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October 28, 2006

Malaysia: Minister To Apologise To Couple Bothered By Islamic Officials

On October 14, a US couple who were holidaying on the Malaysian island of Langkawi, off the coast of the northern state of Kedah. Malaysia prides itself on a myth it promotes, that its version of Islam is "moderate" and tolerant, the so-called "Islam Hadhari", even though no Muslim in Malaysia has ever been allowed to convert to another faith. The details are carried by Singapore's Electric Paper, Associated Press via the International Herald Tribune and the China Post, and Agence France Presse via the Khaleej Times and the Gulf Times.

On October 14, when 62-year old Randall K Barnhart and his 61-year old wife Carole were in their vacation condominium, they discovered how intolerant and obsessive Malaysia's version of Islam can be. In the early hours of the morning, Islamic officials raided their hotel, looking for couples who were involved in "khalwat". This is defined as "close proximity between a man and a woman who are not married", and is forbidden. This is not about sexual intercourse itself, but about the "possibility" of sexual intercourse.

According to the New Straits Times, six men from the State Religious Department pounded on their door at 2 am. Randall Barnhart did not know who the six individuals in blue uniforms were, and refused to let them in. He said that they had been threatening and aggressive.

The religious officials demanded to see Barnhart's "woman", which was done. The religious police then demanded to see the couple's marriage certificate. Barnhart said: "I told them I did not have it on me... Next, they demanded to see our passports, so I showed them. They took down our passport numbers and noted that we were from the US. Then one said 'thank you' and shook my hand."

For a moderate Muslim nation, such activity seems more appropriate to a communist state, prying into the affairs of foreign visitors. Langkawi is a popular tourist destination, and is regarded as a major venue for those who enjoy sailing. The Barnhart's were on a six-week sailing holiday, and Randall had been thinking of Malaysia as a second home.

Mrs Barnhart, who had been married for 42 years to Randall, was terrified by the incident and felt she could no longer continue her stay on the island. She insisted on returning to the United States.

Mr Barnhart issued formal complaints to the police and to the US Embassy, and has demanded a letter of apology from the Kedah state religious department. He also wants the Kedah Islamic authorities to provide compensation of 4,315 ringgit (1,183 dollars). This sum is trivial. Most Malaysian states have adopted the controversial Control and Restriction of Propagation of non-Muslim Religion (Federal Territories) Bill l999., which allows fines of 10,000 ringgit or $2,653 and terms of imprisonment for up to one year for anyone guilty of "persuading, influencing a Muslim to leave Islam for another religion." The compensation should be at least higher than the fines that are meted out under state laws.

The crime of "khalwat" is a non-crime. It merely implies that close proximity to a person of the opposite sex is bound to lead to sexual relations. Unlike western law, where a person is innocent until proven guilty, Islamic law assumes that a person will naturally fall into sexual misconduct. Such a law exists in Saudi Arabia, and their religious police (Commission for the Promotion of Virtue and Prevention of Vice) arrested and jailed a 70-year old disabled woman in June for entering a shop where only the male shopkeeper was present.

In June, 2002, the religious authorities in Kedah state arrested 28 people in shopping malls and cinemas for the "crime" of khalwat. After being given "stern warnings" the 28 people were allowed to go home.

Malaysia celebrated its 49th anniversary of independence from British rule with fireworks on August 31. British rule may not have been fair, but its legislation never contained anything quite as ridiculous as the law against "possible" sin, the "khalwat" law.

Khalwat is a law which is often inflicted upon married couples, who are not able to produce marriage certificates. Kedah is not the only state to have such Kafkaesque enforcement of "khalwat". In 2000 in Perak state, Islamic department fanatics arrested a Malay couple who had been married for 21 years. The couple were handcuffed and kept in separate police stations. They only gained their freedom when a friend produced their marriage certificate.

For anyone to travel to Malaysia and not be aware of the suspension of normal legal norms over issues as petty as this, is the height of folly. Religious laws and their fanatical enforcers do not obey logic. The treatment of the Barnharts, a Christian couple, happily married for 42 years, is a prime example of the irrationality of Malaysian law.

From the age of 12, each Malaysian is issued with an identity card, or MyKad. This card notes one's religious and ethnic status. And all Malays are automatically listed as Muslim. No Muslim is allowed to apostasise, and attempts to appeal legally have been met with resistance. Article 11 of the constitution states that a citizen can follow any religion of their choosing, yet Article 121 (1A), which was introduced in 1988, states that civil courts have no jurisdiction over "any matter" which falls under the jurisdiction of the Islamic Courts. So Islam rules. The Islamic courts have never allowed a Muslim to change their faith. And for the Christian Lina Joy, who is still waiting to hear the results of her appeal to the highest courrt in the nation, as she is still listed as a "Muslim" she is legally prevented from marrying her Christian boyfriend.

Yet the Malaysian authorities, while keeping its population under strict control, still want Western tourists to come and spend their money in the nation. For this reason, the Barnhard case has caused embarrassment to the tourism minister, Adnan Mansor. He is worried that the case will damage the nation's image.

Mansor says he has "communicated with Barnhart through emails and plan to meet him soon". He has demanded reports from the Kedah chief minister and the state religious department. Last year, the government limited the powers of the religious departments, informing them that they needed police permission to conduct raids. Any raids conducted by these departments should be made in the presence of police officers.

And for anyone thinking of visiting Malaysia on tourist visits or business, you do so at your own risk. Article 18 of the Declaration of Human Rights states: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance." Until Malaysia conforms to this principle, and removes Article 121 (1A) from its statute books, the not-so-moderate Muslim nation should be boycotted.

Posted by Giraldus Cambrensis at October 28, 2006 12:55 PM

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