Category Archives: Press Releases

ISA Arrests 4th Press Release

MPF 4TH PRESS RELEASE – ISA ARRESTS
8th November 2008

The Muslim Professionals Forum ( MPF ) applauds the decisions handed down at the Shah Alam High Court and Kuala Lumpur Sessions court on 7th November, 2008.

In ordering the release of ISA detainee, blogger Raja Petra Kamaruddin, judge Syed Ahmad Helmy Syed Ahmad has shown great wisdom and fairness as has judge Komathy Suppiah in denying the prosecution’s request for the case of Dato’ Seri Anwar Ibrahim to be transferred to the High Court. We similarly echo the sentiments of the defense counsel in the former case, when he said that this was a “ historic ruling and profound moment for civil liberties in this country.”

The ISA is an archaic piece of legislation and the time has come for its natural demise. The Muslim Professionals Forum very strongly calls for the immediate repeal of this draconian relic and the prompt judicial review of all ISA detainees. We urge the government to take the bold step of doing what is right and just. Justice and fairness are principles enshrined in Islam, and it is incumbent upon every Muslim to uphold these values, elevating them to their sublime pedestal.

The decisions in our courts yesterday augurs well for our judiciary, which has been the brunt of many criticisms lately. These judges are beacons that shine through the winds of change, a gust that has blown across the globe. Resistance to such would only rank amongst the most futile of actions. We have but two options, to embrace this change that is upon us, or be left amongst the outcast nations of the world.

Board of Directors

Muslim Professionals Forum

Dr. Mazeni Alwi
Dr. Shaikh Johari Bux
Haji Mohamed Ali Ghazali
Dato’ Dr. Musa Mohd. Nordin

ISA Arrests 3rd Press Release

MPF 3ND PRESS RELEASE – ISA ARRESTS
The Qur’an guarantees Freedom of Expression, so Free Raja Petra and all ISA detainees
25th September 2008

We read the statement issued by the Home Minister concerning the detention of Raja Petra Kamaruddin under the dreaded and inhumane Internal Security Act (ISA) with skepticism. According to the Home Minister, Raja Petra was detained because his articles ridiculed Islam. One is now left to wonder whether Islam itself allows such detention without trial in order to protect its sanctity from being ridiculed by people, the likes of Raja Petra.

We would like to stress the fact that there is ample evidence in the Qur’an which guarantees freedom of expression (hurriyat ar-ra’iy) that is generally accepted as a subset of freedom of speech (hurriyat al-qaul). Individuals should be able to accept or reject a particular faith or dogma on the basis of personal conviction, and that no amount of external pressure or compulsion should be permitted. The cardinal Qur’anic doctrine is that: “There shall be no coercion in matters of faith” [2:256]

Every single person has the right, guaranteed by the Qur’an, to freely follow and express his convictions, irrespective of whether he is right or wrong. By emphasizing people’s right to follow their conviction, the Qur’an reiterates a long standing position, which it traces back to one of the earliest known Prophets, Noah: “Said [Noah]: O my people! What do you think? If [it be true that] I am taking my stand on a clear evidence from my Sustainer, who has vouched safe unto me grace from himself – [a revelation] to which you have remained blind-: [if this be true] can we force it on you even though it be hateful to you?”[11:28]

The message of freedom of belief and conviction, and the call to religious tolerance is reiterated time and again through various Prophets, as it is quite apparent in the message of Prophet Shu’ayb to his people: “And if there be some among you who have come to believe in the message which I bear, while the others do not believe, then have patience in adversity till God shall judge between us [and them]: for He is the best of all judges!” [7:87]

Not only does the Qur’an recognise the individual’s right to freedom of conviction, but it also recognises his/her moral freedom to act on the basis of their conviction: “Say: O my [truth-denying] people! Do ye all that may be within your power, [whereas] I, behold, shall labour [in God’s way]: in time you will come to know who it is that shall be visited [in this world] by suffering which will cover him with ignominy, and upon whom long-lasting suffering shall alight [in the life to come]!” [39: 39-40].

Indeed, one cannot find in the Qur’an any support for the internment or incarceration for those who opted to follow their conscience, even though their convictions might be contrary to the mainstream idea, or even up to the level of “heretical” in nature. Using Islam as a “tool” to justify detention without trial is anathema to the basic principles of “adl” (just) and “ihsan” (benevolence) that formed the foundation of Islamic jurisprudence. Such cowardly act of invoking ISA every time when there were dissenting views against the authoritarian government and their despotic ulama’ will not augur well for the future of free and democratic Malaysia.

One is then left to speculate whether such actions were in reality meant to maintain the political hegemony of the ruling elite and that we are actually gravitating towards the creation of a police state instead.

If one were to look back into history, the reason the Islamic world flourished during the earlier period was an early emphasis on “freedom of speech”, as summarized by al-Hasyimi (a cousin of Caliph al-Ma’mun) in the following letter to one of the religious opponents he was attempting to convert through reason:

“Bring forward all the arguments you wish and say whatever you please and speak your mind freely. Now that you are safe and free to say whatever you please, appoint some arbitrator who will impartially judge between us and lean only towards the truth and be free from the slyness of passion and that arbitrator shall be Reason, whereby God makes us responsible for our own rewards and punishments. Herein I have dealt justly with you and have given you full security and am ready to accept whatever decision Reason may give for me or against me. For “There shall be no coercion in matters of faith” [2: 256] and I have only invited you to accept our faith willingly and of your own accord and have pointed out the hideousness of your present belief. Peace be with you and the blessings of God!”

We, from Muslim Professionals Forum, believe that this is the recourse that should be taken by the government in handling issues pertaining to Raja Petra in particular. By resorting to intellectual discourse, any differences in opinions or interpretations could be ironed out in a civilized manner. We therefore call upon the Prime Minister of Malaysia, to release Raja Petra unconditionally, and all the other ISA detainees for that matter. We also call upon the Prime Minister to abolish this draconian Act that clearly violates the basic human rights that were enshrined in the Qur’an ever since.

Dr Farouk Musa
Dr Sheik Johari Bux
Dr Jeffrey Hassan
Dr Musa Nordin
Dr Mazeni Alwi
Haji Ali Ghazali
Muslim Professionals Forum (MPF)

ISA Arrests 2nd Press Release

MPF 2ND PRESS RELEASE – ISA ARRESTS
20th September 2008

The Muslim Professionals Forum (MPF) welcomes the release of MP Theresa Kok from ISA detention. However the unrestrained chorus of thinly veiled threats to invoke the ISA by a cohort of political leaders that include members of the cabinet is a very disturbing development.

It is not difficult for the ordinary citizens to see this as a deliberate, if not orchestrated attempt to cast a climate of fear and intimidation in the Malaysian political ambience.

That such a development continues despite the resignation of senator Zaid Ibrahim as de facto law minister, open disagreement of UMNO’s major allies in Barisan Nasional and widespread criticisms from civil society groups gives credence to the long held belief that the ISA is an indispensable tool to be wielded by the executive whenever its cling to power is under threat, hence the reluctance to repeal it.

It is unfortunate that UMNO with its illustrious history in the struggle for independence and nation building is today reduced, in the eyes of the rakyat, to a cornered beast.

We urge leaders of the ruling party, especially members of the cabinet to act more responsibly in carrying out the mandate to govern the country.

As has been repeatedly pointed out by many, the ISA is a gross violation of fundamental human rights, anti-democratic and inimical to the principles of justice in Islam.

Board of Directors
Muslim Professionals Forum

Dr. Mazeni Alwi
Dr. Shaikh Johari Bux
Haji Mohamed Ali Ghazali
Dato’ Dr. Musa Mohd. Nordin

ISA Arrests

MPF PRESS RELEASE – ISA ARRESTS
13th September 2008

The arrests of MP Theresa Kok and journalist Tan Hoon Cheng under the ISA following that of blogger Raja Petra Kamarudin raise grave concern for Malaysians.

An endearing legacy of Abdullah Ahmad Badawi’s leadership that we have come to appreciate is the openness albeit limited, that has come as a breath of fresh air after 2 decades of punitive control of the public sphere.

The arrests of the three individuals under the draconian law at a time when Malaysians have become more mature politically and less inclined to be baited by racial politics will no doubt further erode the legitimacy of and support for the ruling party, perhaps irrevocably.

Of no less import will be the repercussions to Malaysia’s reputation internationally, that time and again the ruling party resorts to an unjust and antiquated piece of legislation to silence dissent in order to sustain her cling to power.

It is clear to all that the arrests of MP Theresa Kok and journalist Tan Hoon Cheng are completely without justification. Tan was merely doing her job as a journalist and UMNO has undertaken the appropriate measures, including an apology from its deputy president. In the “Puchong Azan Issue”, MP Theresa Kok was arrested over what is clearly a false allegation. We urge the authorities to immediately release the two and bring to book those responsible for fomenting racial and religious hatred.

It cannot be completely denied that Raja Petra Kamarudin in his writings and those who contribute to his blog have expressed views that many Muslims consider as denigrating the prophet and the religion of Islam. However we believe this can be countered by sound arguments based on well accepted teachings and sources of Islam. In the extreme, the authorities may take him to the Syariah court. The use of the ISA is excessive, inhumane and runs counter to Islam’s principles of justice.

In this blessed month of Ramadhan, we urge the authorities to act justly in carrying out their responsibility of maintaining the peace and security of the country. We also urge everyone in the public sphere to exercise restraint and wisdom in discussing issues of race and religion.

Board of Directors
Muslim Professionals Forum

Dr. Mazeni Alwi
Dr. Shaikh Johari Bux
Haji Mohamed Ali Ghazali
Dato’ Dr. Musa Mohd. Nordin

Bar Council forum on conversion to Islam

MPF PRESS RELEASE
12th August 2008

MPF regrets the unruly action of protestors that forced an abrupt end to the Bar Council forum on conversion to Islam on 9th August 2008. We acknowledge that as a nation with two justice systems as accorded by the Federal Constitution, there would be outstanding issues that remain unresolved, one of them being the subject of the Saturday forum.

It is quite understandable that when a divorce case between a Muslim and a non Muslim spouse is brought to the Syariah Court, the non Muslim would see this as an infringement of Islamic law against their rights. This may be due to a number of factors, among which are lack of knowledge and misconceptions of Islam and Islamic law based on precedent cases. It would not be inconceivable that there would be some degree of animosity and prejudice that the religion has directly or indirectly contributed to the dissolution of their marriage.

As much as we hold that the Syariah is an indivisible part of Islam, the functioning of the Syariah courts and the intricacies of specific enactments are human endeavours that will always have room for improvement.

The recommendation by a former SUHAKAM Commissioner, Dr. Mehrun Siraj that the Syariah court should not unilaterally make any decisions that might affect the rights of non Muslims, is a sound initiative towards resolving the issue and should be seriously considered by all states.

The Saturday incident, similar to the disruption of Article 11 Forum not long ago, showed that Islam and the administration of Islamic Law in this country is still very much a sensitive issue, one that touches many a Muslim across party lines. However, from the viewpoint of non Muslim rights on these outstanding issues and freedom of expression, there is a valid reason for holding such a public forum, with the possible consequences taken into consideration.

Meanwhile, we urge the government to reactivate the joint committee of civil and Syariah lawyers which had been tasked to discuss matters relating to marriage and family issues, to work towards an amicable solution.

Dr. Mazeni Alwi

Chairman

Muslim Professionals Forum

Lina Joy Case

15th May 2007

MPF PRESS RELEASE : Lina Joy Case

31st May 2007

It is with a sense of relief that we learned of the long-awaited Federal Court decision on the Azalina Jailani (Lina Joy) case. We would like to congratulate the judges who have exercised their wisdom and courage to come to a decision on such a controversial issue under the intense glare of the international and local media, alongside that of interested observers from across the spectrum of human rights and religious organizations.

We laud the Federal Court’s decision – upholding that of the Court of Appeal and the High Court – that the jurisdiction to change the religious status of a Muslim properly belongs to the Shariah Court.

For many of us this is clearly an issue of administrative procedure. However this has unfortunately been championed into a cause célèbre for the complete secularization of Malaysian society and to undermine the position of Islam in this country by turning it into a Human Rights issue – that of religious freedom under Article 11, in its wake generating unhealthy tensions between Muslims and non-Muslims.

For Muslims to feel euphoric that Islam has finally triumphed is also misplaced. This is not a battle between Islam and the rest. It is simply restoring things in their right place, of respecting the separate jurisdictions of the Shariah and Civil courts in accordance to Article 121(1a), and of adhering to procedures.

In our enthusiasm to champion religious freedom, let us not turn our backs on these mechanisms and institutions that have held together our complex society and the source of our much praised religious harmony.

Dr. Mazeni Alwi
Chairman
Muslim Professionals Forum

International Conference: “Muslim Women in the Midst of Change”

15th May 2007

MPF PRESS RELEASE : INTERNATIONAL CONFERENCE “MUSLIM WOMEN IN THE MIDST OF CHANGE”

Introduction
The status, role and real world situation of Muslim women have occupied a central position in present discussions on Islam and the modern world. This alongside the much questioned capability of Muslims to deal with democratic values and modern day ideas on human rights.

This perception arose because of the actual condition of women in Muslim societies that was contributed largely by local traditions and practices and not due to Islam itself. This however is ill understood by historians, sociologists, feminists, both Muslims and non-Muslims, conscious or unconsciously.

Nonetheless, it has to be recognized that the Islamic position and specific teachings with regards to gender equity, the institution of the family, personal and social behavioural mores do not accord with secular liberalism’s notion of gender equality and individual liberty.

The Muslim Professionals Forum (MPF) as a Muslim NGO that concerns itself with issues relevant to Islam and Muslims in the wider world and also within the context of modern, pluralistic Malaysian society, endeavours to address these issues by organizing an international conference on 1 – 2 September 2007 at the Kuala Lumpur Convention Centre (KLCC), Kuala Lumpur.

The theme of the conference is “MUSLIM WOMEN IN THE MIDST OF CHANGE” and the objectives are as follows :-

  1. To understand the history and evolution of feminist “traditions” within Islam.
  2. To discuss Muslim gender roles from the Quran and Sunnah.
  3. To examine the injustices against women in Muslim societies and recommend solutions.

Participants
This seminar is open to the general public although we expect our audience to consist mainly of young professionals, women’s organizations, representatives from NGO’s, academics and representatives from the various Islamic and governmental institutions in Malaysia. Efforts would be made to attract participants from the Asia-Pacific region.

Contents of the Seminar
The two (2) day seminar will open with a keynote address by the Minister of Women, Family & Community Development, Y.Bhg. Dato’ Shahrizat Abdul Jalil. There are three (3) plenary lectures and nine (9) workshop sessions.

The plenary lectures will address the general contours and intellectual background of the particular topic, drawing from modern scholarly works, traditional sources and the experiences of modernizing Muslim societies. The titles of the plenary lectures are :

  1. Feminist Thinking Revisited
  2. Islam & Gender
  3. Muslim Women at the Cross Roads – Cultural & Traditional Values vs Religious Imperatives

The speakers assigned for these lectures are distinguished scholars and professionals whose contribution to the field has been internationally recognized.

The workshops and breakout sessions will give the opportunity for participants to discuss and exchange ideas on specific topics, the focus of which will be weaknesses in Muslim society with regards to interpretation of Islamic teachings, the influence of local traditions and cultures, short comings of the Islamic administration/institution that hampered Muslim women from achieving their full potential.

The workshop facilitators who will be guiding the discussions are Malaysian NGO leaders known for their activism and advocacy with regards to Muslim women issues in the local context whereas the international speakers will be the workshop resource persons.

List of international speakers and facilitators

  1. Heba Rauf (Egypt)
  2. Dr. Haitham Khayat (Egypt)
  3. Dr. Sulaiman Dufford (USA)
  4. Assoc. Prof. Harlina Siraj (UKM)
  5. Assoc. Prof. Zaleha (UIA)
  6. Dr. Kamar Ainiah (Lawyer)
  7. Zainah Anwar (SIS)
  8. Roselainy Abdul Rahman (UTM)
  9. Kamaliah Noordin (JIM)
  10. Other speakers To Be Confirmed

The last session of the seminar will be in the form of an open forum where the invited speakers and participants will have the opportunity to express ideas on issues raised in the course of the seminar.

Conclusion
It is hoped that this seminar will raise the level of awareness on this major issue of Islam and society, as well as perhaps offering some solution from this new insight especially for policy makers and government institutions. Putting together an international seminar on this scale is a huge organizational burden. The formal support and financial grant from the Ministry of Women, Family and Community Development will go a long way towards ensuring the success of the conference.

INTERNATIONAL CONFERENCE : FIRST ANNOUNCEMENT

” MUSLIM WOMEN IN THE MIDST OF CHANGE ”

DATE : 1-2 SEPTEMBER 2007
VENUE : KUALA LUMPUR CONVENTION CENTER

OBJECTIVES:

  1. To understand the history and evolution of feminist “traditions” within Islam.
  2. To discuss Muslim gender roles from the Quran and Sunnah.
  3. To examine the injustices against women in Muslim societies and recommend solutions.

Muslim Women in the Midst of Change Flyer/Programme

Shariah Enactments Tramples Civil Liberties with Impunity?

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

Enactment 2005 Malacca – show goodness and mercy

MPF PRESS RELEASE
Enactment 2005 Malacca – show goodness and mercy

We at the Muslim Professionals Forum ( MPF ) read with great concern the debate on the Muslim wills enactment 2005 in the Malacca state assembly as reported in the Star last week ( 1 April 2005 ).

During the debate, the plight of the late Abdul Wahid Lim Abdullah’s family came to light. The deceased had converted to Islam in July 1992 without the knowledge of his family, and died 5 months later in a car accident. As Abdul Wahid had died without leaving a will, his estate was automatically placed under the administration of the Malacca Islamic Religious Council. His wife and 3 children being non-Muslims, lost their right to be the beneficiaries of the deceased’s estate.

While this is substantively correct, the Wakaf management committee could perhaps exercise their discretionary powers to return the estate to the deceased’s dependents in the form of a gift.

It is important that the administration of Islamic affairs be seen to be sensitive, just and compassionate to all. In a multi-religious society like ours, such situations and entanglements that involve Muslim and non-Muslim parties are not uncommon, and this calls for greater wisdom and sensitivity on the part of those entrusted with religious authority.

It is callous insensitivity to ask the deceased’s family to pursue their claims in the civil court and subject themselves to the indignity of a drawn-out legal process. The other alternative suggested by the Chief Minister of Malacca, to return it as a gift, is more just to all parties and it is indeed long overdue.

All laws whether Shariah or civil implemented in the name of justice must always be tempered with ihsan (goodness) and rahmah (mercy). We need to show compassion and mercy on his family and not be afraid of creating a precedent. This gesture would echo the Quranic exhortations: “Lo! Allah commands you that you restore deposits to their owners, and if you judge between mankind that you judge justly. Lo! Comely is this which Allah admonish you. Lo! Allah is ever Hearer, Seer.”

( Al-Quran; An-Nisaa’ : Verse 58 )

S.L. Pang @ Farah Abdullah
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

Muslim wills enactment 2005 debate in Malacca

Shariah Enactments Tramples Civil Liberties With Impunity?
by Dr. Sarah Haniza bte Dato Abdul Ghani

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

Enactment 2005 Malacca – show goodness and mercy
by S.L. Pang @ Farah Abdullah

We at the Muslim Professionals Forum ( MPF ) read with great concern the debate on the Muslim wills enactment 2005 in the Malacca state assembly as reported in the Star last week ( 1 April 2005 ).

During the debate, the plight of the late Abdul Wahid Lim Abdullah’s family came to light. The deceased had converted to Islam in July 1992 without the knowledge of his family, and died 5 months later in a car accident. As Abdul Wahid had died without leaving a will, his estate was automatically placed under the administration of the Malacca Islamic Religious Council. His wife and 3 children being non-Muslims, lost their right to be the beneficiaries of the deceased’s estate.

While this is substantively correct, the Wakaf management committee could perhaps exercise their discretionary powers to return the estate to the deceased’s dependents in the form of a gift.

It is important that the administration of Islamic affairs be seen to be sensitive, just and compassionate to all. In a multi-religious society like ours, such situations and entanglements that involve Muslim and non-Muslim parties are not uncommon, and this calls for greater wisdom and sensitivity on the part of those entrusted with religious authority.

It is callous insensitivity to ask the deceased’s family to pursue their claims in the civil court and subject themselves to the indignity of a drawn-out legal process. The other alternative suggested by the Chief Minister of Malacca, to return it as a gift, is more just to all parties and it is indeed long overdue.

All laws whether Shariah or civil implemented in the name of justice must always be tempered with ihsan (goodness) and rahmah (mercy). We need to show compassion and mercy on his family and not be afraid of creating a precedent. This gesture would echo the Quranic exhortations: “Lo! Allah commands you that you restore deposits to their owners, and if you judge between mankind that you judge justly. Lo! Comely is this which Allah admonish you. Lo! Allah is ever Hearer, Seer.”

( Al-Quran; An-Nisaa’ : Verse 58 )

S.L. Pang @ Farah Abdullah
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