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Wednesday, December 12, 2012

Islamic law and non-Muslims in Kelantan



It has been more than a month since the hairdressing salon fiasco in Kelantan came to light and it is disappointing that no solution is yet in sight.

The gender segregation rule imposed on non-Muslims by the local authority in Kota Baru naturally did not go down well with a large cross section of Malaysians.

This was a bad and incorrect stroke, no matter which way you view it, taken by a local council in the PAS-ruled state. We expected the top PAS leadership to correct this wrong, and quickly too. But why didn't they?

MCA was quick to jump on the bandwagon and lambasted DAP, as usual, blaming its number one opponent for ‘allowing' the Pakatan partner-in-crime to impose syariah rulings on non-Muslims.

To be fair, MCA did the right thing with its vocal and persistent protests. Of course, this was one political mileage the party badly needed and it did bask in glory over this issue. Yes, MCA won this round.

Nay, it didn't matter to the MCA that it was exploiting a situation where not many non-Muslims could distinguish between hudud (Islamic criminal law), Islamic family laws, khalwat (close proximity) and the local authority's rules on indecent behaviour.

What do you expect from a party of desperados, anyway?

Now what do the majority of non-Muslims understand about what's going on in Kelantan today?

NONEI take it this way. Now, even my mother or my sister or my daughter cannot give me a haircut - at least not in public or in a hair salon in Kelantan.

The only exception perhaps would be my wife - the only female who is allowed to be near me, as far as I can comprehend about the Syariah laws imposed in Kelantan.

If I go shopping with my mother or my sister or my daughter, we also have to be separated at the payment counter. There are separate queues for males and females.

Do I have to queue separately from my wife?


If my wife is with me, do we also have to queue separately? Or would we be allowed to get to the payment counter together, me holding my wife's hands. Or is that also prohibited?

And are there religious sentries or moral policemen stationed at shopping centres to ensure that men and women do not mingle.

If I want to queue together with my wife, must we announce to all and sundry that we are husband and wife? Is that what is expected of non-Muslims in Kelantan today?

I'm sorry but I'm unable to tolerate an infringement of my rights and no religion, other than the one I profess, should impose its values and rules on me. I will never accept that.

Come on, PAS, please be reasonable. It is absolutely wrong to infringe on the rights of non-Muslims. There is universal understanding on this issue.

Now, things are not getting any better! This week, we came face-to-face with another Kota Baru controversy - the four non-Muslims summoned by the local council for ‘indecent behaviour', whatever that entails.

Rightly, DAP secretary-general Lim Guan Eng demanded an explanation from PAS. Suhakam also wisely said the commission would probe the incidents.

A most feeble response


But PAS' initial explanation was disappointing. Its secretary-general Mustafa Ali said that the fines issued on the four non-Muslims by the Kota Baru Municipal Council (MPKB) last October was not related to Syariah law.

NONEMustafa (left) said that ever since PAS ruled Kelantan in 1990, no non-Muslim has been subject to such laws and he accused MCA of trying to create an impression that the opposite was true.

What a feeble response that was!

Let me state this bluntly: If a young couple, who are not Muslims, very much in love and wish to hold hands in public, it's none of PAS' business.

If they wish to spend some quiet moments together in a public park, it's also none of PAS' business. If they go shopping and wish to queue together at the payment counter, it's also none of PAS' business.

It's quite clear that something is not right somewhere in Kelantan now. It does not augur well for the future of non-Muslims in the state, particularly for the business community.

In the case of the hair grooming industry, it must be appreciated that it caters to both genders, and obviously there isn't an equal number of male and female workers in each salon.

The salons will not be able to survive if each worker is only allowed to cut the hair of customers of the same gender. Apparently, there are people in the local council in Kota Baru who do not understand this, or just refuse to see reason.

This is the classic case of the abuse of one's faith to impose one's set of values upon someone else. This cannot be accepted in our multireligious society.

I think that Gerakan deputy Youth chief Oh Tong Keong has a point when he urged the DAP to stop fooling itself by claiming that hudud would not be applied to non-Muslims and therefore has no impact on non-Muslims.

This is exactly what is happening in Kelantan. Non-Muslims are adversely affected as a result of an Islamic ruling that, in the first place, should have no bearing on them whatsoever.
Not appropriate to mix religion with politics
Surely DAP must tell its Pakatan Rakyat partner, PAS, a thing or two. PKR should not keep quiet too.

The nation is now on election mode. What is going on in Kelantan is not in favour of Pakatan. That is as clear as daylight.

While I understand that it's not appropriate to mix religion with politics, this is a case of infringement of the rights of a non-Muslim as a result of an Islamic ruling.

Hence, it also involves the rule of law and the question of constitutional rights.

It's somewhat comforting that top PAS leaders, including party president Abdul Hadi Awang and Kelantan Menteri Besar Nik Abdul Aziz, have commented positively on the issue.

pas muktamar 130610 nik abdul aziz nik mat 1Nik Aziz admitted that there was an "oversight" by the authorities in not considering the consequences of Syariah-based by-laws on non-Muslims.

Meanwhile, Hadi Awang said the Kelantan government did not intend to implement any Islamic "moral" laws on non-Muslims and that PAS views seriously the fears of non-Muslims.

Hadi also said that the Kelantan government was ready to consider suggestions from non-Muslim groups on the best ways of solving this problem, based on the concept of freedom of religion for non-Muslims.
I think we should all be glad that both the PAS president and the party's top spiritual adviser are also looking into the matter. Let us hope they will review the ruling and not impose it on non-Muslims.

Despite these negative highlights on PAS over the past month, it does not affect my respect for the party and its current leadership. I still consider PAS to be the most stable and consistent of the Pakatan coalition partners.

I can never agree to PAS' intention of instituting an Islamic state for our nation but I will never prevent it from declaring that ambition to the world.

Similarly, I expect my thoughts and views to be accorded the same freedom and respect.

FRANCIS PAUL SIAH is the leader of the Movement for Change, Sarawak (MoCS). He can be reached at sirsiah@gmail.com

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