Zaid: Form new coalition to defend secular Malaysia

 

MCA, DAP, MIC and East Malaysian parties must form a new coalition with Malays who want democracy and rule of law, says former de facto law minister Zaid Ibrahim's Facebook page.

"About time Malaysians say enough is enough. Our country is secular and that's how it must continue to be. Worth fighting for," states another one of his posts.

In his blog, Zaid launched a scathing attack on Muslim leaders in Peninsular Malaysia, saying that what has gone wrong with the country must be attributed to their failures.

Their counterparts in Sabah and Sarawak, he noted, were not fixated on "Islamising" the country.

According to Zaid (right), Muslim leaders in the peninsula suffer from what behavioural psychologists call "the inadequacy syndrome".

"This is manifested by these leaders' constant need to enhance their own self-esteem, even though they end up creating bigger problems as a result.

"They feel unappreciated and therefore need to posture more in the extreme to gain the desired recognition. They can only be sedated by giving them the rope to hang DAP, suspend Malaysiakini and bring about Islamic criminal laws to replace the Penal Code," he added.

Zaid said that Muslim leaders in Umno and PAS were weak and unwilling to admit that this country was founded on the principles of a secular democracy.

"Yet they are also afraid to embrace the Islamic theocracy that’s demanded by Islamists for fear of losing their comfortable lifestyle and privileges. This hypocritical uncertainty is causing all sorts of problems to the system of governance.

"If we are a democracy then we must protect basic human rights. Our civil court system must be the superior one when it comes to determining the application and constitutionality of all laws in the country.

"If, on the other hand, we are an Islamic state first, then human rights are subject to the overriding power of Muslim laws and tenets. The Syariah courts must then determine and establish first legal principles," he added.

'We cannot live in this charade forever'

These fundamental issues, Zaid stressed, must be decided once and for all.

"It's not enough for the BN to let MCA do the talking for them, ostensibly defending a secular government while Umno continue their double act of being pro-Islam. Similarly, DAP leaders defend secular principles on behalf of Pakatan Rakyat while Anwar Ibrahim and PAS stick to the Islamist agenda.

"These Muslim leaders are a weak bunch, fearful of being honest with the people because what's paramount for them is holding the seat of power. The people should realise that they have been fooled for a long time, and must now collectively stand up and be counted. We cannot live with this charade forever," he added.

Zaid also took Inspector-General of Police Khalid Abu Bakar (right) to task for his statement on the custody dispute between a non-Muslim woman and her convert ex-husband.

"The police admitted openly that they are not able or willing to act against anyone who disobeys a court order, apparently because they were told that there are two conflicting orders on the same subject matter – one from the Syariah courts and the other from the civil courts.

"A senior police official declared that a father could not possibly abduct his own son, regardless of what the court says. This same policeman will one day say that a husband could not possibly rape his wife, or that any sexual crime requires four witnesses, regardless of what the law says," he said.

"Now the police have become the ultimate interpreters of the laws of the land. No one dares to correct them or to interpret for them. They have become what they are because our politicians are always afraid to stand up for the right thing.

"These Muslims leaders don't dare table the necessary changes to the laws on civil marriage or to Muslims family laws in Parliament (which were amended years ago and are still waiting for Parliament to pass them)," he added.

There is only one legal system

Zaid pointed out that the strange perception that Malaysia has a dual legal system is false.

Personal laws for Muslims, explained the lawyer turned politician, are part of the main system and not meant to override the main body of laws in the country.

"Yet no one is prepared to publicly declare that the civil High Court is the superior court under the constitution. The Syariah courts are limited in terms of its jurisdiction and applicability. It is only for Muslims in selected matters.

"It's illogical to say we have two systems coexisting in parity when they are totally different in scope and power. Our civil courts must be able to make a ruling to determine if the Syariah Court has applied the law correctly; otherwise, what we get is the chaos we are seeing today," he added.

Zaid said if these "weak Muslim leaders in the peninsula" want to put syariah above all else, the leaders in Sabah and Sarawak need to take a stand.

"The right thing to do is amend the federal constitution and declare that Islamic laws are the foundation of all laws. Then the Syariah Court will be superior to the High Court. We might not even need the High Court by then.

"It would then also be opportune to declare that the Quran is the highest law of the land and that the federal constitution is subject to it. At least then we would know where we stand. These leaders must not be allowed to continue confusing everybody, including our policemen," he added.

Go all the way on hudud

As for hudud, Zaid said the issue has resurfaced with Muslim groups and politicians in the peninsula wanting hudud to be implemented but no such call has been made in either Sabah or Sarawak.

"Not one leader in Umno or PAS has so far dared to oppose this motion. All right, let's do it for the entire country then, and for all Malaysians to feel the full effects of Islamic criminal law. I am okay with this as long as it applies to everyone.

"What I find objectionable is the attitude of these weak leaders. Why the ridiculous suggestion to move a Private Members Bill to achieve this objective? Why is the law being made applicable only in Kelantan? Why exclude non-Muslims from the application of hudud? If you are genuinely fighting for Islam, go all the way," he said.

"Let the PM/DPM move the Bill and let Anwar support it. Let's go full steam ahead and ensure all Malaysians are subject to the same laws and punishments. Stop pussyfooting around the issue. Why should non-Muslims be excluded?

"It's this exclusion that has made non-Malays, particularly DAP, gung ho and comfortable with PAS. DAP wants PAS to get to power because that will help them gain power as well, and they are comforted by the promise that hudud will not be applicable to them.

"They are no different from the MCA leaders in the BN, whose job is to make sure the laws are not applicable to the Chinese. Who cares about the Malays and the Muslims who do not want hudud?" he added.