A non-Muslim perspective on controversial fatwa's

Fellow Citizens,

Over the last few weeks, I witnessed much verbal battles online and elsewhere where some non-Muslims took potshots at the fatwa's and Muslims telling them to butt out as it does not concern them, many political leaders came out saying that the non-Muslims should not be concerned as it does not affect them.

Some even chastised Terence Fernandez of The Sun for giving his views , which in my opinion were very pragmatic and non-confrontational.

I abstained from posting a single opinion as I am neither Muslim nor a Yoga practitioner, but as a citizen living in a multiracial multireligious country I realize that it is not so easy compartmentalize these issues.

My understanding is that a fatwa is an Islamic religious ruling, a scholarly opinion on a matter of Islamic law.( please correct me if I am wrong) people who pronounce these rulings are supposed to be knowledgeable, and base their rulings in knowledge and wisdom. They need to supply the evidence from Islamic sources for their opinions, and as has pointed out by some scholars can come to different conclusions regarding the same issue. Harris Ibrahim in his peoples parliament blog also pointed out an instance where a fatwa issued was revoked several years later, in his story about Pak Ahmad.

He also points out that it is a fineable and jailable offence under section 9 & 12 of the syariah criminal offences act 1997 which includes flouting a fatwa. So it is not only about using ones god given conscience as a guide. I also understand that Muslims are expected to follow fatwa's but not obliged to do so. In short it between you and god. Thus it puzzles me that the fatwa is enforceable under the syariah act.

Is our Fatwa council comprised of members who have the stature to give such edicts, or are they merely yet another tool under the ruling government’s payroll?

Is it not odd that the fatwa council took unilateral action without consulting other Islamic bodies whether NGO's, opposition linked ulama or the rulers?

The fatwa council is under the jurisdiction of the Prime Ministers department, directly or indirectly influenced by UMNO who in turn control 35% of Parliament,

So how far are they represented by 60% of the population who are Muslims?

Should there be a more inclusive consultative approach where the view of a more diverse group is consulted before it is announced to the world?

That is a matter for Malaysian Muslims to decide.

As a non-Muslim citizen however my concerns are as follows :-

1) The effect of investment inflows into the country including tourism due to investors pessimism over frivolous fatwas, this affects us all regardless of religious affiliation.

2) Overzealous enforcement officers inconveniencing non-Muslims by hanging around health clubs and demanding to see identification, in the past it made us an international laughing stock when they asked an American couple for their marriage license, they have proven in many incidents to be anything but tactful. This encroaches on personal privacy.

3) Using such fatwa's to frame Muslim opposition MP's on trumped up charges, this will be a setback to the constituents (including non Muslims) whom they represent.

4) The ruling government who has the fatwa council under its payroll, twisting their arms to issue such fatwas to scare non-Muslim voters into abandoning opposition Islamic party PAS, I cannot help but notice the escalation since PAS extended the olive branch by formally ratifying its non-Muslim wing, it seems that they are killing 2 birds with one stone by trying to show that they are more Islamic than PAS at the same time trying to erode PAS non-Muslim support. I for one see this whole episode as possibly politically motivated with far reaching ramifications.

5) Its divisive effect over citizens, as it is in some instances we are divided in schools, eateries because of the religion we profess or the food we eat, must we be separated by the exercises we do as well ?

6) Will civil rights activists be arrested under ISA, for declaring a fatwa unconstitutional?

7) Will the ruling government through its control of the Fatwa council issue specific Fatwa's against groups who dissent against them politically?

As you can see we are not islands unto ourselves, everything is interconnected, more so in a country where the non-Muslims are a whopping 40% of the population. Fatwa's are the prerogative of the Islamic community, but justice, knowledge & wisdom cannot be claimed exclusively by any group.

Not discussing these issues openly or excluding some groups from the discussions will only give a cosmetic semblance of order and stability when in fact it will be a veritable timebomb when it permeates into civil society and causes dissatisfactions.

Having said that Malaysians must learn to discuss issues rationally without seeing everything as a win or lose situation, we need to learn the meaning of agreeing to disagree.

I am reminded of this quote by Pastor Martin Niemoler :

When the Nazis came for the communists, I remained silent;I was not a communist.

When they locked up the social democrats, I remained silent;I was not a social democrat.

When they came for the trade unionists, I did not speak out; I was not a trade unionist.

When they came for the Jews, I remained silent; I was not a Jew.

When they came for me, there was no one left to speak out.

Vijay Kumar Murugavell

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