Key principles in enforcement of Islamic laws
KUALA LUMPUR: Procedures to enforce Syariah criminal laws must be improved so that Islam is not seen as merely being about punishment but also reforming offenders, says Minister in the Prime Minister’s Department Datuk Dr Mujahid Yusof Rawa.
He said participants at a roundtable discussion he attended along with Syariah judges and state religious enforcement representatives agreed that repentance and reform should be key principles in enforcement of Islamic criminal laws.
“It is a new way forward for the enforcement of Syariah criminal laws so that it is not abused or misinterpreted,” Dr Mujahid said at a media conference after the closeddoor discussion held here.
Organised by the International Institute of Advanced Islamic Studies Malaysia (IAIS), the title of the roundtable discussion was: “Philosophy and procedures of Syariah criminal punishments towards achieving the aim of Compassion For All (Rahmatan Lil Alamin).”
Syariah judges, academicians, representatives from NGOs and other experts on Syariah criminal law attended the event.
Dr Mujahid said there should be a shift in approach from taking action against offenders merely to punish them.
A more reformative approach is needed, which may involve meting out sentences such as community work and good behaviour bonds.
Syariah judges should also take into account factors such as the age, health and certain problems the offender may have before deciding on the punishment, said Dr Mujahid.
He said a follow-up meeting with other ulama, intellectuals and NGOs on how to further improve the enforcement of Syariah criminal law will be held on Thursday at Putrajaya.
He said he had met and engaged with the Malay Rulers on the question of Islamic administration that fall under their jurisdiction.
“I can assure you, the state and respective palaces have been in good cooperation with the federal government based on negotiations and respect for boundaries.
“But I cannot force them, that is definite.”
Earlier in his opening speech at the launch of the roundtable discussion, Mujahid said there was a need to factor public interest into account before a judgment is made by a Syariah court judge.
“You are not isolated from the public interest ... you are part of the bigger society. So, public interest comes as one of the main factors before the judgment is made,” said Mujahid.
He said the rights of the accused during the investigation process and the right to legal representation are protected in Islam.
“This is important for us to ensure the dignity of the person is not affected just because there is public pressure for us to hastily give a judgment,” he said.
Dr Mujahid also warned of “dan- gerous political agendas” by certain quarters trying to prove they are more Islamic than others.
“We will not agree to anyone trying to prove to be more Islamic.
“We are not competing with who becomes more Islamic at the cost of Islam.”
He said Muslims should refer to the principles of Islam rather than trying to prove who was more Islamic than the other, which would be disastrous for the country.
Legislators must include “compassion for all” as their philosophy before any legislation is passed, he added.