The Goldilocks zone of hudud

As a nation and as a society we are not indestructible. We have been tracing a delicate orbit of balance through the forces of chaos and order.

COMMENT

Astronomers and cosmologists refer to other worldly planets that might support life as being in the “Goldilocks zone”. They are neither too hot nor too cold, neither too hard nor too soft. It may be by random chance or by divine intent that they are just right. Such systems are extremely rare even in our infinitely vast universe. One factor out of sync and the planet is barren. Many factors have to be just so to make life possible, such is the nature of our home.

Earth is the only place we know of that harbours those conditions and it is our home. We have no other. Before humans ever gazed upon the earth, there were creatures that roamed the planet that have become the stuff we walk on and the fuel that we burn. They are not mentioned specifically in the holy scriptures. But that does not matter. We accept that religion feeds our spirits and not our physical forms.

Just like Earth, Malaysia is rare and wonderful. It exists as a unique system amongst the vast political and socio-cultural possibilities. Our diversity speaks for itself and our people are celebrated to be amongst the most harmonious and tolerant of cultural and religious differences, until quite recently.

Chief among the factors that have kept our people together as a peaceful and tolerant nation are our laws. Specifically, it is our highest laws that have ensured our continued harmony. That law is supreme. It is the Federal Constitution. It is because the Federal Constitution was structured to be inclusive and considerate of all the communities from the onset that our uniqueness has persisted. This is the status quo. This is our Goldilocks zone. This is as it should be.

As a nation and as a society we are not indestructible. We have been tracing a delicate orbit of balance through the forces of chaos and order. The consequences could be unexpected and unmanageable if we veer off this narrow Goldilocks course that has sustained us.

The debate on the tabling of PAS’ syariah amendments bill to enlarge the scope and jurisdiction of Kelantan’s Syariah Code has been fraught with too much political posturing. Emotions are running high on both sides of the argument. Party lines have been crossed as even politicians from Barisan, apart from DAP and PKR, have called for a cease and desist. Are they overplaying the “against” position as PAS and the religious right-wing are accusing them? Or are they trying to protect the balance in our way of life?

To say that the Federal Constitution does not disallow it is disingenuous. Even the cornerstone of the Constitution that lays down the rights and privileges of a citizen can be altered with a sufficient majority and the assent of the King. In an emergency, the Parliament can even be suspended and by extension the Constitution. This is politics.

More accurately, the Federal Constitution in its current form does not support Kelantan’s proposed amendments until it itself undergoes reconstructions that would bring it into line with this PAS initiative. This is a major undertaking as no such alteration is allowed unless the initiative is debated in Parliament and two thirds of the house vote in favour of this reconstruction.

Oversimplified truth

The religious right have accused naysayers of not understanding the noble intention of God’s will manifest in hudud and the fundamentals of Islamic jurisprudence. That they, not being theologians, are ill equipped to argue against it. This debate is not new and has only succeeded in solidifying the positions of those that are for and against. What is even worse is that it allows politicians that are pro-hudud to label everyone else to be anti-Islamic. This is an oversimplified untruth that only needs bias to say, and no knowledge to prove. The reputations of even good Muslims have been sullied when they take the position of defending the Constitution against reconstruction.

Preferring to stand pat on status quo is another reason many Muslims will not reject nor support outright the enlargement of syariah’s role to encompass what is now under the scope of the Penal Code. For the Nons, it is a question of whether this is the first or last amendment they will see to the inviolable charter that protects us all from chaos. There is comfort and consolation in the known.

The attitude that it is not the business of the unqualified and the non-Muslims has prevented a sizeable number of people from participating in the discourse that would essentially determine the direction and fate of all our futures.

The arguments still won’t matter because those that are pro-hudud have already settled into their positions with emotive certainty. It cannot even be rationalised with the sophistication and tact that Dr Dzulkefly Ahmad used so eloquently in his recent article. But most in PAS and the religious right-wing don’t share his kid-glove approach when they sense they are close to having their way.

What concerns Malaysians as a whole is that the Supreme Law risks being altered to accommodate a smaller. The status quo that has preserved our way of life for six decades of independence is about to be excised and re-sectioned because a political party attributes the limits of the Federal Constitution to be restraining their right to freely practice Islam in its entirety. This political argument is undesirable because it calls into question the very nature of the Constitution itself and its purpose of managing the peace and harmony of the entire nation.

Another reason for resistance against hudud is that unlike the legalisation of marijuana or same-sex marriage in certain states in the US. The laws in those states do not compel one to use marijuana or be gay. Hudud compels all Muslims. The compulsion part is hard to accept for ourselves and for our legacy to future generations, even if we are law abiding and wouldn’t steal a peppercorn.

We must accept the reality that we are a hybrid democracy with huge minorities and sizeable numbers of Malay Muslims who see themselves as Malaysians first, no matter what the politicians may claim. Our fates and socio-economic overlap have gone too far to disentangle. 21st century Malaysia needs to pedal away from this divisive state of affairs. The common ground shrinks as our politicians speak and spin their guile. The nation risks much if it introduces something that has not worked well even for those countries more homogeneous in their composition.

Let us not cause a wobble in our uniquely evolved society. It has served us well and can continue to do so. Let us not tamper with what is not broken and risk this reconstruction which will change the existing character and direction of our country. The only thing we need to prove to the Almighty is that we can live together in peace. We are already a miracle. Goldilocks would be happy here. This is the greatest achievement for Malaysians as we face difficult times ahead of us together.