RPK in his recent work seems to suggest so .....[extract below]
A critical analysis of Hudud could lay the matter to rest. Those opposed could become converted if the real issue is explained. But then this will end the confusion. And the objective is not to end the confusion. The game plan is exploitation and deception. That is how ‘good’ politics is played. And there is only one type of politics, the type that wins.
Thieves must not be automatically punished under Hudud. The circumstances need to first be explored. Under common law thieves must not escape punishment. The circumstances do not matter. If a thief is a thief because of circumstances then the thief is not a thief and society must instead be punished, as far as Hudud is concerned. Society will be ordered to adopt the thief. The thief will become the ward of the state. And the thief can now leave his life and crime and enter into a life of adoption.
Such is the beauty of Hudud. A thief is not a thief. A thief becomes our adopted child. And if, again, he needs to steal because we have failed him, then we receive punishment instead. The thief loses no limb. But do people understand this? They do not because they are meant to not understand. . . .
No, Hudud is not evil. Hudud is better than what we have now. But it can be worse if we want to make it so. And chances are the evil in man will make it worse. That is what makes the matter dicey. [read more]
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