Tuaran MP: Severity of punishment on KK Mart must be based on law, not public wrath
KUCHING: Tuaran MP Datuk Seri Wilfred Madius Tangau says any punishment on KK Mart over the ‘Allah’ socks issue should be proportionate and in accordance with the rule of law.
He said the key criterion in determining severity of punishment is intention, and not public wrath.
“Some politicians and opinion leaders try to frame the polemic over the Allah-worded socks as one of non-Muslims dictating what should constitute offences to Muslims. This is a red herring as most of the objections are not on the offence, but the proportionality of punishment.
“The crux of the matter in the persisting witch-hunt on KK Mart is however proportionality, a key principle in the rule of law. Disproportionate punishments are unjust, and the resultant injustice provokes disobedience of laws,” he said in a statement yesterday.
Madius said as a Sabahan with many Muslim friends and relatives, he fully empathises with Muslims’ anger and sadness upon finding the word ‘Allah’ on the socks. He said everyone should adhere to the wisdom that ‘to each his own’ and respect every religious congregation or cultural community’s right to decide what constitute offensive acts.
“I too feel offended whenever people who are non-Christian and non-Borneo native patronisingly tell us that ‘all religions prohibit consumption of alcohol’, not knowing that role of wine in holy communion or the centrality of rice wine (tapai, tuak), rice spirit (Montokud, Langkau) and palm wine (Bahar) in native cultures and folk beliefs.
“(However) Unintended harms must be punished less than the intended ones. Negligence must not be equated to malice. This is why we have laws and courts to determine facts including presence of malice.
“Did KK Mart or its supplier Xin Jian Chang Sdn Bhd intentionally sell or import the Allah-worded socks? Both KK Mart and Xin Jiang Chang have denied that and apologised immediately. Why is their negligence treated as malice? Why demand or instruct both to close down?”
Madius said if disproportionality could be justified in the name of religion, Umno Youth chief Akmal Saleh ought to demand an apology from China for allowing Mu Mian Qing Hosiery Co Ltd in Yiwu, Zhejiang Province to produce the offensive socks.
“Akmal should press Foreign Minister Datuk Seri Mohamad Hassan, also his party’s deputy chair, to summon China’s Ambassador for an explanation and to boycott China if Malaysia does not get her a satisfactory answer,” he said.
At the same time, he lauded Umno’s Johor Youth chief Noor Azleen Ambro, who called on Malaysians to think positively on the issue and accept it as ‘a genuine and honest mistake’.
To counter the bad press and rebuild goodwill, Madius suggested that KK Mart owner Dato KK Chua – a Sarawakian – sponsor charity works targeting Muslims, with the support of Jabatan Kemajuan Islam Malaysia (Jakim) and Mufti offices.
“To prevent repetition of such incidents, perhaps KK Mart and Xin Jian Chang can review their standard operating procedure (SOP) to have an ‘equity, diversity and inclusion’ (EDI) quality control officer to look out for and eliminate offensive products and practices, and a reward mechanism for any staff reporting them. Perhaps this should be expanded throughout the business sector that cross-cultural sensitivity is more consciously nurtured through EDI training as part of the Environmental, Social and Governance (ESG) best practices for Malaysian firms.
“Here, the National Human Rights Commissions (Suhakam),
Ministry of National Unity and Jakim can all play a role. In fact, we should promote this to political parties and NGOs which, unlike businesses, often have incentives to offend others to score brownie points.”
At the same time, Madius said the issue could be an opportunity to promote inclusion across the board, in line with the federal government’s Madani value system.
He hoped Prime Minister Datuk Seri Anwar Ibrahim would be able to see the danger of prolonging the KK Mart witchhunt and order the respective ministers of National Unity; Islamic Affairs; Home Affairs; Investment, Trade and Industry; and Domestic Trade and Cost of Living to “put their heads together to deescalate and end this crisis”.
He said any witch-hunt would defeat the government’s efforts to bring in foreign investment and stabilise the ringgit.
Madius also expressed hope that Sabah Chief Minister Datuk Seri Hajiji Noor and Sarawak Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg could see both the crisis and opportunity the two states are in.
“Both states should aggressively enhance EDI and cosmopolitanism at home and set up trade and investment office overseas. If Malaya insists to play with fire, Borneo must grow faster as a safe haven for investments and talents.”