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
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]

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.