August 6, 2005

Practical Sharia - VII.

Another khalwat (close proximity) [ . . . shudder . . . ] case rocks Malaysia to its core. Is there NO outer limit to the sinful nature of mankind?

[Toh Puan Heryati Abdul Rahim, 45, an ex-deputy prime minister's wife, was found with three Bosnian male students, in the same luxury apartment she owned. The students ] - Admir Mehinovic, 23, Izudin Mulalic, 27, and Mrza Trako, 25 - were studying at the International Islamic University.

They were together when a team from the Federal Territory religious department raided the apartment following a complaint from neighbours.

According to the facts of the case, the students were renting the condominium from Heryati - the second wife of former Malaysian deputy prime minister Tun Ghafar Baba.

She made headlines when she married the then-68-year-old politician when she was only 35 in 1993. They have a 5-year-old daughter.

* * * *

[Her lawyer] insisted: 'I understand from my client that nothing immoral or illicit went on. They were fully-dressed and watching television. If that is an offence, then it is a technical offence in the Syariah law, nothing more.'

* * * *

BROAD DEFINITION

IN MALAYSIA, khalwat is a law passed by the Malaysian Parliament and applicable only to Muslims, including foreigners.

According to Dr Muhammad Arifin, a lecturer in Syariah law at the International Islamic University in Malaysia, the definition of khalwat can be 'very broad'. [E.g., being in different villages together.]

Said Dr Muhammad in a phone interview: 'Basically, khalwat is committed when a man is found with one or more than one woman, who is not his wife or relative [e.g., husband, wife, and non-relative street harlot], in a situation that can cause suspicion [OMG] of illicit activity. [E.g., backgammon, Scrabble, spin the bottle.]

'If found guilty, they can be fined not more than $3,000, jailed not more than two years, or both.' [No flogging, though.]

He added: 'There are several things to consider, like the way the parties were dressed when they were found. Or if they take a long time to open the door when religious officers are knocking, that also raises suspicion.' [Now do you see why Muslim societies are so moral?]

The officials usually act on complaints from other people.

Dr Muhammad explained that in Islamic law, there are three categories: Hudud, qisas and takzir.

'Takzir laws are those where the offences and punishment are not clearly mentioned. Khalwat falls under this category,' he said. 'So the way the law is (used) can differ from state to state. It is up to the Syariah court of each state to look into each case and decide the appropriate punishment.' [That is to say, application of khalwat is 100% arbitrary and dependent only on the whim of the official, his own personal sense of justice, and his level of education or lack thereof.]
"Khalwat is like not braking at a traffic light." The Electric New Paper, 1/3/03.

So we have officers of a secular or sharia administrative agency raiding a private residence to enforce a law applicable only to Muslims. There's no hint of a warrant and therefore there's no independent judicial involvement to restrain overzealous or oppressive police ["police"?] conduct.

And . . . no one seems to know what the law proscribes. In the U.S. such a law would be struck down as unconstitutionally void for vagueness, in that a person of ordinary intelligence could not read the law and know what he or she is proscribed from doing. It would also be unconstitutional for being overly broad, in that the law covers conduct that would not criminal as well as conduct that would.

And we also see here the institutionalzed infantilization of Muslims. (You read it here first.) A simple thing like proximity for legitimate, adult social purposes (i.e., friendship) cannot be left to individual judgment. With Islam you have to obtain a fatwa to know when to change your socks or, so help me God, whether you can shave your beard or not, even temporarily to fool the gullible kuffar (actual fatwa).

Note the imam's view in the referenced fatwa that for "those of high position" a "little harm" (a mild beating?) may be a humiliation "and it is like a severe beating for someone else who is of lower status." So a high-status Muslim can skate with an excuse of "compulsion" that forced him to do the haraam thing but a low-status Muslim has to be whipped like rented mule before he can claim compulsion. Yes, folks, this is the legendary sharia that makes Muslim society so attractive and guarantees the equality of all before the law.

It's much worse than that and the Colonel can document this sad fact, push come to shove and, knock on wood, he's not assassinated by a local representative of the American All-معتوه [Idiot] Paradise Accelerated Visitation Brigade.

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