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©Malaysiakini (Used by permission)
by Azreen Madzlan

Civil society groups today asked the government to focus on fighting the crime of corruption instead of criminalizing moral issues.

The Star and New Straits Times reported today that two Islamic bodies want non-Muslims found committing khalwat (close proximity) with Muslims to be held liable in civil courts.

Contacted by Malaysiakini today, Bar Council vice-president K Ragunath said it does not matter which court is utilised to sentence non-Muslims committing khalwat because it is clearly stated in the Federal Constitution that Malaysia is a secular country and Syariah law is not applicable to non-Muslims.

He said besides coming up with a new legislation, the government should also work on education and awareness programmes if the government sees khalwat as a major problem among non-Muslims.

The government, Ragunath said, should focus on more important issues such as fighting corruption which is also a fundamental of the religion.

“Why are we focusing on punishment and embarrassing others only? We should focus on the greater understanding of the religion among the public and to make Islam more friendly to non-Muslims.” he said.

Meanwhile, Aliran president P Ramakrishnan said that personal conduct and moral issues should not be criminalized.

A paragon of virtue, he said, will do well to direct attention towards universal values that are common to all traditions, adding that the government should focus on fighting crimes and not obsessed with narrow contentious issues.

Focus on national unity

“Corruption is a heinous crime that can damage the nation and deny countless people of welfare assistance from the state. So, what are they going to say regarding that?” he asked.

Suaram executive director Yap Swee Seng said, it is unfair and unjustified for non-Muslims to be charged with such a laws as close proximity with a Muslim.

“I think for a country like Malaysia, we should be promoting more interaction and integration among the races for national unity. This kind of proposal is not helping at all,” he stressed.

Yap said it was also a violation of the rights of non-Muslims to have to face a law on a faith other than their own.

In Malaysia, a khalwat offence is deemed to be committed when a man and a woman, either one of them is Muslim, and are not family members, are caught in close proximity even in public places.

In 2003, Kuala Lumpur City Hall fined a Chinese couple found hugging and kissing in a park. The incident has raised concerns among the non-Muslims about their rights.

At the moment, there is no jurisdiction to sentence non-Muslims committing khalwat with Muslims and this requires legislative amendments.

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