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Do Not Legislate on Faith

Should Malaysia have a law to punish Muslims who leave the religion? The Hudud Enactment in Kelantan already prescribes the death penalty for apostasy. For years PAS (Pan-Malaysian Islamic Party) has tried to introduce a private members bill in Parliament to impose the death penalty for apostasy as a federal law. The Government has been under pressure to enact a specific law for apostasy, not just from the opposition, but also from within UMNO (United Malays National Organisation).

In this holier than thou battle for the hearts and minds of the Muslim voters, the Government has now responded by drafting a model statute called the Islamic Aqidah (Faith) Protection Bill 2000. This bill was adopted by the Perlis state assembly last April and a Bernama report last week quoted the Parliamentary Secretary in the Prime Minister's Department saying that the bill is being finalised and will be sent to the Attorney-General's chambers before adoption by Parliament to be enforced in the Federal Territories. It can be expected that other states will follow suit. (FULL STORY)


Apostasy

Sisters in Islam views with concern the continuing attempt by the PAS Member of Parliament Tuan Haji Abdul Hadi Awang to move a private member's bill in Parliament to impose the death sentence for apostasy. In recent interviews with the foreign press in particular, PAS has adopted the language of democracy, human rights, freedom of expression, justice and equality. How does the party then reconcile these principles with the call for the death sentence on Muslims it believes to be apostates?

This provision, which is also included in the Hudud enactment passed by the Kelantan State Legislative Assembly in 1993, totally ignores a significant body of opinion among the ulama from the earliest Islamic history that apostasy is not a capital crime. Many prominent ulama throughout the centuries have held the view that apostasy is not a hadd (singular for hudud) offence. This view is founded on the fact that the Qur'an is completely silent on the death penalty for apostasy. (FULL STORY)

Qur'anic Verses

Invite all to the way of your Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious. (Al Nahl, 16:125)

Had your Lord willed, everyone on earth would have believed. Do you then force people to become believers? (Yunus, 10:99)

Let there be no compulsion in religion: Truth stands out clear from error. (Al Baqarah, 2:256)

If they do wrangle with thee, say, "Allah knows best what it is you are doing". God will judge between you on the Day of Judgement concerning matters in which you differ. (Al Hajj, 22:68-69)

 

Memoranda

Syariah Criminal Code (II) 1993 State of Kelantan.

Provisions in the Syariah Criminal Offences Act.

Reform of the Islamic Family Laws and the Administration of Justice in the Syariah System in Malaysia (Dengan Versi B. Melayu)

Reform of the Islamic Family Laws on Polygamy (Dengan Versi B. Melayu)