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Wednesday, January 21, 2015

Public Debate Vital To Discuss Shariah Law

This is taken from The Malaysian Reserve here

This is an interview in the Malaysian Reserve with Dato Jahaberdeen Mohamed Yunoos, who is a lawyer, writer, a TV anchorman as well as TV commentator, an activist, a blog writer (Rapera), Board member of the Badminton Association of Malaysia  and a few other things. Dato Jahabardeen holds an honours degree in Economics, a degree in Law (LLB) plus a Masters degree in Syariah Law.  He has also been a "perjuangan" friend for about 19 years now.  I told you we are everywhere. These are some views he expressed about  Shariah Law.
  


“Let us not look at the word Shariah on just one point of view. We can look at various sources be it from the Irish or the UK or any part of the world. If the law is consistent with the Quran then why can’t we use it? Why do we have to be so particular with the word ‘Shariah’. The most important thing is justice needs to be served,” explained Datuk Jahaberdeen Mohamed Yunoos.

A legal practitioner says the Malaysian Federal Constitution has satisfied the requirements of Al-Quran and Sunnah and supported the recommendation a public debate on Shariah law should be conducted, an idea made by several academicians recently.

Lawyer Datuk Jahaberdeen Mohamed Yunoos told The Malaysian Reserve there is nothing wrong with the Federal Constitution as it is in accordance with the Islamic principle and pointed out an open debate to discuss Shariah Law is healthy and is long overdue.

“In my view the Federal Constitution fulfilled the requirements of Al-Quran and Sunnah. There is nothing wrong with the Constitution. We have to broaden our understanding on what Shariah law means,” he said.

“Let us not look at the word Shariah on just one point of view. We can look at various sources be it from the Irish or the UK or any part of the world. If the law is consistent with the Quran then why can’t we use it? Why do we have to be so particular with the word ‘Shariah’. The most important thing is justice needs to be served,” he explained.

“I personally feel the debate on Shariah law is healthy and it should have been done a long time ago,” said Jahabardeen adding that the debate must be all encompassing to explain what Shariah law exactly is.

Jahaberdeen’s comment came after academicians urged Putrajaya to not ignore calls for a debate on the role of Islamic laws in Malaysia after it was reported in numerous cases where religious laws have conflicted with civil law and the rights of non-Muslims.

According to an online news portal, the academicians said instead of deciding on the issue behind closed doors, the ruling Barisan Nasional should open the door and manage this discussion so that it takes place rationally and freely.

The report also stated the debate would prevent the issue from being hijacked by extremists to sow fear and intimidation which distracts the public’s attention from other pressing problems in economy and politics.

According to Jahabardeen different countries have different interpretation of what Shariah law is.

“So we have to examine our existing laws whether they are consistent with the Quran and Sunnah,” he said.

“If we want to have a whole set of different opinions, set up a committee to talk about it and most importantly it must consist of Islamic thinkers from various backgrounds not just Islamic jurists,” he suggested.

While on the topic of Islamic law Jahaberdeen commented on religious authorities whom he lambasted describing them as invaders of individuals’ privacy.

Referring to a recent case of three female concert-goers who embraced members of a Korean boy band, Jahabardeen said eventhough he disagreed with the action they committed but he finds it unnecessary for the Federal Territories Islamic Department (JAWI) to issue a warrant of arrest on the girls for hugging and embracing the singers.

“Generally we do not go out and hug strangers. It is not our Malay culture to do that but if it happens spontaneously, I think JAWI could have just come out and warn them from behaving in that manner.”

“To make it into a religious issue I think it is an overkill and why many of us feel disgusted with religious authorities.”

“I find there has been an increase of invasion of privacy involving religious authorities in the guise of religious laws.”

“Jangan hanya pandai menghukum sahaja (Don’t just be good at judging),” he said. 

My comments : The problem is there is no such thing as 'Islamic' scholarship. All they have is sectarian scholarship.  They only study to defend their own sects. Any view that is contrary to their own view will not be accepted. That is why they are so backward.

In Malaysia if your thought processes do not toe their line, you can be charged in court.  

The Quranic view is different. It is Islamic. Whatever view you have, that is your right. You cannot be punished for your beliefs and views. If you have evidence for what you say, then that is very good. If you dont have ay evidence, you will not be prosecuted or persecuted. It is just an exchange of views.

But the sectarian view does not allow such thinking. Why else do you think they are in such deep sh*t all over the world? Kita tidak boleh menggunakan akal dalam semua perkara.

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