Selective prosecution and selective exemption

comments     Yoursay     Published     Updated

YOURSAY ‘With hudud, of concern far greater than selective prosecution is selective exemption.’

 

'Rulers can be dethroned for breaking Islamic law'

Tholu: Let us not argue whether the rulers are subjected to the laws of the nation, including the Federal Constitution and state enactments.

 

Even if the law says that they are above it and cannot be charged for offences/crimes committed, whether in their personal or official capacity, let them answer this question: Are the rulers, as mere mortals, above divine laws and would they dare to say that even God cannot make them subject to His laws?

 

In the eyes of God, and in deciding the appropriate rewards or punishments for us humans, he distinguishes not between the rich and poor, nor between the common man and the royalty.

 

Sabahan: If hudud law is applied fairly and to every Muslim including the sultans, I can't wait for hudud law to be implemented in this country. With privileges, comes responsibility and righteousness. These cannot be separated.

 

Onyourtoes: Do we have to wait for hudud before "compliance" can take place? If the existing system has failed to do it despite the well-entrenched principles and conventions, what make you fellows think that "the hudud" system would be able to do it. 

 

This are all arguments based on bigotry and jingoism, nothing much to do with equality, crimes, and religion really.

 

The Mask: How come Umno Youth exco member Fathul Bari Mat Jahaya, and constitutional expert Abdul Aziz Bari are not being cited for sedition for saying that the Malay rulers can be dethroned?

 

Isn't this the same with what the late Karpal Singh said about the Perak sultan. Where are the protectors of the Malay rulers? Perkasa and Isma, where are you? Where are the police reports?

 

Such a clear case of discrimination and selective persecution, and you want the rakyat to support the present government?

 

Oriole: And in which hudud-implemented nation in the world have we actually seen the rich, the powerful, the royalty and the ministers being punished under this law.

 

Principles and theories on paper are quite different from the actual implementation.

 

Do you honestly see such punishments happening in sycophantic, obsequious Malaysia where people are constantly bowing and kissing hands of authority figures and crawling around them? And where courts have twisted judgments to win the favours of their political masters and their heads?

 

It's dangerous to give such undertakings without qualifying them.

 

Goblok: In theory, yes, no one is above Islamic law but in practice it is another story. Just take a look at Brunei .

 

Can syariah courts avoid selective prosecution?

Kawak: The hudud law may be divine but for sure human beings administering justice cannot be completely a divine soul.

 

A syariah court judge may be biased  and be influenced by factors such as religion and race which were so politically motivated in Malaysia. More so, if the judges were also graduates of the Biro Tatanegara (BTN).

 

F1: Hudud law has no place in a civilised society. It is cruel and unnecessary. How is the country going forward with so many amputees (I don’t see them being more productive than the able body human).

 

Made these petty thieves or criminals do hard labour or something. It’s hard enough for a person who committed crime to be accepted back into the community, let alone amputated ones.

 

The majority of criminals who do repent can still lead normal lives and successfully integrated back into society. By taking away their limbs, you are essentially depriving the individual his or her livelihood forever.

 

Swipenter: Hudud implementation in Iraq during Saddam Hussein's regime was used to punish his political opponents and dissidents.

 

No judicial system is perfect but one that claims to be divine is more dangerous to the ordinary citizens and is more likely to be opened to manipulation by those in position of power to justify harsh control and oppression of the masses to maintain political power, control and to secure their positions.

 

History tells us so irrespective whether these divine laws were Middle Age Christian, Islamic, ancient Chinese dynasties, Aztec, etc.

 

We don't have to go very far back - just less than a month ago, a small country wanted to implemented hudud on its citizens but with the royal family exempted from it. This is pure selective application of the hudud.

 

Adsertor: There is only one acceptable way to resolve this hudud law once and for all - a national referendum. This is too divisive an issue to be entrusted to politicians, even elected MPs.

 

Corgito Ergo Sum: And the results of a national referendum can also be manipulated to get whatever ends you want.

 

Turvy: Bar Council chairperson Christopher Leong's remarks raise issues concerning our legal system that goes beyond the topic of the conference.

 

If efficacy of the laws is a reason for the introduction of hudud, why is there no formal comment from the main participants of the civil law system. Is there a breakdown of law and order so great that we need these new laws?

 

If the upholders of the law are our judges, why this stony silence from them? Have they all wasted a life paid from public funds observing the wrong laws.

 

If their collective conscience is troubled, should they not undo the damage they have done by reversing all their decisions? What have been some of the judicial views about mandatory death sentence?

 

Is memory so damaged that we do not remember the reason for our being within the civil law system?

 

Fair Play: Hudud is supposed to apply to all Muslims. Of concern far greater than selective prosecution is selective exemption.

 

AB Sulaiman: I see myself 10 years from now, in 2024. As I go about, I see many former or present politicians, civil servants and police officers with amputated hands.

 

This grim scenario can mean only one thing - that hudud has successfully and equitably been implemented.


The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. Subscribe now .



Malaysiakini
news and views that matter


Sign In