Hudud creates two-tier citizenship

Bernama reported yesterday that Perak PAS Youth expressed support for the Sultan of Perak's statement saying Malays who questioned the status of Islam are traitors to their own race.

Nobody's challenging Islam as the religion of the federation, actually. What is causing concern is the Islamisation process where little Iban boys are caned for bringing pork sausages in their lunchbox for school recess and where little Chinese girls are forcibly separated from their caregivers (in the case of Tan Yi Min, her father).

It has been a full month since seven-year-old Yi Min was snatched by her Muslim convert mother Fatimah Foong Abdullah with the help of police and not a single mousy squeak from the chief minister of the state where the Syariah Court order was carried out. But really, what else can one expect bar a cowed silence from the Caliph First-Chinese Last, Lim Guan Eng (left)?

Either DAP can't be bothered about protecting the civil liberties of a Penangite father and daughter, or it pays more heed to the bird in the bush (potential Malay votes) than the bird in hand (Chinese and Indian votes taken for granted).

If it is not a case of DAP being so overawed by its Pakatan partner PAS that it dares not question why the custody of a non-Muslim child was subjected to the jurisdiction of Islamic law, then it must be because the DAP top leadership doesn't wish to jeopardise its traditional support base and thus adroitly sidestepping any discussion of PAS's hudud aspirations.

Although there is an understanding between the Pakatan partners to keep the topic on the backburner, the more honest PAS has elected to be upfront, unlike DAP choosing to screen its silent movie.

By playing both sides of the fence, DAP reveals its lack of firm principles.

When PAS president Abdul Hadi Awang told the Malaysian Insider last week that his party would implement hudud state by state, stage by stage, it was no slip of the tongue. He was being principled.

Look who's inconsistent

From day one of its existence, "the party that belongs to God" (a description ascribed by Mursyidul Am Nik Aziz Nik Mat to PAS last week when commenting on the deputy Prime Ministership for Lim Kit Siang) has been unwaveringly true to its charter seeking the establishment of an Islamic state.

PAS won Terengganu in the 1999 general election. Within days of Hadi's appointment as Menteri Besar, he announced a ban on gambling, entertainment outlets and sale of liquor in the state.

He explained his decision on the basis that "Islamic laws are the highest of all laws. It is our duty after being given a mandate by the people to ensure Islam is above everything else." This was reported on the front page of Star (Dec 2, 1999).

Hadi (left) is consistent.

Whereas on Dec 8, 1999, The Sun reported Lim Guan Eng as urging the Barisan Nasional to use its two-thirds majority to block the PAS governments in the East Coast from implementing Islamic policies. Yet today in a dramatic turnaround, Lim's own state sports an Islamic slogan as its de facto motto, in addition to Penang being modelled after a Caliphate.

Therefore when we compare ‘He Says, She Says' between the public pronouncements made by PAS and DAP, we must remember who it is that has shown inconsistency and is thus less believable.

In the two short years since it tasted power, DAP has bent to expediency in more ways than just the pandering to Islamism.

The Penang DAP-led government had in June last year allowed PDC Heritage Hotel Sdn Bhd to convert the status of its land in Lot 408 (premium real estate adjacent to the E&O Hotel) from leasehold to freehold. This enables the company in collaboration with YTL Corp to build plush condominiums on the land. So much for DAP's socialist ideology when such big developers are entertained.

Islam impacts whole country

It is complacency of the highest order to believe that Islamic law will not impact on non-Muslims. There was the proposal by Hadi within his first week of taking office as Terengganu MB to impose kharaj tax on non-Muslims.

Islamic law can also affect non-Muslims in matters of inheritance when a parent or spouse converts to Islam. If he dies intestate (without leaving a will), his property goes to Baitulmal and the non-Muslim heirs are dispossessed.

Previously, there was a flap when the Chinese nominees who are the elderly parents of converts were unable to collect EPF payouts because the deceased had embraced Islam.

A still simmering hot button issue is the word ‘Allah' and a score of other Muslim terms which Christians are forbidden to use. This embargo is contained in the Islamic laws of the various states.

The issuance of fatwa is a source of exceptional lawmaking which is solely at the discretion of the state Islamic religious council as well as the sultan as head of Islam.

There is no requirement for religious edicts to be tabled in Parliament or in the state legislature for approval. All it requires for a fatwa to become law is that it's gazetted.

A fatwa is not binding on non-Muslims but what if the Chinese Buddhist or Indian Hindu individual is party to the act of lawbreaking committed by a Muslim?

Under Section 19 (2) of the Syariah Criminal Offences (Federal Territories) Act, those found guilty of abetting the sale of alcohol can face a jail term of three years and/or a RM5,000 fine. It is unclear what transpires presently if the bartender or pub owner complicit is a non-Muslim.

Another example is the November 2008 prohibition on yoga by the National Fatwa Council where some of the ‘asana', such as the sun-worship series of movements, are considered syirik. Should religious enforcement officers raid a fitness centre where Malays are enrolled for yoga class, will the business license of the non-Muslim gym operator be at risk?

Section 15 (a) of the Syariah Criminal Offences (Federal Territories) Act stipulates that any person who sells food, drink or cigarette to a Muslim during Ramadan fasting hours for immediate consumption [or in whose shop a Muslim is found openly eating, drinking or smoking] shall be guilty of an offence.

If convicted, the food or cigarette seller or restaurant owner can be fined not more than RM1,000 and jailed not more than six months, or both, for a first-time offender. For repeat offenders, the fine goes up to RM2,000 and the jail term to one year.

On Aug 22, 2010 (during puasa month) popular Malay daily Sinar Harian splashed photos of Muslims caught not fasting. Its full-page article headlined ‘Maksiat di bulan Ramadan' was an exercise by the paper's snoop squad in naming and shaming the culprits.

The man in the Sinar Harian front page photo (right) is seen carrying three Styrofoam boxes of takeaway lunch. In one of the misdemeanours detailed by the paper, the food purchaser claimed that he was a non-Muslim. It's quite possible that a Chinese or Indian food vendor can unwittingly serve a Muslim customer.

2M'sia: Dhimmi & ummah

It seems unfair that should hudud be implemented (note that hudud is already enacted in Kelantan and Terengganu, only that it has not been enforced as far as the public is aware), Muslims are subjected to severe punishment like stoning and amputation of limbs whereas non-Muslims get off with lighter sentences for the same crime.

This development entails Malaysians being treated as two separate classes of citizens.

On account of the disparity, some liberals object to hudud in a multi-religious country like ours. However, the fundamentalists would argue that for the sake of fairness or equality, non-Muslims must be subjected to the same harsh punishment through an amendment to the penal code.

There have been forums on how to streamline our civil and Islamic laws, in the event of which the discrepancy might be resolved.

Section 9 of the Syariah Criminal Offences Enactment of Johor, Article 9 of the Syariah Criminal Offences (Federal Territories) Act 1997, and equivalent provisions in the Syariah law of the other states centre on "contempt and defiance of religious authorities".

DAP Serdang MP Teo Nie Ching is one example of a non-Muslim who was not defiant but instead willingly subjected herself to the dictates of the Selangor religious authorities. The state Islamic department had banned her from further visiting mosques and suraus. She has obviously obeyed the injunction as we do not hear of her surau-hopping fetish anymore.

Here is DAP showing ‘Kepimpinan melalui Teladan' that it will be the first to kowtow to Islamic authority. Do bear in mind that Teo is a young and first-time MP, so her compliance with the Selangor Islamic department's prohibition was in reality DAP capitulating as a collective. She acted under the advice of her party elders.

All pray and sing ‘Peace'

The usual reaction to non-Muslims getting slapped around is for the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) to pray, to plead, to preach Kumbaya and to turn the other cheek.

On Saturday, MCCBCHST whimpered that "five people have had their family lives totally disrupted when their children were converted to Islam without their knowledge or consent by a disgruntled spouse".

Slap! (in the case of Indira Gandhi) non-Muslims turn the other cheek; Slap! (Shamala) turn the right cheek now; Slap! (Genga Devi) turn the left cheek this time; Slap! (Nedunchelian) yes, yes, trying to turn again but head is spinning already; Slap! (Tan Cheow Hong) see stars yet?

The five parents I've cited above are named by MCCBCHST in its Dec 4 statement titled ‘Our family lives are no longer secure'. Council president Rev Thomas Philips (left), who signed off the MCCBCHST statement, said they will turn to God and asked that Malaysians all do likewise - pray for succour.

Earlier when the Kong Kali Kong ustaz controversy resurfaced, Rev Philips had commented, "... it's been going on for some time now... and we can't be dealing with every small matter like this that comes up".

It is the ‘small' matters like the Siti Inshah religious bigotry in the Johor school, the Ungku Aznan religious bigotry in the Kedah school, the Shah Kirit (an Indian convert pendakwah or proselytiser) insult against Hinduism and other bullying that are the jigsaw pieces to the bigger picture of Islamic supremism.

The little girl Tan Yi Min snatched in Penang is not a Muslim. Who can still believe Islamic law is only for Muslims and has no bearing on the rest of the population?

HELEN ANG used to be a journalist. In future, she would like to be a practising cartoonist. But for the present, she is in the NGO circles and settling down to more serious writing and reading of social issues.