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Friday, 28-May-2004 10:20 AM Let the judges beware: God is watching A very interesting thing happened at Anwar Ibrahim’s recent bail and appeal hearings that kicked off on 10 May 2004. Anwar’s solicitors wanted the Federal Court to record the presence of a number of foreign observers plus representatives from the Malaysian Bar Council who were in court to monitor the proceedings of the hearings. The judge, Justice Abdul Hamid Mohamad, who spoke on behalf of the other two judges, Justice Rahmah Hussain and Justice Tengku Baharudin Shah Tengku Mahmud, would not consider it. Many parties are following or monitoring the hearing, retorted Abdul Hamid. Does this mean all their names should also be recorded? And -- whether out of mockery and sheer arrogance, or maybe he was having a prick of conscience, no one could really tell -- Abdul Hamid said, in fact, even God is watching this hearing. Now this is certainly most interesting indeed. The previous judges were in fact quite ruffled when God’s name was ever mentioned in court and they would shoot back: “leave God out of all this.” But this is just the thing. We cannot leave God out of all this. And Abdul Hamid said it quite appropriately when he said that God is watching what is going on in court. The three Federal Court judges are all Muslims. I take it they are practicing Muslims in that they pray five times a day, fast during the month of Ramadhan, pay their tithes (zakat and fitrah) and maybe have even performed their Hajj (pilgrimage to Mekkah) or will be doing so one day. As Muslims, they are obligated to believe in all the Holy Books, those of the Jews and Christians as well, and they must also believe in all the Prophets through ages starting from Adam and ending with Muhammad. According to the Koran, there are 124,000 Prophets in all though the names of only 25 are mentioned. Could this mean those such as Buddha and so on are therefore also considered Prophets whom we must believe in? Anyway, that is another topic for another day. What I want to bring to the judges’ attention, those three Muslims who have retired to sieve through the various arguments from both the appellant and plaintiff over the seven days of submissions, is that they are Muslims. And, on becoming judges, they took an oath. And an oath is a pledge or promise in the name of God. So, what are the implications of all this and what has the Koran got to say about it? These three judges have no choice but to adhere to the Koran if they really are Muslims. If they reject the Koran, then this would tantamount to rejecting their faith. In short, they cease to be Muslims, plain and simple. So let us see what the Koran has to say about their duties as judges and the implications of the oath they took. I will quote just seven verses from the Koran though there are certainly more. Chapter 4 Al Nissa (The Women) Verse 58 - God doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For God is He Who heareth and seeth all things. Chapter 5 Al Maaidah (The Repast) Verse 8 - O ye who believe! stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear God. For God is well-acquainted with all that ye do. Chapter 5 Al Maaidah (The Repast) Verse 42 - (They are fond of) listening to falsehood, of devouring anything forbidden. If they do come to thee, either judge between them, or decline to interfere. If thou decline, they cannot hurt thee in the least. If thou judge, judge in equity between them. For God loveth those who judge in equity. Chapter 69 Al Haaq-qah (The Sure Reality) Verse 18 - That Day shall ye be brought to Judgment: not an act of yours that ye hide will be hidden. Chapter 69 Al Haaq-qah (The Sure Reality) Verse 19 - Then he that will be given his Record in his right hand will say: "Ah here! Read ye my Record! Chapter 16 Al Nahl (The Bee) Verse 91 - Fulfil the Covenant of God when ye have entered into it, and break not your oaths after ye have confirmed them; indeed ye have made God your surety; for God knoweth all that ye do. Chapter 48 Al Fath (The Victory) Verse 10 - Verily those who plight their fealty to thee do no less than plight their fealty to God: the Hand of God is over their hands: then any one who violates his oath, does so to the harm of his own soul, and anyone who fulfils what he has covenanted with God,- God will soon grant him a great Reward. These seven verses remind us of a few things. First, we must judge fairly and with justice in mind. Secondly, every act of yours is recorded and you shall be made accountable for it in the afterlife. Thirdly, once you have taken your oath, you are not allowed to break it. The Koran also reminds us, if we cannot judge fairly and with justice, then decline to judge or withdraw (‘recuse’ in legal terminology), something Abdul Hamid and Tengku Baharudin refused to do so when asked to by Anwar’s counsels. Now, this is not me talking, this is God talking as scribed in the Koran, unless you do not believe that the Koran is God’s word and think that maybe Prophet Muhammad pulled off the biggest scam in history. Islam is all about just one thing, justice. If you do not subscribe to and practice justice, you violate the very foundation of Islam. And the main business of judges is justice. They are the protectors and defenders of justice. They are the trustees of justice. God has placed in their hands the power and authority to dispense justice. The Prime Minister or Chief Justice did not give them that job. God did. It is only by the will of God that they are judges. Man, whomever appointed them as judges, is just incidental in the whole thing. Man plans, God wills, that is what Islam is all about, and these three judges had better believe it was God and not man who made them judges -- if not they would be transferring the power of God into the hands of man, which is shirik in Islam, Judaism and Christianity. These three judges presently sitting to consider their verdict on Anwar Ibrahim’s appeal have a great task ahead of them. They have been appointed and entrusted by God to decide with fairness and justice. They have taken their oath of office in the name of God and God will hold them to this oath. Breaking one’s oath and ruling against the Koran are a serious sin under Islam. Would they dare defy God bold in the face? One more thing to note, sodomy, the crime Anwar was alleged to have committed, is a crime under Islam, though he was not tried under Shariah (Islamic) law but under common law. In Islam, a sexual offence requires four witnesses of unblemished reputation and of sound and unimpeachable credibility. Once any one witness’ credibility is suspect or he or she is proven unreliable, then he or she must be rejected as a witness. Anwar was convicted through the testimony of only one witness, Azizan Abu Bakar, the so-called victim of the sodomy act (not four witnesses as required by Islam). Of course, common law allows for this though Shariah law does not. Then this solitary witness changes his testimony and testifies three times that Anwar never sodomised him. Further to that, he kept changing his story many times until even the trial judge commented how unreliable and inconsistent he is. Finally, Azizan was arrested, tried, convicted, and jailed for a sex offence, close proximity (khalwat). Not only according to Shariah law, but also under common law as well, his credibility has been totally demolished and his testimony must be rejected outright -- not to mention he testified three times Anwar never sodomised him. I am not a religious scholar. I have just interpreted in layman’s terms what the Koran says. This is nevertheless my interpretation of what the Holy Books says. Maybe the judges have their own interpretation they would like to offer. In that case I would most certainly be very interested to hear their version, if they have one. Raja Petra Kamarudin
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