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Islamic laws not to be applied to non-Muslims PDF Print E-mail
Contributed by Ambiga Sreenevasan   
Thursday, 03 April 2008 07:17pm

Ambiga Sreenevasan ‘Punishing non-Muslims for khalwat against Constitution’

The Bar Council is troubled by the proposals that have emerged from the recently concluded two-day seminar on review of Syariah laws, organised by the Islamic Institute of Understanding Malaysia (IKIM) and the Syariah Judiciary Department Malaysia. According to press reports, it has been proposed that non-Muslims found “committing” khalwat (i.e. close proximity, an offence under various State Islamic law enactments) with Muslims be also held criminally liable.

Implementing such a proposal would be tantamount to imposing Islamic law on non-Muslims. This is wrong in principle, and would constitute an infringement of the fundamental guarantee of freedom of religion enshrined in Article 11 of the Federal Constitution. It would be gravely unjust to apply theocratic law in this manner upon individuals who do not profess the religion concerned. The proposal is wholly unacceptable.

The seminar’s other proposals, which purportedly also include the imposition of stiffer penalties, and the establishment of a rehabilitation centre for Muslims convicted of various offences related to “morals and faith”, are equally troubling; particularly in light of the history of overzealous enforcement of khalwat and other moral policing laws in this country.

A progressive and moderate government must be very slow in criminalising a perceived breach of moral conduct in relation to the private lives of its citizens, or in using public funds to police the private behaviour of its citizens, particularly in a pluralistic society such as ours.

We urge the authorities to focus their attention on more pressing issues like fighting corruption rather than on the private lives of individuals.

Ambiga Sreenevasan
President
Malaysian Bar

3 April 2008

Comments (2)Add Comment
Deorum iniuriae Diis curae
written by Siti Zabedah Kasim, Friday, April 04 2008 03:25 am

Translation: "Offences to the gods are the concern of the gods."

I read this somewhere...that 'Politics' is made up of two words, 'poli,' which is Greek for 'many,' and 'tics,' which are blood-sucking insects. Don't you think its the most appropriate to describe most of our government clowns and their agents??

Have they not heard that history of liberty is a history of resistance? That history of liberty is a history of limitations of governmental power, not the increase of it?

In order for an act to be a crime, libertarians say, someone must be harmed -- there must be a victim. Anything that's peaceful, voluntary, and honest should be tolerated regardless of whether we agree with it. Part of the price of our own freedom is allowing others to be free.

I believe that religion, generally speaking, has been a curse to mankind - that its modest and greatly overestimated services on the ethical side have been more than overcome by the damage it has done to clear and honest thinking people.

We, the people, are the rightful masters of both parliament and the courts - not to overthrow the constitution, but to overthrow men who pervert the constitution. Prohibition will work great injury to the cause of Temperance. It is a species of intemperance within itself, for it attempts to control a man's appetite by legislation and makes a crime out of things that are not crimes. A prohibition law strikes at the very principles upon which our constitution was founded. - attributed to Lincoln

I have only this to say to these morons... that I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do. My freedom is more important than your good idea clowns!!

smilies/grin.gif smilies/cool.gif
Always with love
Siti Zabedah Kasim

Focus on more important issues
written by Nik Erman Nik Roseli, Friday, April 04 2008 09:53 am

Once again it saddens me as a Muslim that the religious authorities wish to focus on issues which are not of the highest priority, especially the current one, which concerns non-Muslims.

There are a whole of other issues these bodies can focus on like corruption among Muslims, educating the public on the general misperceptions on the religion and so much more.

They choose to focus on 'easier' and 'sensational' issues instead...

Nik Erman Nik Roseli


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