Unmasking the Devil: The Role of the Civil Court and Islamic Religious Authorities in the Battle Against Religious Extremism and Terrorism in Malaysia

Khairil Azmin Mokhtar

Abstract


This paper sets out to examine the role of the court and the Islamic religious authorities in fighting religious extremism and terrorism in Malaysia. The judiciary has obligations to protect the people, to guarantee freedom and to dispense justice. It is the constitutional duty of the Islamic religious authorities to preserve the religion, to safeguard the Muslim and to insulate the teachings of Islam in Malaysia. Under the federal constitutional framework of the country, civil court and federal government do not deal with religious matters because it comes under the jurisdiction of Syariah laws and Syariah court of the states. However, in order to combat religious extremism and terrorism under the pretext of Islam, the demarcation of constitutional power and jurisdiction between federal and state governments is obscured. The federal government which has exclusive legislative and executive powers over criminal matters, public order and security have to collaborate with the Islamic religious authorities of the states in encountering threats coming from religious extremists and terrorists’ groups. Although laws, policies, and agencies relating to internal security, public order and crime are under the jurisdiction of the federal government, the ideological, theological, and philosophical dimensions of religious extremism and terrorism have to be dealt with by the Islamic religious authorities of the states. The civil court on a few occasions faced with challenging tasks of upholding rights of those accused of religious terrorism while at the same time preserving public order, peace, and security of the country. This is a qualitative research which involves legal study and analysis of primary materials including constitutions, legislations, emergency ordinances and court cases, and secondary materials such as books, articles and expert opinions. The symbiosis of federal authorities especially the civil courts, with the Islamic religious authorities of the states is the focal point of this paper. To counter the terrorists’ threats and combat the spreading of the dangerous extremists’ ideologies the court and the Islamic religious authorities need to have mutual understanding and establish cooperation in achieving the common goal. Only then the fight against religious extremism and terrorism in Malaysia is sustainable and effective.

Keywords


Extremism, Terrorism, Religion, Human Rights, Court, Religious Authorities.

Full Text:

PDF

References


Ali, Mohamed. The Roots of Religious Extremism: Understanding the Salafi Doctrine of Al-Wala' Wal Bara'. London: Imperial College Press, 2015.

Abdul Razak bin Baharudin & Ors v. Ketua Polis Negara [Chief of State Police] & Ors, 7 MLJ 267 (2004).

Ahmad Yani bin Ismail & Anor v. Inspector General of Police & Ors MLJ, 4 MLJ 636 (2005).

Bakali, Naved. “Challenging Terrorism as a Form of Otherness: Exploring the Parallels between Far-right and Muslim Religious Extremism.” Islamophobia Studies Journal 5, no. 1 (2019).

Cordesman, Anthony. “Islam and the Patterns in Terrorism and Violent Extremism.” Accessed July 14, 2021. https://www.csis.org/analysis/islam-and-patterns-terrorism-and-violent-extremism.

Fathul Bari bin Mat Jahya & Anor v. Majlis Agama Islam Negeri Sembilan [Nine State Islamic Religious Council] & Ors, 4 MLJ 281 (2012).

Hjh Halimatussadiah bte Hj Kamaruddin v. Public Services Commission, Malaysia & Anor, 1 MLJ 513 (1992).

Hjh Halimatussadiah bte Hj Kamaruddin v. Public Services Commission, Malaysia & Anor, 3 MLJ 61 (1994).

Hamidi, Ahmad Zahid. “Malaysia’s Policy on Counter Terrorism and Deradicalization Strategy.” Journal of Public Security and Safety 6, no. 2 (2016).

Hamm, Mark S. “Terrorist Recruitment in American Correctional Institutions: An Exploratory Study of Non-Traditional Faith Groups.” Accessed July 14, 2021. https://nij.ojp.gov/library/publications/terrorist-recruitment-american-correctional-institutions-exploratory-study-non.

Ismail, Siti Zubaidah. “Menangani Ajaran Sesat di Kalangan Umat Islam: Perspektif Undang-Undang dan Pentadbiran [Dealing with Heresies among Muslims: Perspectives on Law and Administration].” Shariah Journal 18, no. 2 (2010).

Jaafar, Muhammad Izzuddin and Elmira Akhmetova. “Religious Extremism and Radicalisation of Muslims in Malaysia: The Ties with the Mujahidin, Al Qaeda and ISIS.” Journal of Nusantara Studies 5, no. 1 (2020).

Jamaluddin bin Othman v. Menteri Hal Ehwal Dalam Negeri, Malaysia [Minister of Home Affairs, Malaysia] & Anor, 1 MLJ 368 (1989).

Mamat Bin Daud & Ors v. Government of Malaysia, 1 MLJ 119 (1988).

Maqsood Ahmad & Ors v. Ketua Pegawai Penguatkuasa Agama [Chief Religious Authority Officer] & Ors, 9 MLJ 596 (2019).

Majlis Agama Islam Selangor [Selangor Islamic Religious Council]. Ajaran Sesat: Merungkai Kekusutan & Kecelaruan [Heresies: Unraveling the Tangles & Ignorance]. Selangor

Darul Ehsan: Majlis Agama Islam Selangor [Selangor Islamic Religious Council], 2015.

Meor Atiqulrahman bin Ishak and Others v. Fatimah Binti and others, 4 MLJ 605 (2006).

Minister for Home Affairs v. Jamaluddin, 1 MLJ 418 (1989).

Mohamad, Mahathir. “Islam, Terrorism and Malaysia's Response.” Accessed July 14, 2021. https://asiasociety.org/islam-terrorism-and-malaysias-response.

Mohd. Nasuha bin Abdul Razak v. The Accuser Raya, 3 MLJ 530 (2020).

Mustaza bin Abdul Rahman v. Public Prosecutor, 1 MLJ 230 (2021).

Public Prosecutor v. Aszroy bin Achoi, 9 MLJ 702 (2018).

Public Prosecutor v. Razis bin Awang, MLJU 132 (2020).

Public Prosecutor v. Wan Mohamad Nur Firdaus bin Abd Wahab and other appeal, 4

MLJ 692 (2019).

Sulaiman bin Takrib v. Kerajaan Negeri Terengganu [Terengganu Malaysian Kingdom, intervener] and other applications, 6 MLJ 354 (2009).

The Accuser Raya lwn Anuar bin AB Rawi, MLJU 533 (2016).

The Accuser Raya lwn Siti Noor Aishah bt Atam, 7 MLJ 461 (2017).

The Accuser Raya lwn Tengku Shukri bin Che Engku Hashim, 8 MLJ 645 (2018).

Zakaria bin Abdul Rahman v. Ketua Polis Negara Malaysia [Chief of the Malaysian National Police] & Anor, 3 MLJ 385 (2001).




DOI: https://doi.org/10.31078/consrev814

Article Metrics

Abstract view : 370 times
PDF view : 94 times

Refbacks

  • There are currently no refbacks.


Copyright (c) 2022 Constitutional Review