‘Group 25’ call on Islamic law okay BUT . . .

“Islamic law is not in conflict with the Federal Constitution.”

KUALA LUMPUR: Three organisations have welcomed, but with a caveat, the apparent call in an open letter dated Dec 8 by a Group of 25 Eminent Malays for, among others, “a dialogue pertaining to the application of Islamic law”.

“We would like to state that we are not opposed to such a measure,” said the three organisations in a joint statement in reference to the open letter, Need for Consultative Process, in an English newspaper.

“However, it (the dialogue) shall have to be within the common understanding and respect on the position of Islam under the Constitution”, referring to a slender thread in the supreme law of the land.

The joint statement was issued by Persatuan Peguam Muslim Malaysia (PPMM), the Persatuan Peguam Syarie Malaysia (PGSM) and the Centre for Human Rights Research & Advocacy (CENTHRA). It was signed by their respective heads: Zainul Rijal Abu Bakar, Musa Awang, and Azril Mohd Amin.

“We write this response as it is consistent with fitrah (human nature) that whenever our religion, Islam, is being spoken in a derogatory manner, it is a question of moral dignity for Muslims to make a firm stand,” said the statement. “A community that cannot defend its own beliefs and how it is to be practised within its own community is a community that has no honour or pride in its own identity.”

The statement added that “disturbing statements were raised in the open letter”.

Islamic law is not in conflict with the Federal Constitution, it said, as both share the same objectives i.e. to dispense justice and equity. The basic premise was to educate individuals that Muslims are all part of a large community, continues the statement, “where we put the interests and well-being of the community before personal interests”.

“This is the very essence of moderation; ensuring justice and equity applied for the communal well-being based on Syariah principles within the framework of the Constitution,” said the statement. “The reality is that the Constitution is plural in nature from the very first day it was drafted. Its origin is from canon law, meaning laws derived from ecclesiastical jurisprudence composed of Christian Roman law.”

The statement claims that the Constitution has evolved over time to incorporate Islamic law principles vide Court decisions “since Islamic law principles are part of culture and way of life of Muslims in this country”.

It is a natural progression towards the development of our own Malaysian common law, it continued, “a law common to us all as it takes cognizance of the way of life, cultural practices and religious beliefs of different communities”.

The statement takes the position that the Group of 25 did not elaborate, in its open letter, on the concept of moderation.

The concept of moderation adopted by the government of Malaysia, explained the statement, is based on the Quranic embodiments of justice and equity, moderation in all aspects of life, and aversion towards excessiveness or extremism.

These principles of moderation are in JAKIM’s official publication in 2013, it said, for the Maulidur Rasul celebrations.