites do not necessarily represent those of Islam21c.com

http://www.islam21c.com

http://www.islam21c.com/politics/the-hysteria-of-bruneis-sharia-based-penal-code/

Brunei’s Syariah Penal Code Order 2013: ‘Ta’zir’ offences explained

Izzuddin Basuni
BANDAR SERI BEGAWAN

THE sermon yesterday clarified offences that fall under the ta’zir system of the Syariah law.

Punishments for ta’zir are administered under the discretion of the judge because the they are not mentioned in Al-Quran or As-Sunnah.

An offence under ta’zir covers a wide range of offences that does not fall under qisas (retaliation or similar penalty) or hadd (punishment stipulated in the Quran).

Some of the offences include not carrying out duties that one has been entrusted with; making false accusations; corruption; and gambling.

Punishments for these type of offences are not stated in the Qur’an, thus categorised as ta’zir on which the judge will be given the discretion to decide on the appropriate punishments according to crime commited, said the imams.

Offences that are not mentioned in the Qur’an and As-Sunnah are still punishable under ta’zir as they are crimes that arose with current times that are against general welfare and interest of the public, for example road traffic offences and drug misuse.

Punishments can come in the form of detainment or imprisonment, fines, whipping, freezing of bank accounts, foreclosure on property and many more.

The imams mentioned a number of offences listed under the first phase of the Syariah Penal Code Order such as individuals above 15 years old failing to perform Friday prayers, disrespecting the month of Ramadhan and khalwat (close proximity).

There are people who think that offences such as adultery, qazaf (when someone makes a statement against another person accusing him or her of fornication), theft and other crimes should just be punished under ta’zir.

The punishments for these offences are already mentioned in the Quran and As-Sunnah thus punishable under hadd and qisas, not ta’zir. “As humble servants of Allah SWT we have no choice but to obey this order,” the imams said.

He reiterated that the public must understand that offences punishable under hadd are such as adultery, rape, liwat (sodomy), qazaf, theft, consuming alcohol and murtad (apostasy).

The hadd punishment is wajib (compulsory) when required evidence is fulfilled. However, if requirement falls short then it is punishable under ta’zir.

Meanwhile, qisas crimes include murder (premeditated and non-premeditated), premeditated offences against human life, and murder by error. Hadd and qisas punishments are to be enforced in phase two and three of the Syariah Penal Code Order.

Crimes that fall in the first phase is still punishable under existing Acts and Brunei Islamic Religious Council Acts and the Qadi Courts Act Section 77, depending whether the Acts mentioned are found under Civil or Syariah Law.

Sentencing individuals on trial at the Syariah courts requires heavy deliberation, said the imams. Judges or qadi must be able to comprehend each of the cases; not be hasty in making or when sentencing; and remain calm during the proceedings.

The Syariah judge will not sentence anyone in anger as Prophet Muhammad (PBUH) has forbidden it to be carried out in such manner. They will also discuss with and be aided by advisors who are knowledgeable in Islamic law.

“After scrutinising the strong ethics of the judges, it is clear that Syariah law is just and thorough; it is not cruel as what has been said by those that do not understand the concept of Islamic law,” the imams said.

The Brunei Times
Fri, 17 May 2014

http://www.bt.com.bn/news-national/2014/05/17/ta%E2%80%99zir-offences-explained

The Brunei’s Syariah Penal Code: Phrases can be used by non-Muslims as courtesy

BANDAR SERI BEGAWAN

NON-Muslims would not be punished under the Syariah Penal Code if they use words such as Assalamu’alaikum (greeting) as a form of courtesy or in daily conversations with Muslims, the Ministry of Religious Affairs (MoRA) stated.

In a press statement, the ministry said the use of certain words or phrases, including InsyaAllah (God willing), cannot be used by non-Muslims only when they are referring to another religion other than Islam.

Under Section 217 of the Syariah Penal Code, the state has set a total of 16 words which cannot be used by non-Muslims in certain contexts. The ministry said it would only be an offence for non-Muslims if they use the words as a belief, idea, act and in instances that do not relate to Islam, and when it is issued in publications, made in public speeches or statements and broadcasts.

Non-Muslims are not allowed to use the 16 words in the specified contexts to avoid any misunderstanding or confusion among Muslims, the ministry told members of the Indian Chamber of Commerce in a briefing last Thursday.

It added that the offence was set by the state to protect the sanctity of those words.

“The objective of every law in every country is for public interest and in this context, is to protect the interests of Muslims,” the ministry stated.

The 16 words or phrases include Alhamdulillah, La haula wala quwwata illa billahil ‘aliyil ‘azim, Allahu akbar, Masya Allah, Assalamu’alaikum, Rabbul ‘alamin, Astaghfirullah al ‘azim, Subhanallah, A‘udzubillahi minasy syaitanirrajim, Tabarakallah, Bismillahirrahmanirrahim, Wa’alaikumussalam, InsyaAllah, Walillahilhamd, La ilaha illallah, and Wallaahu a’lam.

Held at the Islamic Da’wah Centre in Kg Pulaie, the briefing aimed to promote understanding of the offences punishable by hadd, qisas, diyat or arsy, as prescribed and based on the methods of proof in the Quran and hadith of Prophet Muhammad (Peace be upon him).

Conducting the briefing were deputy Syarie prosecutors Mahani Hj Suhaili and Hj Zuneidy Jumat Hjh Hassanah Hj Hassan, Deputy Senior Legal Counsel at the Attorney General’s Chambers Hjh Hassanah Hj Hassan, Religious officer at the Islamic Legal Unit Saadatul Nazaha Hj Saiful Ashura, Religious officer at the Islamic Da’wah Centre Ustazah Pg Norhayati Pg Hj Kasharan, and Hj MasReduan Hj Jumat, senior religious research officer at the State Mufti’s Office.

The Brunei Times
Saturday, February 22, 2014

http://www.bt.com.bn/news-national/2014/02/22/phrases-can-be-used-non-muslims-courtesy