Categories
Liberty Politics & government Society

[1845] Of status quo for the monarchy

Various anecdotes insist that the act of placing a baht note in your pants back pocket is a terrible faux pas to commit in Thailand. It is because all bills have a portrait of Thai King Bhumibol Adulyadej and placing one in that particular pocket is a sign of disrespect. More so if a person actually sits on it. As it goes, anybody caught doing so by the Thais would be admonished, or sometimes worse.

Though the veracity of the anecdotes is unconfirmed, the message is clear: the Thai monarchy commands tremendous respect from the people of Thailand. This enables the King to exert some influence in Thai politics especially in times of turmoil. Perhaps envious of their counterpart up north, several Malaysian royal houses are looking to play greater roles and claim greater power within Malaysian society. Whether that is a good idea is debatable.

This idea first came to mainstream consciousness in recent times when the Thai monarchy apparently brought the country’s political deadlock to an end. This proved to be temporary but at that particular time, it inspired Malaysians to turn to the monarchy in search of ways to challenge the Barisan Nasional-led government.

In a time when the Barisan Nasional government exercised stifling control over almost all tools of the state to silence disagreements towards its policies, it did not take much of a nudge for many Malaysians to imitate their neighbor up north. Bersih, in particular, held a huge rally to raise concerns to the Yang di-Pertuan Agong, in protest of the executive arm of the state.

The support for the monarchy was further strengthened when the royal houses of Terengganu and Perak were deeply involved in the appointment of the Menteri Besar of the respective states. The Sultan of Terengganu rejected the BN-preferred candidate for the MB post, preferring a person more palatable to the taste of the royal house. In Perak, the Sultan played an active role in the appointment to the state’s highest executive office and in doing so effectively resolved the uncertainty that followed immediately after the March 8 general election.

Both episodes demonstrated the capability and the usefulness of the institution. The monarchy proved that it could provide leadership when the situation requires so.

Nevertheless, this does not necessarily mean the monarchy deserves an expansion in role or in power. Rather, it is just the case that the status quo works.

While the status quo works, the role of the monarch over society may have been overstated. Just as Thailand inspired Malaysians to turn to the monarchy, the case for overstatement also inspired the events in Thailand as turmoil riddles the country.

This was seen during the September 2007 coup d’état by the Royal Thai Army. Almost immediately after tanks secured Bangkok, the military rushed to the palace to obtain endorsement from the King. The endorsement however came after the military coup happened, not before. Regardless whether the King was in favor of the military coup mounted against an elected government, the King could have acted merely as a rubber stamp. In a practical sense, it was the military that gained control of Thailand, not the King.

It is true however all the successful coups had the endorsement of the Thai King while the ones that failed — namely in 1981 and 1985 — did not get royal endorsement.

Yet, the military’s action was more or less aligned with the People’s Alliance for Democracy, the group opposed to former Thai Premier Thaksin Shinawatra and the two successive Thai Prime Ministers allegedly tied to him.

PAD positions itself as royalists and assumes yellow — the royal color — as its own. It has frequently accused its rivals of being disloyal to the King. With an association like that, it is hard not to disagree with the PAD without being accused as disloyal, especially in a country which makes criminal any criticism against the royal house.

The frequent accusations of disloyalty however have brought suspicion that the PAD is manipulating its relationship with the royal class to forward its own agenda with gross disrespect for the democratic process.

In any case, Bersih was a show of organic power and hardly had anything to do with royalty. As much as many would want to believe, there is not enough proof to show how receptive the Malaysian King was to the movement. Bersih, like PAD, only associated itself with the monarchy as a strategy to pit the executive and the institution to forward its own agenda.

The democratic process itself is not sacred since from time to time, tyranny of the majority does occur. Democracy does suffer from failure, especially when all its checks and balances have been exhausted.

Early liberals held a deep suspicion for democracy because of the fear of tyranny of the majority. Voltaire, for instance, advocated enlightened absolutism where idiocy of the masses is kept in check while preserving liberty and everything relating to the Enlightenment.

This is the same thinking PAD is applying in rationalising its action. It argued that the majority of Thais — the rural voters — are not educated enough to do the right action, like voting properly. By using this argument, it could basically reject any democratic outcome against its favor and refer to the King who, in its view, is an enlightened monarch.

Liberal thoughts however do not stop at Voltaire, and classical liberals distrust absolutism as much as crass majoritarianism. Evolution of ideas later introduced the concept of liberal democracy superior to Voltaire’s. The monarchy is replaced by a liberal constitution which ferociously defends individual liberty from infringement by the majority.

The reason for the superiority of liberal democracy to an enlightened monarch is obvious: not all monarchs are enlightened. And enlightened monarchs do not exist all the time either. Voltaire, somehow, overlooked this.

In the case of Malaysia, the country has neither an absolutist nor a liberal constitution in its purest sense. The county does however, perhaps, have several enlightened monarchs who are able to rise above the noise to appeal to the greater good. And there is some security over individual liberty in this country. The imperfections in the protection of liberty by the state may sometimes call upon the enlightened monarchs to play, in some ways, part of the role that Voltaire advocated.

Thus, the monarchy finds itself as a check and balance apparatus. In times when the power of the executive is beyond disgust, the resurgence of the monarchy to check the excesses is most welcome.

It has to be noted that the idea of checks and balances imbeds within the system parts which are capable of limiting the power of the other parts and vice versa. If one part has the ability to overwhelm the other, however, the idea of checks and balances simply loses its meaning.

The same applies to the monarchy. If invested with greater power, chances are the monarchy will stop functioning as part of a check and balance mechanism. The greater power could upset any balance that exists in Malaysia at the moment.

And one of the easiest ways to upset the balance is to grant all nine monarchies in Malaysia with immunity. Immunity will place any royalty above the law, well beyond the reach of any check and balance mechanism.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

A version of this article was first published in The Malaysian Insider.

Categories
Liberty Society

[1838] Of the National Fatwa Council is not a god

Kings of the past used to claim authority over the masses through self-proclaimed association with some kind of gods. The pharaohs of Egypt were famous of this. The Japanese emperors also claimed lineage to some god. Somewhat less absurd claims come in form of the divine rights of kings. Through the concept of divine rights, the rulers obtained their rights to rule by authority supposedly invested in them from above, not from below unlike, modern and liberal democratic system. The bottom line is that their decision is absolute. Any act of questioning these authorities is as good as questioning the authority of god.

Questioning the authority of god in any conservative society familiar with lynching, beheading and burning at the stake is not something one would like to do so openly.

This idea is dangerous for the obvious reason. It implicitly equates an entity formed by humankind to god. To god-fearing society, the power of pharaohs, emperors and kings are absolute, regardless of the idea of right or wrong. Such scenario is a fertile ground for tyranny.

As society matures, individuals become to realize the fallibility of these rulers and began to learn to disassociate these rulers from some all mighty beings. This realization has been crucial in creating freer societies in which individuals are empowered to take their fate into their own hands.

The trend of self-empowerment is observable in Malaysia but there are no doubt challenges. One of the challenges lately came in form of religious edicts read out by the National Fatwa Council. Tomboys and Yoga are recently declared banned for Muslims by the Council.[1]

The edicts have been criticized for trying to dictate lifestyle of an individual. Others accuse the Council of having nothing better to do, judging from the triviality of the issues addressed, compared to the issue of corruption for instance, by the Council.

Utusan Malaysia on its front page today reports that the President of Persatuan Peguam Syarie Malaysia (PGSM; roughly the Sharia Lawyers’ Association of Malaysia), Zainul Rijal Abu Bakar is responding to that criticism by advocating for legal action to be taken against the critics of the decisions of the National Fatwa Council. He rationalizes his position by stating any challenge mounted against the Council is a challenge to Islam.[2]

In that statement is the assumption that the Council represents Islam and inevitably, god. The problem is, they have nothing to prove their appointment by god as the representatives of god or Islam. Neither does the PGSM.

In fact, Islam itself says there is no god by God alone. An act of equating anything to the God is considered a big no no in the religion. Yet, here we have Muslims trying to do that and labeling other Muslims as doing what no Muslims should do.

People like Zainul Rijal Abu Bakar seek to invest the National Fatwa Council with powers by limiting individuals’ right to self-determination. In doing so, he basically accepts the words of the Council as absolute, probably as good as the words of the god the Council is supposedly to represent.

This is clear in the way he is responding to the criticism directed to the National Fatwa Council. Rather than reasoning his support for the Council’s decision, he instead seeks to end the ongoing conversation on the matter while backing his demand with threat. He seeks to make the words of the Council, and his, as absolute, regardless the idea of right and wrong.

The streak of authoritarianism is unmistakable.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — PUTRAJAYA: The National Fatwa Council has declared that yoga is haram (prohibited) in Islam and Muslims are banned from practising it. [Fatwa Council deems ancient form of exercise from India ‘haram’ for Muslims. Mazwin Nik Anis. The Star. November 23 2008]

[2] — KUALA LUMPUR 23 Nov. — Persatuan Peguam Syarie Malaysia (PGSM) mendesak kerajaan menggunakan peruntukan undang-undang di bawah Enakmen Kesalahan Jenayah Syariah dan Kanun Keseksaan bagi bertindak ke atas pihak yang mempertikaikan institusi fatwa.

[…]

”˜”˜Mencabar keputusan Majlis Fatwa Kebangsaan adalah sama seperti menghina agama Islam kerana institusi fatwa mempunyai peranannya yang tersendiri dan diiktiraf syarak serta Perlembagaan Persekutuan. [Fatwa: Ambil tindakan. Hernan Hamid. Utusan Malaysia. November 24 2008]

Categories
Economics Liberty

[1835] Of freedom to err and to learn

Failure is simply part of life. A world without failure is a fanciful dream incapable of withstanding reality. No matter how much failure hurts, it teaches us valuable lessons for future endeavors. Do it enough while learning from it, and a pot of gold awaits the daring at the end of the rainbow.

Success and failure are just the result of competition for the best answers to questions that beset humanity. Who is the fastest runner in the world? Who blew the biggest balloon ever? Who is the smartest kid in the class? Mirror, mirror on the wall, who is the prettiest among them all?

In search for the best, somebody must lose. Somebody must be in second place, or last. Not all can take the No. 1 position.

How do we cross the ocean? How do we get to the moon? How do we conquer the final frontier? Failures greeted us along the way before we successfully answered the questions. Remember the tragedy of the Apollo 1 and the Space Shuttle Challenger. Their failure led us to learn more about ourselves, our capabilities and our mistakes. It is because we learned that they did not die in vain.

The glorious discovery of scientific methods which played no small part in aiding the relentless progress of humanity itself stands firm as a witness to the importance of failure: observe, hypothesize, predict and test.

If the prediction is successful in verifying the hypothesis in the first try, then congratulations. If no, then hypothesize sensibly anew. Each time we hypothesize and fail, we are one step closer to the answer for we now know yet one more path we should not take, cutting down the odds in our favor. It is simply so because failure eliminates the wrong paths.

We learn from failure by marking the false doors and knocking tirelessly on unopened ones. The whole process, to generalize it crudely, is an exercise in trial and error. Needless to say, repeated trial and error involves failures and successes.

Evolution, for one, is the great trial and error game. Since time immemorial, nature has constantly tried countless combinations to find the building block of life and reach where the whole earthly living world finds itself today. It is through evolution that nature finds the perfect fit for all. It systematically tries everything in its mind and systematically purges failed combinations in favor of the successful results from many trials.

Evolution is a competition of designs, as Eric Beinhocker writes in ”The Origin of Wealth” as he tries to promote complexity in economics to challenge the neoclassical models. Evolution is a contest to look for the best design and eliminate the failed ones. The inherent Darwinism is harsh but trust the evolutionary processes to produce greatness by exercising the liberty to err and the liberty to learn.

The parallel is seen in the free market system. Through the creation of free competition enabled by the free market system, various ideas compete against each other to satisfy our needs, our demands and our questions. The best ideas and decisions will be rewarded while the worst will be punished, as judged by participants of the market. In other words, the free market mechanism simply adheres to the concept that failures eliminate the wrong paths. The free market is evolution.

This is exactly what we have witnessed for the longest time. An economic downturn occurs for a reason and each time it happens it is because of the mistakes which we commit. The irrational exuberance of the 1990s, for instance, saw massive investment into businesses with weak models. When these models failed as the market finally turned around to revolt against our acts of foolishness, so too those who invested in it. We then adjust our expectation to a more reasonable level.

The current economic crisis is characterized by failure to see the mistakes in time. Mistakes of encouraging home ownership with disregard to creditworthiness; mistakes of loose monetary policies to solve the previous economic downturn; mistakes from leveraging too highly while failing to manage risk; mistake of bad regulations. When the mistakes converged as the fruits ripened too much to turn sugar to poison, the time for punishment at long last arrived.

There is no doubt failure is painful but we are only likely to learn something when it is painful. The fear of pain will encourage us to not to repeat the same mistake. We know fire is hot only after we have burned ourselves.

While we learn, we must remember that we are only humans and we are not perfect. Some will learn and some will forget. Some will learn to adapt and others will fail to do so. For those who failed, the system will keep reminding them why they failed.

What we are witnessing at the moment is the free market taking its course to correct the paths we have mistakenly taken. The system now demands that we learn from our mistakes. For those who have learned something from the past, they will not be affected as badly as those who commit the same mistakes again out of ignorance or arrogance.

Regardless of that, failure is part of the free market system because failure is one of the manifestations of free will. Mahatma Gandhi once said that freedom is not worth having if it does not connote freedom to err. Without failure, the free market cannot function on paper or in practice.

Without failure, the best cannot be found. Without failure, there is an implicit assumption of the equality of results where everybody lives as miserably as the other in a dull monotony: at its center is the equality of poverty. We have seen how such systems failed to incorporate the very basic economic lesson — that individuals respond to incentive. We have seen how that has failed and how the human spirit revolted against it. That failure too is merely a function of evolution embraced by the free market philosophy.

While keeping this in mind, one should be mindful of missing the woods for the trees.

The series of failure across the Pacific and its subsequent ripples spreading globally are not a failure of free market capitalism. It is not a failure of liberty. On the contrary, the series of failure is an automatic reaction against our mistakes. The system is responding because we respond to events around us and that alone shows that the idea of economic liberty with its carrot and stick model works.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

A version of this article was first published in The Malaysian Insider.

Categories
Liberty Politics & government

[1820] Of no one must monopolize free speech

The Pakatan Rakyat seems to have the exclusive domain over free press and free speech these days in terms of reputation. The perception has to be dismantled quickly if we wish not to escape a lie only to fall into another lie.

Pakatan Rakyat — especially DAP and PKR — rightly so deserves the association with free speech. The Barisan Nasional government unabashedly uses state apparatus to suppress free speech supposedly guaranteed by the Constitution, with the components of Pakatan Rakyat as the victim of suppression, particularly in the past before March 8 unraveled its chapter.

There has been some liberalization since thanks to the persistent struggle for greater freedom by many. The Barisan Nasional government still abuses state apparatus but threat posed them has receded significantly, ushering a new era of freer Malaysia. Much is to be done but clearly, we are seeing a liberal climate for us all to enjoy.

While enjoy we will, the price of freedom is eternal vigilance.

The clear and present threats to free speech — suppressive laws, litigation and coercion for instance — are always identifiable without much effort. One that is less obvious is when those with the reputation as advocates of free speech started to use it to their advantage with detrimental effect to others. With the Pakatan Rakyat component members finding themselves in power, they are susceptible to do so to slowly betray the principle which they are associated with. Power corrupts and absolute power corrupts absolutely.

One can despise free market philosophy all they want but the safest bet one can make is that we all have our own interests and we do promote those interests to our own benefits. The fact that liberals understand this what makes liberalism so successful compared to any of its rival up to date. It is simply human nature and other systems fail simply because those systems try to impose idealism made in the heavens rather than work with reality on the ground for the advancement of humanity.

Those in Pakatan Rakyat are no different about having and promoting their self-interest.

There is nothing wrong in having self-interest and promoting it. It is self-interest that have brought humanity tremendous wealth and knowledge unmatched at any point in the past. What is wrong is when that self-interest is pursued in a way that violates others’ right. With respect to the issue at hand, it is others’ right to free speech and the maintenance of free press.

Despite their association with free press and free speech, the component members of Pakatan Rakyat lately have shown worrying tendency of barring journalists from news organizations unsympathetic to the politics of Pakatan Rakyat.

DAP sued Utusan Malaysia and a few others about a satire; the satire is distasteful, no argument about that but it is clearly only a satire, no matter how provocative it is.

In Kelantan, the PAS controlled state assembly barred a Berita Harian reported from its premised due to unkind reports. And who can forget how Zulkifli Nordin of PKR who stormed a forum demanding it to be halted; he has yet to be punished by PKR for what he done.

All this discourages free speech and free press and therefore competition of information.

In the past, supporters of Barisan Nasional were derided as believing in their own lies. At the moment, I am beginning to see supporters of Pakatan Rakyat believing in their own lies.

The best example was when Anwar Ibrahim claimed that there is a capital flight after the World Bank released a report showing FDI outflow overtook FDI inflow when in fact, the truth of the matter is that rather than capital invested in Malaysia flowing out, Malaysian firms are investing abroad.

The case of Teresa Kok claiming she was intentionally maliciously misattributed by Utusan Malaysia when in fact she did say what Utusan Malaysia reported is yet another example. Only that in this episode, free speech caused her to paddle back. Yet, some DAP supporters defended Kok only to suffer embarrassment when Kok found herself in an impossible situation to deny it. Without competition of information, Kok would not have apologize and would have gotten away with it.

As for me, I am unwilling to live in a lie after escaping from one. I am only interested in securing my liberty and not the self-interest of politicians from either Barisan Nasional or Pakatan Rakyat.

I am not entirely sure if some in Pakatan Rakyat believe in fair competition. Increasingly, it seems that they believe in fair competition only when the odds are against them. When in power, the ideal of liberty is conveniently thrown out of the window.

The antidote to this is the encouragement and maintenance of competition of sources. Any effort to limit competition should be viewed with utmost suspicion and nothing less.

Categories
Liberty Society

[1817] Of just live and let live

Differences can be challenging. They assault routines and stereotypes to force modifications or even outright revamps of worldviews. When none of that occurs and the differences end up as irreconcilable, conflict may come to the surface. Some differences are worth fighting for while in other cases, respect and tolerance are the key to moving forward.

Conflict or not, the world is so full of individuals with different views and lifestyles from our own. More often than not, we have to live with it. This is especially so when a lot of these differences do not affect us whatsoever other than our sensibility or morality.

The requirement to respect differences is all the more important when individuals live according to different moral standards. Still, not all subscribe to the idea to respect differences. Some view the mere idea of differences as an abhorrence which must be contained in favor of only one standard.

The latest proof of intolerance for differences comes in the form of an edict recently announced by the National Fatwa Council, which declared that tomboys are now banned in Islam. Despite the announcement, various news reports have stated that the edict is not a law. As such, it is not legally binding.[1]

The edict is fine for those who wish for a guideline in practicing of Islam. From this perspective, there is really nothing wrong in the edict. This could be a source of reference for those incapable of undertaking the necessary logical steps required to reach a conclusion.

For those who wish not to submit to a group of self-elected guardians of the faith or are simply concerned with individual liberty, it is important that this edict continues to be toothless.

This is because a law based on the edict amounts to moral policing. Such laws would seek to shape individuals in a particular mould approved by self-appointed moral guardians. There would be a set of behavior for those whom the council of clerics deems to be under their authority to follow. Anything else would seem criminal.

The notion that a person could be seen as a criminal simply by behaving in a manner unsanctioned by a group of people is a scary thought. It is as scary as being prosecuted for having certain characteristics shaped by one’s environment. How would one feel to wake up one morning only to learn that one is now a criminal in the eyes of the state?

The problem in having such law criminalizing a group of people who refuse to be pigeonholed by the council is that there is no victim at all involved in the issue addressed by the edict. The tomboys behave as they do without causing harm to others or themselves. The only harm tomboys do is to the idea that a woman must behave in a certain particular manner.

To invest our legal system with the edict is to victimize the tomboys who have done no harm to others. In doing so, the state would be committing tyranny. That is an unpalatable prospect which must galvanize those who cherish individual liberty against making the edict legally binding.

For those uncomfortable with tomboys, they really do not need a repressive law to grant them some peace of mind. They are free to not interact with the source of their disgust. This includes those with religious objections against those who do not conform to female social gender roles. They just need to learn to let other people be, especially when other people let them be. Why are they so intent on making others live as miserably as possible? What malicious intent do they harbor against those who dare to be different, or those who cannot help being different?

The tomboys have done no wrong to anybody. That alone is enough for us all to just respectfully live and let live.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — KUALA LUMPUR, Malaysia (AP) — Malaysia’s main body of Islamic clerics has issued an edict banning tomboys in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said Friday.

[…]

Harussani said the council’s ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are immoral. [Islamic clerics in Malaysia rule to ban tomboys. Julia Zappei. The Associated Press. October 24 2008]

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A version of this article was first published in The Malaysian Insider.