Re:What about a FATWA on Detention Without Trial? - 2008/11/26 18:40Fatwa, as I understand it, are rulings by the Muftis on matters that have no direct authority in the primary sources of Islamic law i.e. the Quran and the Hadith (some people may disagree on what the sources are, but let us leave that for another day). For that reason, the Muftis do not issue fatwas on prayers, fasting, haj, zakat, adultery, liquor consumption etc. Maybe that is the reason they do not issue fatwas on corruption and ISA as well.
In the case of yoga, it is all too clear that chanting the names of gods other than Allah and worshipping other than Allah would amount to a major sin Islam i.e. syirik (worshipping other than Allah, idolatry or associating beings or things with Allah, associating partners with Allah, giving Allah's characteristics to other than him). That begs the question on the need to issue a fatwa on yoga when the aspects of yoga that are objectionable in Islam are crystal clear and require no fatwa for Muslims to know that they are haram.
The problem is that yoga as it is mostly practised and and understood in the Malaysian Muslim society (to whom the fatwa was issued) is merely a form of physical exercise. Again, there is no controversy on this aspect of yoga. Physical exercise is halal in Islam.
When the legal status of all the aspects of yoga are generally understood, why was there a need for a fatwa on yoga? How has the fatwa enlightened the Muslims when the fatwa was qualified by stating that yoga physical exercise without the elements of chanting and prayers were permissible. Has the fatwa told the Muslims anything that the Muslims generally do not know?
I would have appreciated the functions and role of the Majlis Fatwa if they had said that even the physical exercise aspect of yoga is haram. They may say that it is haram because the physical exercise aspect of it is so closely connected to the religious aspects of it that it is in the interest of protecting the belief of the Muslim that it should be made haram. Or whatever reason. I may not agree with the fatwa or the reasons for it in private. But I would appreciate their function because they make new rulings.
I would also appreciate their function if they make law on new problems e.g. stem cell, IVF, gender change etc. Or if they are making law that departs from the general rule as set out in the primary Islamic sources of law, maybe because of the circumstances today or public interest. However, if the Majlis Fatwa continues to make fatwa on matters we already have rulings from the Islamic sources of law, I think the Majlis Fatwa will soon be irrelevant. That is if it is not already irrelevant.
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Tan Peek Guat
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Posts: 78
Re:What about a FATWA on Detention Without Trial? - 2008/11/26 18:49Abdul Fareed, thank you for your confirmation on what Susilo had said - that it is permissible in Islam.
Prior to your confirmation, I was/am always convinced that Susilo of Indonesia had always known what he was talking about - even though that was the first time I ever heard a Muslim leader saying that. Therefore, since then, I understood that Susilo knew the tenets of Islam so well as to demonstrate his caring for his people in the most practical manner!
This makes Susilo a true leader - one who is true in his conscience with his God. Otherwise, the donated food-stuffs which arrived in Indonesia would have to have been thrown into the sea! What then, a waste of good foods - if that had happened! This also brings to my mind the pictures of the US planes unloading loads and loads of foodstuffs for the Indonesians during their hours of calamity.
Tan Peek Guat
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Shaikh Abdul Saleem
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Re:What about a FATWA on Detention Without Trial? - 2008/11/26 19:04Fareed, I agree with most of the points raised in your postings above. I had put my 2 cents worth in a comment in one of the news articles published on this site earlier, which I have taken the liberty to reproduce below. My point is that due to the lack of transparency and the perception of being a government organ has resulted in Majlis Fatwa to be lose credibility. Sadly, what I wrote was deemed to be a condemnation of the Majlis Fatwa and an attack on Islam by Saudara Yazid...
Criticism Should Not Be Equated to Condemnation
Whilst I agree that the reaction to this fatwa can be said to be a tad overboard, we also must see why the reaction is as such. Before anyone jumps on the ever ready defensive bandwagon that I am attacking Islam and its institutions or that I lack respect for the religious authorities or that I am not qualified in religious terms to make this comment, please hear me out. No one in a civil society should be beyond reasonable criticism. Feel free to disagree with me but hear me out before placing any form of labels on me.
I think a lot of it stems from the distrust and disappointment towards Majlis Fatwa that seems to totally miss huge issues that concern the Muslim community as a whole but instead deals with minor issues such as yoga.
Before I proceed, let’s first deal with the fatwa on Yoga. I take heed on the issue on the concerns and ban on the religious chanting aspects of yoga but I fail to see why the fatwa went to the next step to state that yoga should be avoided altogether although it is not haram? The other issue that I still cannot get clarification on is how extensive was the research or study done before the fatwa was issued? Most people in this country practice yoga through subscription at various modern yoga centres in town. I wonder whether there was a consultation process with the yoga instructors as to the syllabus that is taught and what is actually practiced before the fatwa was issued? How many yoga centres were paid a visit and how many sessions did the researchers sit through before coming to the conclusion that it may lead Muslims astray? How does one reconcile this with the art of silat for example? Silat is a traditional art form which also contains a lot of mysticism which is not ‘Islamic’ per se. However, silat as a form of exercise and self defence, i.e. without the ‘mystical’ parts is accepted and allowed. Why wasn’t the same principle applied to yoga?
I do not dispute that Majlis Fatwa is presided by people who are experts in the religion. But that does not mean that they are not open to criticism and if one criticises or makes a comment (in an intelligent and educated manner), then it does not mean that it is anti Islam or anti ulamak. I believe that every organisation should be open to criticism. Although one can be an expert in religion, it does not mean that the same person is an expert in everything else and if a judge requires expert evidence before deciding on a matter, the same should apply to the members of Majlis Fatwa before they apply Islamic laws and principles on a certain issue.
That is why I subscribe to the view that issues tackled by Majlis Fatwa should be done in an open and transparent manner with the experts in the relevant field and interested parties be allowed to present their position to the Council. This promotes better understanding rather than confusion. A blanket statement that yoga ‘should be avoided’ or ‘tomboy’ism leads to lesbianism does not promote understanding.
In my view, another reason Majlis Fatwa and other government based religious bodies are harshly criticised is a perceived failure in dealing with ‘real’ issues that concern the public as well as the suggestion that it is controlled by the politics of the Minister in charge. I don’t think that yoga, tomboys and whether the indelible ink is halal or not are major issues that concern the Muslims of this country today.
Take the issue of corruption. I appreciate the argument that fatwas are only issued when there is a situation where it position is unclear or has resulted in confusion and that corruption is not a grey area that needs a fatwa. However from what we see today, UMNO which is 100% Muslim is struggling with the issue of money politics. This is the same UMNO that will determine the course of this country i.e. the person that is going to lead the country. On this basis alone, is it not imperative that Majlis Fatwa tackles the issue of what constitutes money politics and as to whether such practices are haram or not? How far can one go before it can be considered corruption which is haram? Is it only limited to slipping RM50 to a traffic cop after being caught speeding or whether the granting of lucrative contracts to friends and family by way of ‘direct negotiation’ can also be considered corruption? Is slipping an envelope of money or promising favours in exchange for votes a form of corruption? Perhaps this is why money politics cannot be controlled, the lack of understanding and the confusion as to whether it is acceptable or not in the eyes of the religion. Is this not a bigger issue that Majlis Fatwa can deal with rather than yoga?
There are numerous other examples. ISA and legislations allowing detention without trial, is it in line with Islamic principles? The banning of books by the government? Is it in line with the demand for continuous quest for knowledge in Islam? What about the concept of race in Islam? Is it not apparent that the Muslim-Malay population is in a state of confusion, trying to reconcile things like ‘ketuanan Melayu’ and Islamic principles? Is this not a more important issue to be tackled?
What about the uproar via-a-vis RPK’s website which is alleged to be anti-Islam? JAKIM, in its wisdom, instead of taking RPK on in a intellectual manner and clarifying to the Muslim readers of his blog how he has misapplied the religion in his articles (since being a government organ it would allow almost unfettered access to the main stream press), JAKIM instead took the UMNO way of doing things by lodging a police report!
Another issue would be the disputes which arise with the family of a deceased who is suspected to have converted into Islam. Does this not require a clear fatwa from Majlis Fatwa at national level? Is it too difficult to deal with? Why is it then that a small state like Perlis can tackle it head on by coming out with a workable fatwa, for muslims and non-muslims alike, on this issue? (In case those who have not had a chance to read it, the fatwa states as follows:-
“Jawatankuasa Syariah Negeri Perlis sebulat suara menyatakan: Jenazah yang diyakini sebagai muslim wajib diuruskan secara Islam. Sekiranya wujud keadaan tertentu yang menghalang atau menimbulkan kemudaratan kepada masyarakat, maka kewajipan berkenaan gugur. Adapun jenazah yang diragui keislamannya, maka diserahkan kepada keluarga atau pihak yang menuntut”.)
There is a perception that Majlis Fatwa shies away from making any criticism of the government of the day when their role is as an independent adviser to the Muslims in this country. If their independence is not apparent, then how can they demand respect from the Muslims and the public at large. The onus is on Majlis Fatwa to be relevant and in my view, being open, transparent and a-political is the first few steps that it needs to take. Majlis Fatwa and the other religious organs are in a prime position to make itself relevant and indispensable to the Malaysian society as a whole, regardless of whether one is Muslim or not. It can be and should be the beacon that lights the way, the conscience that keeps society in check, to be in line with Islamic principles which I believe is universal and in line with other major religions. Unfortunately, in my view, they have failed to deliver on that count.
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Tan Peek Guat
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Posts: 78
Re:What about a FATWA on Detention Without Trial? - 2008/11/26 21:21Thank you, Shaikh Abdul Saleem, for your enlightening comments which covered a wide 'spectrum'.
I sincerely hope that our Muslim Political Leaders, and also, our prominent Muslim lawyers, will read them as well - in order that they are enlightened with the knowledge and understanding that we still have among us Malaysian Lawyers who are fair thinking individuals, and who are Muslims too; and on matters pertaining to Islam, they are not inclined towards those who "move with a 'herdistic' psychology" - and of their own obsession over Islam which is, in fact, an international religion.
Tan Peek Guat
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Circular No: 7/2008 - Palestine Humanitarian Fund
