The Malaysian Insight

DIALOGUE is the way to deal with disagreements over views regarding Islam instead of lodging a police report, said constitutional law expert Prof Shad Saleem Faruqi, who is being investigated by the police for a column in a local newspaper.

The prominent law professor confirmed that a police report had been lodged by Malaysia Islamic Strategic Research Institute (IKSIM) for his article ‘Religious radicalism on the rise’ published on November 23 in The Star.

“Police recorded my statement about ten days ago. I’ll let the police investigate.

“My intention is basically to point out that our constitution is mixed, hybrid and plural. Islam has a very exalted position but as of yet, as things stand under the law, it’s not yet the highest law of the land.

“(And) I always believe in writing in moderation but it’s their right, I think the ideal thing to do is if I write something that you don’t like, you should write something in reply. To have an intellectual discourse,” he said when met after the forum ‘Does religiosity lead to authoritarianism?’ in Kuala Lumpur today.

He said he is being investigated under the Section 504 of the Penal Code, which  deals with intentional insult with intent to provoke a breach of the peace.

According to a report by Ikatan Muslimin Malaysia (Isma) on its website, IKSIM had lodged the police report against Shad, The Star and Sin Chew Daily on the same day the article was published. The police report was lodged at Putrajaya police district headquarters.

IKSIM chief executive officer Prof Mahamad Naser Disa was quoted as saying that the article had painted IKSIM as a radical organisation.

Shad had written in his article that he was responding to a March 28 booklet by IKSIM which argued that “secularism, liberalism and cultural diversity are elements that will undermine the Islamic agenda and destroy the country’s sovereignty”.

He wrote that he was shocked to read that IKSIM viewed ‘cultural diversity’ as a threat to Islam and to the country.

“IKSIM’s views paint Islam as a despotic and intolerant religion. In fact, Islam is an intellectual and cultural mansion with many rooms. Doctrinal and cultural diversity existed in Muslim societies even in the days of Prophet Muhammad,” he said in the article, adding that the booklet challenged the supremacy of the Federal Constitution.

When met today, Shad said he had stated in his writing that IKSIM’s views of Islam and the legal system was only an aspiration.

“I want to present the picture of the constitution as it stands. (IKSIM’s views) are an aspiration for change but aspiration should not be confused with reality.

“I have nothing against them personally, mine is an academic discourse and much of it can be found in my book published in 2009.

“I wrote the article to say that the constitution is supreme, Islam has a very high position but Islam is still not the basic law of the land, it’s an aspiration but you must separate fact from aspiration,” he said, adding that he was not trying to defame anyone in his writing.

The emeritus professor at Universiti Malaya added that debates were one of the ways to help people grow in ideas.

“We learn from each other, no one has monopoly of truth and I certainly accept that my views have to grow and change but it should be done in an intellectual way.

“Even in Islam, there is a concept of Shura, concept of Ijtihad, concept of disagreement. Prophet Muhammad had his followers disagreeing with him.

“In the holy Quran, diversity of views is accepted as a blessing so I think as long as we have good faith and as far as I’m concerned, I wrote in good faith,” he said.

According to its website, IKSIM has the consent of the Council of Rulers and is a group that is free from any political influence. It was formed in 2014 to ensure the sovereignty of Islam and Malay Rulers.

It was a joint collaboration by the National Islamic Affairs Council (MKI), Department of Islamic Development Malaysia (Jakim), Federal Territories Islamic Religious Council (MAIWP) as well as the state islamic councils. – December 18, 2017.