I would like to refer to the article on page 3 in the Tuesday, April 3
2008 edition of The STAR in which the headlines read "Proposal to prosecute
non-Muslims for khalwat". I feel it incumbent to clarify certain matters
highlighted in the aforementioned article, the contents of which are contentious
to say the least.
First of all, IKIM's objectives for the 2 day seminar held in collaboration with
the Syariah Judiciary Department Malaysia (JKSM) was intended to review existing
syariah laws to see if there were any laws that were redundant and also to
propose a solution to some of the issues currently plaguing the syariah
judiciary system in Malaysia.
The article in the STAR which reports that the seminar had proposed that
non-Muslims caught committing khalwat with Muslims should also be sentenced
accordingly but in the civil courts, is entirely erroneous. No such proposal was
made, and therefore if what is reported in the Star as being comments allegedly
made by Syariah Court of Appeal Judge, are also in error.
Dr Syed Ali Tawfik Al-Attas, Director General
Conversely, it is our opinion that non-Muslims cannot fundamentally be charged
under any provision in Islamic law by virtue of the fact that they do not
profess the religion of Islam. In addition, to my knowledge, there is no such
provision in the civil courts to charge a person for khalwat, and therefore it
would be premature to assume that non-Muslims can also be subjected to the
charge of khalwat in the civil courts.
I am disappointed with the article highlighting comments allegedly made by Datuk
Mohd. Asri Abdullah which emphasized the banal, when in reality the more
important substantive proposals having to do with laws protecting the rights of
divorced women and their rights to maintenance, were ignored.
Towards the end of the article, it also alleges that there was a proposal
calling "for the establishment of a rehabilitation center for those convicted of
offences related to morals and faith such as prostitution and effeminate men".
To my knowledge, I have never interpreted being effeminate as an offence. But
more importantly this so called proposal as reflected in the article is not
representative of the proposals made during the seminar at IKIM. If indeed the
learned Syariah Court of Appeal Judge made those statements, we strongly advise
that it would behoove the learned Judge to be more circumspect in future.
Sorry for not checking first written by Nik Elin Zurina Bt Nik Abdul Rashid,
Saturday, April 05 2008 09:05 pm
I wish to apologise to IKIM as I had been the first to hit the roof when the news came without first having ascertained the truth.
I am glad that IKIM has clarified the truth. I hope that there would be more responsible reporting next time.
Nik Elin Zurina Bt Nik Abdul Rashid
CORRECT...CORRECT..CORRECT IKIM written by Mohd Azizan Bin Mat Nayan,
Sunday, April 06 2008 06:44 am
Yes...life is always like that...we always hear one side story..sometimes forget to apply natural justice...anyway..to the STAR and to those who had misunderstood the article by giving further confusing statement...BE MORE RESPONSIBLE..
Mohd Azizan Bin Mat Nayan
Was the reporting correct? written by Jason Kay Kit Leon,
Sunday, April 06 2008 07:47 pm
Quite interesting to note that we still don't know whether the statement was in fact made, and in what capacity. :-)
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I wish to apologise to IKIM as I had been the first to hit the roof when the news came without first having ascertained the truth.
I am glad that IKIM has clarified the truth. I hope that there would be more responsible reporting next time.
Nik Elin Zurina Bt Nik Abdul Rashid