Will minorities be made increasingly syariah-compliant?
There is no requirement for religious edicts to be tabled in Parliament or the state legislature for approval. All it needs is for a fatwa to be gazetted, and then for it to become law, is that it is approved by the state Islamic religious council and the sultan.
By Helen Ang
Today is Wesak.
Last week the country was told about a Chinese Muslim Faizal Wong Abdullah who wanted to return to Buddhism – a religion of depleting numbers in Malaysia.
Faizal Wong had filed an application in March to renounce Islam. It’s not surprising though that Wong had converted as the proselytization drive is intense.
Being a civil servant, Wong was in a predominantly Malay-Muslim working environment. Looking at the organization chart of RTM (below), as one example of a state agency, we can get an idea of the racial composition in the civil service.
Out of the 40 top people in RTM, only one is of Chinese ethnicity and he is Rashid Woon Abdullah.
Here’s another example of the same phenomenon. “On the University of Malaya’s ‘Expert Page’ which details the researchers and thereby essentially the academic staff of the university, of 1,240 persons listed, only 20 Chinese names are included, eight of whom also have Islamic names” – found Dr Geoff Wade in his Asia Research Institute paper ‘The Origins and Evolution of Ethnocracy in Malaysia’.
The substantial number of converts to Islam could be due to peer influence as in Faizal Wong’s case, the many active missionary bodies, the Islamization of our public sphere and space, the Islamic programmes constantly broadcast in Mandarin and Tamil by RTM, or even the shenanigans of our National Registration Department.
Rigorously applying syariah
An academic studying political Islam in Southeast Asia and Malaysia, Prof. Gordon P. Means, observed that “[b]y 1970, nearly all the state governments had revised their Islamic laws to provide for more vigorous enforcement of Syariah law with increased penalties for violations in matters of personal behaviour and public deportment”.1
Nowadays the enforcement of Islamic law has become comparatively stricter still.
Apart from model Kartika Sari Dewi Shukarno whose caning sentence for drinking beer was commuted after intercession by the Pahang sultan, another Malay was arrested for the same offence last month. The Pahang Syariah Court sentenced cook Mohamad Sabri Zulkepli to a year’s jail and six strokes of the cane for imbibing liquor in a mall.
But should the enforcement of Islamic mores concern Malaysians of other faiths as well?
Under Section 19 (2) of the Syariah Criminal Offences (Federal Territories) Act, those found guilty of abetting the sale of alcohol can face a jail term of three years and/or a RM5,000 fine. It is unclear what happens presently if the beer seller or pub owner is a non-Muslim.
It is rumoured that the federal authorities may do something to streamline our civil and Islamic laws that are mired in a seeming overlap of jurisdictions. In the event of which, the lacuna indicated above – where a Muslim is punished and a non-Muslim escapes charge – might possibly be addressed during the procedure.
The late Zaitun Mohamed Kasim, a civil society activist, commented: “In addition to [conversion and child custody cases], notions of proper gender/sexual/moral conduct that are founded on orthodox notions of Islamic understanding’ have increasingly become applied to Malaysia’s significant non-Muslim minorities”.2
Zaitun told a symposium in 2007, “To give but two examples of this: non-Muslim couples have been charged under municipal laws for holding hands in public. In one prominent case, an elderly married American couple, who were holidaying in [Langkawi] Malaysia, were asked in their hotel room to demonstrate to Malaysian Islamic authorities that they were married.”
Fatwas can become law
Another area of concern is how the issuance of fatwa has been turned into a state matter and granted “the exceptional status” as a source of lawmaking.
There is no requirement for religious edicts to be tabled in Parliament or the state legislature for approval. All it needs is for a fatwa to be gazetted, and then for it to become law, is that it is approved by the state Islamic religious council and the sultan.
“This is not a new development as the state authorities had fatwa-making powers under most of the State Administration of Islamic Law Enactments that have been in force for several decades,” noted Prof. Mohammad Kamali Hashim.3
“The issue took a new turn, however, during the 1990s when legislation on fatwa went a step further to declare it an offence for ‘any person who gives, propagates or disseminates any opinion contrary to any fatwa’ in force,” Prof. Kamali further wrote.
Although he cited Section 9 of the Syariah Criminal Offences Enactment of Johor, this legislation has equivalent provisions in most of the other states, c.f. Article 9 on “contempt and defiance of religious authorities” under the Syariah Criminal Offences (Federal Territories) Act 1997 .
Do recall that in November 2008, the National Fatwa Council issued a prohibition against yoga if the practice included haram chanting – an element of Hindu worship. A month earlier in October, the council also issued a fatwa against pengkid (tomboys).
[Sidenote: In 2007, a transsexual Ayu was detained by officials from Malacca’s Islamic Religious Affairs Department (JAIM) for committing the offence of “men dressing up as women in public space” under Section 72 of the Malacca Syariah Offences Enactment.]
If the prohibition against yoga is gazetted, then it will become a religious law on the statute book and carrying the corresponding penalties. Some of the states have indicated that they are considering or in the process of gazetting it.
One wonders too if the case for yoga is analogous to that for beer, i.e. if the yoga instructor or proprietor of the health centre/gym is a non-Muslim, would he nonetheless be punished for aiding and abetting the offence?
