7-Eleven Revisited

Also appearing in http://mt.m2day.org/2008/content/view/25344/84/,
http://tilianker.blogspot.com/2009/08/seven-eleven-revisited.html
By Ti Lian Ker

The rule of law, also called supremacy of law, simply means that the law is above everyone and it applies to everyone. Whether governors or governed, rulers or ruled, no one is above the law, no one is exempted from the law, and no one can grant exemption to the application of the law.

Under our Rukunegara this spirit is stated as " Keluhuran Perlembagaan" and "Kedaulatan Undang-Undang".

The recent calls by Datuk Dr.Hassan Ali, PAS Exco Member in Selangor that the proposed guidelines regulating the sale of beer be made in tandem with provisions in the Syariah Enactment (Selangor) 1995 is flawed and bad in law. Now PAS is calling for a blanket ban on the sale of beer in Muslim-majority areas.

PAS is effectively extending the Syariah laws onto Non-Muslims under the pretext of Muslim sentiments. We are ruled by law and not sentiments based on race or religion.

PAS had called upon the implementation and enforcement of provisions of the Syariah Enactment on all Muslim-majority areas throughout Selangor. Dr.Hassan had defended the high handedness of local council enforcement officers purely based on sentiments without regard to the law. He said " the actions of the officers are justified based on the sentiments of a Muslim-dominated neighbourhood".

When asked about the rights of the Non-Muslims, Dr.Hassan said that the Non-Muslims could easily buy their beer from the many shops outside Muslim majority areas. He blamed Barisan Nasional for their failure to implement or force this through. PAS as usual is one up against Umno when it comes to showing their arrogance and intolerance in absolute disrespect of the Non-Muslims rights provided by the law. Have they no regard for civil laws?

Ronnie Liu, the Exco Member in charge of the Local Government portfolio could only stutter by saying " As the exco member in charge of the local government portfolio, I have the right to question the actions of the local authorities. Selangor PAS cannot stop that".

He added " No local authority can be bigger than the state executive council".

Where is Lim Kit Siang while all the beer issue was brewing? Uncle Kit closing one eye?

Liu had got it all wrong when he can only talked about who is bigger? Of course PAS has always asserted and insisted that they are the political muscles and the biggest party in PAKATAN. Only DAP and Lim Kit Siang are kidding themselves by misleading the public into believing that they can contain this bull called PAS.

Ronnie Liu is off the mark when he talked about who is bigger: is he subscribing to child's play or gangsters' chain of command? He should be talking of the law and should take in no nonsense. PAS' reliance on the Syariah Enactment is flawed because the party cannot in effect extend the provisions of the Muslim enactment and have it imposed on Non-Muslims.

The Syariah Enactment is not applicable vis-a-vis civil law to Non-Muslims. Remember Hadi's assurance that PAS syariah and hudud laws are not enforced upon Non-Muslims unless they chose to subscribe to its jurisdiction.

Syariah Enactment is a personal law enforceable only on Muslims. Non-Muslims have their secular civil and criminal laws and it is clearly provided that Non-Muslims can buy and sell beer canned and bottled, without any restriction or license. If PAS cannot respect an express provision of the law, how can we ever trust PAS to rule the nation and be fair to the Non-Muslims? How can DAP falsely assure the community into confidently voting for PAS?

Secondly, PAS should not discriminate against the Non-Muslims as their jurisdiction is confined to the Muslims. Ronnie Liu should advise his PAKATAN partners ( PAS leaders) to concentrate on their dakwah activities and not imposed prohibitions and penalties on Non-Muslims. They have no right to act outside the law or imposed additional restrictions or prohibitions ultra-vires on others.

Thirdly, PAS cannot rule the country based on the sentiments or emotions of a few aggressive intolerant leaders who are out to be heroes in their communities. The enforcement officers cannot act based on the sentiments of a Muslim-dominated neighbourhood. What if this Muslim neighbourhood so decides to chase out Non-Muslims from their neighbourhood one day? What about the Non-Muslims rights, liberties, sentiments and feelings?

Will Dr. Hassan then say "Too bad, this is the sentiment and desire of the Muslims and the Non-Muslims can always move away to another neighbourhood since Malaysia is a big country?" His arguments that Non-Muslims have to drive further away to purchase beers is dumbfounded and/or discards the existence of DAP as a political partner.

I had in the year 2005 forced the Government officers, the elected representatives and the State Assembly to respect and uphold the law when local authorities confiscated canned beers from Seven-Eleven in Kuantan. In the end it was conceded that even during the Prophet's time, the Non-Muslims were allowed to buy and sell beer. Only Muslims were forbidden and prohibited.

I am just a small State Assemblyman in Kuantan. Ronnie Liu is my village friend and is a big shot in Selangor. He is the Chairman of the Local Government portfolio and the Selangor Exco Member. Of course he is bigger and the biggest person in charge of this portfolio. I do not expect a lesser result from either Ronnie Liu, Lim Kit Siang or DAP....

The rule of the majority must prevail with due respect to the minority. PAS cannot continually push the minority to give in and sacrifice their rights and liberties under the guise of respecting the majority--exerting such a sentimental pressure is bully.

Any compromise of our legal rights and liberties expressly provided by the law is blasphemy...

Where is the spirit of Karpal Singh's "over my dead body" ?