Sultan of Brunei questions delay in Syariah law enforcement

Rasidah HAB and Rachel Thien

BANDAR SERI BEGAWAN

 

HIS Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, the Sultan and Yang Di-Pertuan of Brunei Darussalam, yesterday ordered authorities to explain the two-year delay in the phased enforcement of Syariah Penal Code Order.

The monarch said the Syariah law has remained “stagnant” without any progress after being actively pursued for a brief period following the launch of the Order in 2014.

Delivering his titah during a meeting with the Brunei Islamic Religious Council (MUIB) at the Legislative Council (LegCo) building, His Majesty questioned how many of the Syariah law provisions have been enforced.

[Related story: Gov’t targets Syariah CPC completion by June]

[Related video: HM questions delay of Syariah law enforcement]

“How long has passed since it was launched and gazetted until now? It has already been two years but it is still at the stage where only general offences are dealt with.

“What about the other phases? When will they be implemented? I expect the ministry concerned might respond by saying that the Syariah Penal Code could not be fully enforced at this stage because the CPC (Syariah Courts Criminal Procedure Code) has not been finalised,” the Sultan added.

The CPC outlines the rules for conducting criminal proceedings, from the investigation to prosecution.

His Majesty said authorities might respond by saying they are still waiting for the Attorney General’s Chambers (AGC) to finalise the vetting of the draft documents.

“My next question is when will the draft law be sent to the AGC? Their response might be that it was already sent in 2014,” His Majesty said.

The Sultan went on to say that if this was the case, it is most regrettable because two years have passed and yet the CPC has not been completed.

“How thick is the draft? The AGC might tell us there are many other legal documents that need to be urgently dealt with too. The vetting of the CPC will only be able to be finalised in June 2016, after it has stalled for two years,” the monarch said.

His Majesty said this is an “unacceptable excuse”.

“It is as if people will be under the impression that the Syariah Penal Code is worthless as a law mechanism. Where is the Minister of Religious Affairs? And where is the Attorney General? Why have they not come forward to remedy this unsatisfactory situation?” the Sultan questioned.

The first phase of the Syariah Penal Code was enforced on May 1, 2014. His Majesty added that before the second phase can be implemented, the country has to wait for another 12 months after the CPC can be gazetted.

“Now two years have gone by, but the CPC is not gazetted yet and the vetting process has not even started. This means that after it is gazetted in 2016, we have to wait another year, until 2017 before the second phase can be implemented.”

He said it will be 2018 by the time the third phase of the Syariah law can be enforced.

“So when will the penal code be ready to be fully implemented? Is it true to say that the officers responsible in vetting the draft legislation could not do so as a matter of urgency? Is it just a matter of vetting or did they intentionally refuse to vet?” His Majesty questioned.

The monarch asked why had the religious affairs minister and attorney general failed to keep tabs on how the work was being done by their officers.

“May I remind all that we did not formulate the law out of whims and fancies but we do it solely for the sake of Allah, not in pursuit of glamour. Working for Allah must be done earnestly,” His Majesty said.

Religious education

His Majesty also raised concerns on the direction and future of Arabic education in the country.

Arabic schools are established to bring forth those who are competent in religious knowledge, with the objective of eventually getting Islamic scholars or ulama. With this in mind, Arabic schools must prioritise religious subjects such as Arabic language, fiqh, tauhid, Quran, hadith and tafsir, he said.

He added that this must be done without ignoring the importance of subjects such as Malay language, English language and Mathematics.

Everything went well since the inception, but Arabic schools introduced the science stream from the 1980s, making it compulsory to take Physics, Biology, Chemistry and Additional Mathematics – subjects that are available in mainstream schools under the Ministry of Education, he said.

This meant that students who took the science subjects are required to reduce the number of religious subjects so that it will not be too burdensome, and thus science subjects came to gain more prominence than religious subjects, he continued.

Science stream classes at Arabic Schools currently only offer classes up to O-levels. After completing their O-levels, the students would have to transfer to mainstream schools if they wish to pursue the sciences.

“At that point, they are no longer considered students of Arabic schools and they completely stop studying religious subjects after their O-levels,” he said.

The monarch said there is a need to review the impact of introducing the sciences in Arabic schools when it was implemented in the 1980s.

“Unfortunately, no such research has been done, we do not know the implications whether good and bad of introducing Science stream classes back in the 1980s,” he said.

The Arabic religious education system is experiencing major changes with the implementation of the National Education System for the 21st Century (SPN21).

Under the education system, Arabic school students will be able to master both religious and Science stream subjects. Year 11 students at Arabic secondary schools will have to sit for two major examinations, including the O-levels for their mainstream subjects and the Brunei Islamic Studies Certificate (SPUB) for their religious curriculum.

In Year Nine, the students will be divided into three streams based on their results: 1) fast track Science stream for students who obtained excellent results; 2) normal track Science stream for students who obtained ‘very good’ results; and 3) Arabic stream for students who obtained ‘good’ results and below.

The Sultan said the grading of the three streams reflects that the Arabic stream is of third class level, not on par with the other two categories.

They are also required to study all subjects for their SPUB and O-level examinations simultaneously, possibly doubling the number of subjects that need to be taken in mainstream schools, he added.

“Wouldn’t such a system make it burdensome for Arabic school students and difficult for teachers to teach and complete the syllabus with that many subjects?”

He added that this can cause students to choose the Science stream over the Arabic stream.

The monarch said it is generally known that religious education subjects are more difficult and taxing compared to the other subjects, a factor that can push students away from Arabic classes in favour of the sciences.

“All these need to be deliberated on as thoroughly as possible to save and popularise religious subjects so that they will be seen as a good choice, more attractive and more appealing than non-religious subjects, not a means to open an opportunity for them to get away or escape from.

“This is a matter of much concern to me – the future direction of Arabic schools. Are their roles fading into irrelevancy or diverting towards another direction. All these call for a thorough reassessment to turn back to its original course. Let it not be changed,” he added.

Islamic propagation

The monarch said da’wah (dissemination of Islamic teachings) in the country is still weak and needs to be strengthened amid uncertain times and social ills affecting the country.

Among the issues raised were the number of propagators at the Islamic Da’wah Centre and whether they were properly trained.

“In addition to having many propagators, we want the da’wah delivered to be effective. Effective da’wah is successful da’wah,” he said.

His Majesty pointed out that one important medium of the da’wah is through the mimbar. The mimbar is a pulpit where the imam delivers the sermon in mosques.

“It is vital to deliver effective messages in the sermons. That is why all aspects must be taken into account, starting from preparation, content, writing, policy guidelines and lastly, the individual who will deliver the sermon,” he said.

His Majesty said it is important to practise discretion in deciding the content of the sermon, adding that the content must be appropriate.

He gave an example of an incident where SEA Games become the topic of a sermon. “The khatib (sermon readers) called upon congregants and Muslims to flock to the stadium to witness the events that would take place. We might say that sports is not something Islamically impermissible, but for a khatib to persuade and herd people to the stadium, in my opinion, is something that needs to be given thorough deliberation.

“Have we exhausted all topics and there is no other more important issue other than the SEA Games? This is what discretion is in the choice of topic along with the need to adhere to policy guidelines on sermons,” he added.

The Sultan said khatibs need guidelines on the correct way of delivering the sermon.

“Some readers are too tense and some were repetitive in their presentation. Is this what is expected of them by the Mosque Affairs Department? Where are the mosque affairs officers? Have they not come across incidents like these,” he asked.

Official visits and functions

His Majesty went on to say that it is not necessary for both the Minister of Religious Affairs and his deputy to make visits together as one should stay at the ministry and attend to pressing matters, such as the need to formulate policies for schools and the Islamic Da’wah Centre.

“The minister and his deputy minister should not simply enjoy making visits upon visits, for instance to schools, mosques and elsewhere. In doing so, both of them pay a visit to the same place and enjoy media coverage,” His Majesty said.

The monarch also said there is no need for all senior government officials to attend official functions that were held either in the day or at night.

“It is alright to make a visit and hold a function, but if the events are becoming too many and frequent, what about office work and worse, if too many attend them – the minister, his deputy minister and a horde of other officers! Is it not more reasonable for one of them to make the visit while the other stays behind?

“Is it not true that there are a lot of more pressing matters that need to be dealt with and given serious thought in the office?

He said other pressing matters include formulating policies for schools, Islamic Da’wah Centre, mosques, zakat (tithes), following up on the development of new converts, maintenance and upkeep of Muslim cemeteries and burial grounds, as well as halal certification.

Following the meeting, His Majesty visited the Ministry of Religious Affairs, which houses several units under the Islamic Religious Council before making a stop at the Islamic Da’wah Centre.

The Brunei Times

Sunday, February 28, 2016

http://www.bt.com.bn/frontpage-news-national/2016/02/28/hm-questions-delay-syariah-law-enforcement

Sultan of Brunei bans Christmas celebration in public places, Muslims to attend its celebration

BANDAR SERI BEGAWAN

SULTAN  of Brunei Darussalam, Hassanal Bolkiah, has declared that anyone found illegally celebrating Christmas could face a five year jail sentence. The conservative Muslim country on the island of Borneo stated the punishment would apply to anyone found sending festive greetings – or wearing Santa hats.

The Telegraph reported, at least 65 per cent of 420,000-strong population of the oil-rich state are Muslims. Non-Muslims are allowed to celebrate Christmas – but they must do so only within their communities and first alert authorities.

“These enforcement measures are intended to control the act of celebrating Christmas excessively and openly, which could damage the aqidah (beliefs) of the Muslim community,” said Minister of Foreign Affairs in a statement.

In a warning to Muslims earlier this month, a group of Imams warned that any celebration -not in any way related to Islam- could lead to “‘tasyabbuh’ (imitation) and unknowingly damage the ‘aqidah’ (faith) of Muslims.

“During Christmas celebrations, Muslims following that religion’s acts – such as using their religious symbols like cross, lighting candles, making Christmas trees and singing religious songs, sending Christmas greetings, using signs praising the religion, putting up decorations or creating sounds and doing anything that amounts to respecting their religion – are against Islamic faith,” the Imams stated, according to the Borneo Bulletin.

They added, some may think that it is a frivolous matter and should not be brought up as an issue. But as Muslims and as a Zikir Nation, Brunei must keep it (following other religions’ celebrations) away as it could affect Islamic faith.

Some Brunei residents rejected the ban, by posting Christmas pictures on social media using the #MyTreedom hashtag.

Brunei, a former British protectorate, is run as an absolutist Muslim monarchy by Sultan Hassanal Bolkiah, 67.

Political discontent is limited thanks to a high standard of living and free education and health care, although members of the royal family have been criticized for their extravagant lifestyles.

Last year, the sultan caused controversy by introducing Sharia criminal law, which allows for punishments including stoning, whipping and amputation

Republika

Tue, 22 December 2015

 

http://www.republika.co.id/berita/en/international/15/12/22/nzqzl2317-sultan-of-brunei-bans-christmas-celebration

 

Indonesian expats urged to study Syariah law

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

THE Indonesian ambassador yesterday urged Indonesian expatriates to familiarise themselves with Brunei’s new Syariah Penal Code to avoid any misunderstanding with law enforcement.

Her Excellency Nurul Qomar told a gathering of more than 100 Indonesian nationals that it was “important for them to know the provisions contained in the Syariah Penal Code.”

The Indonesian embassy held a second briefing on the new legislation for its nationals yesterday at the Youth Centre in the capital. The first briefing, which was attended by more than 200 people, was held back in November 2013.

“We are the biggest foreign community here, some of our nationals may not do the right thing sometimes, so we just want them to behave according to Bruneian law,” she told The Brunei Times.

Indonesian Ambassador to Brunei Darussalam Nurul Qomar. Photo: BT

Four Indonesian nationals were detained for khalwat (close proximity) earlier this week, prompting speculation they would be the first people to be charged under the Syariah Penal Code, which came into force on May 1, 2014.

The ambassador said the Immigration Department had contacted the embassy to inform them of the arrest but declined to indicate whether the authorities would proceed with criminal charges.

Khalwat is defined under law as an unmarried man and woman isolating themselves in close proximity that “can lead to suspicion they are committing an immoral act”.

Offenders can be fined up to $4,000 or jailed for up to one year.

The Brunei Times
Monday, June 23, 2014

http://www.bt.com.bn/frontpage-news-national/2014/06/23/indonesian-expats-urged-study-syariah-law

Myanmar expats seek advice on avoiding ‘khalwat’

Quratul-Ain Bandial
BANDAR SERI BEGAWAN

MYANMAR expatriates in Brunei yesterday raised concerns of being accused of khalwat (close proximity) under the Syariah Penal Code, if they are found working too closely with colleagues of the opposite sex.

Under the recently-introduced legislation — which ushers Islamic laws into Brunei’s legal existing system — non-Muslims can be fined up to $4,000 or jailed for up to one year for committing khalwat with a Muslim.

Khalwat is defined by law as an unmarried man and woman isolating themselves in close proximity that “can lead to suspicion they are committing an immoral act”.

Myanmar ambassador, Yin Yin Myint, said several citizens asked about how to avoid being charged with close proximity.

“In the case of doctors, when he is with a patient in the room without a chaperone. In the case of university students, when they go for field work… How close is close? And whether working together very closely will be punishable under the Syariah law.”

Government officials conducting the briefing said as long as no suspicion has been aroused, men and women can work side by side.

“If they have to work very closely, we were told don’t create a suspicious situation like going behind a tree or far away from the crowd,” the envoy told The Brunei Times.

There are approximately 500 Burmese citizens working in Brunei, with some 200 employed as doctors and engineers. Teachers, labourers and domestic workers make up the rest.

The ambassador said the embassy was particularly concerned about ensuring semi-skilled labourers, such as construction workers, understand the new law.

“For those categories like construction workers, we are more concerned. Any misunderstanding or misinterpretation may amount to a breach (of the law). We want them to be very clear on the provisions,” she said.

To help citizens understand the Syariah Penal Code, Yin Yin said the embassy would translate the briefing into Burmese and distribute the notes to its citizens.

“Even for us it’s very complicated to understand, but gradually this kind of briefing will help them.”

The phased introduction of the Syariah Penal Code began on May 1, 2014.

The Brunei Times
Sunday, June 15, 2014

http://www.bt.com.bn/news-national/2014/06/15/myanmar-expats-seek-advice-avoiding-%E2%80%98khalwat%E2%80%99

Kuwait supports Brunei’s Syariah law implementation

The head of the delegation from Kuwait National Assembly, Deputy Speaker Mubarak Bunaya Al-Khurainij, during an interview with The Brunei Times. Photo: BT/Waqiuddin Rajak

Waqiuddin Rajak
BRUNEI-MUARA

BRUNEI’s move to carry out the Islamic law could potentially lead to another strengthening of the bilateral ties with Kuwait, said the Deputy Speaker of the Kuwait National Assembly yesterday.

“In Kuwait, we have a high committee (in charge of the law) and we wish for Brunei Darussalam to have a committee too,” Mubarak Bunaya Al-Khurainij said in an interview with The Brunei Times.

He said that this would allow both countries to work together towards more mutual understanding on the issue, since both Brunei and Kuwait shared Islamic values.

The move to implement the Islamic law, said the deputy speaker, was an internal decision made by Brunei and this should be respected by other countries.

“Therefore, international communities should see the reasons behind Brunei’s decision to apply the law and they should respect it,” he said, urging them to respond in a convenient way..

“And we also wish for Brunei Darussalam to handle the issue carefully and wisely,” he added.

The ties between Brunei and Kuwait were historical ties that were built upon mutual respect, he said, adding compliments to Brunei’s positive stances to issues related to the Arab world.

“The last visit made by His Royal Highness the Crown Prince to Kuwait initiated a new face of bilateral relationship between both countries,

Especially in finding ways to enhance more bilateral cooperation,” he said, adding that their visit to the Sultanate was also an outcome of His Royal Highness’ visit earlier this year.

“InsyaAllah, maybe in the future, more agreements will be signed between both countries,” said the deputy speaker.

During the interview, he said that the delegation will also hold a meeting with the Brunei Investment Agency (BIA).

“It will be an opportunity for both sides to further discuss and find ways to enhance the opportunities for joint investments and financial cooperation,” he said.

“We hope that more officials from our side will visit the (Sultanate), InsyaAllah, perhaps our financial and business sectors will have the chance to meet their counterparts in Brunei towards fostering a more concrete cooperation.”

This is the first official visit by Kuwait to Brunei since bilateral relations between the countries was established in 1990, he said.

The Brunei Times
Saturday, June 7, 2014

http://www.bt.com.bn/frontpage-news-national/2014/06/07/kuwait-supports-brunei%E2%80%99s-syariah-law-implementation

In search of tough, spiritually powerful generation

BANDAR SERI BEGAWAN

IT’S encouraging to see our youth standing up to defend the decision by our ruler His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussa-lam to implement the Syariah Penal Code Order 2013, a law prescribed based on the commandments of Allah the Almighty, the All-Knowing, All-wise and All-Just.

After seeing for quite some times our country — which has the sovereign right to uphold a law that we believe most appropriate and the best for our people — came under the constant criticisms from foreign sources/quarters — we finally witness our youth — the pillar and future leaders of the nation — expressing their support to and strong determination to defend the Syariah Law.

Over a hundred of youths grouped under JABaT (Jalinan Akrab Belia Terunggul – Association of Excellent Youth), a group who cares for the nation, love the divine law and has a strong spirit and nationalism to do something to defend and contribute to the country, signed yesterday what is called Youth Declaration of undivided support of the country and the divine law and handed it over to the Ministry of Culture, Youth and Sports.

Launching a program they call “Brotherhood that Supports Syariah” due to concern on wild allegations, biased criticisms and un-Islamic view points towards the Syariah, JABaT designs and organises programs to help youth learn and understand more about the Syariah implementation.

Addressing the youth gathering on Tues-day, the Minister of Culture, Youth and Sports, Yang Berhormat Pehin Orang Kaya Pekerma Laila Diraja Dato Seri Setia Hj Hazair Hj Abdullah lauded the young professionals for standing up to defend His Majesty’s noble decision to enforce Syariah Law by voicing out their support and unwavering stance against all the criticisms, ridicules and scorns coming from outside the country. “I feel proud and appreciative towards JABaT program initiative – with the concept of ‘Youth to Youth’ – in demonstrating the unity and cohesion among youth of the country by sharing the knowledge on the Syariah Penal Code.”

He said that the event makes the country proud seeing the rise of the young professionals and their unity in defending His Majesty’s government’s decision to implement the Syariah Penal Code.

InsyaAllah, this is only the beginning of a much bigger movement with the youth as the main mover. We are eager to see the rise of a generation of youths, who care so much for their nation and Islam; who strive with every effort to emulate and achieve the level of faith and religious knowledge of the “salafus shalih” — the first generation of Islamic community after our beloved Prophet Muhammad (SallAllaahu ‘Alayhi wa Sallam) — ; who have a higher sense of shame and fear of Allah the All-Knowing, All-Hearing and All-Powerful; who are aware/conscious that the Exalted Lord is always watching whatever they do, and who are diligent in performing solat (prayers).

We want to see youths who are spiritually powerful in facing the multi-dimensional challenges of the modern world. The real powerful man is not the one who is able to beat his or her enemy, but the one who could control himself. As the Prophet (SallAllaahu ‘Alayhi wa Sallam) said in a hadith narrated by Abu Hurayra’: “The strong (man) is not the one who overcomes the people by his (physical) strength, but the powerful is the one who controls himself while in anger.” (Bukhari: Book 8: Volume 73: Hadith 135) The Prophet is telling us something which is the first dimension of empowerment – the spiritual empowerment.

Being a Muslim in today’s world takes courage, insight and perseverance. Sometimes we may be tempted to give in a little and compromise but the Muslim who is close to Almighty Allah will immediately recognise that this thinking takes him far from Allah the Almighty and hence, losing the light of faith and insight.

A true Muslim will never abandon the obligatory five-times-a-day prayers (Solat). And, whatever is the situation, there’s no compromise whatsoever in fulfilling this essential obligation. A true Muslim loves doing prayers – obligatory or recommen-ded (Sunnah) – because he/she knows and is aware that it is through Solat he/she is able to communicate directly with his/her Lord the Almighty.

Some things should never be compromised. A Muslim should not lie, steal or harm others. We should never manipulate others, be corrupt or come near to adultery and we should steer clear of drugs and alcohol and all dangerous substances. If we do things that Allah the Almighty has prohibited us to do, we only damage our-sel-ves, for the Creator in His mercy has outlined what is good for us and what is not. We are the losers if we bypass His wise and loving legislation.

Hopefully, by having these qualities as Muslims it will be easier for us to achieve the aspiration of becoming a Zikir Nation, where the people have their hearts and minds always in the remembrance of Allah the Almighty. Only by gaining this status will we have a tough generation who won’t simply be budged by Allah’s tests here in this world because we are aware that our ultimate goal or aspiration is the eternal happiness in the hereafter. InsyaAllah.

The Brunei Times/Editorial
Fri, 6 June 2014

http://www.bt.com.bn/opinion/2014/06/06/search-tough-spiritually-powerful-generation

Defending the Syariah Law (3)

Pehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

ORANG kata: 2+2=5, 2×2=7, kitani terus percaya! Hence, this observation: “JATUH MENJATUH BUDAYA MELAYU” (Ref: Utusan Malaysia, 5 March, 2002). The ISLAMIC brotherhood highlighted in the Quran is irrelevant to us!

And ponder on this: Mr Crawford, the Governor of the Straits Settlements in 1823, wrote a dispatch to the Government of India. He stated that in his observation, the ECONOMIC WORTH of the following races is thus: One Chinese is equal to two Indians or four Malays. (Ref: “The Manners and Customs of The Chinese Of The Straits Settlements” by J D Vaughan.)

Why, because basically we don’t exert ourselves. Our “bumi dipijak, disitu kita mati” has always been full of fruits, tropical shoots and rivers swarmed with fishes. “Cukup sahari, esok ada lagi. Akhirnya pergi arah citi! Orang maju, kitani dengki/benci. Sasama sendiri, berbelah bagi.”

Now, to cut it short, we are being challenged by those self-righteous human rights crusaders on the implementation of our Divine Shariah Law. These are “powerful” anti-Islam pressure group elements backed by anti-Islam Western Media. How to unite, fortify ourselves so as not to “berbelah bagi”?

To quote the Malaysian Minister Datuk Seri Najib Razak: “Humanrightism, a liberal way of thinking that places human rights and (man-made) secular law above (ISLAMIC) religion……is dangerous to Islam”.

“We will never accept and give in to their demands for the right to reject ISLAM or deny the implementation of ISLAMIC teachings, which have been done through Syariah Law” (“Nation Must Combat Liberalism”, New Straits Times,14 May 2014).

By the way, in this New Straits Times, May 20, 2014, page 15, there is an excellent robust defence for Brunei Darussalam against those Western-Secularists’ attacks on the implementation of our Syariah Law. (Ref: “Seeing The Stars, Not The Light” by Syed Nadzri, an award-winning columnist. NST, May 20,2014)

Humanly, we don’t expect to be able to win over those anti-ISLAM/MUSLIMS crusaders, but only Allah Subhanahu Wata’ala Decides and Determines What, When and How changes and events happen to mankind and the entire world. So, we must fortify ourselves with KNOWLEDGE and EXPERTISE in strongly advocating ISLAMIC SYARIAH LAW to the world. Hence these verses:

“With clear arguments and Scriptures and Reminder that thou may make clear to men that which has been revealed to them, and that gladly they may reflect.”Verse 44: Surah Al Nahl (The Bee) (16)

“Call to the way of thy Lord with wisdom and goodly exhortation and argue with them in the best manner”. Verse 25: Surah Al-Nahl (The Bee) (16)

Clearly, the Divine Advice “call to the way of thy Lord with wisdom” and “argue with them in the best manner” should have made us ensure from the beginning that we possess the deep and wide knowledge of ISLAM/SYARIAH LAW. But that alone is insufficient, we need to be rich in the eloquence of fortifying our explanations, answers and statements; we cannot be amateurish. No second rate quality is acceptable, the attitude of “kalau tak ada rotan, akar pun jadilah” is self-defeating! We must not just have “rotan”, we must have “steel wires”!

Not surprisingly, our “half-baked knowledge is self-destructive.” Sadly, it is not shocking that these weaknesses have been exploited by the enemies of ISLAM, they’ve even become a tongue-in-cheek pun amongst critical locals on the knowledge /expertise weakness; their quality lacunae.

Man-made laws are complex, but Divine Laws are more challenging, intriguing and sublimely strict in application: no margin or room for errors, no favour and fear, because the implementers (the Syariah Authority) are directly answerable to Allah Subhanahu Wata’ala.

Thus, the pun which went round was on words such as “Masjid”, “Haji” & “Azan” which due to half-baked explanations have become the items of “cynical debate” amongst those “interested”. How could the words “Masjid”, “Haji” and “Azan” be “haram” for our non-Muslim friends to utter them, when these words have been part of the integral socio-cultural-administrative lingua franca for years amongst the Muslims and non-Muslims. Let’s take “Masjid” for example, I believe dozens of Brunei’s mosques have been built by non-Muslim contractors and workers. As for “Azan”, what is the accurate word to substitute it with: “Azan = orang panggil sembah Tuhan“?!

Furthermore, what about those would be reverts to ISLAM? They have to learn and be guided on practicing the Shahadah.

They have to practice it consistently and memorise it, before the actual time for their voluntary utterance of solemnly accepting ISLAM.

The Brunei Times
Thu, 5 June 2014

http://www.bt.com.bn/letters-editor/2014/06/05/defending-thesyariah-law-3

Defending the Syariah Law (2)

Pehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

SOME estimates say that by the year 2020, Muslims will make up nearly half of all Europeans, not to mention a substantial part of the population of the Americans. (Ref: “Why ISLAM?” by Mrs K Sherman, a native of New York.)

“According to the World Christian Encyclopedia figures, the 962 million global Muslim population in 1990 has risen to 1.2 billion today, out of a total world population of 6.2 billion. That figure is expected to climb to 1.8 billion by 2025, and to 2.3 billion by 2060. According to Canadian Society of Muslims estimates, Muslims will comprise 30 per cent of the world population by 2015.” (Ref: Born in Mekah, Spreading across world”, The Brunei Times 24 Oct 2008).

Actually, this sublime spread of ISLAM was/is Promised by Allah Subhanahu Wata’ala in this verse 19 of Surah Al-Fath (The Victory)(48):

“And many gains which they will acquire. And Allah is ever Mighty and Wise.”

Ponder on this: “The more I read, the more convinced I became that ONLY ISLAM can bring peace and happiness. In ISLAM, we are not born in sin and do not need redemption, and our salvation depends entirely on our own actions.” (Lady Evelyn ZeinabCobbold in the book “Why ISLAM-The world’s fastest growing religion.”)

Wherever, whenever I could, I studied the various published explanations, comments, answers given by those religious professionals from our Religious Authorities. Having heard and read some of those explanations, comments, answers so proffered, they drove this cold surge of concern which chilled my head and spine. They prompted me to forewarn myself that “sooner or later they would recoil on us — that day would happen”,that “half-baked knowledge is self-destructive”, that “zealots are self-defeating, attracting ridicule”, that “a perfect tool can inflict self-injuries to its novice user — the family”, that “we would shoot our own foot”.

What’s sad and embarrassing is that it has happened, as per your various reports quoted above.

The Religious Authorities seemed to have been caught napping. This was a serious lapse; while the enemies were lurking, we were soundly sleeping. Simply “relying” on Allah Subhanahu Wata’ala’s protection that we have “implemented” His Syariah Law! What an over-confidence!

Subsequently, those lapses while we were off-guard have prompted the Monarch to personally, publicly make a royal command to the Religious Authorities to “end the confusion over the Syariah Law.” This very sad and embarrassing happening should have been promptly rectified by the Religious Authorities.

In my article published by your Paper on March 21, 2014, I openly stated that:

“The country’s religious officers must obviously possess deep and wide knowledge of Syariah: must not simply, perfunctorily read from prepared papers. This is because Bruneians nowadays are having agile minds and are being exposed, day and night, at their fingertips, to cyber information and disinformation about ISLAM and ISLAMIC authorities.”

I feel this Divine directive in the Quran regarding these lapses is apt:

“….ask those who have knowledge, if you yourselves do not know.” Verse 43: Surah Al-Nahl(The Bee)(16)

This “half-baked knowledge is self-destructive” prompted me to recall what Yang Berhormat Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr Hj Awang Mohd Jamil Al-Sufri, our venerable national historian had related to a group of us, while having a breakfast with him on 10 Sept 2013, the following colonial insolence in this quartet:

“BRUNEI BORN,
BRUNEI BRED;
STRONG IN BONE,
WEAK IN HEAD.(!!!)

I feel that this an opportune juncture to spur us to seriously, courageously prick ourselves with introspective self-criticism. A bad wound heals, but insolent words fester. This colonial insolence on the Brunei Malays goads me to once again risk my neck by stating thus: My years of observation convince me that our socio-cultural-mental psyche of “bersopan-santun-pemalu” has unwittingly molded us as a docile race. Thus, what we have been experiencing regarding the onslaughts on our MIB is an indication, again and again, that our docility has been taken advantage of rendering us as easy prey. To the extent that when having been pushed to the corner by those opportunistic interests we meekly feel that it is in our best interests to just yield our head on a golden platter. Hence, what jolly nice, polite Malays, they are. We swallowed the laced bait!

But sadly, when it comes to any slight friction amongst ourselves, we the Malays bare our “strong bones” at each others’ throats. No quarters given. “Sudah jatuh di-timpa tangga; di-suruh lagi di-tunggap buaya. Perek-perek ya sampai inda berdaya.”

The Brunei Times/Letters
Wed, 4 June 2014

http://www.bt.com.bn/letters-editor/2014/06/04/defending-thesyariah-law-2

The hysteria of Brunei’s sharia-based penal code

Sheikh Alomgir Ali

ON the 30th of April 2014, the Sultan of Brunei announced the introduction of Islamic laws relating to criminal justice. May the 1st was the official enforcement date for the first phase of the ‘Syariah[1] Penal Code Order’, which incorporates Islamic laws into the existing criminal justice system. The Sultan stated: “Today I place my faith in, and am grateful to Allāh the almighty, to announce that tomorrow, Thursday 1st May 2014, will see the enforcement of sharī‘ah law phase one, to be followed by the other phases,” he said, according to the AFP news agency.

This incident can be discussed from a number of different angles, ranging from the motives of such a move to the overall method used to implement such measures. However, this article will primarily focus on two issues: an analysis of the reaction of the international community and a response to the reaction.

The reactions
From amongst the reactions, the UN’s human rights office said this month it was deeply concerned about the changes, alleging that women typically bore the brunt of punishment for crimes involving sex.

“It’s a return to medieval punishment,” said Phil Robertson, deputy Asia director for Human Rights Watch. “It’s a huge step back for human rights in Brunei and totally out of step with the 21st century.”[2]

There were further statements of concern from the Ministry of Defence and other bodies as well. A spokesman for the Foreign Office said: “We are concerned about Brunei’s decision to introduce a sharia criminal code. Ministers have raised questions about the law’s implications and pressed for a lenient approach.”[3]

There was even a celebrity-driven boycott of a hotel owned by the Sultan of Brunei whereby people gathered outside the building holding placards with provocative and sensationalist statements like “Stop Brunei’s Taliban-like laws”[4] against the Sultan and his wish to implement laws derived from the same religion that the Taliban happen to follow.

Putting aside the case of Brunei for a moment, is it really wrong for an independent, autonomous nation to implement a system that it believes to be appropriate, especially if the majority of the people also wish for such a system?

Is it wrong to implement medieval rules?
Has the essence and the philosophy of the Islamic penal code been misunderstood and are Islamic laws barbaric and inhumane?

Is sharī’ah another term for the Islamic penal code?

It is critically important that we understand the reality of these questions and their answers because the above points are shaping the discourse of the current situation in Brunei.

‘Medieval Practices’

‘Backwards’, ‘outdated’, ‘stone age’ are all loaded terms that we often hear in the media with the aim to malign some of the teachings and practices of Islam. It is true that Islam promotes practices that were practiced centuries ago; however that does not necessarily mean that such practices are wrong or are no longer viable. In fact, in all societies you will find medieval practices, whether it be related to trade, like the use of currency, or penal code, like the concept of imprisonment, and so on.

In reality, such methods of argumentation are indicative of a fallacious method of debating; namely the use of the Argumentum ad Novitatem (appeal to novelty) argument.This is essentially when someone prematurely claims that an idea or proposal is correct or superior, exclusively because it is new and modern, and hence anything that is old is considered to be no longer viable. Investigation may prove these claims to be true for particular cases, but it is a fallacy to prematurely conclude this only from the general claim that all novelty is good. Although there may be correlations between novelty and positive traits in certain cases, like technology for example, we cannot make that an absolute reality for all matters in life, especially when dealing with values and traditions.

Muḥammad Quṭb noted that it is not surprising that many Europeans adopt such an argument since they had a very dark history that was marred by the oppression of the church and because they had experienced the ‘dark ages’.[5]

The opposite of an appeal to novelty is an appeal to tradition, in which one argues that the “old ways” are always superior to new ideas. This likewise is not an absolute truth as well, however as Muslims we must concede that certain laws and practices are more appropriate, not because they are older, but because they originate from the Divine and hence are the best for humanity whether we realise it or not. In the very first chapter of the Qur’ān Allāh (subhānahu wa ta’ālā) teaches us how to supplicate to him:

“Guide us to the straight path, the path of those whom you have favoured…”[6]

Notice how the past tense has been used to illustrate how we, as Muslims, should aspire to follow the footsteps of the righteous that came before us, by following their examples that were set for us.

The above point should serve as a strong lesson for Muslims who knowingly or unknowingly[7] lack confidence in the divine scripture and its injunctions. It is unfortunate that some minds hesitate in declaring the excellence and perfection of some of the laws of Allāh (subhānahu wa ta’ālā), and in many cases this is due to their lack of certainty in Allāh (subhānahu wa ta’ālā):

“But who is better than Allāh in judgment for a people who are certain [in faith]?”[8]

Therefore, the one who lacks certainty will be denied from seeing the excellence and perfection of the laws of Allāh (subhānahu wa ta’ālā).

It is also interesting to note that the Argumentum ad Novitatem and its implications was used by the disbelievers during the time of the Prophet (sallAllāhu ‘alayhi wasallam):

“And among them are those who listen to you, but We have placed over their hearts coverings, lest they understand it, and in their ears deafness. And if they should see every sign, they will not believe in it. Even when they come to you arguing with you, those who disbelieve say, “This is not but legends of the former peoples.”[9]

This brings us to the next question:

Has the essence and the philosophy of the Islamic penal code been misunderstood?

The sharī’ah is the only real system that tackles the matter of crime and punishment from all angles at the same time. In Islam, dealing with crime doesn’t begin with confirming whether the crime was committed; rather it begins firstly by seeking to prevent crime from occurring in the first place in a unique manner. Allāh (subhānahu wa ta’ālā) and His Messenger (sallAllāhu ‘alayhi wasallam) addressed the heart first to be conscious of Allāh (subhānahu wa ta’ālā) which would then impact the person’s behaviour:

“Indeed there is a morsel of flesh in the body; if it becomes sound the rest of the body will be sound, and if it becomes corrupt, the rest of the body will be corrupt. Indeed, that morsel of flesh is the heart.”[10]

He also (sallAllāhu ‘alayhi wasallam) said:

“Be conscious of Allāh (subhānahu wa ta’ālā) wherever you may be, and follow up a sin with a good deed and it will erase it, and behave well towards people.”[11]

It is also interesting to note that the relationship between man and law in secular societies is predominantly that of enforcement, whereas in Islam, it is essentially a matter of conscious and voluntary obedience. The difference in premise has a huge impact in the manner in which people interact with the law and which can be suitably exemplified by the Prohibition act in America in the early 1920s, in which the production and sale of alcohol was largely banned. The act led many people to go underground to produce and sell alcohol which eventually led to the flourishing of organised crime. However, when alcohol was prohibited during the time of the Prophet (sallAllāhu ‘alayhi wasallam), it was said that the streets of Madīnah were flowing with alcohol without the need of strict enforcement. This is because the hearts of the Muslims were conscious of an all-Seeing Creator who could see all of their hidden actions.

‘Ā’ishah (radiy Allāhu ‘anha) said:

“Know that the first thing that was revealed was a Sūrah from the mufaṣṣal[12] chapters, and in it was mentioned Paradise and the Fire, and so when the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: ‘Do not drink alcoholic drinks.’ people would have said, ‘We will never leave alcoholic drinks,’ and if there had been revealed, ‘Do not commit illegal sexual intercourse, ‘they would have said, ‘We will never give up illegal sexual intercourse’.”

This doesn’t mean that an Islamic society will be free from crime or that members of the society will be like angels. However, a society that has members that are God-conscious will naturally be more law-abiding and more distant from crime. This is because a godless society is more prone to crime if its people believe they can escape being caught and charged for crime.

Moreover, the intention of punishing someone for a crime is not to merely punish them, but also to deter people from committing the crime in the first place. Hence in an abstract sense the punishments for certain crimes may seem harsh, but in actuality they are serving a higher purpose in preventing the crime occurring.

Allāh (subhānahu wa ta’ālā) says regarding the law of retribution:

“And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.”[13]

It is not sufficient to look at the criminal himself when he commits the crime, but the consequences it has on the society and the minds of others have to be taken into consideration. Whilst the threat of pain may be inflicted on some criminals, the overall benefit the society receives from that will be unimaginably greater, as can be seen from the virtually zero theft statistics historically in countries where this was applied.

Another aspect that has to be considered as well is that when a person is penalised under Islamic law it acts as expiation for the sin itself. The Prophet (sallAllāhu ‘alayhi wasallam) said regarding being penalised for certain crimes: “And whoever indulges in any one of them and gets punished for it in this world, that punishment will be an expiation for that sin. And if one indulges in any of them, and Allāh conceals his sin, it is up to Him to forgive or punish him (in the Hereafter).”[14]

Having such an attitude towards criminal law is what leads people to even confessing their crimes without even being caught! Take the example of Mā’iz bin Mālik (radiy Allāhu ‘anhu):

“O Messenger of Allāh! Purify me,” whereupon he said: “Woe to you, go back, ask forgiveness from Allāh (subhānahu wa ta’ālā) and turn to Him in repentance.” He (the narrator) said that he went back not far, then came back and said: “O Messenger of Allāh! Purify me.” Whereupon Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) said: “Woe to you, go back and ask forgiveness of Allāh (subhānahu wa ta’ālā) and turn to Him in repentance.” He (the narrator) said that he went back not far, when he came back and said: “O Messenger of Allāh! purify me.” Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) said as he had said before. When it was the fourth time, Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) asked: “From what am I to purify you?” He said: “From adultery”, Allāh’s Messenger saw) asked if he was insane. He was informed that he was not insane. He asked: “Has he drunk wine?” A person stood up and smelt his breath but noticed no smell of wine. Thereupon Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) asked: “Have you committed adultery?” He said: “Yes.” He then finally made a pronouncement about him and he was stoned to death.

The people had been divided into two groups about Mā’iz. One of them said: “He is destroyed for his sin has overwhelmed”, whereas another said: “There is no repentance more excellent than the repentance of Mā’iz, for he came to Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) and placing his hand in his hand said: ‘Stone me’.” This controversy about Mā’iz remained for two or three days. Then the Messenger of Allāh (sallAllāhu ‘alayhi wasallam) came to them (his Companions) as they were sitting. He greeted them with salutation and then sat down and said: “Ask forgiveness for Mā’iz bin Mālik.” They said: “May Allāh (subhānahu wa ta’ālā) forgive Mā’iz bin Mālik.” Thereupon Allāh’s Messenger (sallAllāhu ‘alayhi wasallam) said: “He (Mā’iz) has made such a repentance that if that were to be divided among a nation, it would have been enough for all of them.”[15]

Is the Islamic Penal Code barbaric?

It must be made clear from the onset that the reason why Muslims primarily accept Islamic laws is because we believe that they are divine and it is a duty upon Muslims to accept them whether they agree with our inclinations or not. Allāh (subhānahu wa ta’ālā) says:

“Warfare is ordained for you, though it is hateful unto you; but it may happen that you hate a thing which is good for you, and it may happen that you love a thing which is bad for you. Allāh knows, whilst you know not.”[16]

This is a point that differentiates a Muslim and a non-Mulim’s outlook of Islamic law. Therefore, for non-Muslims to appreciate our acceptance of Islamic law, they must understand that we do so because of our belief that Allāh (subhānahu wa ta’ālā) legislates for us laws that are best for us whether we realise their benefits or not. Otherwise, if our acceptance or rejection of Islamic law was based on our own personal preference, we would have no need for Divine guidance from Allāh (subhānahu wa ta’ālā) since it would have to be measured against our own personal preference.

“What is [the matter] with you? How do you judge? Or do you have a scripture in which you learn, That indeed for you is whatever you choose? Or do you have oaths [binding] upon Us, extending until the Day of Resurrection, that indeed for you is whatever you judge? Ask them which of them, for that [claim], is responsible.”[17]

Whilst man in the 21st century has achieved so much in terms of technology and advancement, there has been no other creation that has inflicted so much harm on the planet and its inhabitants more than the human race. Whether we realise it or not, our minds are limited in scope in determining what is best for mankind unless we seek guidance from the one who knows us the best: our Creator.

“Should He not know, He that created? And He is the One that understands the finest mysteries (and) is well-acquainted (with them).”[18]

Our views about what laws are best for mankind cannot be deemed correct by our mere conviction of them or our admiration of them. Allāh (subhānahu wa ta’ālā) says:

“[They are] those whose effort is lost in worldly life, while they think that they are doing well in work.”[19]

Hence, whilst some minds may consider certain Islamic laws as being barbaric, others will consider them to be the essence of justice, just like how a child may view certain disciplinary measures of his parents to be extremely harsh and unfair, but due to the wisdom and foresight of the parents, those measures are in the best interests of the child even though he may not realise that.

Thus, it has to be made clear that Allāh (subhānahu wa ta’ālā) may issue rulings that may differ with our deficient intellects. Therefore, the discourse surrounding the Islamic penal code should not revolve around whether it is barbaric or not, but rather whether it is truly Divine or not and where these laws originate from. This discussion can only be made fruitful though if we free ourselves from our own personal biases and inclinations.

Notes:
[1] Sharī’ah

[2] http://www.theguardian.com/world/2014/apr/30/sultan-brunei-sharia-penal-code-flogging-death-stoning

[3] http://www.independent.co.uk/news/world/asia/international-outcry-as-brunei-introduces-sharia-law-and-takes-country-back-to-the-dark-ages-9308088.html

[4] http://www.blogcdn.com/slideshows/images/slides/260/563/9/S2605639/slug/l/womens-rights-lgbt-and-human-rights-groups-protest-sultan-of-bruneis-human-rights-policies-1.jpg

[5] See Ḥawla Taṭbīq ash-Sharī’āh, by Muḥammad Quṭb p.76-101, Maktabah as-Sunnah, Cairo, Egypt.

[6] Al-Qur’ān 1:5-6

[7] Such as by calling for a suspension of the Islamic penal code without the desire to re-implement them or by claiming that the implementation of the penal code would oppose the higher objectives of the Sharī’ah.

[8] Al-Qur’ān 5:50

[9] Al-Qur’ān 6:25

[10] Agreed upon (Bukhāri and Muslim)

[11] Tirmidhi

[12] Chapters 50-114 of the Qur’ān according to one understanding of the scholars.

[13] Al-Qur’ān 2:179

[14] Al-Bukhāri

[15] Muslim

[16] Al-Qur’ān 2:216

[17] Al-Qur’ān 68:36-40

[18] Al-Qur’ān 67:14

[19] Al-Qur’ān 18:104

Ustadz Alomgir has a BA in Arabic & English language and has studied Arabic and Islamic studies in Cairo. He is currently pursuing a degree in Shariah at al Azhar University in Cairo. He has translated a number of books and holds weekly Tafseer classes in London and is a regular Khateeb in a number of mosques in London. He also taught Arabic and Islamic studies at the Tayyibun Institute in London and is currently an instructor for the Sabeel retreats and seminars.

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Way to prevent risk of ‘khalwat’ at hotels in Brunei

BANDAR SERI BEGAWAN

HOTEL personnel are advised to carry out their duties professionally when they are alone with guests in their rooms to avoid being accused of khalwat (close proximity), or other offences under the Syariah Penal Code Order 2013.

There are times when staff, particularly those in housekeeping, have to be alone with guests in the rooms and the matter of whether or not this constituted as khalwat was raised yesterday during a question and answer session following a briefing on the Islamic penal code for The Empire Hotel & Country Club personnel.

One of the panel members, Syariah Legal Officer Deputy Senior Counsel from the Attorney General’s Chambers (AGC) Hjh Hasanah Hj Hasan, reassured the audience that as long they act within the boundary of their profession and job description, and there is no suspicion that they are committing an immoral act, then it is not considered as an offence.

Khalwat refers to an unmarried man and a woman cohabiting, or living in confinement or isolating themselves in close proximity that can lead to suspicion that they are committing an immoral act.

This applies to any man and or woman or more who are not mahram (a relative who they not permitted to marry such as a father or brother/mother or sister).

The law states that any Muslim who commits khalwat is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both. Any non-Muslim who commits khalwat with a Muslim is guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.

Other concerns raised include time for staff to perform their religious duties such as Friday prayers (for male Muslims) and break fast (during Ramadhan).

Hjh Hasanah said that accommodating the religious obligations of Muslim employees, such as giving them time and facilities in which to perform them, is the reponsibility of the management of respective organisations.

A male mukallaf (accountable to hold religious responsibilities) who is caught not performing the Friday prayers, without uzur syar’ie (difficulties acceptable in syariah) or without any reasonable excuse, can be fined under the newly-enforced Syariah Penal Code Order.

Inciting or persuading any Muslim to neglect their religious duty, such as persuading them not to or prevent any Muslim from attending any mosque to perform Friday prayer, is also an offence.

However, male staff may occasionally exempt themselves from attending the obligatory Friday prayers (which must be performed in a congregation) in order to work, the panel said.

There was also a question on whether the hotel’s dress code for women was acceptable under the law. The panel clarified that there is no specific offence in the Order regarding dress code or clothing.

However, any clothing that constitute indecency may fall under Section 197 of the Syariah Penal Code Order (indecent behaviour) which carries a penalty of imprisonment for a term not exceeding six months, or a fine not excedding $2,000 or both.

The other three speakers were from the Ministry of Religious Affairs: Pg Khairul Nazri Pg Hj Shahbudin from the Islamic Legal Unit; Deputy Prosecutor Syarie, Mahani Hj Suhaili; and Syar’ie Legal Officer, Hjh Safa Safiyah Hj Gharif.

The first two hours explained the offences contained in the Syariah Penal Code Order. Some 225 personnel attended the briefing.

The Brunei Times
Fri, 23 May 2014

http://www.bt.com.bn/news-national/2014/05/23/way-prevent-risk-khalwat-hotels