The February 18, 2017 rallies for and against the bill to amend the 1965 Criminal Jurisdiction Act, known as RUU 355, have opened yet another political and social schism in Malaysian society.
RUU 355 began as a private member’s bill by the Pan-Malaysian Islamic Party’s (PAS) president Hadi Awang and seeks to raise the penalties for certain crimes that fall under the jurisdiction of sharia courts in Malaysia.
Public opinion appears divided on the issue, as the continued politicisation of religion takes precedence over authentic religious debate.
Some see the amendments to RUU 355 as a facade for the eventual entry of hudud — Islamic — penalties into the country. PAS held the rally in support of the bill, which drew a reported 20,000 people, while the counter rally was organised by the non-governmental organisation Bebas and drew a much more modest crowd of around 200.
Malay-Muslims want islamic law
Support for the bill is significant enough. Various surveys, including one conducted recently among university students, indicate Malay-Muslim support for the amendment to RUU 355 and for the implementation of Islamic laws. The pro-RUU 355 rally emphasises this and the numbers indicate some level of moderate success for PAS — mobilising 20,000 odd people for a rally is no small feat.
But as the subject of this bill is central to the party’s aims, larger numbers should have been expected. This suggests a difficulty in appealing to urban folk and that mobilised supporters from other, more remote parts of the country account for the majority of the turnout.
The counter RUU 355 rally, held at the same time, but at a different location to the PAS gathering, better demonstrates the mood regarding the bill.
While the opposition Democratic Action Party (DAP) was critical of the bill when it was first announced, it eventually distanced itself from the counter rally completely. The only DAP name who attended was Zaid Ibrahim, and that was in his individual capacity rather than as a party member.
The DAP’s absence is unsurprising as the issue puts it in a difficult position: the DAP may not support the bill, but attending the counter rally would cement the perception that they are an anti-Malay and anti-Muslim party.
The discourse surrounding this issue has been very black and white; support for the bill is seen as a Muslim’s religious duty, while opposition to it is deemed vehemently anti-Islamic.
The general public’s low attendance at the counter rally suggests that the issue was not significant enough to take to the streets in numbers. For Malay-Muslims, the fear of reprisal for attending a rally seen as anti-Islamic is a significant factor in keeping people away.
It appears easier for the pro-RU 355 rally to draw Malays, as the narrative is more populist, keeps with a conservative Islamic position, and is supported by major Malay parties such as the United Malays National Organisation (UMNO) and PAS.
As for non-Muslim participation, it appears this issue is neither relevant nor attractive enough to drag would-be participants out of bed in the morning. They can hardly be blamed; many voices from the pro-RU 355 camp repeatedly state that the amendment will not affect non-Muslims.
RUU 355 exasperating existing religious divide
Although this amendment does not mean that non-Muslims are suddenly going to be tried under sharia, having two legal systems for two different groups of people brings the notion of equality before the law into question.
For a multicultural country that should seek to be inclusive instead of exclusive, these amendments are not helpful, especially when considering the knock-on effect it will have on the country as a whole.
Past cases of overlapping jurisdiction between sharia and civil courts, such as conversion cases or burial rights of non-Muslims indicate that the separation of the courts is not clearly defined.
While the bill aims to raise the penalties for certain crimes under sharia such as murder and theft, some constitutional experts argue that these crimes fall strictly under the purview of federal law, not sharia. This bill exacerbates an already highly polarised society divided along racial and religious lines.
It is also another episode in the overall Islamisation trend happening in Malaysia that directly and indirectly affects all groups in society. Various incidents in the past few years point to how religious relations in the country can easily sour.
In 2015 a church was forced to take down its cross display, while recently there have been issues with the usage and distribution of paint brushes containing pig bristles. There is now moral policing of a dress code at government buildings.
The issue is complicated further because it is primarily for political rather than religious purposes. Putting aside PAS’ ambition to see this through, the bill is an obvious affirmation of the party’s own religious credentials.
In the current climate this helps to regain the trust of PAS’ core supporters, which also explains why the UMNO has jumped on the RUU 355 bandwagon. It helps the UMNO bolster its image at a time when the administration has suffered a dip in popularity. The timing of this issue is also convenient, as elections are due to be held by 2018.
It will not therefore be surprising if RUU 355 passes next month when it comes before parliament. Opposition members who oppose RUU 355 are likely to be absent from the vote for fear of being branded anti-Islamic.
If the amendment to RUU 355 passes, the biggest concern is whether it will worsen existing racial and religious polarisation in the country. Given the political dimension of RUU 355 and the looming general election, a more inclusive Malaysia is not yet on the horizon.
This article was written by Rashaad Ali, a research analyst with the Malaysia Programme at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University, Singapore. This article was first published on RSIS before appearing on East Asia Forum under a Creative Commons license and is reproduced here with its permission.
Feature video CGTN
- RUU 355 Rallies: Gauging Support For Islamic Law In Malaysia – Analysis (Eurasia Review)
- Kuala Lumpur rally calls for stricter Islamic law (Aljazeera)
- The influence of Islamic law (Herald Malaysia)
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