Prosecute Non-Muslims for Khalwat
Author: Ed
Coffee and internet are my morning routine. But today, I almost sprayed my coffee on the monitor after reading the headline of The Star (Malaysia) which reads- "Proposal to prosecute non-Muslims for khalwat"
Having been studied 27 credits of Islamic Revealed Knowledge before, I've been called to read it further, so i clicked 'more' button at the headline.
The Star reports, "The seminar had proposed that non-Muslims committing khalwat with Muslims should also be sentenced accordingly, but in the civil courts." Said Syariah Court of Appeal Judge Datuk Mohd Asri Abdullah at the two-day seminar organised by the Islamic Institute of Understanding Malaysia (Ikim) and the Syariah Judiciary Department Malaysia.
Phewww, my first reaction after reading the whole thing through. It wasn't as sensationalise as the headline. What i understand from the headline was they (Islamic authorities) want to bring non-muslim to justice for committing close proximity (khalwat). Thanks god Judge Mohd Asri said non-Muslims comitting khalwat WITH muslim. I can't imagine how's the nation (non-muslim especially) if the outcome from the seminar to be execute on non-muslims couple.
In my personal view of limited syariah knowledge, it is fair to bring both to justice. Take this example, Abu were caught by the majlis agama for khalwat with Eliza Lee. They were both mutual in partnership but only Abu being brought to syariah court. Eliza on the other hand, free.
Understandbly, we can't charge non-muslims under syariah jurisdiction. But what has been suggested by the seminar was to charge non-muslims (of muslim partner) under civil court. Clear. Justice done for both Abu and Eliza Lee through Syariah and civil justice system.
Then I was called to look out how was the reaction from other activists in Malaysia and something tell me to read Marina Mahathir's blog. "I think the whole thing is unConstituional, whatever religion we might be. Malaysia is still the only country in the world to have such khalwat laws. Unless we want to be like the Saudi moral police who are so zealous that people die because of their excesses. More fodder for the Geert Wilders of the world." She said.
Meanwhile, the famous writer of The other Malaysia, Dr Farish Noor writes, "As long as Muslim leaders and intellectuals remain stuck in their morass of outdated conservative thinking, would it not remain the case that Islam is seen as a religion of violence? How, pray tell, can scholars like me defend the image of Islam and Muslims when Muslim governments like ours allows such outlandish and dangerous ideas to spread, and harbour such proponents of conservative-fundamentalist Islam in the very same institutions that were meant to open up the minds of Muslims and lead us – and Malaysian society – to a more modern, progressive and liberated understanding of Islam and religion in general?"
What's wrong with the suggestion anyway? I think the purpose of the khalwat law was to protect the nasab (lineage) as this is also one of five maqasid al-syariah (purposes of syariah). Do we want our society in the future made of anak haram?
I would like to know what you people out there think about this. Leave me a comment.