Is the Federal Constitution in complete harmony with Islam of the Holy Qur'an?
I have just observed that in one sense, the state created under the Federal Constitution is consistent with Islam of the Holy Qur’an.
I had also suggested earlier that the Federal Constitution is the document that evidences the agreement between the peoples of different ethnicities and faiths in present-day Malaysia by which they might live in peace and harmony, enjoying equality and freedoms that are God-given.
Put simply, an agreement was reached to provide for Muslims and non-Muslims to live peaceably within the territory of Malaysia.
Conceptually, would such an agreement offend Islam of the Holy Qur’an?
I do not think so.
“Except those who join a group between whom and you there is a treaty…” – Surah 4 verse 90.
“…if they seek your aid in the way of life ordained, it is your duty to help them, except against a people with whom you have a mutual alliance…” – Surah 8 verse 72.
“…the idolators with whom you have contracted mutual alliances” – Surah 9 verse 1.
The Holy Qur’an plainly evidence that the Holy Prophet entered into alliances, on behalf of the believers, with the unbelievers.
In fact, there is Qur’anic evidence that God commanded the Holy Prophet that he was to abide by the terms of the mutual alliances so long as the other side did the same.
"Except those of the idolators with whom you made an agreement, then they have not failed you in anything and have not backed up anyone against you, so fulfill the agreement to the end of its term. Surely God loves those who are careful." - Surah 9 verse 5.
“How can there be an agreement for the idolaters with God and with His Messenger; except those with whom you made an agreement at the Sacred Mosque? So as long as they are true to you, be true to them; surely God loves those who are careful (of their duty).” – Surah 9 verse 7.
Are the rights guaranteed to citizens under the Federal Constitution inconsistent with Islam of the Holy Qur’an?
Again, I do not think so except, possibly, for one.
Let me first refer to the guaranteed rights, which, in my view, are compatible with Islam of the Holy Qur’an.
The secular state under the Federal Constitution leaves its citizens free to pursue their guaranteed freedoms under Part 2, subject only to such limitations as are sanctioned by the Constitution, most of which, if not all, turn on considerations of public health, morality or order or the security of the Federation.
These rights would include the right to life and personal liberty, which in itself must include the right to marry and raise a family. Freedom from slavery carries with it the right to be engaged in lawful and gainful employment.
Every citizen is entitled to be treated equally before the law and to not be subjected to discrimination on grounds only of his or her religion, place of birth or gender, to move and reside anywhere within the Federation and to form associations.
Citizens have the right to freedom of speech and expression. I suggest that implicit in this is the right to receive information and the freedom to give thought to the same with a view to an informed and reasoned exercise of the right of free speech and expression.
Finally, every citizen has the right to profess and practise his or her religion of choice.
The secular state under the Federal Constitution also gives to the citizens a say in the law-making process, through their elected representatives in Parliament, the MPs.
The one exception which, in my view, offends Islam of the Holy Qur’an, is the reservation of the special position of Malays and the natives of Sabah and Sarawak in the matter of positions in public service, scholarships, educational privileges and facilities, trade or business licences or permits, as prescribed under Article 153.
God’s system in the Holy Qur’an turns on all of man being created equally from a lowly birth. From this common lowly birth, God distinguishes between men by their inclination to righteousness and justice.
“He created man from a drop of sperm…” – Surah 80 verse 19
“…The most honoured of you in the sight of God is the most righteous from among you…” – Surah 49 verse 13.
“What! Do those who do evil think that We shall make them equal with those who believe and do righteous deeds, and that equal will be their share in life and death? Ill is the judgment they make!” – Surah 45 verse 21.
"God sets forth the parable of two men : one of them dumb, with no power of any sort. A wearisome burden is he to his master; whichever way he is directed, no good does he bring. Is then such a man equal to one who commands justice, and is on a straight way ?" - Surah 16 verse 76.
In the distribution of His bounty, God gives as He pleases, taking account of man’s efforts. Man must work for whatever he will have. God’s is a meritocracy system.
“Verily, We have created man into toil and struggle.” – Surah 90 verse 4.
“…It is We who portion out between them their livelihood in the life of this world. We raise some of them above others in rank, so that some may command work from others. But the Mercy of God is better than that which they amass.” – Surah 43 verse 32
“In no wise covet that which God bestows more freely on some of you than others. To men is allotted what they earn, and to women what they earn. But ask God for His bounty. God has full knowledge of all things.” – Surah 4 verse 29.
For completeness, I must mention one other aspect in which, in my view, the system of governance under the Federal Constitution may not sit completely with Islam of the Holy Qur’an. It has to do with concepts of crime and sentencing and the precepts of forgiveness and pardon.
Our system of governance, like that of most other modern states, treats wrongdoings which are criminal as, in addition to offences against the individual victim, offences against the state. The implication that flows from this is that, in most cases, particularly homicide, even if a complaint of a crime by the victim or the next-of-kin of the victim of a homicide is withdrawn, that is not the end of the matter. The individual victim or the next-of-kin of the victim of homicide may have forgiven the crime, but the state has not.
As for principles of sentencing to fit the crime, apart from considerations of deterrence and rehabilitation, our system still retains the notion of the need to punish the offender.
In the Islam of the Holy Qur’an that I have come to understand, there are three categories of wrongdoing.
The first is that which relates to belief and faith in God. This is a wrong between wrongdoer and God to the exclusion of all others and for which God does not give licence to any man to inflict any sort of punishment upon the wrongdoer.
“Therefore do remind, for you are only a reminder. You are not a watcher over them. Whoever turns back and disbelieves, God will chastise him with the greatest chastisement. Surely to Us is their returning back, and surely upon Us is the taking of their account.” - Surah 88 verses 21-26.
The second category is where the wrongdoer fails to fulfill any one or more of the things that God enjoins upon us as deeds of submission to Him. Take, as an instance, a man who is unkind to his parents and, though of means, refuses to make provision for the orphans. His parents and the orphans are, in the Qur’anic sense, ‘victims’ of his wrong, but God does not give licence to either to retaliate the ‘wrong’ done to them. Instead, God enjoins the ‘victims’ to forgive the wrongdoer, and to leave the matter in the Hands of God.
"Tell those who believe to forgive those who do not look forward to the Days of God. It is for Him to recompense each people according to what they have earned." – Surah 45 verse 14.
The final category of wrongs is what I would call the ‘survival of the society’ wrongs. Murder and theft, for example, if allowed by society to go unchecked, may spell the end of that society. For these, God has given leave, within the limits (hudud) He has set, for retaliation commensurate to the wrong. Yet even for these ‘survival of the society’ wrongs, God enjoins the victims to forgive.
“O, you who believe, the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, and the woman for the woman. If, however, remission is made by the brother of the deceased, then grant any reasonable compensation with much gratitude. This is a concession and a mercy from your Lord. After this, whoever exceeds the limits (hudud) shall be in grave chastisement” – Surah 2 verse 178.
“Those who, when an oppressive wrong is inflicted upon them, help and defend themselves, the recompense for an injury is an injury equal thereto. Yet if a person forgives and makes reconciliation, his reward is due from God, for God does not love those who do wrong. There is no blame on one helps and defends himself if a wrong is done to him. The blame is only on those who oppress men with wrongdoing and insolently transgress beyond bounds through the land, defying right and justice. For such, a grievous chastisement awaits them. Yet if any show patience and forgive, that would truly be an affair of great resolution.” – Surah 42 verses 39-43.
I understand God’s constant enjoinment to forgive to suggest that the retaliatory limits set by God do not countenance any notion of punishment.
It would also be appropriate to observe here how the concept of ‘hudud’ in the Holy Qur’an has been so violently re-worked and presented as God’s criminal code of punishment. The word “hudud” appears in 9 verses in the Holy Qur’an. These are Surah 2 verses187, 229 and 230, Surah 4 verses 13 and 14, Surah 9 verses 97 and 112 Surah 58 verse 4 and Surah 65 verse 1. Read in its particular context, “hudud” appears to mean “limits” or “bounds”.
I would approach the concept of hudud as follows. God has prescribed the same way of life for us as was prescribed for Noah, Moses Abraham and Jesus (See Surah 42 verse 13). This way of life is one of attainment of harmony with all creation through submission or surrender to God’s Will. Submission to God necessarily envisages keeping within the bounds (hudud) decreed by God.
‘Hudud’ of the Holy Qur’an, in my view, has nothing to do with a criminal code of punishment.
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