I refer to your report ‘Mufti points to scholars who also oppose ‘anti-vice spying’’
Perlis mufti Dr Asri Zainul Abidin obviously fails to understand the difference between spying, that is, illegal snooping, and criminal investigation authorised by law. If the Shariah law enforcement officer has reasonable grounds to believe that the offence of khalwat is being committed in a private place, he or she can enter the premises, pursuant to lawful authority, to investigate the matter.
The position in secular law is no different. If a police officer suspects that a man is committing statutory rape with a consenting minor, or a grandfather committing incest with his consenting granddaughter, in a private home, he is empowered by law to investigate the suspected crime. Asri and the Group of 25 Eminent Malays (G25) will not protest at this invasion of privacy!
In his Facebook entry, Asri claims “Imam al-Ghazali who in his book Ihya ‘Ulum al-Din said that wrongdoing should be opposed but there was no need for spying”. Imam al-Ghazali is commenting on spying not investigation of a crime. He said “wrongdoing should be opposed”. Does Asri not consider khalwat a wrongdoing that needs to be opposed and curbed?
According to Asri, the chairperson of the International Union of Muslim Scholars Yusuf al-Qaradawi had said that Islam only permits one to take action against a very clear wrongdoing. Again, is not khalwat a “clear wrongdoing”?
On Zina and Khalwat, Qaradawi writes: “Islam... is very strict in prohibiting zina, for it leads to confusion of lineage, child abuse, the breaking-up of families, bitterness in relationships, the spread of venereal diseases, and a general laxity in morals; moreover, it opens the door to a flood of lusts and self-gratifications...
“...when Islam prohibits something, it closes all the avenues of approach to it. This is achieved by prohibiting every step and every means leading to the haram. Accordingly, whatever excites passions, opens ways for illicit sexual relations between a man and a woman, and promotes indecency and obscenity, is haram.
“Islam prohibits khulwah between a man and a woman who are outside the degree of a mahrem relationship...” [Yusuf al-Qaradawi: The Lawful and the Prohibited in Islam]
Privacy or khulwah denotes a man and woman being alone together in a place in which there is no fear of intrusion by anyone else, so that an opportunity exists for sexual intimacy such as touching, kissing, embracing or even for intercourse.
The Islamic religious authorities here have been taking action, pursuant to the powers given to them by law, to prevent khulwah, that is, acts which “open ways for illicit sexual relations between a man and a woman” which is haram. Does the mufti of Perlis disapprove of this? If the authorities exceed their powers there is always a remedy available to our people.
We are witnessing serious erosion of morals in this country due to the assault by the materialist, hedonistic culture from the secular West. Zina, khalwat and other activities deemed haram by Islam are rampant. Children born out of wedlock are being thrown into toilets, waste bins and drains. Cases of rape and incest are increasing. Drug addiction among youths is pervasive.
Dr Asri should come out with proposals for eliminating these social evils instead of rushing to his Facebook to score debating points against other muftis.
MOHD AZMI ABDUL HAMID is president, Malaysian Consultative Council of Islamic Organisation (Mapim).
