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Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts

Sunday, March 25, 2007

Why?!

People have asked me recently how I reconcile my being Muslim with the work I am doing through Article 11 and as a lawyer in the area of civil law-Islamic law. Some have even asked desperately "Why?!" And when that does not satisfy, there are those who resort to name calling. Two days ago, in what has become a common refrain, I was once again referred to as "syaitan".

So, why?

Firstly, I do not see religion being involved at all. The issue is one of law. If I disagree with the suggestion that the syariah courts have jurisdiction over certain matters, that is not a disagreement with the principles of Islam. As a lawyer, I apply the law as it is provided. I cannot bend the law, nor should it be bent. Under our system all of us are guaranteed an equal right to access impartial and objective justice. Not that that is an unacceptable thing.

Secondly, in Islam everyone - muslim or otherwise - is to be treated justly. Justice is equally impartial and objective. Justice meted out through a syariah court does not make it that much more just than that through a civil court. Justice is justice. It looks to substance, not form. There is no such thing as Islamic justice and non-Islamic justice.

In that vein, I do not see any difficulties reconciling what it is I do with the Islam that I know and cherish. The religion that I know as Islam does not enjoin oppression of the disadvantaged nor persecution. The Islam that I know enjoins compassion, mercy and above all justice for all of God's creations.

So does the Constitution. It is a compact which all of us must honour. The traditions of the Holy Prophet illustrate the principle that justice is justice. A compact which serves the good of the community and the aims of fairness, even if arrived at by non-Muslims, must be honoured. As must the law. To say otherwise is to invoke the religion to countenance a wrong. That is wholly reprehensible.

As a human I will not tolerate an injustice. As a Muslim I am obligated to fight it to the end.

MIS