The results of a recent Syariah law review seminar organised by the Islamic Institute of Understanding (Ikim) and the Syariah Judiciary Department Malaysia have done very little to relieve the anxiety of Muslims and non-Muslims alike concerning the continued perceived threat of Islamisation in this country. Our Islamic religious authorities appear to have a need to incessantly conduct moral policing and persecution of its own ummah ..
I believe that this situation is due to their feelings of increasing insecurity, a lack of understanding of a population of young people (who comprise 50% of the country's population) and an obsolete and damaging mindset of religion emphasising punishment.
As a Muslim and a Malaysian, I am dismayed and alarmed by the proposals produced during the seminar which reportedly are to be forwarded to the Attorney-General's Chambers.
Firstly, the proposal that non-Muslims committing khalwat with Muslims should also be sentenced accordingly in civil courts in the name of 'fairness' is not only possibly unconstitutional but is also a manifestation of a dangerous line of thought due to ignorance of other cultures and the need to impose, as opposed to encourage, the adoption of positive aspects of Islamic culture, norms and values.
That a Syariah Court of Appeal judge and the Syariah Lawyers Association of Malaysia have expressed support for this proposal is an ominous sign that there exists a lack of understanding of the Federal Constitution, of the limits and boundaries of Syariah Law and of the sentiments of both Muslims and non-Muslims in this country who are increasingly frightened and anxious on the issue of Islamisation in this country.
As Muslims, the reality is that we are inflicted with subjective and vague evaluations of khalwat situations, we are victims of overzealous religious officials, we are humiliated and demeaned during raids and ambushes besides deprived of certain protections under Civil Law provided to non-Muslims. I would not wish any of the abovementioned on our non-Muslim brothers and sisters or for them to ever experience what some of us have been unfortunate enough to face, particularly for moral transgressions such as khalwat .
The proposal to further punish Muslims caught for khalwat , prostitution, consuming alcohol and for involvement in gambling activities with heftier penalties, will in the end, if implemented, achieve very little in the form of prevention and deterrence.
Secondly, I am also appalled that the proposals included a renewed emphasis on whipping using the rotan . Whipping has been determined to be a form of torture as stated in international human rights law. Whipping violates the Universal Declaration of Human Rights (1948), the International Convention of Civil and Political Rights (1966), and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).
It is bad enough that as a society and culture, we condone whipping for crimes ranging from illegal entry into the country to drug trafficking. To propose enhanced punishment of moral transgressions or 'crimes of morality' with a maximum of 24 strokes of the rotan is to indicate to Muslims and non-Muslims that our Islamic institutions are more preoccupied with punishment to prevent and to deter.
Projecting the Syariah institution as one which emphasises tolerance, understanding, forgiveness and resolution should be preferable to an image of conservatism and one hell-bent on punishing the wicked.
I believe that a crisis of faith exists among some Muslims in Malaysia, particularly those who are young, who see an institution that has become rigid in practice, straightjacketed in its thinking and emphasising form over substance. It is increasingly having less influence and, I daresay, relevance, in our daily lives.
These proposals will contribute towards widening this crisis of faith and disillusionment. This renewed effort to legislate morality is an injustice as it only demonstrates the limited narrow- minded thinking of the interpreters of our religion in Malaysia as opposed to the progressiveness, fair, equitable and empowered beliefs of Islam.
As such, I am disappointed with Ikim which is supposed to promote understanding of Islam and is jointly responsible for the production of these proposals. It only decided to renounce one of the proposals after a public outcry came forth after the media report of the seminar.
Ikim has been given the mandate to promote understanding and awareness of Islam Hadhari among both Muslims and non-Muslims in Malaysia. This is not the way to do it.