Malaysiakini.com（http://www.malaysiakini.com）
(1) Syariah lawyers back action on khalwat against non-Muslims, 7 April 2008
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.
“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.
“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.
(2) But there are Muslims drinking and gambling..., 7 April 2008
by Rahim Ghazali
The Islamic Institute of Understanding Malaysia (Ikim) and the Syariah Judiciary Department, herein referred to as SJDM have proposed imposing Islamic laws on non-Muslims, namely that non-Muslims found ‘committing’ khalwat (ie, close proximity, an offence under state Islamic law enactments) with Muslims be also held criminally liable
I find it amusing such a proposal is being proposed when existing Syariah laws are not even being enforced full heartedly. Why come up with new laws when the existing Syariah laws are enforced with a ‘close one eye’ attitude?. Once in a while, one or two individuals are caught contravening Islamic laws, but this is just to show that some enforcement work is being done. But in reality, the spirit of such laws, which is good in nature, is far from being enforced.
Just go to any night club in Kuala Lumpur in the evening and one can see many Muslims indulging in drinking alcohol, the consumption of which is strongly prohibited in Islam. Why are not Ikim and SJDM doing anything about this?
Every Wednesday, Saturday and Sunday, go to any Magnum 4D, Sports Toto outlet and you can see Muslims lining up like bees to buy their empat nombor ekor, ie indulging in gambling, an act prohibited in Islam. Again, what are Ikim and SJDM doing about this?
To make matters worse, at each and every gambling outlet, there is a huge sign which states, Judi adalah salah di sisi Islam.
Even during Bulan Puasa (Ramadhan), go to the same Magnum 4D and Sports Toto shops, and again, you can see a beeline of Muslims punting their numbers. The religion enforcement officers don't even have to set a trap to catch a Muslim committing the offence of gambling. The offences are committed the whole day long!
It make you wonder that when there are offences glaring in front of you, the enforcement officers ignore such offences but they have the time to hide in the taman bunga and catch and prosecute couples holding hands.
Let me just stop there. I don't even want to get in the massage parlours and health centres issue as it gets too lengthy and also because they are not as visible as drinking alcohol and indulging in gambling, which, society at large can see daily.
I hope Ikim and SJDM first buck up implementing the enforcement procedures first. If we are sincere about implementing Islamic laws for the betterment of Malaysian society as a whole, Malaysia should emulate Brunei, where there is proper enforcement.
I am sure the federal government won't mind the lesser sin taxes it will obtain annually due to lesser patronage of such alcohol and gambling establishments due to strict enforcement of Syariah laws in the light that it will promote a healthier society.
(3) Hindu temples hit by 'cabinet ban', 7 April 2008
by Kabilan
Devotees of the Hanuman temple in Brickfields, Kuala Lumpur, have eagerly been anticipating a spanking new structure by year’s end.
Construction work by specialist builders from India have been progressing smoothly, with about 40 percent of work completed on schedule to date. But temple officials now foresee problems in completing the work as the immigration department has refused to extend the work-permits of the builders. Worse, the department has given the workers one month to leave the country, and has refused to entertain applications to bring in new workers. “We are stuck. The temple is only half-built. If these workers go, who will finish the work?” asked temple treasurer M Suresh.
“The department wants us to hire local workers. What they don’t realise, or choose to ignore, is that not everyone can build temples. You need skilled and specialist workers.”
He has another problem - what to tell the devotees who have donated huge sums of money for the temple construction.
This is not an isolated case. Across the nation, many Hindu temples face same problems with the immigration department refusing to renew work permits of builders, priests and musicians.
Its reason is that locals can be hired to do these jobs, a claim that many temple officials reject.
Temple builder P Malairaju said about 10 of his projects are stuck as a result of this new policy. “When we apply to bring in expert builders, we submit a huge dossier involving the work schedule and the need for these workers. Only after going through these documents, would the department approve a permit.
“Each worker is given an initial six-month permit which can be renewed for up to five years. However now, at the end of the six months, these workers are being told to pack up and leave,” he told Malaysiakini.
He said the decision can be appealed and an extension could be granted for up to three months, but not in all cases.
He said that he has about nine expert workers at the Hanuman temple and about 90 more working at temples in other locations.
“When we asked the department why the renewal applications have been rejected, we were merely told to hire locals. Why can’t they refer to our dossiers and see for themselves why we brought in these workers in the first place?”
He added that local workers still lacked the necessary skills to build temples and its intrinsic works.
“This is not like building an apartment or a building. You need to know the work,” he added.
He also said that the department has also refused to entertain new applications to bring in workers to continue the stalled projects.
“What is going to happen is that there will be half-built temples all around the country. I pity the temple officials who have to face the wrath of devotees,” he said.
Suresh agreed, saying that even now some of the devotee at the Hanuman temple were blaming the temple officials for “siphoning off the donation and slowing down the temple construction”.
‘We are stuck’
Other temples have been caught by the denial of renewed work permits for priests from India, thus forcing prayers and weddings to be conducted without priests.
The Sri Ayyanar Temple in Jalan Genting Klang is among those in this quandary. Its priest and a musician have been told to leave soon.
“How do we find replacements? Local priests are not interested in working full time. We don’t have enough qualified musicians as well. And this temple is fully booked for the coming wedding season,” said temple secretary A Gothandapaandi.
Similarly the Sri Subramaniam temple in Bandar Sunway is facing difficulty after its musicians were told to leave and applications for new musicians and priests were rejected.
“We are stuck. I fear for the future. We don’t have enough local priests or musicians. The government should have some sense in this matter,” said temple chairperson R Manivasagam.
Officials in other temple committees urged the government to end the ‘ban’.
“Is there an unwritten code to stop the growth of Hindu temples in this country?” asked a temple secretary from Ipoh.
Sri Sivan temple secretary V Palani from Klang said: “Trained local musicians and priests prefer to work on freelance basis so that they can earn more. Temples need full time musicians and priests so that we can serve the needs of our devotees at all times.”
When contacted, an immigration official said this is a cabinet-level decision and that all questions should be directed to the home ministry.
Back to cabinet
Last week MIC president S Samy Vellu raised the matter with the minister concerned, Syed Hamid Albar, who said the matter would be discussed in the cabinet before a decision is made.
Malaysia Hindu Sangam is also worried about the trend and has asked the government to revoke the cabinet decision, which was made late last year.
Hindu Sangam president A Vaithilingam said that the affected temples were all big, popular and registered temples.
“This sudden decision has caused a lot of unhappiness and had damaged the operations of especially larger temples,” he said.
“We feel that the decision is very unfair especially when considering that there are two million foreign workers in the country, whereas the requirement of the temples for a few hundred foreign skilled workers is not being entertained,” he added.
He also said that it takes many years to train highly-skilled priests and temple musicians.
“Unfortunately, the temples are not able to find locals with suitably high qualifications and skills to work for the pay that the temples can afford,” he said.
Vaithilingam also said the Hindu Sangam is making efforts to meet Syed Hamid to resolve this problem.
This issue first cropped up last December when then minister in charge of foreign workers Radzi Sheikh Ahmad said that there is no ban on foreign workers - including priests, musicians and sculptors - from India.
He insisted that no applications from Indian priests, musicians or sculptors had been rejected, but admitted the government is trying to reduce foreign labour.
"Our policy is that we want locals to take up the jobs as priests, musicians and sculptors," he was reported as saying.
Temple officials, however, say that based on what’s happening now, it is clear that there is indeed a ban in place.
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