NUFFNANG

Monday, 25 August 2008

Swearing By The Quran Strikes Fear Among Malays

Swearing By The Quran Strikes Fear Among Malays

PENANG, Aug 24 (Bernama) --

The Malays only fear two things in life - swearing by the Quran in the name of Allah and the consumption of pork.

"If you are not scared then swear by the Quran" or "I am willing to swear by the Quran" are phrases often uttered by Malays when challenging another to prove his innocence.

Normally, those challenged to swear will not dare take it up for fear of retribution by Allah.

When was the last time we heard or had seen the Malays swear "Wallahi, Wabillahi, Watallahi" at an official ceremony to prove an accusation?

More significantly, a "sumpah laknat" (mubahalah), or swearing in the face of divine retribution.

This is the character of the Malay Muslims, something unique compared to Muslims from other regions including those in the Malay archipelago.

As such, it rarely happened except once in the 1960s when the late PAS president and Kelantan Menteri Besar Datuk Mohd Asri Muda and Tunku Abdul Rahman swore by the Quran over an accusation made by the late premier.

Umno veteran and Penang Malay Association president Datuk Mohd Yusof Latiff said Tunku had accused Asri of receiving foreign funding to topple the government.
"Asri denied the accusation and challenged Tunku to swear in a mosque to prove that he was telling the truth.

"The Tunku accepted the challenge and swore in the Masjid Zahir, Alor Star witnessed by PAS representative the late Yusof Rawa.

Asri denied the accusation by swearing in Kota Baharu mosque witnessed by Umno representative Tengku Razaleigh Hamzah.

In this context and socio-cultural background, the swearing by Mohd Saiful Bukhari Azlan, 23, at the Federal Territory Mosque in Kuala Lumpur on Aug 15 is seen by Malays as a serious matter since he was bold enough to prove his accusation.

Certain quarters particularly Anwar supporters may claim that the swearing by Datuk Seri Anwar Ibrahim's former aide was politically motivated aimed at reducing his chances of winning the Permatang Pauh by-election.

Saiful said it was not politically motivated and that by swearing by the Quran he wanted to prove he was telling the truth.

Anwar, the Parti Keadilan Rakyat (PKR) adviser is being challenged by Datuk Arif Shah Omar Shah of Barisan Nasional (BN) and Hanafi Mamat of Angkatan Keadilan Insan Malaysia (AKIM).

On Friday, Deputy Prime Minister Datuk Seri Najib Razak was shown on television swearing in the name of Allah in the Guar Perahu mosque, Permatang Pauh denying that he and his wife were involved in the murder of Mongolian Altantuya Shariibu.

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Islamic Scholars Defend Validity Of Swearing By Saiful

BUKIT MERTAJAM, Aug 24 (Bernama) --

Former National Fatwa Council chairman Datuk Dr Ismail Ibrahim said swearing in the name of Allah while holding the Quran to state truth should not be equated with the Christian way of swearing on the Bible.

He said in Islam, what was important was for the person to swear on his belief, and holding the Quran or not while doing so did not involve the question of his faith in Islam.

Therefore, Ismail said, the swearing in the mosque by Datuk Seri Anwar Ibrahim's former aide, Mohd Saiful Bukhari Azlan, had fulfilled the condition on swearing in the Islamic way between a servant of God and his Creator.

"The swearing is between him (Mohd Saiful) and Allah. If he had done it with sincerity, others should not dispute it," he said when contacted for his comments on the polemics among ulamas on the swearing on the Quran by Mohd Saiful that he was sodomised by Anwar.

Ismail said Mohd Saiful had met the condition by saying in his oath, "Wallahi, Wabillahi, Watallahi", so the question of its validity did not arise at all.
He said whether Mohd Saiful held the Quran or not when taking the oath was not an issue and so should not be disputed.

"If we eat using fork and spoon like the Christians do, it does not make us Christians. Whatever we do depends on our intention."

He said as Malaysia practised civil law, the alleged sodomy case involving Mohd Saiful and Anwar would proceed in accordance with this law.

Ismail said it was not unusual for ulamas to have differing opinions on religious matters.

Meanwhile, Perlis Mufti Dr Mohd Asri Zainul Abidin has come out in defence of his stand that the "sumpah mubahalah" (swearing in the name of God) needed not necessarily be made in the syariah court.

He said the ulamas' different views on the "sumpah laknat" (swearing in the face of divine retribution) by Mohd Saiful had resulted in public confusion, with some quarters manipulating the issue.

"Some are of the opinion that the swearing must be done in the syariah court and that truth be proven by calling four witnesses," he said.

The alleged sodomy case involving Anwar has been a hot issue during campaigning in the Permatang Pauh by-election, with a pamphlet carrying the different views of ulamas on Mohd Saiful's "sumpah mubahalah", being circulated in the constituency.

The pamphlet also carries the view of Cordoba University president Prof Dr Taha Al Jabir Al-Alwani which supports that the case be referred under the syariah provision of "qazaf" (slander).

A lecturer with Universiti Sains Malaysia's Department of Islamic Studies, Assoc Prof Dr Mohamad Radzi Othman, meanwhile, said the question of whether the "sumpah mubahalah" was made in the mosque or outside should not arise.

"In mubahalah, the intention is to make a statement and the place where it is made is not an issue."

On Mohd Saiful holding the Quran when swearing in the name of God, Mohamad Radzi said it was also not wrong as it was not a required condition.

"Maybe he was under duress and needed to hold the Quran to derive strength. So, it was not wrong and should not be disputed. He only wanted people to accept what he swore."

Asked whether sodomy cases should be tried under the law on "zina" (illicit sex), he said in the case of "zina", a person who accused another of committing the offence would require four witnesses.

"But in the case of sodomy, the ulamas have differing opinions. Some say it's not the same, so bringing four witnesses to prove the allegation is not a prerequisite."

On PAS' deputy spiritual leader Datuk Dr Haron Din that Mohd Saiful's sodomy case was a case of Li'An, he said this was only applicable to a married couple.

He suggested that ulamas or scholars explain the religious rulings clearly on the matter to avoid confusing the public.

kzso - again, will the majlis ulama' come out with a fatwa on this. do not let the ummah split becaus of this issue

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