©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.