MPF PRESS RELEASE
Shariah Enactments Tramples Civil Liberties with Impunity?

The Muslim Professionals Forum (MPF) views it preposterous the accusation that the Shariah enactment “tramples civil liberties with impunity”, which was also the title in a regular column in an English broadsheet recently. The writer cited specifically articles 5 and 10 of the Federal Constitution as being violated by the Shariah enactments. However, the use of heavy jargon borrowed from the human rights discourse could hardly hide the writer’s fundamental ignorance of the limited scope of the Shariah enactment as provided for in the Federal Constitution.

The substance of article 5 in the Federal Constitution is about the unlawfulness of detention without trial and the right to a legal counsel, that no person shall be deprived of his life and liberty save in accordance with the law. With reference to the Shariah, “… in the case of an arrest for an offence which is triable by a Shariah court, references in this clause to magistrate shall be construed as including references to a judge of a Shariah court.”

Article 10 refers to the right of every citizen to freedom of speech and expression, the right of assemble peacably and without arms, and the right to form associations, while the parliament may by law impose restrictions in these areas in the interest of security.

In neither of these areas of fundamental human rights which have been universally recognized and accepted worldwide, do the state religious bodies empowered to formulate the Shariah enactments have any jurisdiction.

We are equally concerned that some aspects of Shariah enforcement do infringe on the privacy of citizens or may not have been conducted in a professional manner, and we accept that these enactments should be subject to review. But in no way should this be a justification for a blanket attack on the Shariah under the false premise of trampling of fundamental liberties as stipulated in articles 5 and 10.

The Shariah is the epitome of the Islamic spirit, the very manifestation of the Islamic way of life based on an unqualified submission to the will of God. “For each We have appointed a divine law and a traced out way. Had Allah willed He could have made you one community. But that He may try you by that which He as given you” ( Al-Quran; V:48 ).

Muslims have a right to be governed by the Shariah and we reiterate that this concerns only Muslims. In practice, our co-religionists have always been able to exercise the right to opt for the westernised lifestyle without regard for Shariah “with impunity”. We have always respected the lifestyle choices of our fellow Muslims. The least we ask of them is to reciprocate this respect and not to denigrate Islam and the Shariah.

Dr. Sarah Haniza bte Dato Abdul Ghani
Board Member
Muslim Professionals Forum
Suite 1810, 18th Floor, Plaza Permata (IGB Plaza)
Jalan Kampar, off Jalan Tun Razak
50400 Kuala Lumpur
Tel : 03-40426102
Website : http://mpf.org.my