Islamic laws not to be applied to non-Muslims

The Bar Council is troubled by the proposals that have emerged from the recently concluded two-day seminar on review of Syariah laws, organised by the Islamic Institute of Understanding Malaysia (IKIM) and the Syariah Judiciary Department Malaysia. According to press reports, it has been proposed that non-Muslims found “committing” khalwat (i.e. close proximity, an offence under various State Islamic law enactments) with Muslims be also held criminally liable.

Implementing such a proposal would be tantamount to imposing Islamic law on non-Muslims. This is wrong in principle, and would constitute an infringement of the fundamental guarantee of freedom of religion enshrined in Article 11 of the Federal Constitution. It would be gravely unjust to apply theocratic law in this manner upon individuals who do not profess the religion concerned. The proposal is wholly unacceptable.

The seminar’s other proposals, which purportedly also include the imposition of stiffer penalties, and the establishment of a rehabilitation centre for Muslims convicted of various offences related to “morals and faith”, are equally troubling; particularly in light of the history of overzealous enforcement of khalwat and other moral policing laws in this country.

A progressive and moderate government must be very slow in criminalising a perceived breach of moral conduct in relation to the private lives of its citizens, or in using public funds to police the private behaviour of its citizens, particularly in a pluralistic society such as ours.

We urge the authorities to focus their attention on more pressing issues like fighting corruption rather than on the private lives of individuals.

Ambiga Sreenevasan
President
Malaysian Bar
3 April 2008