Hudud can be a frightening thing, especially to Non-Muslims. From amputations to death by stoning, what is it really all about? Here’s 10 quick and interesting facts on hudud:
1. For non-Muslims, hudud used to be a choice.
That’s true, before the recent amendment, non-Muslims were given a choice as to which law would be applied to them. Now however, Non-Muslims need not fear because this law will now only be for Muslim individuals.
2. There are 6 main offenses in the Hudud law
Hudud Law consists of 6 offenses, namely Riddad ( Apostasy), Sarqiah (Theft), Robbery (Hirabah) , Syrub ( consuming liquor), Zina ( Adultery) and Qazaf ( Adultery without witnesses)
3. Yes, there are amputation of limbs, but only the right hand and left foot.
Amputation will only be exercised for Theft and Robbery. Those who stole because they are in poverty however, would not be affected by Hudud law, also for those who are under the age of 18. Here’s a more detailed list on amputation under hudud law.
4. The presence of witnesses is compulsory.
If someone is accused under Hudud law, there must be two or more witnesses that must be able to back up that accusation. Furthermore, the witnesses can and only be male Muslim adults. That means women cannot be a witness.
5. You can pay off your punishment.
It’s called a Diyat. The victim or Wali is allowed to pardon the offender by means of monetary compensation. The rich will definitely be in a better position by using monetary compensation to escape the worst of qisas punishment such as death, while the poor will almost always have no option.
6. If the offence cannot be proven under hudud, it will be Ta’zir
This means that the punishment will be determined by the state’s law or at the court’s discretion. Ta’zir punishment for crime not measuring up to the strict requirements of hadd punishments, although they are of the same nature, or those for which specific punishments have not been fixed by the Quran.
7. Pregnant women are only given a slighter mercy.
Pregnant offenders only gets a delay in sentence. The stoning and whipping punishment would deferred until after delivery of the baby or the completion of breastfeeding.
8. Hudud is by the people, for the people
The Kelantanese people are in favor of the hudud law implementation and is therefore exercised in the state with full effect. They thought that by exercising such a law, it would curb crimes from taking place and lowering the crime rate due to the harsh consequences.
9. Physical or circumstantial evidence is not accepted in hudud.
Except for zina (adultery) and syurb (intoxication), meaning that oral accusations by witnesses are deemed valid and carries an evident weight. All these are vital evidence which help form the bigger picture of the events of the crime. With this thrown out of the window in hudud trials, how are the police and prosecution supposed to convict a criminal – especially when there are so many crimes that can be committed stealthily without any witnesses?
10. You can fulfill your fetishes without being lawfully taken down.
In a recent amendment of hudud law, they had recently dropped lesbians intercourse, necrophilia and bestiality as crimes.
Our number one tip, please be on your best behavior when stepping into Kelantan!