Note; This was my first posting in February 2006
The word Limit carries the meaning boundries or border in English. In Malay HAD also carries the same meaning. The malay word HAD must have been derived from the arabic word, Hadd, Ha dal dal or hudud in arabic …. It is pretty simple.
Laws provide limits or boundries to govern human behaviour. Trangressing the limit set, invokes certain penalties and consequences. The same applies to divine laws.
Contrary to the general perception, hudud is not just about punishments. Lest we are ignorant, categorised as hudud are the guidance to the limit of inheritance, the rights of women, the law of adoption, weights and measures, the limit to witnesses and judges, marriages, contracts, the rights of the poor and orphans etc. ; I must categorically highlight nowhere could I find in the BOOK the death penalty for apostasy.
In the case of punishments, when the law is transgressed or the right of another being is transggresed, or someone is found to be guilty for a penal offence, the Book provides the extreme limits to what is allowable for punishments. Can you imagine a situation where stealing is punishable with the death penalty. There are draconian laws around including those secular laws. The limit set is supoposed to make mankind civil, borrowing the present day secular term.
Hudud is therefore the divine limit to guide mankind in conducting and governing his affairs. It is supposed to be so simple and flexible. It is the limit. As to the actual quantum of punishments or the the actual settlements of inheritance or contracts, or other affairs the balance of justice is determined by human wisdom and righteousness. That is the basis for the fundamental law of existence with the prime objective of being just and yet compassionate.
Why does divine laws have to be exclusive and elitist. sacred? untouchable? Divine Laws are supposed to be simple, practical, just and fair. Yet, mutiliations are too numerous. It is not just islam that suffers the mutiliation of divine laws. Daylight hijacking of divine laws, has been happening right under the eyes of the ignorant masses, Islamic Law, called Syariah, included.
To the masses, Syariah, seen as sacred, is often projected and percieved as incomplete without the so called hudud. It has been made so islamically exclusive, so priestly, so brahmin, that the worldview of islamic law, read hudud, is always associated with the amputation of the limbs, the stoning of adulterers, the killing of apostates. Blatant lies, I say.
I take the view that Hudud is nothing more than practical, Divine limits in dispensing justice. It is not cutting of the limbs and the stoning of adulterers. God simply set the limits, in this case to punishments. Is it really severing of the Limbs? I say no. ( read my posting on punishment for stealing)
I repeat. The underlying principle of divine laws is justice, compassion and the ability to exercise wisdom.
I call out loud “All earthly laws are man made including the syariah”. If a man made law, achieves what laws are made for, to dispense justice, and does not trangress the limits set by the Divine Being irrespective what it is called, I CONSIDER IT divine, God compliant. With all laws claiming to be just, the challenge is to capture the spirit of compassion and to display wisdom. Even the Syariah MUST be subjected to the compassion test and the wisdom test.
And yet, a demon has been created by the name of HUDUD. A Guide for mankind has been made so tribal. For God sake go and challenge the so called “proffessionals”, guided by The Message!!
Do I subscribe to Hudud? Yes I do.