News
On the 10th of February 2015, Anwar Ibrahim, the opposition leader of the Malaysian political scene was found guilty and convicted of sodomy by Malaysia’s highest court. Anwar, 68, is staring at a five-year jail sentence meted out by the Court of Appeal, which in March last year overturned High Court’s decision to acquit him of sodomising his former aide, Saiful Bukhari. As a result of this conviction, Anwar, the opposition coalition (PKR) de facto leader, loses his parliamentary seat. This is the second time that Anwar was found guilty of the same offence. The first sodomy case against Anwar was in 1998, after he was sacked from the government. He was then accused of sodomising his wife’s former driver, Azizan Abdul Bakar but was acquitted in a 2- 1 majority ruling by the Federal Court in 2004. This latest decision does not only invite harsh criticism from within the country, but also ‘annoyance’ from the international community. The US National Security Council spokesman, Bernadette Meehan, said, “The US is extremely disappointed with the conviction, after Anwar was originally found not guilty”. Switzerland also confirmed that they will raise the case of Anwar’s incarceration in a meeting of the Human Rights Council of the United Nations Organization in Geneva.
Comment
Anwar Ibrahim’s conviction for sodomy has raised numerous questions of political conspiracy against him. Some analysts have even claimed that the conspiracy is a confirmed fact! Since Anwar’s first conviction in 1998, there had been speculation that the whole Anwar episode is a part of the ruling party’s (UMNO) scheme to destroy his political career. The truth in this issue is indeed elusive but what is clear is that this conviction has contributed to the continuous erosion of public confidence in the Malaysian judicial system. Indeed, the crisis in the judicial system is a part of an unfortunate chain of the many disasters that befell the country. The worst disaster is manifested in the system of the government itself as a form of taghut system inherited from the British and hence constitute laws that are contrary to Islam. Malaysia adopts what is known as legislative dualism where the courts are divided into the civil and Shariah courts. The civil courts are obviously not based on Allah’s law but neither are the Shariah courts! ‘Shariah laws’ remains as laws enacted by man, which is obviously contrary to Islam! This is democracy which places sovereignty in the hands of the people where laws are made by human beings through a majority vote. In this system, humans boastfully took the role of Allah سبحانه وتعالى as the source of law despite the fact that Allah سبحانه وتعالى has mentioned in the Qur’an:
وَلَا يُشْرِكُ فِي حُكْمِهِ أَحَدًا
“and He (Allah) does not take anyone to share in His decrees”
(Al-Kahf 18:26)
The continuous domination of this infidel colonial legacy serves as a means for prolonging western occupation in Malaysia, which is reflected in the way the rulers of this country thinks and acts. Indeed Rasulullah صلى الله عليه وسلم spoke the truth when he صلى الله عليه وسلم said:
«لتنقضن عرى الإسلام عروة عروة ، فكلما انتقضت عروة تشبث الناس بالتي تليها ، وأولهن نقضاً الحكم وآخرهن الصلاة»
“The knot of Islam will be unravelled knot by knot. Whenever a knot breaks down, the people will hold on to the next knot. The first knot to be unravelled is the knot of governance and the last is the prayer” [Reported by Ahmad].
Now that the knot of Khilafah had been broken, other knots, including those related to judicial issues are being broken – one by one…
In such a controversial case as with this high profile sodomy case, real justice will never be realized. Anwar was charged but no witness was brought in to testify against him. Mr.Saiful Bukhari on the other hand, admitted to have been involved in the act, without force, but was never punished. Since the court that presided over this case is a secular court, none of the Shariah procedures were followed and Anwar was punished without any credible witness testifying against him while the co-actor of the episode was freed. Conspiracy or not, real justice was not served. How can there be justice if Islam is not the rule of the land?
Written for the Central Media Office of Hizb ut Tahrir by
Dr. Muhammad – Malaysia