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Malaysia’s dual legal system has long been a bone of contention. While non-Muslims are free to lead an immoral lifestyle, Muslims who do the same are arrested and punished. This is a system of discrimination since Muslims are not allowed to be immoral while non-Muslims are free to do what they want.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Today, MCA, the second most important party in the Barisan Nasional ruling coalition after Umno, most probably made history. MCA took a very bold step in officially declaring what most people have been ‘unofficially’ saying for some time -- and that is the Islamic Shariah law is outdated and a relic of the Dark Ages.
It is not only non-Muslims who are saying this. Even some Muslims, in particular those who are aware of the history of the Shariah, are of this opinion. But not many, in particular Muslims, dare condemn the Shariah. To do so would invite retaliation from orthodox or fundamentalist Muslims, sometimes physical in nature, who would feel antagonised by what they consider opposition to God’s law.
This is not just a Muslim problem. This was actually a dilemma amongst the Christians as well -- until slightly over 100 years ago. Then the Europeans overthrew the church and monarchy in favour of secular-based republics towards the end of the 1800s. Only then was religion ‘kicked out’ and the people became free. Religion’s ‘slavery’ over the people for thousands of years finally really ended.
It took Napoleon Bonaparte to lead the challenge to oppose the church and God’s ‘appointees’ on earth, the hereditary monarchs. Now, 200 years later, MCA is leading the challenge to oppose the Shariah -- and hence oppose the heads of Islam in Malaysia, the Raja-Raja Melayu.
Is MCA Malaysia’s Napoleon Bonaparte?
MCA’s bold and most dangerous move to propagate secularism might yet reverse the fortunes of this Chinese party that appears to be heading for extinction -- or it might accelerate its death. Either way it is going to be extreme. MCA is either going to emerge as the largest Chinese party in Malaysia or it is going to be buried for good.
Either way MCA has nothing to lose and everything to gain by putting everything on that last throw of the dice. If MCA does nothing it is finished anyway. By taking this bold step of opposing the Shariah and propagating secularism, MCA is embarking on an all-or-nothing high-stakes gamble.
MCA Youth Chief, Datuk Dr Wee Ka Siong, said the Pas leadership belonged to the Dark Ages and that they are trying to force our country to return to an old system, which every country in the world had fought hard to discard. He also called on Malaysians to reject laws based on theology or religious theocracy (meaning the Shariah).
For those not familiar with the issue, the Islamic Shariah is a collection of various theological-based laws. One of these laws is the criminal law of hudud. However, only part of hudud is being implemented in Malaysia. Laws covering murder, robbery, theft and sodomy do not come under the Shariah while others such as apostasy, illicit sex/fornication, close proximity, adultery, drinking/intoxication, eating during the month of Ramadhan, etc., have been passed into Shariah law long before Merdeka.
There are those who dispute that the Shariah is God’s law and they argue that the Shariah was ‘invented’ long after the Prophet Muhammad had died. In other words, the Shariah did not come from God but is a fabrication of humankind. They also argue that the Shariah is a mix of Jewish law, Christian law, old Arabian tribal laws, and pagan laws.
MCA, more or less, has officially stated its position on the Shariah -- in that it is not God’s law and hence can be opposed. MCA also calls on Malaysians to reject all theological-based laws, the Shariah in general and hudud in particular.
MCA has brought Malaysian politics up to a new level. Those who reject theological-based laws will now support Barisan Nasional while those who still want to live in what MCA calls the Dark Ages will support Pakatan Rakyat.
This is a most interesting development indeed and it is not clear at this stage how this anti-Shariah card is going to be played out. Currently, of course, the Shariah only affects Muslims and non-Muslims are exempted from it. Only Muslims who do not fast, drink liquor, or commit ‘illegal’ acts such as close proximity, illicit sex, adultery, etc., are arrested and punished. If the Shariah was abolished like what MCA wants then Muslims will be free from the control of religion and will be able to lead a freer life like those in the west.
Malaysia’s dual legal system has long been a bone of contention. While non-Muslims are free to lead an immoral lifestyle, Muslims who do the same are arrested and punished. This is a system of discrimination since Muslims are not allowed to be immoral while non-Muslims are free to do what they want.
For example, the MCA President, Chua Soi Lek, was caught on camera having sex with a woman he was not married to, and he even admitted it, but this did not damage his political career. Anwar Ibrahim, the Opposition Leader, was also allegedly caught on camera having sex with another woman, and which he denied, but there were calls for him to resign on grounds that he is immoral.
With the abolishment of the Shariah, the immoral lifestyle of the Malay-Muslim politicians will no longer be an issue and can no longer be used against them. Also, it would address the unjustness of the system where only non-Muslims are allowed to be immoral while the Muslims do not enjoy that same benefit.
It is not clear how many Malays-Muslims will support MCA’s call to abolish theological-based laws such as the Shariah. I suppose how well MCA performs in the coming general election will answer this question. And considering that MCA will depend on Malays votes, if the Malays support the abolishment of the Shariah, MCA may be set to win big this coming general election.
With this latest development, many may vote MCA if MCA succeeds in getting the Shariah abolished and Malays-Muslims can now enjoy their beer in the pubs without worrying about getting arrested and punished. That would overshadow the calls to get rid of corruption, abuse of power, mismanagement of the country’s resources, racism, etc.
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(NST) - PAS' aspiration to introduce its interpretation of the Islamic law, or hudud, if the opposition coalition came into power was strongly criticised at the MCA Youth and Wanita assemblies yesterday. MCA Youth chief Datuk Dr Wee Ka Siong called on Malaysians to reject laws based on religious theocracy and to denounce Pas' call to implement hudud.
He also cautioned the people to be wary of the opposition's ‘hidden traps’. "They are hoping to take over the country from the Barisan Nasional. The people need to see the hidden traps that will surface if this happens. Pas still insists on creating an Islamic state and to set up a political system based on religion. To date, Parti Keadilan Rakyat and DAP are unable to reject Pas' agenda," he said in his speech.
Wee likened the mindset of Pas leadership to one that belonged to the Dark Ages. "They are trying to force our country to return to an old system which every country in the world had fought hard to discard. It is worrying and it saddens us."
Wee also lambasted the DAP for conspiring with Pas to gain political mileage. "What is worse is that DAP, which had been adamant in rejecting an Islamic state in the past, is now working hand-in-gloves with Pas. They are now willing to sacrifice their stance and belief. Where is their integrity?"
Wee said he sympathised with DAP stalwart Karpal Singh, the only party leader who had openly spoken up against Pas' aspiration to implement hudud. "Karpal's famous response 'over my dead body' with regard to the creation of an Islamic state has been drowned by the howls of new DAP leaders. We pity Karpal, who is powerless, as he is betrayed by party supremo Lim Kit Siang and his son, Lim Guan Eng."
Wee recounted that in the past, Kit Siang had launched a campaign to protest against former prime minister Tun Dr Mahathir Mohamad when he announced that Malaysia was an Islamic country. "Yet, when Pas leaders announced that the Constitution will be amended for the implementation of hudud, Kit Siang kept his mouth shut."
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