This study argues that the discourse on hudud would not be complete unless hard questions surrounding its substance and practical procedures are judiciously disposed.
Much has been written on the issue of applicability of hudud law in Malaysia. But, by and large, the discourse revolves around its feasibility or otherwise in the context of the existing legal framework at the behest of local academia as well as politician. Little attention has been paid to the question of the type and model of hudud that is going to be codified.
Implementation of Islamic criminal law particularly of the hudud at present time, beyond its politics, raises numerous juridical problems of substantive law, procedure and evidence. Its recent practice by some countries has been viewed as premature and arbitrary on these accounts. When debating such possibilities in Malaysia, the approaches seem to have been more legalistic than jurisprudential. To me this is a dimension which needs to be thrashed out if we are desirous of sensible application of such laws in Malaysia. To this end, this paper after offering an over view of the legal discourse on the issues, attempts to point to some serious juridical questions under the subheading of rethinking hudud issues with the purpose of stimulating enlighten discussion of hudud in the country.
Title: Discourse on Hudud in Malaysia: Addressing the Missing Dimension
Author: Sayyid Sikandar Shah Haneef
Published in: Journal of Islamic Law and Culture, Vol. 12, No. 2, July 2010
Length: 15 pages