Caning Women – Islam or Politics
Art Harun
Many have asked as to why I wrote, ‘Isu Sebatan – Islam atau Politik’ in Bahasa Malaysia [“BM”] rather than English. There are 2 reasons for this. Firstly, there are many other more capable writers who can express the same issues (and who have done so) in English. Secondly (and more importantly), writing in English feels like preaching to the converted.
My main intention was to provide some fodder for thought to the BM only readers out there. The same target audience that is being constantly fed with misinformation by the mainstream BM media. The audience that forms the bulk of the voter bank in Malaysia and who have the power to shape the country whether the rest of us like it or not. Unfortunately for those who prefer BM (either by choice or not), the alternative media does not provide as many write ups or coverage to balance off the onslaught of misinformation by the mainstream media. Hence the reason the article was written in BM.
I have also received a few ‘critical’ observations on the article. The main criticism is that I am looking at Syariah in the perspective of a western trained civil lawyer and as such I may not understand the intricacies of the laws. I disagree with that observation. I have dealt with the sections in the relevant Acts as it is drafted. I am not looking as to whether it is right or wrong or taking into account the Quran or Sunnah. I also believe that the accepted principles of natural justice are compatible with Islam. General maxims of natural justice like, ‘audi alteram partem’ (the right to be heard), ‘nemo judex causa sua’ (nobody shall be a judge in their own cause) and the concept of justice must be seen to be done are universal principles. The article I wrote merely highlight the circumstances surrounding the revelation by the Home Minister and the apparent flaws pertaining to the sentencing in light of the very same enactments used.
There is also the issue of the manner in which the enactments have been drafted. See section 23 subsection (3) and (4) on the presumptions that can be made without there being express fail safe mechanism to prevent the risk of injustice. It is scary to say the least.
