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Ismail Yurdakok

I had written an e-mail letter to Mohammad Hashim Kamali about his article on ‘not
to apply heavy Islamic criminal law (hudud) (in practice: abolish Islamic criminal
law)’ on May 2009. But no any answer came in last six months. That’s why, I now
wanted to upload the letter to that no any better position was
not seen in Malaysia criminal reports in last months that some recent not-good
examples were also added after the letter.

Attention: Prof. Mohammad Hashim Kamali,

CEO of International Advanced Islamic Studies/Malaysia

Assalamu Alaikum,

Dear Professor,

When I saw a news in New Strait Times last thursday (May 21, 2009) “Mother, child
and maid murdered by robbers, one fleeing suspect caught...victims Wah Ya Matzi,
42, Ermin Denish, five , and Indonesian maid only known as Dani, 18...” and I
entered that website a few hours later, it was written “...ex-convict held over
murder of 3, including mother and 5-year-old son..” after reading this news, I
remembered your article about hudud in New Strait Times April 25, 2009 that your
sentence: “...probation orders, remand centres, community service, open prison,
police attendance, suspended sentence and the like that are absent (in classical
Islamic law)..”

It must be studied that how much successful these applications on a murderer? And
it is possible to look at the judicial statistics that how many ex-convicts return
to their jobs ! in how many coming months? In your article your emphasizing on
repentance (tawba) is absolutely useful (and we find statements like your
sentences in classical (especially Shafii) Islamic law texts) but from an another
side, Islamic jurists like you also must think the victims. WHO WILL PROTECT THE
MAZLUMS (who has been wronged) In my visits to Malaysia in last five years, I
observed Malaysian elites sit in high security houses, apartment blocks circled
security guards..but who will protect millions of (poor)
peoples from ex-convicts, murderers, experinced (or amateur) burglars. And the
most important question: Is not Malaysia in need of a deterrent judicial system?
Only in last week; these news, I saw (only) in NST website:

“Snatch theft suspect charged with killing pregnant woman” May 21, 2009

“Waitress raped at cemetery” May 22; “Girls allege stepmum beat, made them drink
her urine” May 22; “Taxi driver claims trial to raping passenger” May 22; “Three
police constables detained over rape of Indonesian girl” May 22; “Forced into sex
with uncle: Seremban: A 14-year-old school dropout from Nilai has accused her
mother of making her a sex slave to her uncle for four years.” May 23; “National
badminton head coach Rexy Mainak’y’s wife suffered injuries when dragged by two
snatch thieves in Ampang, last night” May 23; “Lecturer, sister held over death of
Maid: Petaling Jaya: A part-time lecturer at Universiti Malaya and his sister were
detained by police yesterday to facilitate investigations into the death of an
Indonesian maid” May 24; “Cops kill man who held family hostage: Armed with a
single-barrell shotgun and a parang, an Indonesian man entered at 1 am and held a
couple and their three children hostage more than 13 hours, demanding a RM 3,000
ransom” May 24; “Robbers offered loot in return for family’s safety: Kulala
Lumpur: The woman, in her late 50s, offered the five men, believed to be
Indonesians, cash, jewellery, laptops and mobile phones, estimated to be worth RM
30,000, in return for the safety of her three children and a grandchild. The woman
was awakened by a scream from her 15-year-old son about 4 am. She realised there
were robbers in her house and locked herself in a room..” May 24; A citizen’s
letter (Varughere from Batu Gajah) in NST: “Rape: Precautions to be taken. It is
indeed very sad and disgusting that a 17-year-old girl’s short trip turned into a
nightmare when she was assaulted and raped by a taxi driver...” May 15;

Should not we ask after these examples: Are tazirs (different precautions)
sufficient for the above scenes? Forgive me but if your wife/daughter/grandchild
would be raped and killed by a convict what would be your reaction against him?

About the application/execution of heavy punishments, we see in Quran that:

“...You must not behave in any position of pity (mercy) for them in the
application/execution of Allah’s (God’s) religion(’s these laws), if you believe
in Allah and the last day. And let a party of believers witness their punishment”
(Chapter of Nur, verse 2)

And your sentence: “...Western media and human rights activists that have taken
the hudud as a centre-piece of their anti-Islam propaganda.” You are right but why
we do not criticize Western punishment system? Is ‘Prison system’ for example a
fair (and successful) system that they put the men in a building like hut/cot of
chickens? Even in dictionary we can see: “coop: cage, esp for hens with small
chickens, and coop up: put in a coop: confine (imprisınmenment) a person): How
long are we going to stay cooped up in here?” (Oxford) Even it is heard some
convicts rape the other convicts. Some fresh convicts learn more detailed
knowledges about his jobs! in prisons from ex-convicts.

And we know that Western media’s demands for years always go on that for examle
the reason of “Carton crisis” was not from hudud.. A minority group in Western
media always find a reason to attack Islam. If we accept their demands they want
even to move some verses from Quran and some rules from our creed.

Another topic in this point is “Islamic law is universal or not?” Abdulqadir Udah
and Joseph Schacht (although his book An Introduction to Islamic Law has got a lot
of mistakes about Islamic law) put this section in their books. As a result we
also can find verses in Quran that Islamic law has not got a claim that it is
universal but on the contrary it gives freedom to non-muslims (of Islamic State)
to go on to Islamic courts or not. Islamic courts are not interested in the
judicial problems of non-muslims (at least in all of the classical texts) that’s
why we as muslims have got a right to ask that why non-muslims question/criticize
our (Islamic) law with heavy (and mistake) judgements like Western media does

Your sentence “..Islam stands on its five pillars, and hudud is not of them” is
also controversial. After mentioned this sentence a man can say: “Drinkink wine is
not important because it is not from the pillars of Islam. To take interest/usury
or to spend the properties of orphan are not a sin because it is not from the
pillars of Islam; (not) to do adultery or (not) to kill a man are not a sin/crime
because they are not from the pillars of Islam. And your mention of Islam’s
compassion is also argueable. Because in this topic and especially in criminal law
“justice/adalat” is more important than compassion that mazlums wait from the
court their rights. The duty of court is to apply the law and judge is like a
surgeon that he must fulfill the necessary surgical operations; if judge shows
compassion to the ill and leaves the surgical operation the (all of the
/community/nation) will die.

From your approach: it is possible to use a sentence: “The Prophet Muhammad

(p.b.u.h.) was sent for/to establish ‘excellent ethics’ ( utammima makarim al-
akhlaq” and that’s why it is not appropriate to cut the hands off (of some of his
ummah)” and “The main goal is ‘makarim al-akhlaq’ not to cut the hands.” Like a
these sentences are good for ears/for Western media but we should also think the
mazlums and the security of millions. These robbers/thieves -in the above examples
we saw- are not stealing from hungry that only RM 1 or RM 2-5 are enough but they
want RM 3,000 to 30,000 in the real events (of last week) and may be Hafazanallah
tomorrow they can enter to your house.

Dear Professor,

Hudud is/may be an internal political debate in Malaysia among some political

parties; but you are an international renowned scholar and (Allah knows the best
but) you are also at the last quarter of your life. That’s why your writings are
very important for our ummah, next muslim generations and your next world account.
And your first sentence in the article: “The issue I raise below is over the
scriptural, as opposed to the juristic, understanding of the hudud, and what I am
proposing is a revision of the whole concept...” when we look at from a different
viewpoint, we can find supporting statements (for your article) from the early
centuries of Islam from great imams to the most radical Islamic jurist of 20th
century Abdulqadir Udah (Rahimehullah) about tawba before the execution. But we
also that The Prophet Muhammad (p.b.u.h.) himself applied these hudud in Madina
period that sinner companions (Radiyallahu anhum) showed repentance before (and
sometimes after) the executions but the hudud were applied on them.

Mr. Ismail Yurdakok

Some important crimes/murders in the last three months of 2009


2009/10/31 New Strait Times
By Alang Bendahara

KUALA LUMPUR: A prominent corporate lawyer was strangled by three assailants in

his house in Jalan Batai, Bukit Damansara here early yesterday morning. M.
Thiruchelraegaran, 75, was believed to have been murdered for refusing to point
out the keys to a cabinet which contained valuables. The incident occurred at 4am
after the three assailants, using shovels, forced open the front door of the two-
storey bungalow. They went into the kitchen and armed themselves with knives
before waking up the victim, his wife and their maid. The wife and maid were
locked in one of the rooms while the assailant took Thiruchelraegaran to the
living room. City Criminal Investigation Department chief Datuk Ku Chin Wah said
initial investigations showed that the assailants had also used a pillow to
smother the victimAfter killing the victim, they ransacked the house and escaped
with an undisclosed amount of valuables." Thiruchelraegaran's wife and maid later
freed themselves and contacted the police.
Ku said Thiruchelraegaran was a practising lawyer and was scheduled to attend
court yesterday where he had filed bankruptcy proceedings against a company. "We
are investigating all possible motives, including whether the murder was related
to the bankruptcy case." Meanwhile, a friend, who did not want to be identified,
said Thiruchelraegaran had rented the bungalow two years ago. "The neighbourhood
is exclusive and quiet.
"None of the neighbours suspected anything amiss until the police arrived at the
bungalow," he said. An employee of the victim said Thiruchelraegaran was an expert
in corporate cases and still attended court despite his old age. Thiruchelraegaran
had a law firm in Seri Petaling.

Man jailed 3 months, fined RM13,000 for molesting 2 kids


Pekan, Mon: A 38-year-old teacher in Pekan, Pahang, was sentenced to three months'
jail and fined RM13,000 after he was found guilty for molesting two primary pupils
in 2005.

Man charged with murder will know fate on Nov 11

2009/11/02 By Rita Jong
SHAH ALAM, Mon: An economics graduate will know on Nov 11 whether he will be
convicted and sent to the gallows or he will be freed from the charge of murdering
medical researcher Norzi Ayu Mohd Noor five years ago. High Court judicial
commissioner Mohd Yazid Mustafa fixed the date yesterday after hearing submissions
from the prosecution and defence. I. M., 27, from Pasir Mas, was charged with
murdering his girlfriend Norzi Ayu, 26, at No 2-1-6 Block ST2, Apartment Sri
Tanjung , Jalan 7/1D, Section 7 in Bandar Baru Bangi between 3.30pm and 5pm on
July 26, 2004. Norzi was pursuing her master’s degree in genetics at Universiti
Kebangsaan Malaysia. I. was ordered to enter his defence on June 19 last year.
DPP Roslan Abu Bakar prosecuted while I. was represented by counsel Imran Hadzali
Abdul Hamid.

Man charged with wife's murder

Tan Teik Siew, 53, is charged in Penang Magistrate's Court with murdering his
wife, Chong Swee Lin, 50 by splashing acid and causing grievous hurt to daughter
Tan Hui Lin, 17 by splashing acid on her face and body
By M. Hamzah Jamaludin
KUANTAN, Tues: It was the most harrowing experience for a couple when four men
armed with meat choppers robbed them in broad daylight behind a bank in Jalan
Beserah on Monday. The 4.15pm incident happened when the restaurant owner and
wife, in their 40s, were about to leave on a motorcycle after withdrawing cash at
the bank counter. They had earlier kept the money in the motorcycle's carrier box.
The suspects on two motorcycles suddenly blocked their machine and forced them to
surrender the cash at knife point.
One of the suspects had also pushed the victim's wife on the road before grabbing
her handbag. The suspects immediately fled the scene after taking the money and
the woman's handbag. State police staff officer Assistant Superintendent Noor
Asyikin Shamsuri said the couple lost about RM32,000, a handphone and other
important documents in the incident. They were supposed to use the money to settle
their loans and pay their workers' salaries.
Asyikin urged those with information to contact the state police Hotline at 09-
5151999 or the nearest police station.

Intruders rob family

DUNGUN: A family of six was robbed by four intruders early yesterday morning in
Bandar Muktafi Al-Billah Shah here. State Criminal Investigation Department chief
Assistant Commissioner Mohd Fauzi Abduri said two of them held the 36-year-old
shopkeeper and his 33-year-old wife at knife-point, while the other two ransacked
the shophouse.They then tied the couple up and fled the scene. The victim lodged a
police report claiming RM10,000 worth of items, including two gold chains, a
bracelet and RM300 in cash were stolen.

Trio linked to fleecing VIPs nabbed

HULU SELANGOR: Three men who lured unsuspecting VIPs to participate in an illegal
get-rich-quick scheme have been arrested to facilitate investigations. A police
team rounded up the trio when they were cruising in a black Jaguar near a
restaurant in Bukit Sentosa here early today. In the incident about 12.30am, the
police seized RM600,000, believed to be investments for the scheme, which was
found in a bag hidden in the boot of the car. Two other bags containing lists of
names of investors were also found in the boot. The suspects, aged between 29 and
37, have been remanded for four days.
Hulu Selangor police chief Supt Norel Azmi Affandi Yahya said initial
investigations revealed that the victims comprised VIPs who were promised
lucrative returns within two weeks, for every RM1,000 invested. He said the lists
contained the names of 500 investors since the syndicate began operations in 2004.
The police chief said the case would be handed over to the Bukit Aman Commercial
Crime Investigation Department and Bank Negara for further action. - Bernama

Seven detained to assist probe on murder case

KUALA LUMPUR: Police have detained seven men, including a local, in connection
with the death of two men who were assaulted by about 50 Myanmar nationals at the
Selayang wholesale market yesterday. Sentul police deputy chief Supt Zainuddin
Ahmad said the men, who were in their 20s and 30s, were detained in areas near the
market early today.
They were detained to assist police investigation in the case, he added. In
yesterday's incident at 7.45pm, two out of eight men who attempted to rob a trader
was killed when assaulted by about 50 Myanmar nationals armed with machetes, wood
and knives at the market. - Bernama

Businesswoman loses RM900 in pepper spray attack

KUANTAN: Using a pepper spray, a masked man overpowered a businesswoman before
robbing her of RM900 and a gold necklace at the Felda Tersang plantation near
Lipis yesterday. The victim, in her 40s, had earlier arrived at the plantation to
buy palm oil when the incident occured at 3.15pm. The assailant had also hit the
unidentified businesswoman with a broom and chair before escaping in the 3.15pm
incident. She was warded at the Lipis Hospital in a stable condition, said Insp
Nur Zulaikha Isha of the Pahang CID secretariat. – Bernama


KUALA LUMPUR: Six men brandishing machetes escaped with RM900,000 in a robbery at
a moneychanger's condominium in Jalan Masjid India here on Friday evening. They
are believed to have waited outside the unit for the moneychanger's three male
employees to bring in the day's collection. A police source said when the
employees arrived, they pressed the door bell. "When the moneychanger's mother-in-
law opened the door, the suspects jumped out from behind a staircase and
confronted them," the source said. The robbers herded the three men into the
condominium and one of them threatened the woman and demanded money. The
moneychanger's wife and two children, who were in the unit, were also threatened.
"The suspects seized a bundle containing RM350,000 which was tied to the waist of
one of the employees and proceeded to ransack the flat. They also found another
bag containing RM550,000 in one of the rooms," the source added. The 24-year-old
moneychanger rushed home after receiving a call from his family and arrived with
the police. A closed-circuit television recording showed the suspects fleeing on
three motorcycles and they had their crash helmets on all the time. City CID chief
Datuk Ku Chin Wah confirmed the robbery.


By Alang Bendahara
SHAH ALAM: A Hong Kong businessman was robbed of about RM2 million in diamonds
while he was in a taxi heading for the Kuala Lumpur International Airport to catch
a flight home last Thursday. The taxi was rammed by a car shortly after it passed
the KLIA toll plaza. Several men rushed into the taxi and grabbed the bag
containing the diamonds and drove off. The businessman came to Malaysia to sell
diamonds to jewellers. Those stolen were the unsold ones. He lodged a police
report and then took the next flight back to Hong Kong. A police source said
police had arrested six people, including at least one woman, aged between 24 and
45. They are all from Colombia. Selangor Police chief Datuk Khalid Abu Bakar said
police were tracking down other suspects of the gang. "We have yet to find the
stolen gems. "We are having difficulties communicating with the suspects," he
said.The gang has been on a crime spree in Selangor.

RM 500,000 FACTORY ROBBERY 2009/11/13

NILAI: Two robbers made off with almost RM500,000 worth of electrical cables and
components from a factory here early yesterday. A masked man, armed with a parang,
was believed to have climbed over the fence before forcing three security guards
to open the gates to allow a lorry driven by an accomplice into the grounds. State
Criminal Investigation Department chief Assistant Commissioner Mohd Zaki Masroh
said the suspects tied up the guards before loading the lorry with the goods.
Police were notified several hours later when another security guard who turned up
for duty found his colleagues tied up.


DUNGUN: Police arrested a man shortly after the body of his murdered 80-year-old
relative was found in her home in Kampung Pak Sabah. The 42-year-old man tested
positive for drug use when he was detained on Monday. Muda Mat Zain's body was
found by her 61-year-old daughter at 6.40pm, sprawled on the floor of her bedroom
with her head in a basin of water. She had slash wounds to the back of her head
and waist and was also believed to have been strangled. State Criminal
Investigation Department chief Assistant Commissioner Mohd Fauzi Abduri said the
victim's daughter suspected something amiss as she had not heard from her mother,
who lived just a few doors away, the whole day. He said she asked her son to pry
open a window to gain entry to the house and discovered her mother's body in a
bedroom.Fauzi said relatives also reported two gold chains and two gold bangles
missing from the house.


KUALA LUMPUR: An influential figure in the building and construction industry died
without regaining consciousness yesterday, two days after he jumped out of a
window on the first floor of his home in a bid to escape armed robbers. Datuk
Patrick Wong, former Master Builders Association Malaysia president and founder of
Satujaya Sdn Bhd, was using his computer on the first floor of his bungalow in
Bukit Damansara about 7pm on Tuesday when three men armed with parang entered.City
Criminal Investigation Department chief Datuk Ku Chin Wah said it was not known
whether Wong had been assaulted, but Wong's family reported hearing one of the
robbers saying the 47-year-old had jumped out of the window.
Ku said police had classified the case as murder, although the motive was robbery.
He was president of Master Builders Association Malaysia between 2006 and 2008,
after holding several positions in the association since 1996


ALOR GAJAH: A mechanic died after being stabbed repeatedly by a thief who broke
into his home. Nasahrudin Ali, 24, died near his house in Taman Pahlawan, Sungai
Udang, yesterday after chasing and struggling with the thief. He had surprised the
man who broke into the home at 4.40am.Deputy state Criminal Investigation
Department chief Superintendent R. Gunarajan said Nasahrudin's parents rushed him
to the Terendak Camp Army Hospital but he was pronounced dead on arrival.


KOTA BAHARU: Rape cases in Kelantan showed disturbing statistics as the state
recorded an increase of 25 per cent last year. Kelantan Police Chief Datuk Abdul
Rahim Hanafi said of the 313 cases last year, 60 per cent involved victims below
16 years-old. "Twenty-three cases involved victims who were 12 years or below, 165
cases (13 to 16 years-old) and 125 cases above 16 years-old," he told reporters at
the state police headquarters here today. He said Kota Baharu recorded the highest
number of rape cases followed by Pasir Mas and Pasir Puteh. Through a survey,
Abdul Rahim said the police found that rape cases took place due to socializing
and consensual sex. He said in general, the crime rate in Kelantan last year had
declined by six per cent or 7,306 compared with 7,749 reported cases the previous
year. Abdul Rahim added that police were also studying whether to continue the
police beat bases in Kota Baharu which was stopped two months ago. -- Bernama