In response to the letter Syariah should be open to review and wish to state that I disagree with the writer on several points.

First, I agree that the Federal Constitution applies to all Malaysian, whether Muslim or non-Muslim and certain provisions even apply to foreigners as well. However, it must be noted how the provisions of the Federal Constitution put Islam at special positions particularly with the insertion of Article 3, 11(4), 12(2), 160(2) and the Fourth Schedule.

Secondly, the Syariah is not the result of human interpretation of the Quran and the Hadith. Syariah is a set of laws or principles bestowed by God. The 'fiqh' and 'ijtihad', however, are the results of scholars' deduction from the Quran and the Hadith.

For example, the performing of prayers five times daily or the giving of alms (zakat) are part of the Syariah. Similarly, the prohibition of usury (riba) and punishment for committing adultery are part of the Syariah. Therefore, there is no justification for us to review these provisions of the Syariah.

However, the Syariah can be interpreted or reviewed if it falls under 'fiqh'. Fiqh, as defined by Imam Al-Ghazali r.a includes matters which relate to the conduct and action of a Muslim mukallaf. Therefore 'fiqh' is adaptable and open to review by way of 'ijtihad' depending on changes in time and situations.

For example, while performing daily prayers are mandatory, a sick person may perform the prayers differently when compared to a healthy person. This falls under the classification of 'fiqh' under the rule of 'rukhsah', which is open to changes.

It is a misleading of the writer to say that the 'ijtihad' has been virtually forbidden for over 500 years. In a famous 'hadith', when the Prophet Muhammad (Pbuh) sent Muaz Jabal to be a 'kadhi', he asked him on how he would decide the case.

Muaz told the Prophet that he would give judgment based on the Quran and if there was no guideline there, then he would follow the 'hadith'. If the principles and guidelines still could not be found in both, he would use 'ijtihad' based on the principles of the Quran and the 'hadith'.

This clearly shows the approval of the Prophet for any person to undertake 'ijtihad'. One needs only to ask whether he has attained the prerequisite qualifications for performing an 'ijtihad', Just as it is dangerous for the unqualified to prescribe medicines, it is unwise for the unqualified to undertake an 'ijthad'.

There are great differences between the Syariah and man-made laws. The Syariah was revealed by God to human beings while man-made laws are purely based on human reasoning. The object of the Syariah is not only worldly matters but also includes hereafter unlike man-made laws which only serve a worldly purpose.

Those who believe in Syariah expect rewards in hereafter unlike man-made laws which do not entail any reward at all. The Syariah encompasses holistic purification and deterrent in terms of morality and punishment unlike man-made laws which only concern positivism.

Therefore, one must do justice to the Syariah by fully appreciating its nature and substance before condemning it.