Hudud and consensus in national building

Kwong Wah, June 2, 2106

Malaysia has been independent for over 60 years. Undeniably, our performance has not been as bad as some countries of the same age. Even on the level of racial integration, we are better than many countries which are stuck in turmoil. In Malaysia, we have social stability and our economic performance has won positive rating by authoritative rating agencies.

Malaysia has remained unchanged for the last 59 years and this can be attributed to the consensus achieved when the nation was being formed after winning our independence from the British colonialists. It is what is known as the “Social Contract” often talked about in our history book.

The social contract is a concept that explains the appropriate relationship and interests between individuals (communities) and the government. The social contract calls for social integration through a mutually agreed process. The individuals are expected to comply with certain common rules and accept the obligations to protect oneself and other people from violence or other damages.

Put it simply, it is a contract that embodies our consensus to protect our (communal) interests in the forming of a nation that belongs to us, coordinating and managing together despite our diversities.

When Malaysia gained independence, the social contract was achieved through negotiations between UMNO, MCA and MIC representing different races. The consensus includes citizenship status of the Chinese and Indians, special rights of the bumiputras, constitutional monarchy and a secular system. The constitution of Malaya as well as that of Malaysia subsequently, is based on the social contract. Even though there have been several amendments to the Constitution, the basic consensus of the social contract has not been eroded. This is a moral code which all politicians must be clear about. Any constitutional amendment must be for the purpose of national progress and must not question or change any part of the social contract.

Recently, UMNO and PAS have been collaborating to allow the hudud bill to be debated in parliament. They have not only challenged the foundation of the constitution, they have also challenged and betrayed the social contract reached by various communities. Such betrayal is very unfair to the non-Muslims.

As the social contract is a package deal, if our multi-racial, secular system with a constitutional monarchy can be changed unilaterally by the force of an overwhelming majority, can the non-Muslims also ask for amendment to other aspects of the Constitution? Obviously, our friendly brethrens would not compromise or agree to it so easily.

When the consensus between different races is being challenged, the mutual trust and harmony between different races would be gone even before the enforcement of the hudud law. The cracks may not be healed even after a long time.

The national consensus was originally achieved by MCA, MIC and UMNO but it does not belong to these three parties only; it is a national consensus. It is not a private consensus between UMNO and PAS or as simple as an internal issue of Barisan.

People also said the hudud issue is a political tactic, a pseudo-proposition, to accelerate the splitting up of Pakatan Rakyat or Harapan, and worsen their conflicts. However, as stated by UPKO acting president Madius Tangau, a precedent should not be set even if there is a tactical need. Any racial or religious issue will cause unending squabble in our multi-racial society once it is being manipulated by people with ulterior motive.

Nobody should be allowed to play around racial and religious issues and anyone who regards hudud as a non-issue as long as you don’t rob or you don’t steal, he is an accomplice in allowing racial and religious degenerating into a major conflict.

DAP commands 90% of Chinese votes and is sufficient to strengthen PAS to an extent that it is almost unstoppable. If UMNO collaborates with PAS discreetly and even adopt an accommodating approach or walking closer in line with PAS struggle, UMNO’s “market” would gradually be nibbled away by PAS and eventually replaced. DAP is a good example and this is something which UMNO should ponder over deeply. By doing so, it not only loses the trust of its partners but also strengthen PAS which could swallow it up at anytime.

The hudud issue is frightening as Muslim parties, whether it is on the ruling side or opposition side, have appeared to be united while the Chinese parties are stuck in a dilemma, challenging and finger pointing each other.

MCA or Gerakan ministers, or even those of other parties, have said they would quit the Cabinet and this has drawn different public reactions, some cheering and others booing but history will have the final say.

On the other hand, I think the non-Muslim community is earnestly hoping that DAP will quit and as a result by-elections would be held so that the non-Muslims could carry out a referendum on the hudud law.

In politics, finger pointing is never the main show. As long as you have done your work according to your conscience, you would stand strong. As such, there is no point of harboring an unending desire to enjoy the power and authority.

If Malaysia has reached a new watershed, it could be attributed to the failure to hold on a consensus between Muslims and non-Muslims, and between East and West Malaysia. MCA and MIC cannot shirk its responsibility to lead other parties on another national building mission by returning to the negotiating table and forge a new social contract in order to ensure that Malaysia would remain unchanged forever.

Whether DAP which commands 90% Chinese votes would participate or not, or even sabotage it or not, the public and history will judge it.

If PAS and UMNO feel that the principle that the minority must obey the majority can be applied on a multi-racial and multi-religious country and enforce the hudud law, even if they have won the ruling power, they would not be convincing.

When people are not convinced, your policy would not go and you would find it difficult to rule the nation. This is something worth pondering about.