JAIS leaves a nasty taste in the mouth

Ultimately, we have to blame Dr Mahathir, for he was the one who gave the Syariah and civil law systems equal status.

COMMENT

By Su-Yin Tan

Once again JAIS has struck a nerve, this time by senselessly raiding a Hindu wedding in progress and taking away the bride for questioning on her religious status. Once again, non-Muslims are left bristling with anger as JAIS uses its heavy-handed tactics to harass non-Muslims, all in the name of preserving the integrity of Islam.

While we are understandably livid at this state of affairs, we must bear in mind it is not JAIS alone that is at fault here. Let’s not forget to spare some of our resentment for Tun Dr Mahathir Mohamad, who in a moment of great tyrannical madness during his reign as prime minister elevated the status of the Syariah court to be on par with that of the civil court, thereby opening the floodgates for religious nonsense of every kind to flourish.

This coexistence of two legal systems within one country makes for a perfect case study of legal ambiguity of the worst kind.

Far from being the visionary that his admirers tout him as, Dr Mahathir has plunged us into a bottomless pit of deep and lasting confusion where egos get in the way of maintaining law and order.

With the two opposing systems of law at work, shouldn’t Anwar Ibrahim have been tried for sodomy in the Sharia court? After all, both he and his alleged victim are Muslims. Or was the decision to take him to civil court the right one? Which court in the end has power over matters concerning Islam and Muslims?

We also have to deal with unsavoury public statements like that of a Malay judge who said he would, as a Muslim, rule in a court of law (civil court, at that!) according to his Islamic beliefs. Say what? This admission totally disqualifies him as a fair judge since he has made it clear as day that religious tenets and not rule of law will be his guide.

In the meantime, dead bodies are snatched from mortuaries, brides are carted away for questioning, children are kidnapped in broad daylight and even Bibles are grabbed and taken to undisclosed locations where they have most likely met their fiery end.

Our politicians are blue in the face arguing this way and that with no clear end in sight. Selangor Menteri Besar Tan Sri Khalid Ibrahim chides JAIS that his state government must be informed first of raids of any kind before these are carried out. Ironically Dr Mahathir, of all people, dares to venture out and wave a disapproving finger at JAIS, saying it needs to refer to the Quran on how to handle raids instead of following the interpretations of a few.

So much noise, but all falling on deaf ears, for the deaf in JAIS are still going about their business, justifying their every action with meaningless gibberish despite brickbats from politicians, human rights groups, lawyers and the general public. After all, they have every right too.

So much ambiguity exists in our legal systems that just about any act, no matter how despicable, can be carried out freely and confidently with the perpetrators having full knowledge, no matter how murky that knowledge may be, that they have the law on their side.

The public, as always, is left with the wrong end of the stick because that’s what legal ambiguity leaves you with – soiled fingers and a nasty taste in your mouth.

Su-Ying Tan is a FMT columnist who takes a moderate view on politics and wishes only that level heads prevail in all matters concerning the political, social and economical wellbeing of the country.