I would like to response to the statement by MCA religious harmony bureau Chairman Datuk Seri Ti Lian Ker on the amendments proposed in PAS president Tuan Guru Datuk Seri Abdul Hadi Awang’s Private Member’s Bill.
Religious harmony can only be attained first, if we respect the belief and obligation of one’s religion. This in turn would allow us to be respected by others.
All that had been said by Datuk Seri is based more on perception, and that exactly is going to disintegrate the fragile existing harmonious ambience that we have in this country.
Why the need to empower the Syariah Courts? It is the right and obligation of a Muslim who believes that Allah alone is the sovereign and it is He who has the right to ordain a path for the guidance of mankind. Thus it is on the Syariah that liberates man from servitude to other than Allah.
So to ensure that this obligation is fulfilled, it is therefore the moral and religious obligations of PAS as a Islamic party to pursue the amendments.
The proposed amendment aims is to increase the penalty of the Syariah Courts and not at all to widen the jurisdiction of the Courts.The jurisdiction remains as the same as spelt out in the State List, Ninth Schedule of the Federal Constitution.
At present, the criminal jurisdiction (penalty) of the highest Syariah Courts is very much lower than of the Magistrate Courts i.e lowest in the structure of the Civil Courts.
So why are we, as professors of other religions, challenging that believe of their religion? Our constitution has very clearly defined that the official religion of our country is Islam and the Syariah law is embedded in Islam. We have to respect that. Our constitution also clearly provides in the 9th Schedule, State List that the Syariah Courts are the State Courts which shall have jurisdiction on the people professing the religion of Islam and shall have no jurisdiction over people professing any other religions.
How is the amendments going to affect all Malaysians is something that we have to wait and see. We tend to be jumping the gun and creating a lot of unpleasantness for peace loving Malaysians (Muslims and Non Muslims) with statements based on perception.
The proposed Private Member’s Bill initiated by PAS will go through a democratic process. PAS members have shown their respect to the democratic system that we practice in Malaysia. Tabling the bill need not necessary mean that the Bill will be passed successfully. It has to go through the Parliament procedures.
Every Members of Parliament from various parties can take part in the debate,that is the rational for the PAS President to defer the Bill to the next session of the Parliament with the belief that every Member of Parliament will take the time given to study the amendment without any malicious intent to prepare for the debate. Let democracy and freedom of expression take due course.
We have to understand that every Muslim who is capable and qualified to give a sound opinion on matters of the Syariah, is entitled to interpret the law of Allah when such interpretation becomes necessary. In this sense Islamic polity is a democracy. But where an explicit command of Allah or His Prophet already exist, no Muslim leader or legislator , or any religious scholar can form a judgement , not even all the Muslims of the world put together have any right to make the least alterations in it.
Let the truth prevail. The truth will only prevail when the Syariah is implemented.
In establishing a penal code,the larger interest of the society takes precedence over the interest of an individual. Although ‘relieving hardship, and promoting benefit’ are both prime objectives of the law, the former takes precedence over the latter. A bigger loss cannot be inflicted to relieve a smaller loss or a bigger benefit cannot be sacrificed for a smaller one. Conversely , a smaller harm can be inflicted to avoid a bigger harm or a smaller benefit can be sacrificed for a larger benefit.
It is therefore crucial and pertinent for us to differentiate between a religious and a political issue before presenting one’s view. The difference between the other legal systems and the Syariah is that under the Syariah its fountainhead is the Quran and the Sunnah. Therefore it is very important that our comments do not belittle the Islam in our enthusiasm to prove a point.
Each religion have their own beliefs and values to handle this situation. Let us mirror forth our believes and values to be magnanimous in resolving the issue harmoniously.
Our approach in handling this matter has to be more consultative rather than confrontational in nature. Debate it in the Parliament without fear or favour. All Parliamentarian should investigate the proposed amendment independently for the truth and make a decision on their own freewill. Whatever is the ourcome, God’s will must prevail because in the sight of God, justice is the best beloved of all things and man must be united to carry forward an ever advancing civilization.
Whatever is the outcome of the proposed Bill , PAS members will abide by the decision of the majority and be thankful lto God that they have done their best for their religion and nation by adhering to the democratic capabilities of theirs . It will therefore be good for everyone to respect the democratic rights of Muslims in championing their religious obligations.
‘LET JUSTICE PREVAIL FOR THE BETTERMENT OF MANKIND’
Dr Balachandran G Krishnan
National Information chief
PAS Supporters Congress
