Raid is unacceptable

According to the dictionary, to proselytise is to induce someone to convert to one’s faith or to recruit someone to join one’s party, institution, or cause. Dr Hassan Ali, my ex-Intan colleague and state exco member for Islamic Matters and Malay Culture in Selangor, says he has proof that there were attempts to proselytise the 12 Muslims at the DUMC ‘muhibbah and thanksgiving fund-raising dinner for AIDs related cases’.

If we accept the first definition, one assumes that the 12 were coerced or conned into turning up at the dinner without their willing voluntary presence. But, if you take the second meaning, they were voluntary and willing partners of their common expressed concern by this civil society event organised by them but hosted in the dining place for the church complex called Dream Centre.

In either case, my simple question to Hassan ( left ) is: Under what authority did the Selangor Islamic Religious Affairs Department (Jais) conduct the raid? Pardon me, but even the police have no authority to enter any private property without a warrant, leave alone these Jais guys.

I am sure the state exco member is aware that Islam is under the jurisdiction of the state government and the related state enactments limited to Islamic family and inheritance issues. Therefore, even on matters of Islamic Syariah compliance, the federal police have no jurisdiction to “enforce Syariah laws on ordinary citizens”. Syariah law is personal religious law and not public criminal law; unless we are in an Islamic state.

The police are set up under our common law criminal dimension where there are also civil aspects of laws which are not under criminal jurisdiction; under our constitutional system of civil laws, wherein Islamic enactments are under state administration headed by the sultan. What is civil is usually voluntary and elective, but what is criminal is authoritative and legal, but in both cases under the federal government jurisdiction.

Therefore, Islamic jurisprudence under our system of governance  is only a state (for the nine states of the Federation of Malaya) matter. For the Federal Territories and the two Straits Settlements, they are under the authority of the Agong. Sabah and Sarawak have their own system each.

The limits of federal laws and state laws

My dear Hassan, surely as an American PhD holder you have been trained rationally to accept and concur with reason and logic; even if you see yourself as an Islamic scholar. Surely you know the limits of federal laws and state laws. After all, as former PTD officers, we were trained in many laws of the nation.

Is it that you forgot, or is it your Islamic zealotry that has made you blind to reason and logic? You see, Hassan, in the final analysis, it is always one’s demeanour and actual personal conduct which defines who we really are and the truth we stand for. Truth cannot be enforced but must be embraced. Human conscience will never allow force of faith and loyalties.

Remember the discussion we once had about “excellence” while at Intan? My definition then and now is that excellence is an attitude about life and living wherein you put the “other” as the most important person, and seek to always serve the other.

But excellence is neither about only personal excellence and beliefs in the privacy of your home; it is also one’s corporate behavioral excellence of actions in the public spaces of life.  It is also about one’s willingness and ability to respond to a call to obedience by the Almighty towards living a life of example for all to see. It is always about doing the right thing, in the right way, and at the right time for God’s glory.

And, therein may be where, I think, you have failed, Hassan. You have done what you think is right but only in your own eyes, and also you did not do it the right way, as a member of the state cabinet. Maybe your timing was wrong too. Abdul Khalid Ibrahim’s state government needs your help and does not need you to create more problems. Even your PAS colleague Khalid Samad does not agree with the department’s actions.

But as a Christian, who does not worship at DUMC but has many friends there, I believe what you and your agents have done is wrong and therefore you need to resign to maintain the honor and integrity of your state cabinet, your party, and your faith.

I am sorry but you have gotten away with ‘a number of mistakes these last two years’, and still have not been held personally  and fully responsible and accountable. You are never unintentional in your actions. Therefore, this time you must become accountable; either you establish your assertions publicly with relevant evidence, or you should resign.

A matter outside of state jurisdiction

And let me also be categorical here, if even the sultan knew what was happening and he did not stop it, I would argue that the royalty was equally wrong. This is a matter outside of state jurisdiction. I am sorry but merely being armed with Islamic jurisprudence and suspicions cannot allow one to enter into my home without requisite federal and criminal authority, because my home is always a personal and private property.

That is our law. That is also the principle of rule of law. Islam is only THE religion of the Federation but it is not the OFFICIAL ONE or even the ONLY one; it is merely the most premier one. My teacher on this subject wasn one other than the late Ahmad Ibrahim. And, the practice of all other religions is permitted by the same Article of the federal constitution. Ask Shad Saleem Farouqi.

The Dream Centre is the place for many to make their dreams come alive. In this case it was for the HIV/AIDS community. They may actually practice their celebration in slightly different cultural ways, but that cannot be our problem because maybe, just maybe, their practice is good enough for the Almighty God. Therefore, who are we to judge?

What I notice however, dear Hassan, is that ever since this “backdoor legislative connivance and change of Article 121 (1A) was conceived and approved”, Islam has been upgraded as if it is the official religion of the federation.

Even the agreements with Sabah and Sarawak have been consequently abused and disregarded by the current Malay supremacy theology (and of course their consequent use of Islam as the unwilling bride for all such actions) currently exported and propagated by Umno and some of their allies. You, of course, have always been part of Umno, in that sense!

Therefore, dear friend, I want to give one simple word of advice: Do not pull PAS down to the level of your personal theology and interpretations; please allow PAS to rise to the true honor and glory of traditional Islam before it became corrupted by modern greed and wealth. That is why Tok Guru Nik Aziz Nik Mat is still a good eample for this brand of Islam.

Therefore, please step down willingly and voluntarily, and let the MB decide who should take over from you the exco post and I guarantee you that the Selangor state government will be all the better for it.

May God bless Malaysia.