Aziz Bari wants Rulers to declare non-Muslims as non-Kafir
(MMO) – The Pahang Sultan and the Conference of Rulers must weigh in on Pahang mufti Datuk Seri Dr Abdul Rahman Osman’s use of “kafir harbi” term, constitutional law expert Dr Abdul Aziz Bari said today.
Abdul Aziz, who is also a DAP member, said that the issue has become a matter of “national interest.”
“A mufti is directly under the authority of the sultan and his rulings need to be sanctioned by the sultan as head of religion. The Sultan of Pahang needs to break his silence on the matter,” Abdul Aziz said.
“Even though this is not a federal matter it has become a national concern and, therefore, the Conference of Rulers need to weigh in as well,” he added.
Abdul Aziz, who now teaches law at Universiti Selangor (Unisel), said that the rulers can “show leadership” in this matter by acting out as Islamic religion heads in their respective states.
“It appears that the opinion was just a view and not a fatwa or ruling as such,” Abdul Aziz said.
“The notions of kafir harbi (or zimmi) are the views of the past jurists that need to be seen in the present nation state context of the modern time,”he added.
“Furthermore such conceptions were the result of different age and circumstances.”
The term kafir harbi is used to describe non-Muslims who can be slain for opposing Islam. Abdul Rahman was initially reported as using it on DAP members, but later expanded it to include any who opposed Islam.
The mufti’s remarks were first published in Utusan Malaysia five days ago, and drew criticism including from Malay rights wing group Perkasa, and Barisan Nasional component parties such as MIC and MCA.
He has refused to apologise or retract his remarks, further insisting that his opinion could not be legally challenged.