Oct 6, 2016, last Tuesday, marked a paradigm shift in strengthening Jabatan Agama Islam Selangor’s (Jais) efforts to curb syariah crimes such as ‘khalwat’ (close proximity) or indoctrination of deviant teachings.

With the launching of a smartphone application named ‘Hotline Jais’, members of the public may be able to cooperate by utilising the application as an alternative which is much more user-friendly and instantaneous in reporting suspected syariah crimes around them.

The director of Jais has this to say: “If previously the public would have to contact us and make reports needing to go through a long process for verification of information, now the time has come where they could use the application to provide information instantaneously and the enforcement officers may be able to act within 24 hours.

“The complainants would not have to worry about providing personal details when making the reports or being called as witnesses for the cases that they report because their information will be protected.”

Nonetheless, as a reminder he also says: “However, I hope that the public will not misuse this application by reporting incidents which are not relevant to Jais other than providing complete details about the cases which are being reported.”

Criticism against ‘Hotline Jais’

Unsurprisingly, ‘Hotline Jais’ has been criticised by some sections of the public who already have Islamophobia or misunderstanding on the syariah laws and legal system accompanying their thoughts. These of course are made worse by the pro-liberal media which seek to misrepresent and paint negativity on everything that has got to do with the religion of the federation and of the majority of citizens, Islam.

They disseminate wrong perception and ideas encompassed following the launching of ‘Hotline Jais’ without giving proper reservation on their misleading and prejudicial commentaries, leaving the public especially non-Muslims drowned in ever increasing and in-depth confusion.

That is why, as reported by The Malay Mail Online dated Oct 8, 2016 just two days after the launcing was made, edited by a columnist of the same news portal, Zurairi AR, whose articles have ridiculed and attempted to smear negativity on Islam and efforts to preserve its teachings, quoted some statements by selected pro-liberal lawyers regarding this application.

With the title ‘’Hotline Jais’ app opens floodgates of vigilantism, lawyers warn’, the news reported what human rights lawyer Fahri Azzat has to say: “I think the idea of such an app to report crime is a good one in itself. What I am not comfortable about is that it is used to enforce personal morality.

“It will certainly encourage vigilantism because it is easy to report things now. [Just] snap a picture.”

In the same article, a lawyer for Lawyers for Liberty, Latheefa Koya, was quoted in giving premature comments saying: “I am really not sure how this so called vigilante type of facility helps the image of Islam. If you genuinely want to eradicate vice, then you must guide and teach morals, not by humiliating and looking for wrong of others.”

‘Hotline Jais’ as an improved alternative

I am puzzled as to the reasons behind criticising this application. It is as if they have complete disregard on the availability of the 24-hour hotline at 1-800-88-2424 for the public to make similar reports of suspected syariah crimes by phone calls, or much worse, they do not even bother to check Jais’ website about this alternative.

Why wouldn’t they criticise this 24-hour hotline if the acts of reporting syariah crimes amount to infringement of human rights, right to privacy or have the potential of abuse and vigilantism? Don’t they refer to the reports of similar nature? The only difference now is that Jais has come up with another more user-friendly application and the public may choose to use it or make phone calls.

Of course as what the Jais director says, ‘Hotline Jais’ is more user-friendly and instantaneous in processing the reports and thereafter the enforcement becomes more efficient.

That is the objective of launching this application. If only after two days the application comes to life and people attempt to criticise, their criticism will be nothing less than a premature comment and prejudicial remark without regard to the main objective and function of the application. It could be that these lawyers did not even download and try to experience the application first before making comments.

‘Hotline Jais’ as reflection of ‘amar makruh nahi munkar’

As Muslims, we uphold the notion of ‘amar makruf nahi munkar’. While we call on people to do good deeds, we also seek to curb with the bad deeds, or syariah crimes happening in our vicinity.

With this application, we would be able to cooperate and ease the enforcement agency, that is Jais’ Enforcement Division which is authorised to enforce and act upon our legitimate and authentic reports in performing ‘nahi munkar’.

This also applies to civil crimes for which the 24-hour hotline or Rakan COP are similarly implemented in reporting suspected crimes such as theft, murder, domestic violence and others so that the police would be able to take action in avoiding undesired occurrences and bringing the culprits to justice.

Therefore, it is not reasonable for a Muslim to deny the command of Islam which after all seeks to maintain social order and prevent from the commission of sins or crimes or any acts which are in breach of the laws.

Reasonable use of ‘Hotline Jais’

Should you need to report an incident, you will need to certify that the information given is true and if the information is found to be falsified or doubtful or falls outside Jais’ jurisdiction, Jais reserves the right not to initiate any action on the report. Not to mention, only the reports containing accurate information will be entertained.

For your information, you will need to provide information which are all compulsory. Information such as full name, identification card, contact, occupation, email address, the date of incident, district, address at which the incident takes place and details of the incident are all compulsory fields to be filled up before Jais initiates investigation or enforcement.

This proves that the level of seriousness in making the report is high. Your personal details will also be recorded so they may be able to track you down should you lodge a false report or abuse the application.

It is necessary to inform that the complainants may also attach pictures of the incident or the location but it is not a compulsory information, as wrongly reported by Free Malaysia Today which says: “The complainants however, must provide substantial information on the alleged wrongdoing, and need to fill up a form. Proof of the alleged crime, which can also include photographs, WAS REQUIRED as well.”

In addition, it is not merely “[Just] snap a picture” as alleged by Fahri Azzat. Is this some cheap tactic by the human right lawyer? It transpires that they did not actually check up on the application themselves!

Regulation of Islamic religious affairs

Should these lawyers including the pro-liberals desire to fight for human rights, they should beforehand prioritise the provisions of the constitution.

Article 3(5) provides that: “Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.”

This application states that Jais shall not take action should the reports consist of matters which fall outside its jurisdiction. Therefore, any attempts to smear perception of abuse by Jais are not reasonable. The allegations that the public may “enforce personal morality” or be “looking for wrong of others” are also misleading and not justified.

Furthermore, Jais performs its reponsibility within the purview of the constitution to regulate Islamic religious affairs, including but not limited to dissemination of Islamic messages and information, and the enforcement of laws as contained in the Enakmen Jenayah Syariah Selangor 1995, among others the acts of ‘khalwat’ and the spreading of deviant teachings.

This application is one of the alternatives to many other efforts of ‘amar makruf nahi munkar’ as an authorised religious body and others should not interfere or question these efforts in utilising the technology as a facility as long as it does not contravene the constitution and other rights as protected by the laws.

Objectivity in giving criticism or support

The members of the public should acknowledge that the application has just been launched few days ago and it is too early to make criticism which may be influenced by existing sentiment or prejudice.

If these Muslim lawyers wanted a method or application which is user-friendly whilst in compliance with the constitution, laws and human rights, if there is any weaknesses, they should have given recommendations to improve instead of spreading negative perception among the public especially non-Muslims.

Therefore, let us give support and cooperation to Jais and other state religious bodies in curbing with syariah crimes happening around us. Let us be a responsible member of the society in preserving the morality and ensuring compliance with the laws, but at the same time let us be cautious and reserved in carrying out our duty as a citizen so that it will not cause injustice towards innocent people.

If Fahri Azzat himself admitted to the application as a “good one in itself”, then for what reasons do we need to criticise?

DANIAL ARIFF SHAARI is an activist under the NGO Ikatan Muslimin Malaysia (Isma) and its agency known as Ikatan Peguam-Peguam Muslim Malaysia (IPeguam).