Joint memo to Datuk Seri Nazri

Joint memo to Datuk Seri Nazri

1. JOINT MEMO TO DATUK SERI NAZRI

Our Ref: MPF/MMN/003/06

March,20, 2006

YB Datuk Seri Nazri Aziz
Minister
Prime Minister’s Department
15th Floor, Parliament House
Tower Block
Kuala Lumpur

Assalamualaikum WBT

Dear Yang Berhormat,

JOINT MEMORANDUM TO THE MINISTER IN PRIME MINISTER’S OFFICE, LAW PORTFOLIO, DATUK SERI MOHAMED NAZRI ABDUL AZIZ IN SUPPORT OF HIS STATEMENT IN DEWAN RAKYAT ON 16 MARCH 2006 THAT THE ISLAMIC FAMILY LAW FEDERAL (TERRITORIES) (AMENDMENT) ACT 2006 DOES NOT CONTRADICT HUKUM SYARA’ AND SHOWED NO DISCRIMINATION TO WOMEN.

We jointly support the above said statement by Datuk Seri Nazri Abdul Aziz on the above amendments to the above Act. In addition, we would like to jointly recommend the following actions:-

Malaysians must reaffirm Islam as the official religion of Malaysia. Sensitivities of Muslims must be respected and unwarranted comments on Islam avoided.

  1. We take pride in Malaysia’s multi-racial and multi-religious make-up, the source of our rich cultural heritage. Our harmonious co-existence hinges on mutual respect of different faiths and racial communities.
  2. Some Non-Muslims understandably cannot relate to Muslims’ reverence of the Islamic sacred texts. The current trend of comments by Non-Muslims on Islamic jurisprudence such as Islamic Family Law (Federal Territories), Amendment Act 2006 has caused concern among Muslims.
  3. Offensive and inflammatory criticisms of Islamic sacred texts are unacceptable. We do however; welcome positive dialogue to advance our society’s understanding of Islam.

The media should play a responsible role in interfaith understanding and goodwill.

  1. Media bias undermines journalistic standards and ethics.
  2. Media must acknowledge attempts to correct the distortion and confusion regarding Islam. Printed letters are truncated rendering them ineffective in response.
  3. We ask that the media be more responsible, truthful and fair in its reporting because the media is a very powerful agent of influence
  4. We urge the media to be sensitive and NOT publish articles that are offensive to Muslims. Dissemination of information through media must be within parameters of professionalism not sensationalism.

Statements on Shariah matters should only be made in full recognition that it is a specialised science with its own specific methodology.

  1. Islam is a divinely-revealed religion based on the holy Qur’an which is the literal word of Allah, and the Hadith, which is the meaning of the word of Allah embodied in the sunnah of the Prophet Muhammad (peace be upon him).
  2. Islam is absolute submission to Allah. “I hear and I obey” is the obligation of every Muslim to Allah in matters which are definite and have been clearly prescribed in the Quran and Hadith.
  3. Islamic jurisprudence is Islamic laws derived from the Qur’an and Hadith. Muslim scholars of Islamic jurisprudence were people of deep learning, piety, exalted character and high integrity. Their authority has been recognised and accepted by generations of scholars and Muslims.
  4. Accusations of erosions of fundamental liberties and gender biasness in the interpretation of Islamic law are unfounded.

Appointment of more judges well versed in both substantive and procedural aspects of the Shariah.

  1. Shariah Courts perceived as sluggish, uninspiring and of a different status compared to civil courts. The inefficiency of Shariah Courts is caused by the problems of the courts: burdensome caseloads, excessive trials, insufficient court structures and case handling procedures.
  2. Shariah Court to be upgraded and allocated more resources:
    • More judges and personnel
    • Ample remuneration
    • More court rooms
    • Increased training for Shariah Court personnel in communication: public relations and language skills

Note: Studies have shown that there is no empirical evidence of discrimination against women in the Shariah system.

Thank you.
Yours truly,

Dr Mazeni bin Alwi
Chairman
Muslim Professionals Forum Berhad


2. EXECUTIVE SUMMARY

EXECUTIVE SUMMARY

JOINT MEMORANDUM TO THE MINISTER IN PRIME MINISTER’S OFFICE, LAW PORTFOLIO YB DATUK SERI MOHAMED NAZRI ABDUL AZIZ, IN SUPPORT OF HIS STATEMENT IN DEWAN RAKYAT ON 16 MARCH 2006, THAT THE ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) (AMENDMENT) ACT 2006 DOES NOT CONTRADICT HUKUM SYARA’ AND DOES NOT DISCRIMINATE WOMEN

The Islamic Family Law (Federal Territories) (Amendment) Act 2006 hereinafter called IFLA, became a controversial piece of legislative amendment when views of dissent were instigated by certain women based NGOs and sensationalised by the media.

Various Islamic NGOs took the initiative to study the IFLA in depth in order to address the controversial issues raised. The study noted that IFLA does not contradict Hukum Syara’ and shows no discrimination to women, though admittedly there are grey areas that need to be addressed. The good office of the Attorney General will rectify and amend any provisions where necessary.

Members of the Islamic NGOs consisting of Muslim Professionals Forum Berhad (MPF), Pertubuhan Jama’ah Islah Malaysia (JIM), Angkatan Belia Islam Malaysia (ABIM), Islamic Information and Services Foundation (IIS) and International Muslim Women Union (IMWU – Malaysian Chapter) and Khalifah Institute made a visit on 20 Feb, 2006, to YB Datuk Seri Nazri Aziz, Minister in the Prime Minister’s office, Law Portfolio. The meeting discussed at length several issues, among them, the need to upgrade the Shariah Court, uninformed statements made on Shariah matters, unwarranted statements on Islam and the critical role of media in interfaith understanding and goodwill.

Pursuant to the above meeting, a coalition group of Islamic NGOs is tendering a joint memorandum to YB Datuk Seri Nazri on 20 March 2006 at the lobby of the Parliament House. This joint memorandum is not only to reiterate their support of YB Datuk Seri Nazri’s statement on IFLA but also to put forward several recommendations among others: improving the efficiency of the Shariah court, addressing unwarranted comments on Islam from certain quarters and responsible reporting by the media in interfaith understanding and goodwill.

Attachments

  1. Joint Memorandum
  2. List of NGOs and background information
  3. Press Statement
  4. Press Clippings

PRESS STATEMENT

ISLAMIC NGOs SUPPORT THE STATEMENT IN DEWAN RAKYAT ON 16 MARCH 2006 BY MINISTER IN THE PRIME MINISTER’S DEPARTMENT, LAW PORTFOLIO YB DATUK SERI MOHAMED NAZRI ABDUL AZIZ THAT THE ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) (AMENDMENT) ACT 2006 DOES NOT CONTRADICT HUKUM SYARA’ AND DOES NOT DISCRIMINATE WOMEN

A coalition group of Islamic NGOs supports the Islamic Family Law (Federal Territories) (Amendment) Act 2006, hereinafter called IFLA. On 20 March, 2006, at the Parliament House, this group tendered a joint memorandum to YB Datuk Seri Nazri Aziz, Minister in Prime Minister’s office, Law Portfolio. This joint memorandum serves as a declaration of support for YB Datuk Seri Nazri Aziz statement on IFLA that it does not contradict Hukum Syara’ and does not discriminate women.

The coalition group jointly recommends several actions to be taken such as: to improve the efficiency of the Shariah Courts, to address uninformed statements made on Shariah matters, unwarranted comments on Islam by certain quarters and responsible reporting by the media in interfaith understanding and goodwill. The coalition group agrees that the IFLA contains certain grey areas in some of its clauses which have led to the misunderstanding and misinterpretation of the law. We leave it to the good office of the Attorney General to rectify and amend any grey areas as necessary.

The coalition group was led by the Chairman of Muslim Professionals Forum Bhd (MPF), Dr Mazeni Alwi and a statement based on the joint memorandum was read by Founding Director, Puan Farah Pang Abdullah.

The coalition group deeply appreciates YB Datuk Seri Nazri for giving them the opportunity to personally hand-over the memorandum to him and making time to listen to their views. The group feels confident that YB Datuk Seri will give his utmost support and cooperation for the betterment of the Muslim ‘ummah’.

Attached is the list of Islamic NGOs endorsing the joint memorandum.

For further information, please contact Pn Zainuriah Abdul Rahman at 017-8722968.

Dr Mazeni Alwi
Chairman
Muslim Professionals Forum Berhad


3. LIST OF SIGNATORIES

JOINT MEMORANDUM TO THE MINISTER IN PRIME MINISTER’S OFFICE, LAW PORTFOLIO, YB DATUK SERI MOHAMED NAZRI ABDUL AZIZ IN SUPPORT OF HIS STATEMENT IN DEWAN RAKYAT ON 16 MARCH 2006 THAT THE ISLAMIC FAMILY LAW FEDERAL (TERRITORIES) (AMENDMENT) ACT 2006 DOES NOT CONTRADICT HUKUM SYARA’ AND SHOWED NO DISCRIMINATION TO WOMEN.

LIST OF ISLAMIC NGOs ENDORSING THE JOINT MEMORANDUM

  1. Allied Coordinating Committee of Islamic N.G.O.s (ACCIN)
  2. Angkatan Belia Islam Malaysia (ABIM)
  3. Darul Syifa’
  4. Global Peace Mission Malaysia (GPM)
  5. Grup Pengkaji Tamadun Dunia
  6. Ikatan Pengkajian Islam Pahang
  7. Ikatan Siswazah Muslim Malaysia
  8. International Muslim Women Network (IMAN) (protem)
  9. International Muslim Women Union (Malaysian Chapter)
  10. Islamic Information and Services Foundation (IIS)
  11. Islamic Outreach ABIM (IOA)
  12. Jamaah Islah Malaysia (JIM)
  13. Kelab Pemikir Muda
  14. Kesatuan Pelajar Islam Johor
  15. Kesatuan Pelajar Islam Melaka
  16. Kesatuan Pelajar Islam Perak
  17. Khalifah Institute
  18. Majlis Bertindak Wanita Islam
  19. Muslim Professional Forum Berhad (MPF)
  20. Muslim Women Consultative Council
  21. Pergerakan Belia India Muslim Malaysia(GEPIMA)
  22. Persatuan Al- Hunafa’
  23. Persatuan Al-Hidayah
  24. Persatuan Cina Muslim Malaysia (MACMA)
  25. Persatuan Darul Fitrah Malaysia
  26. Persatuan Guaman Syarie Malaysia (PGSM)
  27. Persatuan Kebajikan Pelajar Islam Sarawak
  28. Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM)
  29. Persatuan Pembimbing Pelajar Islam Kelantan
  30. Persatuan Pembimbing Pelajar Islam Pulau Pinang.
  31. Persatuan Pendidikan Islam Negeri Sembilan
  32. Persatuan Pengguna Islam Malaysia (PPIM)
  33. Persatuan Ulama’ Malaysia (PUM)
  34. Persatuan Wadah Pencerdasan Umat (WADAH)
  35. Persekutuan Pertubuhan India Muslim Malaysia (PERMIM)
  36. Persekutuan Seruan Islam Selangor dan Wilayah Persekutuan (JAM’IYAH)
  37. Pertubuhan Kebajikan An-Nidaa’ Malaysia
  38. Pertubuhan Kebajikan Islam Malaysia (PERKIM)
  39. Pertubuhan Muafakat Sejahtera Masyarakat Malaysia (MUAFAKAT)
  40. Research & Information Centre on Islam (RICOI)
  41. Sekretariat Himpunan Ulama Rantau Asia (SHURA)
  42. Teras Pengupayaan Melayu (TERAS)
  43. Yayasan Pembangunan Ummah (YPU)

4. STATEMENT BY PUAN FARAH HAMZAH, SPOKEPERSON FOR THE DELEGATION

MEETING THE PRESS AT PARLIAMENT HOUSE, MARCH 20 2006

OPENING STATEMENT

  • Thank you once again for being here today. We are here as concerned citizens of 43 Muslim NGOs to share with you some key issues we have on the role of the media. We have 4 major concerns and it is with sincerity that we speak to you in your capacity as responsible media reps in the country.
  • First, I will highlight the 4 issues we want to talk to you, after which you can ask questions. With me are my colleagues who will be happy to engage you in Q & A. after this.

1. Sensitivities of Muslims must be respected · Malaysians must recognize that Islam is the official religion while at the same time take pride in its multi-racial and multi-religious fabric. Our harmonious coexistence hinges firmly on mutual respect of different faiths and culture.

· This value of mutual respect has lately been abandoned when non Muslims openly make unwarranted comments on Islamic jurisprudence such as the Islamic Family Law (FT) Amendment Act 2006.

· Some have also made inflammatory and offensive criticisms of Islamic texts that have provoked Muslims. Let me give you some examples. When a non-Muslim editor of a media said that the hijab is not ‘imperative’ for Muslim women and when another non-Muslim correspondent said that Muslims reacted to the cartoons because of insecurity, it looks like open season for all to take liberties with Islam – and that is certainly a worrying trend.

· We strongly advise non- Muslims to refrain from making any unwarranted and uncalled for remarks about Islam, just as we have observed the same respect for the other religions in Malaysia. We also urge the media not to print any of these articles or statements made by non –Muslims.

· You may say that public discourses are important in an enlightened modern society and that press freedom is important to you, the media. But does press freedom encourage others to tread unkindly on people’s religion? Does press freedom subscribe to blasphemy and sedition?

· Having said that, we are happy to hold dialogues with non- Muslims to advance our society’s understanding of Islam.

2. The need for truthful and balanced reporting by the media

  • We all know that a responsible media is a powerful agent of influence and because of this special role, it must be mindful at all times to publish and air truthful and balanced articles on all issues, especially those that concern religions.
  • Lately we see that the media has been biased in its reporting concerning Islam. It does not validate facts on Islam before print. It sometimes sensationalises articles written by privileged individuals who have a flair for distorting and confusing Islamic issues.
  • When concerned Muslims write in to correct the misconceptions, you will not print our rebuttal and if you do, you truncate the articles rendering them ineffective in response. The latest example concerns relegating Muslim women to the ghetto in apartheid community.
  • When you do that, you undermine your own journalistic standards and ethics. And by extension, you therefore, undermine your important role as an agent of influence.
  • Like us, we know you value religious coexistence. We urge you the media to be sensitive and NOT publish or air articles offensive to mainstream Muslims.

3. Statements on Shariah matters

Statements on Shariah matters should only be made by parties in full recognition that it is a specialized science with its own specific methodology.

As Islam is a divinely revealed religion with its sources of knowledge enshrined in the Holy Quran and the hadiths, any attempt by individuals to misinterpret them to suit their own needs and desires is unacceptable.

· We also observe that the media has been publishing articles and statements that accuse Islamic laws of eroding fundamental liberties and encouraging gender prejudice. Such accusations are unfounded and reflect either ignorance or deliberate avoidance of the truth in the sacred texts.

· These individuals need to respect Islamic jurisprudence which is Islamic laws derived from the sacred texts. Muslim scholars who spent their entire lives studying the texts were people of deep piety and impeccable integrity.

· The media needs to do research to check the content accuracy with the relevant authority before publishing them. We look forward to the day when media self censures articles they know can be offensive to mainstream Muslims. This will be the hallmark of responsible reporting.

4. Upgrading the Shariah Courts

· Shariah courts, being State courts have been perceived as being different from civil courts and have also been seen to be inefficient.

· A recent research recognizes that the inefficiency is caused by heavy caseloads, excessive trials and inadequate court structures and case handling procedures.

· It is imperative that we upgrade the Shariah courts by appointing more judges who are competent in both substantive and procedural aspects of the Shariah. It is also necessary to bring up the status of the Shariah judges to be at par with the civil court judges.

· The Shariah courts also need more resources like funds, personnel, ample remuneration and court rooms. Equally important is the training for Shariah court personnel in communication, public relations and language skills.

· We urge the Government to provide more resources to the Shariah courts in Malaysia to enable them to be more effective and efficient in carrying out their responsibilities.



CONCLUDING REMARK

Thank you for hearing us out and we sincerely ask that you give us correct and fair coverage for this special meeting with you.