The No Ringgit Traveler

The Syariah Lawyers Association of Malaysia (PGSM) today threw its support behind a suggestion to charge non-Muslims for khalwat (close proximity) in the civil court, arguing this would be the moral thing to do.

Using the fifth principle of the Rukunegara - good social behaviour and morality (Kesopanan dan Kesusilaan) - as the basis of its argument, PGSM said it was “double standards” that the proposal has drawn criticism just because it is linked to Islam.

PGSM president Zainul Rijal Abu Bakar, in a statement, noted that the proposal is a resolution at the recent seminar to review syariah laws in Malaysia.

“(It was) suggested that syariah crimes committed by Muslims and non-Muslims ought to be judged and sentenced with equal force,” he said.

“This means that in cases of khalwat involving Muslims and non-Muslims, the non-Muslim party should also be charged and sentenced accordingly.”

He noted that other suggestions were put forward during the seminar, including reform of family law to ensure fairness for women, a garnishing order for husband’s wages for spousal maintenance and raising the sentencing jurisdiction of the Syariah Court.

“(But) the media only picked up on the khalwat proposal by syariah judge Muhd Asri Abdullah,” said Zainul.

court“In truth, the question of punishing non-Muslims in Syariah Court does not arise as they would only be charged in civil courts. But isn’t this in line with our country’s fifth national principle (in Rukunegara)?”

Historically, all laws, especially criminal-related ones, have their origin in moral laws which in turn is the result of religion-based rules, he said.

“What would happen if laws governing moral behaviour were to be abolished? What would we then do if someone were to behave indecently in front of us and our children?

“If we say that non-Muslims have the right to khalwat and commit adultery, are we saying that they have the right to break syariah law?

“If they were to commit adultery with a Muslim, do they have the right to adultery until there is a child born out of wedlock and (still) escape legal repercussions?”

‘Be fair’

He also questioned the ‘double standards’ applied just because Islam is involved.

sitting in a mosque“When it has nothing to do with Islam, we are quick to accept it but when the name of Islam is connected, people become restless and oppose it without fair justification towards Islam,” he said.

Action against non-Muslims in this matter would be timely to avoid uneasiness among Muslims and has nothing to do with forcing non-Muslims to adopt Islam as their religion, he said.

“The proposal does not touch on constitutional rights of non-Muslims as the action will be taken in a civil court and not Syariah Court,” said Zainul.

He called on all parties to be fair in expressing their opinions and avoid unjustified attacks on the resolutions.

Last Thursday, Mohd Asri created a stir when he said non-Muslims should be charged in civil court for khalwat.

He was speaking at a two-day seminar organised by Institute of Islamic Understanding (Ikim) and the Syariah Judiciary Department.

Civil society groups and Islamic NGO Sisters in Islam have slammed the proposal.

Ikim director-general Dr Syed Ali Tawfik Al-Attas has distanced himself from the issue, saying it is the judge’s personal opinion and that there is no such formal proposal.

Source: Malaysiakini.com