بسم الله الرحمن الرحيم
Is the 355 Bill a Shar’ii Bill?
News:
A large gathering was held at Padang Merbok, Kuala Lumpur on Saturday (18th of February 2017) by supporters of the Bill of Sharia Courts (Criminal Jurisdiction) Act 1965 (Bill 355). Pre and post of the gathering there was an outbreak of disagreement among scholars and politicians concerning the Bill. Arguments that were supposed to be countered by arguments, instead turned into personal attacks which were also responded with personal attacks. As a result, the situation turned sour. Political interests and selfishness began to be manifested as the issue gained momentum. For Muslims whose thinking is clear, this issue can be resolved easily. But for those who are so obsessed with their affiliation towards certain political parties and their aspirations, they will continue to sink in the stagnation of thinking and endless debate.
Comment:
No Muslim has the right to reject the laws of Allah, as this is not only a great sin but can also derail one’s iman. However, the question that needs to be answered in this issue is; is Bill 355 a law of Allah that cannot be denied or disputed? This is the very question that underlies the whole issue. At a glance, the will of the masses in supporting and ensuring that Bill 355 is passed by the Parliament reflects the motivation of the Muslims in their fervent effort to implement Sharia. Unfortunately many do not realize that the will and ambition to implement Sharia must go with the right method.
The path of democracy and secular parliamentary system is never the right way to enforce the Sharia of Allah. This is because the democratic system which is based on the concept of as-siyadah li-sha'bi (sovereignty of the people) places the voice of the majority as a condition before the law, including "Allah’s law". In other words, any law of Allah will not be implemented as long as the majority does not agree! Through this Kufr system, human beings have assumed the role of The Law Giver!! And this is an absolute prohibition and may bring a person to shirk if accompanied by i'tiqad (belief). How could Allah's law be subjugated to the will of the majority? Clearly, the law making process in the parliament will not make any law the law of Allah, because Allah’s law can never be subject to the decision, choice and approval of human beings.
Furthermore, according to the current provisions of Bill 355, the law is not applicable to the unbelievers whereas Sharia is a law applied to everyone, regardless of the people being Muslims, people of the Book or pagans. Sharia also dictates issues where Islamic law is not applied to the unbelievers such as matters related to wedding, clothing, food and beverage. The laws related to jinayat, hudud, ta'zir, mukhalafat and muamalat are applied equally to Muslims and non-Muslims. In the al-Quran and al-Hadith, numerous texts explain that unbelievers are also subjected to the Islamic law. Among others, Allah (swt) says, ﴿إِنَّا أَنْزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُ وَلا تَكُنْ لِلْخَائِنِينَ خَصِيمًا﴾“We have sent down to you the Book with the truth, so that you judge between men by that which Allah has taught you” [TMQ Al-Nisa (4): 105].
Although the Bill has provision for a maximum of 100 lashes and appears to coincide with Sharia, it is important to remember that Islamic law is a law that emanates from the Islamic faith and not from the approval of the majority of man. If a law is implemented on the basis of the choice of the majority rather than on the basis of iman, then what is the difference if a country such as the United States approved a law of 80 lashes for wine drinkers, with Malaysia approving 80 lashes for the same offence? Although the number of lashes correspond to the requirements of Islam, can we say that the United States has implemented the hudud law on alcohol drinkers? The implementation of a law that comes from the approval of man is never the law of Allah, but always man-made laws.
It is indeed really sad to see that Muslims are mobilized to attend the assembly on the 355 Bill, but fail to realize that the assembly is akin to supporting the ‘approval of the Islamic law by the majority’. The gathering also manifests that struggle via the Parliament is no longer effective to implement Islam, and even worse, the mobilization itself is to serve the purpose of democracy being something higher than Islam! May Allah open our hearts to see the truth as truth and falsehood as falsehood and strive to bring Malaysia and other Muslim countries, towards the implementation of Islam in its totality within the framework of the Khilafah "Caliphate" (Caliphate).
Written for the Central Media Office of Hizb ut Tahrir by
Dr. Mohammad – Malaysia