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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Jais is �just' enforcing the law! -Malaysiakini
I do not feel good listening to news that
a Muslim female singer was arrested and
is going to be charged for appearing or
working in a restaurant that sells liquor.
However, as a socially responsible
non-Muslim adult, I have to respect the
right of the Muslim community to conduct
its own affairs.
Seen, however, from a legal-functional
point of view, I think many liberals, both
Muslims and non-Muslims alike, have
missed the point altogether by
concentrating their attack on the Jabatan
Agama Islam Selangor (Jais), but
ignoring the real source, namely the
Selangor Syariah Crime Enactment
(1995).
Jais is a legally-constituted enforcement
or executive unit of the Selangor
government, and as such, it has to carry
out its duties as enforcer of the law,
whose making and the power of making
(and unmaking) is vested in the Selangor
state assembly which is elective.
We can only accuse Jais as an executive
or enforcer of law, of being irresponsible
if it does not enforce a law that has been
duly passed constitutionally in the
Selangor state assembly in 1995.
The problem is not Jais or "vigilante"
(because by definition, vigilante is the
unconstitutional and illegal groups of
rule- enforcers but Jais is constitutional
and legal arm of the Selangor state).
It is the Selangor Syariah Crime
Enactment which by supported and
passed in 1995 by 31 Umno, 11 MCA, 1
Gerakan and 3 MIC state assemblymen.
There was no PAS state assemblyman
elected in Selangor in the 1995 general
elections. The three DAP state
assemblymen participated in the debates
but abstained in the voice vote.
The making of the Selangor Syariah
Crime Enactment in 1995 must be put on
public records, and for real targetting.
And it is from this legal-function
perspective that I think DPM Abdullah
Badawi is wrong. As a political leader, he
should examine and target at the
BN-made law itself, not the enforcer.
In the same manner, Robita T. Abdullah
also shows that she is utterly ignorant of
normal constitutional law and normal
division of legislative, executive and
judicial powers when she praised Pak Lah
in her piece, "Islamic Tonton Macoutes
at work" (June 26).
Or Robita is perhaps not that ignorant or
that stupid after all because I still
remember she once write a short letter
to malaysiakini "smartly" linking, not very
unlike the behaviour of some MCA and
Gerakan propagandists, Islam with
terrorism, without any qualification. That
letter alone raises in my mind the
question of Robita's honesty or maturity
in intellect and faith.
Mary Tan
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