The issue of ISA had been spread throughout Malaysia, some people might agree with the establishment of ISA in order to secure our country. Our ministers from the government, who is MUSLIM, defend their opinion that we need this Act to govern the society. I as a Muslim derive apart from their opinion although I am Muslim too! Why and why I did not agree? Before this, with the ignorance that I have in myself, maybe I would choose the opinion that we really need this Act. I did not say that all the ministers from the government are ignorance, but the facts and figure from religion, history itself said that indeed, they are. I have to said that I disagree of the law and Act of ISA because after I done a research as a Muslim, and I found if we are a Muslim, our religion is Islam, we should know that Islam do protect the rights and welfare of the ummah, which are the Muslim and the dhimmis. One of the rights that Islam protect is the security of personal freedom that I will briefly discuss on this post.
The Security of Personal Freedom
Islam has also laid down the principle that no Citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reason- able opportunity to produce his defence is not permissible in Islam. It is related in the hadith that once the Prophet was delivering a lecture in the mosque, when a man rose during the lecture and said: "O Prophet of God, for what crime have my neighbours been arrested?" The Prophet heard the question and continued his speech.
The man rose once again and repeated the same question. The Prophet again did not answer and continued his speech. The man rose for a third time and repeated the same question. Then the Prophet ordered that the man's neighbours be released. The reason why the Prophet had kept quiet when the question was repeated twice earlier was that the police officer was present in the mosque and if there were proper reasons for the arrest of the neighbours of this man, he would have got up to explain his position. Since the police officer gave no reasons for these arrests the Prophet ordered that the arrested persons should be released.
The police officer was aware of the Islamic law and therefore he did not get up to say: "the administration is aware of the charges against the arrested men, but they cannot be disclosed in public. If the Prophet would inquire about their guilt in camera I would enlighten him." If the police officer had made such a statement, he would have been dis- missed then and there. The fact that the police officer did not give any reasons for the arrests in the open court was sufficient reason for the Prophet to give immediate orders for the release of the arrested men.
The injunction of the Holy Quran is very clear on this point. "When- ever you judge between people, you should judge with (a sense of) justice" (4:58). And the Prophet has also been asked by God: "I have been ordered to dispense justice between you." This was the reason why the Caliph 'Umar said: "In Islam no one can be imprisoned except in pursuance of justice." The words used here clearly indicate that justice means due process of law. What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges.
If the Government suspects that a particular individual has committed a crime or he is likely to commit an offence in the near future then they should give reasons for their suspicion before a court of law and the culprit or the suspect should be allowed to produce his defence in an open court, so that the court may decide whether the suspicion against him is based on sound grounds or not and if there is good reason for suspicion, then he should be informed of how long he will be in preventive detention. This decision should be taken under all circumstances in an open court, so that the public may hear the charges brought by the government, as well as the defence made by the accused and see that the due process of law is being applied to him and he is not being victimized.
In a nutshell, Islam is the religion with divine rules and regulation and not with the law of the jungle that we might simply use or enact law accordance to our nafs. People will be ignorance, arrogant, and a servant, servant of Satan and nafs when they do their worldly matters with their nafs not their aql. The example had been laid down by the prophet crystal clear, yet there are still many Muslim people that have power to govern a society to understand it or they just pretend that they don’t understand it. Yet, when they ignore the task, the teaching of their religion, what else can we address them with? If not an ignorance that arrogant person.
Ed.alfirdaus
21 oct 08
11.23 pm
