The Barisan Nasional government trapped itself when it declared that Malaysia is an Islamic state, said former Lord President Tun Salleh Abas.
"The statement has trapped BN and Umno. If they think Malaysia is an Islamic country, then why do they object against PAS' attempt to implement Islamic laws? If this is an Islamic state they should support the implementation of Islamic laws," he told malaysiakini in an exclusive interview.
He said Umno put itself in a 'Catch-22' situation when Prime Minister Dr Mahathir Mohamad announced on Sept 29 last year that Malaysia is an Islamic state. "I think they got caught with the statement to counter DAP's claim that Malaysia is a secular country."
Asked if Malaysia is an Islamic or secular state, Salleh replied that the country was currently a secular state.
"At the moment, we live in a secular country. The Federal Constitution and the laws state clearly that we are living in a secular state.
"However, it is right to say that Malaysia is an Islamic country, population wise, because the majority of her citizens are Muslims. But it is wrong to say that we have an Islamic government," he said.
Undemocratic protest
Salleh, who was involved in the drafting of Kelantan's Syariah Criminal Laws (hudud and qisas) Enactment, said those protesting the wishes of the people of Kelantan and Terengganu to implement Islamic laws are undemocratic.
"It's very undemocratic for those outside the two states to object when the people of Kelantan and Terengganu are for it. Further, it does not affect those outside the states. We may end up having different laws but what is wrong with that?" he asked.
However, he conceded that the constitutional right of freedom of speech allows anyone to say anything against the implementation of the Islamic laws but stressed that these objections only confuse the people.
"What makes me even more sad is that even the non-Muslims are questioning (the credibility) of hudud laws. Why? The laws are not applicable to them. This is our religion. We have our beliefs as they have theirs and we respect them. But I feel they should not interfere," he said.
He also assured that the implementation of the Islamic laws in Terengganu will not cause any injustice to women especially to rape victims.
"As an Islamic government, we cannot victimise rape victims. It is clear in the tradition of the Prophet Muhammad (peace be upon him) that women who committed zina (adultery) under compulsion or in another term, being raped, cannot be punished. This will be included in the state laws," he said.
Uphold teachings
He also explained at length that rape complaints by women will be investigated under the Penal Code which is the present procedure.
As for allegations that PAS' introduction of Islamic laws is politically motivated, Salleh said the political party strives to uphold the teachings of God and the traditions of Prophet Muhammad.
"They believe that when they become leaders and are entrusted with power and authority, they have the responsibility to enact God's law. They are committing a great sin if they do not do this," said Salleh.
Salleh, who stood in the Lembah Pantai parliamentary constituency in the 1995 general election, said his involvement in politics was by chance due to the persistent persuasion from friends and his dislike of disappointing them.
He said it was the now-defunct Semangat 46 president Tengku Razaleigh Hamzah who persuaded him to run against Shahrizat Abdul Jalil (now the women and family development minister) and had surprised many when he lost.
He never thought of running for election again until a few weeks before the 1999 general election when Wan Abdul Mutalib Embong (Wakaf Mempelam state assemblyman) managed to coax him to run at Jertih which is his hometown.
On Semangat 46's decision to dissolve and re-join Umno, Salleh said: "I think it was a great mistake. Some people shed tears when the decision to dissolute S46 was made. I know many (S46) people who refused to re-join Umno. As for me, I was not effected because I was never a S46 member."
Shameful conduct
Asked about the Human Rights Commission of Malaysia (Suhakam), Salleh said although he did not know how far the commission has succeeded, he admired its efforts under the leadership of its former chairperson Musa Hitam.
However, he refused to comment on the recent appointment of former Attorney-General Abu Talib Othman (photo) as the new Suhakam chairperson.
"I don't think I should say anything about him. He (Abu Talib) was responsible for getting me out of the judiciary (as Abu Talib headed the prosecution in the tribunal which sacked him.) And he is also the man whom I had more or less groomed to be the Attorney-General. He was one of my senior officers while I was at the AG's chambers. I don't think I should make any comments about him."
Salleh also described the conduct of judges and the prosecution teams at the former deputy prime minister Anwar Ibrahim's corruption and sodomy trials as "shameful".
"The trials showed that both the prosecution and the court did not comply with the principles of law which had been properly laid down. Some conducts were really irregular.
"I also feel that the sodomy case should have been tried at the Syariah Court. It's provided under the Syariah law and the constitution allows Muslims to be tried under the Syariah law," he added.
Part II of the full Q&A will be available in the Opinions/Features section today, only to subscribers.
