Mohammad Hashim Kamali examines the reasoning, or the lack thereof, behind the Kuantan syariah court judgment. ........ Download the full article in pdf attachment (below)
For further reading: http://www.malaysia-today.net/kartika-drags-syariah-justice-into-spotlight/
This article was also published in New Straits Times on 1 September 2009.
With syariah legistlation continuing to develop in the empowerment of religious courts, Mohammad Hashim Kamali asks if hudud remains open to fresh interpretation.
Kuala Lumpur: New Straits Times, 25 April 2009, p 16.
being the Malay translation of my article “The Hudud Concept,” serialised in 3 instalments in the K.L, Malaysia, broadsheet Berita Minggu (11.6.1995) and Berita Harian daily of the 12th and 13th June, 1995.
This article is presented in five parts. The first part highlights the provisions of the Bill concerning the six hudud offences that will be the focus of our discussion throughout the article. Part two is basically a statement of the problem and it is concerned mainly with the specifics as to where and how could the Hudud Bill be amended and improved. The next part presents a perspective concerning the understanding of hudud in the Quran and related development in fiqh. Part four enquires into the evidence concerning the punishment of stoning (rajm) for zina and underlines the issues which have given rise to differences among the madhahibs. The last part of the article surveys recent views and contributions of Muslims scholars on the implementation of hudud in contemporary Muslim societies.............. Download the full article in pdf attachment (below)
Arab Law Quarterly (1998), pp 203-234.
" The Bill is a product of undiluted imitation taqlid failing to acknowledge the contemporary realities of society and make necessary adjustments to some of the fiqhi formulations of pre-modern times.... the author deals in depth with the concept of hudud in general, adn its different manifestation in particular areas..."
Dr. Muhammad Fathi Osman
International Islamic University Malaysia
By Mohammad Hashim Kamali
Punishment in Islamic Law: An Enquiry into the Hudud Bill of Kelantan. Kuala Lumpur: Institute for Policy Research, 1995, pp 178. Reprint by Ilmiah Publishers, KL, Malaysia, 2000. Malay trans. by Norhayati Hj. Kaprawi & Zaitun Kasim, Ilmiah Publisher, K.L. 2003, pp 204.