Believers of other faiths, liberal secularists and secular atheists need to
understand that Islam is the governing principle in every aspect of a Muslim's
life to a degree seldom seen in the adherents and practitioners of other
religions. Islam is not just a matter of rituals and worship; Islam is a
complete way of life. For those who cannot or will not accept the crucial
importance of this most important reality in the life of all Muslims we can
only say, hopefully without insult, please stay out of our business.
As Muslims we have no difficulty accepting that non-Muslims have different
beliefs and live their lives differently than we do. Please show us the same
courtesy.
His editorial among others, reflect the distressing trend that non-Muslims are
making ill-informed, prejudiced and unwelcome comments on the religion of the
majority of people of this country. This is very unhealthy, and dangerously
crossing the lines of civilized discourse.
There exists a myriad of opinions on the issue of consumption of intoxicants.
But the Muslim scholars are unanimous that the offender must be punished..
If the offence is considered under the jurisdiction of hudud (limits), as is
embraced by the schools of thought of Syafie, Maliki and Hanafi, caning must be
meted without exception. This being the stipulate of God for the good of the
bigger society.
However, Al-Qaradhawi, the celebrated contemporary scholar, in consonant with
the likes of At-Tabari, Ibn Munzir, As-Syawkani and Ibn Qayyim opines that this
offence is within the domain of ta'zir (discretionary penalty). Thus, the judge
may choose to forgive the first time offender or he may elect to cane the
offender and would stipulate the number of canings. As alluded by others, the
caning is unlike the brutal and vicious whippings as prescribed by the civil
courts.
Asst. Prof. Dr. Zulfakar, who lectures Islamic criminal law in the
International Islamic University of Malaysia, and Datuk Abdul Munir Yaakob,
SUHAKAM commissioner, concurred that the courts acted within the State Shariah
Criminal Offences Act notwithstanding the seven day remand order.
The Shariah court is part of Malaysia's dual justice system which has
jurisdiction over Muslims and the decision of the Kuantan Shariah High Court
must be respected as such That is the rule of law enjoyed by both the Shariah
and Civil courts and outside interference would tantamount to contempt of
court. The due process of appeal is open to the victim if justice is not done
or seen to be done.
In this media frenzy, the irony has not been lost that Kartika herself has
accepted the sentence and has refused appeal despite the suggestion by no less
the Prime Minister himself. This underscores one of the objectives of the
Shariah, to guide Muslims to be more observant of their religious obligations
through remorse and repentance.
The controversy surrounding Kartika's sentencing also exposes the sometimes
uneasy co-existence of the world views of Islam and that of modern secular
society. Attempts to fit Islam into the secular world view is like forcing a
square peg into a round hole.
Globally, the World Health Organisation (WHO) reports that alcohol causes 1..8
million deaths (3.2% of total) and 58.3 million (4% of total) of
Disability-Adjusted Life Years (DALYs). The U.S. Department of Justice Report
on Alcohol and Crime found that alcohol abuse was a factor in 40 percent of
violent crimes committed in the U.S. The British Home office reports a figure
of 45% which rose to 58% in cases of attacks by unrecognized persons. We have
not even begun to mention the primary role of alcohol in road traffic
accidents, domestic violence, drug dependence, alcoholism, women and alcohol,
adolescents and alcohol, fetal alcohol syndrome, alcohol and liver cirrhosis,
alcohol and brain damage, alcohol and cancer risk, the causal link between
alcohol and 60 different types of diseases etc.
God says in the Quran, Chapter 2, Verse 219 :
"They ask you concerning wine and gambling. Say: 'There is a great sin in both
of them, and (some) profits for people; but their sin is greater than their
profit ."
As Muslims, our absolute love and allegiance is to our Creator, whose infinite
wisdom we do not question. Thus, it is completely unacceptable and
reprehensible that any from amongst his creations, should instruct us otherwise
applying their fallible human and secular opinions and standards.
Board of Directors
Muslim Professionals Forum
Dr. Mazeni Alwi
Dr. Jeffrey Abu Hassan
Dr. Shaikh Johari Bux
Haji Mohamed Ali Ghazali
Dato' Dr. Musa Mohd. Nordin
