News:
On Nov 26, 2014, the Malaysian Prime Minister, Datuk Seri Najib Tun Razak presented a white paper entitled “Towards Addressing Threats of Islamic State (IS) Groups” in Parliament in acknowledging the continued threat of violence within and outside the country. Consequently, on April 7, 2015, the Prevention of Terrorism Act (POTA) 2015 was passed without amendment at the Parliament at about 2:25 am after a debate of more than 12 hours. POTA was passed to “fight the growing global threat of terrorism” but is also noted to curb basic civil liberties, which is why arguments continue to surround the preventive detention law. Under the proposed law, police can arrest any person without a warrant as long as they suspect the person is involved in terrorist activities. These suspects can be detained for up to two years, which can also be extended indefinitely. There is also no guarantee of legal representation for the suspects. Under POTA, suspects cannot have their case heard in any court as judicial reviews are not allowed.
Comment:
The passing of POTA is in reality an effort to revive the defunct Internal Security Act (ISA). Although POTA states that no person shall be arrested and detained solely for his/her political belief or political activity, the political activity prescribed must be lawful, which connotes that whatever activity, although it is political in nature, but not allowed by the government, can be categorized as terrorism. There is thus no difference between this law and ISA which was originally enacted to curb the activities of the communists, but was consequently extensively used by the government on its political enemies. There is no guarantee that this new law will not be used by the government as ISA had been used before this.
The fundamental element that makes this law contrary to Islam, as far as Islamic law of evidence is concerned, is that POTA gives the government the authority to detain a person for a very long time by only mere suspicion, not by evidence and this is clearly in violation to Islam. It is this very element that is used by the Malaysian government on its political enemies, which seems convenient, in that the enacting of POTA manifests the government’s effort in going hand in hand with what the United States of America (US) wants. We all know that the “war on terrorism” has been aggressively promoted by the US across the globe, especially in Muslim countries, targeting Muslims as “terrorists” in this war. Any activities that are not in line with US interests, not to mention endangering the US, especially activities to re-establish the Islamic State (Khilafah), despite being carried out politically, fall under the definition of “extremism” and “terrorism” by the US. And on this, the US wants all Muslim rulers to side with them in her “war” to curb the efforts of sincere Muslims in implementing Islam under the auspices of the Khilafah. It should be clear, however, that real acts of terrorism or violence or taking up of arms to overthrow the government or to cause chaos or disorder, including killing people without rights, Muslims or non-Muslims alike, are wrong and sinful acts that deserve punishment. We unequivocally reject any form of violence and the offender must be brought to justice and tried, but not arrested and detained only on grounds of suspicion. The wrongdoer must be tried and punished in accordance with what Allah سبحانه وتعالى has revealed.
POTA is another example of man-made law that is contrary to Islam, born from the womb of democracy. POTA, just like ISA and other man-made laws, are realized because they are approved by the majority of lawmakers through the democratic process. As long as this Kufr system is practiced and upheld, all kinds of laws, no matter how cruel the laws may be, can easily be approved. The question is, where do these lawmakers obtain the authority to enact such laws if not from the people who elected them? Hence, sincere Muslims must work to uproot this damaging Kufr system and come hand in hand with those who are working day and night to establish the Deen of Allah سبحانه وتعالى by way of re-establishing the Khilafah upon the method of Prophethood.
Written for the Central Media Office of Hizb ut Tahrir by
Dr. Muhammad – Malaysia