Acting with common decency

So the government will soon bring in a regulation to compel all would-be converts to Islam to show written evidence that they have informed their family of their intention to convert.

In the wake of the ‘body snatching’ episodes that have caused so much unpleasantness, introducing such a regulation seems a sensible move as far as it goes, even if not very far.

For a start, the perceived need to introduce such a regulation is in itself a sad commentary on people so lacking in common decency that it has to be enforced by regulation. It rather demeans the conversion, which presupposes a moral awakening on the part of the person seeking conversion.

Of course we must not generalise. Every case is different. Take the most recent case of incapacitated stroke victim Gan Eng Gor, 74, of Seremban. He was a Buddhist all his life, according to his wife and all but one of his eight children. The one who differed is a Muslim convert who claimed that his father had converted to Islam before he died.

From the description of Gan’s physical condition, he obviously could not have signed a declaration about his intention to convert even if this new regulation had been in place. In any event, if a statement were produced, it would have been looked upon as suspect.

Strangely, his case was referred to the Syariah high court, thus signalling a presumption that his religious status was no longer in question. When the seven non-Muslim children sought an injunction from the civil high court to stop the religious council from taking the body away for burial, the civil court inexplicably abdicated jurisdiction, even though it is considered to be superior to the Syariah court.

One person who holds this view is lawyer Zaid Ibrahim who contended in an article in TheSun on March 27 last year, that the Syariah Court “is an inferior court” to the civil court. By “inferior” he of course meant that it is subordinate.

To stop any re-enactment of ‘body snatching’ episodes, the government must do much more than enforce a regulation to get converts to make a prior declaration. It must resolve the controversy over the respective areas of jurisdiction between the civil and Syariah court, and do so through an in-depth discussion among the legal fraternity and the public.

Given the multi-racial and multi-religious composition of Malaysian society, there is a political decision to be made as well: is it more important to give a person, whose religious status is still hotly contested, a Muslim burial even at the risk of causing anger, ill-feeling and disharmony; or would it be more sensible to release the body to the dead person’s family for burial?

Gan was forcibly given a Muslim burial in very controversial and unhappy circumstances. Will this regulation to enforce disclosure of conversion put fiascos over dead bodies behind us for good? I seriously doubt it will, if the Muslim authorities continue to take a hard line on the burial issue.

Humane stand

Muslim scholars elsewhere in the world may dispute that a Muslim burial is an absolute must for Muslims.

In Sabah, the Islamic Council appears to take a more accommodating and humane stand on the matter. There have been thousands of conversions in the state, but there has not been the kind of ‘body snatching’ incidents as in the peninsula. It is common knowledge, however, that some converts who died were buried by their kin without involving the council. A few had reverted to their old faith before they died and were buried without the kind of tussle over corpses that creates such a bizarre spectacle in the peninsula.

I must hasten to add that it is not the intention here to cast aspersions on those who convert because they have found faith in the religion or in order to marry a Muslim.

In any case, such converts are unlikely to conceal their conversion from family members, except perhaps those who convert furtively to seek refuge in the Syariah law that permits polygamy.

It is the doubtful cases that have been at the centre of the ‘body snatching’ furore so far. But one could postulate, of course, that it is possible that some claimants to the estate of the deceased would use conversion to Islam as a strategy to get the upper hand in a dispute with family members, a strategy reinforced by recent cases of the Syariah courts being allowed to prevail over the civil courts through capitulation by the latter. In the few instances when the civil high courts had an encounter with the Syariah high courts, the former seemed to abdicate jurisdiction readily.

Recently someone threw another spin on the burial controversy. He said some old folks without a family or who are estranged from the family may decide to convert to Islam as a form of security. By converting they can at least be sure of a decent burial when they die.

I suppose this makes sense for those who can’t look to anyone in their old age, or have lost faith in their families, a fate which they themselves may have brought upon themselves earlier in life.

Here is another spin. Now that the government is bringing in a ruling to require converts to Islam to keep their families informed, society should take the cue to apply the principle of this seemingly caring gesture more generally to include the culture of writing a will and noting down important information for the wife/husband and children. There is no age consideration in this thoughtful practice. Many people do die young and sometimes leave behind an estate in dispute, taking some vital information to the grave.

Fix larger malaise

The government’s proposed rule to compel disclosure should not stop at that. The act of forcibly taking away dead bodies from grieving families is only a small part, albeit a repugnant part, of a much larger malaise caused by hordes of government-paid zealots.

These are the enforcement officers of the religious councils who prowl the streets, parks and other public places, and who make it their business to stop or even arrest courting couples for so much as holding hands! I have heard stories that some of these zealots even turn up at hotels to make a nuisance of themselves to foreign tourists.

So, while the prime minister is at it, he might as well take a good look at the antics of these ‘guardians of public morality and put them on a leash - a short one - to make sure they do not get carried away.

Then there are the Rela personnel to watch as well. Seemingly into everything, they too have incurred the ire of the public.

All told, these enforcement personnel probably contributed a substantial part of the reasons for the decline of the Barisan Nasional. In the post-election atmosphere of humility and sincerity, the government would do well to make up a list of all the things that it needs to put right.

The very enlightened idea of telling family members about one’s conversion to Islam has cast an unexpected spotlight on the intellect and moral integrity of some leaders as well.

I am referring in particular to Kelantan Menteri Besar Nik Abdul Aziz Nik Mat’s statement that he does not think it necessary for non-Muslims to inform their family of their wish to embrace Islam, but if the family had to be informed, they should only be told after the conversion. His reason is that the requirement could hinder their conversion.

In other words, he advises those who wish to convert to Islam to be sneaky, and to surprise family members with a fait accompli. Coming from a political and spiritual leader who pontificates on morality, it is little wonder that this nation seems confused and somewhat maladjusted.

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STAN YEE is a retired government officer.