Would Agong pardon Najib from the Circle of Justice perspective?

All three elements in the Circle of Justice have to be kept in balance with the King’s authority in order for the nation to remain stable politically and for its people to be motivated and be productive.

(Focus Malaysia) – IN the Middle Eastern jurisprudence, the Circle of Justice is adopted by the Ottoman Empire in its efforts to establish a successful and just state.

The Circle of Justice has four elements – the King’s authority, the army, the wealth of the state and the peasantry. Each of these four elements is an important component in the existence of the state.

With the benefit of all the learned advisors, the current Yang di-Pertuan Agong (YDPA) who is a mere two weeks away from ending his five-year tenure as Malaysia’s 16th supreme leader is most likely aware of the enormous fragility that the Circle of Justice poses.

The King’s authority, for example, must be kept in balance alongside the other three elements – the army, the wealth of the state and the peasantry.

The YDPA is well-aware that even if a single mother were to steal a tin of milk powder, she could be jailed for one year but the punishment for criminal breach of trust (CBT) is many times more with “imprisonment for a term not exceeding 10 years, whipping and a fine”.

With clerks or servants who are entrusted with dominion over the property, the stricter punishments are up to 14 years’ imprisonment while public servants can face up to 20 years’ imprisonment.

Former disgraced premier Datuk Seri Najib Abdul Razak Najib has been convicted unanimously of CBT by a total of nine senior judges at the High Court, Appeals Court and the Federal Court.

Because of his age, Najib was spared the whip. Although he falls under the category of public servants, his jail sentence was only 12 years which is just two-thirds of the maximum jail term of 20 years.

Would Agong bend to the pressure?

Although pressure is mounting to seek royal pardon for Najib, the YDPA is the monarch over the whole country, not just a group of Najib’s loyalists. By granting the royal pardon to Najib, the YDPA knows that this would only disturb the balance between the elements in the Circle of Justice.

Why would a “peasant” or ordinary rakyat, for example, waste several years of his life by being put behind bars for CBT of only RM600,000 when the former Pekan MP could get away with only one-and-a half-year jail sentence when the CBT case involved RM41 mil?

Besides, according to The Edge, Najib “was also found guilty of abusing his power with regard to the RM4 bil in Retirement Fund Inc (KWAP) loans which the Cabinet approved via government guarantees in two meetings that he chaired in August 2011 and March 2012.”

Additionally, Najib is also involved in an on-going court case involving the 1MDB (1Malaysia Development Bhd) scandal for which the “peasants” have to repay the outstanding loans.

This alone is sufficient to turn the “peasants” away from the country and migrating elsewhere or their productivity drops substantially as a result of what they see as injustice.

Taxes Taxes?

Najib and his son Nazifuddin were found guilty by the federal court for failing to pay a total of RM1.7 bil in accumulated taxes owing to the Inland Revenue Board (IRB).

Both the KWAP and the IRB represent the “wealth of the nation.” The former is the wealth reserved for the retirement of the ordinary civil servants and the army veterans while the latter is the accumulation of taxes paid by the ordinary taxpayers.

All three elements in the Circle of Justice have to be kept in balance with the King’s authority in order for the nation to remain stable politically and for its people to be motivated and be productive. This is what eventually contributes to a higher gross domestic product (GDP).

Is blood thicker than water?

While it is understandable that the YDPA is Orang Pahang (Pahangite) and Najib being an Orang Besar Pahang (Pahang chieftain) would mean that the YDPA has a soft spot for him.

In just the way the Penangite would easily bond with his fellow Penangite, it is understandable that being an Orang Pahang, Najib has the added advantage in what the proverb says “blood is thicker than water”.

This comes from an original ancient proverb “the blood of the covenant is thicker than the water of the womb” which means that the bond with one’s comrades is sealed with blood and blood is thicker than water.

But unless the Agong and Najib are sworn to each other in a covenant, it is highly unlikely that the Agong would pardon Najib if he fully understands that even in Ottoman judge and scholar Qınālızāde ʿAlī Çelebi’s explanation of the Circle of Justice (d. 1572), there is no mention about comradeship:

If the Agong has been advised on the Circle of Justice, it is highly unlikely that he as the “authority” would rock the boat as there are certainly adverse consequences that come with it.

Najib’s involvement in a series of scandals have not only defrauded Malaysian taxpayers of billions of ringgit but the scandal involving the 1MDB has also shocked the entire world.