Thursday, April 15, 2010

Upholding the Shariah



It is indeed a time of fitnah. When the qadi threw out Anwar Ibrahim's attempt to compel the shariah prosecutor to proceed with the qazaf case, the qadi was right technically because he cannot direct a prosecutor. He termed it according to reports as abuse of the court process and mentioned something like it was a "maksiat" - an evildoing. A friend, a businessman from Ipoh was on the phone and he said he was surprised at the use of the term maksiat. He found it a bit confounding that technicalities could become equated with such evil.


Technicalities cannot however address the fundamental issue of maqasid as shariah which is whether justice has been served. Justice to Anwar and justice for the whole Muslim community because technicalities cannot address fasad brought about by systematically allowing fitnah and qazaf to continue unfettered over and over again. In fitnah 1, the case was not directly brought to the shariah courts. Instead it was argued in the civil high court which Anwar's legal team argued for the case to be transferred to the shariah jurisdiction which then was rejected as much expected. In fitnah 2, it was brought directly to the shariah court but seemingly to no avail.


Isn't the purpose of shariah is to uphold the religion and govern the world?


That is why the ABIM-WADAH-PKPIM latest joint statement is vital and timely. The statement is not a mere press statement but offers advice and counsel to Muslim leadership and the ummah as a whole of Islam' s principles of justice and dire consequences if injustice prevails and oppression is ignored. It reminds us of the evil and dangers of qazaf, falsely accusing good people of heinous crime. It enjoins all Muslims to reject the accusations and the fitnah against Anwar Ibrahim. If not, the accused must be allowed to challenge it according to the shariah. A shariah offence of such nature must be judged according to the uncompromising requirements of the injunctions such as the number of witnesses to the crime as it is enshrined permanently in Islamic scriptures.


The statement reminds us of the noble objectives of the shariah that is to serve justice, to protect one's rights and honour. The honour of the individual and the good and the wellbeing of the community, to be free from mischief and miscreants.


Respected Islamic scholars have spoken and the Islamic movement has voiced it out in such a clear, concise and convincing manner. Hear us, Ya Allah, we have discharged our trust!