Call for Rational Debate of Hudud and Implementation of Syariah Compliant Govenment Policies on Non-Muslims

It is encouraging to find Malaysians across the race-and-religion divide coming together to call for rational debate on hudud and the related Kelantan Syariah Criminal Code (1993), and affirming that: – As all Malaysians, Muslims or non-Muslims, Kelantanese or non-Kelantanese, are rightful stakeholders in the enforcement of KSCC, no one should be penalised, threatened or … Continue reading “Call for Rational Debate of Hudud and Implementation of Syariah Compliant Govenment Policies on Non-Muslims”

It is encouraging to find Malaysians across the race-and-religion divide coming together to call for rational debate on hudud and the related Kelantan Syariah Criminal Code (1993), and affirming that:

– As all Malaysians, Muslims or non-Muslims, Kelantanese or non-Kelantanese, are rightful stakeholders in the enforcement of KSCC, no one should be penalised, threatened or ridiculed for having or expressing any opinion on the matter.

– The success of Islamic banking in winning over the hearts and minds of non-Muslims through rigour and proven benefits, rather than a deceiving assurance of non-Muslim exclusion or a sloppy “trial-and-error” attitude, should be an inspiring example.

– The implementation of KSCC must not be decided on a winner-takes-all manner, such as a simple majority in the Dewan Rakyat, for this will risk tearing the country apart.

– The inclusive spirit of the Federal Constitution and the 1963 Malaysia Agreement, which lay down the secular basis of the Federation of Malaysia, must be upheld.

First, the provisions of the Kelantan Syariah Criminal Code is so evidently ultra vires the Federal Constitution that there is a prima facie case to reject it out of hand. It is agreed that the call for rational dialogue should not be restricted to debating whether one should support or oppose hudud. It is a call to all Malaysians to respect the provision related to the status of Islam and other religions in the Federal Constitution which is premised on a secular framework. Put concretely, the starting point for dialogue should be the original intent of the Federal Constitution as a secular-state where there is no establishment of religion, or  provision for a dominating position for Islam. In this regard hudud or any Islamic law should not be part of our legal system, except in matters of personal law specifically enumerated in the Constitution. See related post: Malaysia Social Contract (Part 1): Religion and Equal Citizenship and Historic Documents on the drafting of the Constitution.

Second, the rational debate should publicly call into question not only the overt hudud agenda of the Kelantan government, but also the arguably, clandestine introduction of syariah compliant provisions in various State enactments in UMNO dominated State Legislative Assemblies (Dewan Undangan Negeri), and imposition of syariah compliant policies in the government departments affecting non-Muslims. Hudud naturally elicits strong and vocal opposition from all reasonable Malaysians as its implementation is an obvious and undeniable act of injustice against non-Muslims. In contrast, the introduction of syariah compliant laws and departmental policies are subtly and incrementally implemented so that non-Muslims remain unaware of the gradual erosion of their fundamental liberties.

In either case, the inclusive spirit and universal justice enshrined in the Federal Constitution would be shattered by the fatal blow of hudud, or gradually extinguished by the covertly introduced syariah compliant laws of the State Legislative Assemblies and government department policies. Continue reading “Call for Rational Debate of Hudud and Implementation of Syariah Compliant Govenment Policies on Non-Muslims”

Censorship, Interfaith Dialogue and Democratic Virtues

The recent amendments to the Sedition Act effectively curtail freedom of speech as the prospect of being hauled up by the authorities for alleged sedition will discourage public debates on social-political issues. There is little assurance that the government will not abuse the wide ranging power given by the Act to suppress democratic dissent, given … Continue reading “Censorship, Interfaith Dialogue and Democratic Virtues”

The recent amendments to the Sedition Act effectively curtail freedom of speech as the prospect of being hauled up by the authorities for alleged sedition will discourage public debates on social-political issues. There is little assurance that the government will not abuse the wide ranging power given by the Act to suppress democratic dissent, given it pattern of selective enforcement of the law against opposition leaders, lawyers, journalists and civil rights activists.

It should be noted that some Muslim extremists have found it convenient to accuse leaders of the non-Islamic communities of sedition, when these leaders are only defending religious liberty that is enshrined in the Constitution. The amendments to the Sedition Act will embolden these extremists to continue making unfounded and irresponsible accusations.

It would be regrettable if the government uses the Sedition Act to restrict religious freedom, and apply censorship laws to control religious dialogue and debate, as it ends up depriving its citizens of the very tool that could help overcome ignorance and prejudice between religious communities. Indeed, it is the duty of the government to counter religious extremism by promoting open and honest interfaith dialogue.

It is timely that we analyze the problem of censorship of religious freedom and the imperative for genuine interfaith dialogue so that we may cultivate mutual respect and acceptance between various religious communities. Continue reading “Censorship, Interfaith Dialogue and Democratic Virtues”