Insulting hudud is a Syariah offence, says Kelantan Mufti

Challenging PAS’ priorities is not mocking Islam, says lawyer.

PETALING JAYA: The Mufti of Kelantan Muhamad Shukri Mohamed yesterday repeated his warning that those who insult hudud can be charged under Syariah law.

“Muslims should not make fun of Allah’s law such as hudud,” Shukri was quoted by the New Straits Times as saying. “Do not simply comment or say words which can weaken the faith of other Muslims.”

He was reported to be referring to a video in Business FM’s “Kupas” series which caused an uproar and brought about police investigations into whether its presenter Aisyah Tajuddin and two other BFM staff have committed offences under section 298 of the Penal Code and section 233 of the Communications and Multimedia Act 1998.

Critics are asking what the fuss is actually about.

In the first place, the debate rages on as to whether the Syariah Enactment sought to be implemented in Kelantan is indeed divine law.

Yesterday, FMT reported Perlis Mufti Mohd Asri Zainul Abidin suggesting that hudud was not divine because it is based on ijtihad, i.e. views based on deliberations by scholars.

Politicians outside PAS appear happy to distance themselves from the Kelantan enactment by referring to it as “PAS’ version of hudud,” although Kelantan Umno Assemblymen voted in its favour in the State Assembly.

In any event, many dispute the suggestion that the video mocks Islam.

As FMT reported on March 23,  Aisyah’s explanation was that she was merely criticising PAS for the lack of leadership in addressing the socio-economic ills in Kelantan.

This appears to be a justified interpretation of the general theme of the video clip, a senior lawyer told FMT today.

“In the clip, Aisyah clearly asks how the state government has addressed issues surrounding flood victims who remain homeless after three months, the proliferation of drugs and rising number of divorces in the state,” he said.

“Nowhere did I see any blasphemous utterance or any other form of mockery of Islam,” he adds.

“Merely challenging PAS’ priorities in the administration of the state cannot be tantamount to mocking Islam.”

Citing section 298 of the Penal Code, he says that the most important ingredient of the offence is that there must be in the words of the section “deliberate intention of wounding the religious feelings” of someone.

Referring to section 233 of the Communications and Multimedia Act, he points out that it specifically governs content which is “obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person.”

None of those elements are present, he concludes.