Saturday, October 30, 2010

The Law of Equality In Punishment

Today, (october 3oth 2010), i read a newspaper about Datuk Sosilawati's case where her eldest daughter, Erni Dekritawati Yuliana Buhari (Rita) filed a claim worth RM40 million at High Court towards N Pathmanabhan and his friends.

This entry is not to discuss about this case, but to discuss about Rita's action.

"Tujuan kami hanya satu, bagi memastikan keadilan dapat ditegakkan sepenuhnya",
"Our goal is only one, to ensure that justice can be fully enforced". Quoted Rita.

She also hopes that people would not misunderstood with her actions.

For me, yes, people should not misunderstood, and so do they have to know in order to understand.

Why did I agree (actually, partial agree with this)? Simple, it is because of the same reason, 'justice'.
"please clarify more.."

First and foremost, ever heard the word of 'Qisas' ?

"O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment."
(Al-Baqarah: 178)

Did the murderers were sentenced to death ? no! only 7 years due to lack of evidences. What will you do if you're in her (Rita) shoes ? What is her situation now and onwards ? That is why i bold an important sentence there.

Secondly, readers might questioned to me that all of the murderers is an indian. So let me summarize their positions in this country (Malaysia). In this case, they have been categorized under "Kafir Dzimmi". Who is "kafir dzimmi" ? That is those who is not a muslim, which having a peace treaty with Islamic state. Moreover, they are also residing in the Islamic state and submit to Islamic rule. They are the citizens of Islamic state and the laws of Islam is apply to them except a few things excluded in syara'. They have the same rights as the rights of Muslim citizens and property of others Islamic state, blood and honor they are awake.

Islamic law is not the law of individuality, but the most universal law and it applies to all of us, and of course it applies to all of the citizens who lives in Islamic states, which suits for every situations and every decade.

But, to make it clear, Malaysia does not apply this law. In facts, there's a lot of differences between qisas and our current law. For instance, just one example;
1. According to current law, parties to the claim (the prosecution) is the government (public prosecutors), not the heirs of the victim.

All in all, I agree that her actions is to ensure that justice can be fully enforced.
By the way, if you noticed that I did mention about 'partial agree'. Well, that is because she said that she made a claim due to the loss faced by
the business operations of cosmetic companies. hmmm....


Najiha said...

I thought they were sentenced to 7 years in prison because they destroyed the evidences.they were not the main characters.

let's make a double check.

aidil-light said...

yup..they were sentenced to 7 years of imprisonment since the evidences had been destroyed.