• Syariah laws do not trample on civil liberties
  • Dr Sarah Haniza Abdul Ghani
  • 1113368604
  • The Muslim Professionals Forum (MPF) views as preposterous the accusation that the Syariah enactment 'tramples civil liberties with impunity', which was the title of a regular column in an English broadsheet recently.

    The writer cited specifically Articles 5 and 10 of the Federal Constitution as being violated by the Syariah enactments. However, the use of heavy jargon borrowed from the human rights discourse could hardly hide the writer's fundamental ignorance of the limited scope of the Syariah enactment as provided for in the Federal Constitution.

    The substance of Article 5 in the Federal Constitution is about the unlawfulness of detention without trial and the right to a legal counsel and that no person shall be deprived of his life and liberty save in accordance with the law.

    With reference to the Syariah, '... in the case of an arrest for an offence which is triable by a Syariah court, references in this clause to the magistrate shall be construed as including references to a judge of a Syariah court'.

    Article 10 refers to the right of every citizen to freedom of speech and expression, the right to assemble peaceably and without arms, and the right to form associations while the parliament may by law impose restrictions in these areas in the interest of security.

    In neither of these areas - fundamental human rights which have been universally recognised and accepted worldwide - do state religious bodies empowered to formulate the Syariah enactments have any jurisdiction.

    We are equally concerned that some aspects of Syariah enforcement do infringe on the privacy of citizens or may not have been conducted in a professional manner. We accept that these enactments should be subject to review.

    But in no way should this be a justification for a blanket attack on the Syariah under the false premise of 'trampling of fundamental liberties' as stipulated in Articles 5 and 10.

    The Syariah is the epitome of the Islamic spirit, the very manifestation of the Islamic way of life based on an unqualified submission to the will of God. Muslims have a right to be governed by the Syariah and we reiterate that this concerns only Muslims.

    In practice, our co-religionists have always been able to exercise the right to opt for a Westernised lifestyle without regard for Syariah 'with impunity'.

    We have always respected the lifestyle choices of our fellow Muslims. The least we ask of them is to reciprocate this respect and not to denigrate Islam and the Syariah.

    The writer is a board member of the Muslim Professionals Forum.
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