Wednesday, December 17, 2014
35 Muslim scholars answered 24 liberals views on Islam # an open letter
to The Star
Letter to the Editor, STAR
BY MUSLIM SCHOLARS ON THE
POSITION OF SYARIAH LAW IN RESPONSE TO THE 25 TOP MALAY FIGURES
15 th December 2014
We agree with the 25 top Malay
figures that a solution must be found to “the continuing unresolved disputes on
the position and application of Islamic laws in this country.” [The Star 8
December 2014:Need for a consultative process]
The disputes are rooted in the
tension created by the marginalisation of Islamic Law and administration in the
Federal Constitution as State matters with very limited jurisdiction which goes
against the wishes of Muslims, who constitute the majority here, to live under
Sharia law.
The 2013 worldwide survey by the
Pew Research Center found that “overwhelming percentages of Muslims in many
countries want Islamic law (sharia) to be the official law of the land” but
applicable only to their country’s Muslim population. In Malaysia 86%, and Indonesia 72%, of Muslims
participating in the survey favoured making Sharia the official law.
The top 25 Malay figures confirm
the Pew survey finding when they write: “As Muslims, we want Islamic law, even more
than civil law, to meet the highest standards of justice precisely because it
claims to reflect divine justice.”
Muslims believe it is incumbent
upon them to live according to the teachings of the Sharia; to enjoin the good
and forbid evil and to promote justice. For over a thousand years, before the
coming of Western colonialism, Sharia played a central role in the lives of
Muslims and in state administration
The colonisation of Muslim
societies by the Western powers led to the ossification of the Sharia judicial
system. Its jurisdiction was confined largely to legal issues connected with
family and marital matters. It had no role in public law, commerce, trade,
industrial relations and other important areas of human activity. Hence, it was
disabled by the colonial administration to grow and develop in order to meet
the challenges of modernity.
On the impact of colonialism on
the development of Islamic law in the Malay States, a British educationist R.J.
Wilkinson wrote: “There can be no doubt the Muslim Law would have ended by
becoming the law of Malaya had not British law
stepped in to check it.”
No country can ignore the wishes
of such large majorities without adverse consequences to stability and peace.
We need to find ways to accommodate the Muslim need for Sharia within a
democratic constitutional framework without impinging on the rights of
minorities.
Therefore, the Government should
set up a high-powered committee to review our Federal Constitution and to
recommend amendments to incorporate the needs of the Muslims and entrench the
rights of minorities. A constitution is not cast in stone as to be
unchangeable. It is a living document and has to grow with the changing needs
of our people.
The committee should consist of
Muslim and non-Muslim experts on Constitutional law, Islamic law and other
relevant fields. It should, in addition to reviewing the Federal Constitution,
address the weaknesses in the current truncated Sharia judicial system and make
recommendations to overcome them.
The criticisms aimed at Islamic
law and administration by the 25 top Malay figures are not helpful in promoting
discussion and debate on the issues as they are too general for comment. For
example, they allege that Sharia Criminal Offences laws of Malaysia “are
in conflict with Islamic legal principles and constitute a violation of
fundamental liberties…” They have not provided any evidence to support their
bare allegation. The charge is serious for it reflects on the competence of the
state governments, state legal advisors and the Attorney General. How can they
approve laws that are contrary to Islamic legal principles?
We are heartened by the
initiative of retired senior civil servants, judge, diplomats and feminists to
publicly address the alleged injustice and weakness in Islamic law and
administration. We hope they will show similar concern on other issues such as
the growing disparity between the rich and poor, the destruction of our
environment, erosion of moral and ethical values, corruption, abuse of power
and issues of governance. It will also be beneficial to the nation for them to
share their knowledge, experience, expertise and time with civil society
organisations to promote social-justice, environmental protection and national
unity.
Mohd Azmi Abdul Hamid, Presiden
Malaysian Consultative Council of Islamic Organization ( MAPIM )
Sohibus Samahah Tan Sri Dr Hj
Harussani bin Hj Zakaria, Mufti of Perak
Dato’ Wan Mohamad Dato’ Syeikh
Aziz, Former Director General, JAKIM
Datuk Syeikh Mohd Nor Mansur Al
Hafiz, Former Director of Islamic
Department of Perak
Datuk Dr. Hj Awang bin Sariyan,
Director General, DBP
Prof. Dato’ Dr. Ir. Wan Ramli bin
Wan Daud, Professor of Chemical Engineering UKM
Prof. Dr. Tengku Mohd bin Tengku
Sembok, Computer Science, Former Deputy Vice Chancellor Univ. Pertahanan Malaysia
Prof Ismail Mohd, Profesor
Mathematics, UniMaP
Prof. Emer. Dr. Shaharir bin
Mohammad Zain, Professor of Mathematics, Former Dep. Vice Chancellor UKM
Dato Hj Sulaiman Abdullah,
Former Law Lecturer UM
Datin Dr Mehrun Siraj, Former
Law Professor, Former Commissioner of SUHAKAM.
Prof Dr. Wan Mokhtar Wan Yusof, Professor of Microbiology UKM
Prof Dr. Khairuddin Omar,
Professor of Computer Science UKM
Prof. Dr. Mohamed Aslam bin
Mohamed Haneef, Professor of Economics UIAM
Prof. Dr. Mohd Sahaid Khalil,
Faculty of Engineering and Architecture, UKM
Prof. Dr. Husna Azhari, Faculty
of Engineering and Architecture, UKM
Prof Dr. Khairudin Omar,
Computer Science, UKM
Prof Dr. Mohamed Aslam b. Mohamed
Haneef, Economist, UIAM
Prof. Madya Dr. Ahmad Shahbari @
Sobri b. Salamon, Chairman of Syariah Advisory Board, Bank Islam
Prof. Madya Dr. Aidil Abd Hamid,
Microbiochemistry UKM
Prof. Madya Dr. Zaini Hamzah,
Nuclear Scientist, UiTM
Prof Madya Dr. Mat Rofa Ismail,
Professor in Etnomatematik, UPM.
Dr. Mohammad Alinor Abdul Kadir,
Mathematician, Felo INSPEM,
Dr. Mohd Roslan Mohd Nor,
Secretary Ulama Assoc. of Malaysia , Deputy Director (Research &
Development), Academy of Islamic Studies, University of Malaya,
Dr Halim Muhammady, Vice Chair
of WADAH, Chairman of Bairuni Research Consultant, Former Head Of Quranic Studies
Department, Faculty of Islamic Studies, UKM
Hj Ahmad Awang, Former Director
of Islamic Center , Malaysia
Hj Abdul Ghani Samsudin,
Chairman of Secretariate for the Assembly of Ulama Asia , Former Head Department of Basic Social Studies, Faculty of Education,
Universiti Malaya.
Dinsman ( Shamsuddin Osman ),
Presiden PAKSI
Datin Aminah Zakaria, Chair of
Persatuan Persaudaraan Muslimah Malaysia ,
Former Principal of Kolej Islam Klang
Ir Hj Asari Daud, Former Deputy
Director of DID
Ir .Kassim Muhammad, Former
Director DID, Perlis
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