PETALING JAYA: Lawyer Rosli Dahlan today took the Malaysian Muslim Lawyers Association president Zainul Rijal to task over his claim that pluralism and liberalism are “jenayah pemikiran” or “thought crimes” punishable in both shariah and civil courts.
Calling the statement reckless, Rosli said there was nothing in any of the provisions cited by Zainul to support his allegation.
“Neither the Syariah Criminal Offences (Federal Territories) Act 1997, the Syariah Criminal Offences (Selangor) Enactment 1995 nor their equivalent in all other state shariah enactments list ‘pluralism’ or ‘liberalism’ as a crime per se,” he told FMT.
“Zainul’s reliance on Sections 5, 7, 13 and 14 of the Syariah Criminal Offences (Selangor) Enactment 1995 as basis for his statement is misleading.”
Rosli acknowledged the case of Muslim NGO Sisters in Islam (SIS), which is seeking to challenge a fatwa issued by the Selangor religious authorities four years ago accusing it of subscribing to liberalism and religious pluralism.
Noting that the case was still pending before the High Court, he said the prosecution against SIS was for the alleged breach of the fatwa, not for pluralism or liberalism.
“The fatwa in question is being challenged for being in contravention of, among others, Articles 10 and 11 of the Federal Constitution which provide for freedom of speech and freedom of religion.
“It is not appropriate to cite that case as being a case on ‘pluralism’ or ‘liberalism’.”
Rosli said the Rukun Negara, gazetted as national policy on Aug 31, 1970, recognised Malaysia as a plural society which must ensure “a liberal approach to our rich and diverse cultural traditions”.
“Freedom of speech, expression and belief are fundamental rights guaranteed by Articles 10 and 11 of the Federal Constitution.
“Shariah and Malay intellectuals should refrain from making sensational statements that do not represent the correct law, that may unnecessarily alarm society and paint a negative image of Islam.” -FMT
Bravo lawyer Rosli.
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