CITIZENS’ ROLE IN PROMOTING MODERATION Emeritus Professor Datuk Dr Hj Shad Saleem Faruqi Professor of Law and Legal Advisor, Universiti Teknologi MARA, Shah Alam, Selangor INTRODUCTORY REMARKS As with most concepts, ‘moderation’ cannot be defined precisely and objectively. Any judgment that someone is a ‘moderate’ or an ‘extremist’ is bound to be subjective and afflicted by the problem that words are like amoebas that change shape all the time. One is reminded of Lewis Carroll’s Through a Looking Glass. "When I use a word”, Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean - neither more nor less." "The question is," said Alice, "whether you can make words mean so many different things." "The question is," said Humpty Dumpty, "which is to be master— that's all." Whether “being a moderate” is commendable or condemnable is also a matter of subjective judgment. Note how some noble citizens who believe in tolerance and inter-racial accord are criticized by their brethren as “traitors to their race and religion”. ATTRIBUTES, CHARACTERISTICS OR QUALITIES OF MODERATION Personally speaking, moderation is an intellectual necessity and a moral imperative. It is a desirable way of thought and life in a multi-racial and multi-religious society and in a borderless, globalised world. I cannot define moderation precisely but can only describe its common attributes. Moderation is a state of mind: Moderation is the absence of extremism in all aspects of life, whether politics, economics or religion. It is the quality of being temperate, restrained, controlled, measured, mild, gentle, fair, soft, sober and disciplined. For example, moderation will reject the idea that free speech is so absolute that it can be employed by the French magazine Charlie Hebdo to insult, mock and blaspheme the Prophet of Islam. At the same time moderation will condemn the heinous act of murder of the Charlie Hebdo staff. Moderation is the acceptance of the middle path: It is about balance and reconciliation between conflicting interests as opposed to a militant, uncompromising, ‘all-or-nothing’, ‘my-way-or-noway’ attitude. In every human society inevitable conflicts arise in every sphere. Various demands and expectations compete with each other for recognition. Political, economic and religious ideas clash. History is interpreted in different ways. Page | 1 Within the citizenry, racial, religious and tribal tensions exist in all societies. Individuals and groups have different conceptions of what amounts to “justice” and the “good life”. The rich, the poor, the environmentalists, the consumers, the industrialists, the manufacturers, the exporters and importers do not agree on economic, tax and developmental policies. In family law, there are deeply divisive issues about divorce, custody, guardianship and inheritance. Issues get really complicated if the marriage is an inter-religious one. Employment law has to walk the tight rope between the rights of workers and the rights of employers. Within the government, institutions compete with each other about their respective jurisdictions e.g. the clashes in Peninsular Malaysia between syariah and civil courts and in East Malaysia between native and syariah courts. Politicians and civil servants silently clash for right to determine policy. There is an inevitable conflict of interest among the various states or regions of a federation. Federal and state governments do not see eye to eye on many issues e.g. on “fair” distribution of oil royalty. As in every organized society, the rights of individuals clash with the power of the state in scores of ways. In constitutional law, the demands of public order and national security compete with the need to give concomitant protection to human rights. The might of the state has to reconcile with the rights of citizens. At another level, human rights often compete with each other for prioritization. How far should the rules of morality be allowed to impinge on personal autonomy and privacy is a matter on which many opinions exist. The struggle to achieve a fair balance and to accommodate as many interests as possible is a demanding and never-ending struggle. It is the mark of good leadership to try to reconcile these interests with the least friction. Moderation is abhorrence of violence: Wars, killings, riots, destruction of life or property in the name of religion, politics, economics or any other ideology are the marks of militancy and extremism. For example, the bogus Muslims of the so-called “Islamic State” in Syria and Iraq, the Boko Haram in Nigeria and militant groups in Somalia are guilty of extremist and abominable practices. Equally culpable of extremism are the leaders of Western nations who in the name of democracy have massacred millions of people in Vietnam, Cambodia, Laos, Afghanistan, Iraq, Libya, Syria and Yemen. Moderation prefers evolution over revolution: It avoids policies and programmes that would cause disruption to society and shake the foundation of the state. Moderation supports gradualism over drastic changes. Moderation requires respect for human rights: Human rights are inherent. They come to us from the hand of God and are implicit in our human nature. Fidelity to human rights requires that we Page | 2 support not only the rights of our race, religion and region but also the basic rights of others. The first function of freedom should be to free someone else. Moderation entails a willingness to be objective: Dag Hammarskjold, the former SecretaryGeneral of the United Nations in his book Markings said that to be truly objective, one must be prepared to be subjective from the other person’s point of view. We must be willing to see the world through the other person’s eyes; to step into his shoes and to feel his pain. Moderation welcomes social engagement: Moderation is an intellectual attitude that recognises that disagreements are natural. It shows tolerance of and openness to differences of opinion. It mandates intellectual humility and acceptance of the possibility that our views may be subjective and wrong. Our weltanschauung (world view) may be too narrow. Nobody has monopoly over the truth. Truth is multiple. As Marcus Aurelius said “Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the absolute truth”. Moderation is, as Datuk Azlina Aziz says, about engagement, listening and cutting the invisible barbed wires that separate ‘them’ from ‘us’. It is about extending a hand over the divide to those who may disagree with our views but have as much a stake in the country as we do. Moderation is acceptance of the plural nature of society: In the context of Malaysia our diversity is an unchangeable fact. Moderates view this diversity as an asset. They recommend policies and attitudes that are inclusive. They recognise that unity does not mean sameness. It has to be a unity in diversity. Moderation is the rejection of racism: Racism is hatred, ill-will and prejudice against other races. This contrasts with race or community-consciousness which is a positive desire to help an identifiable group. The community whose uplifting we are working for may, commendably, not be our own. Moderation is love for God and love for all His creations: Moderation is rejection of hatred, illwill and prejudice against other religions. It is recognition that love for God and fidelity to religion must manifest itself in kindness towards all His creations. WORDS OF CAUTION It must be noted, however, that moderation does not mean acceptance of evil. Moderates have a duty to stand up for truth and justice but in a non-violent manner. A pacifist but powerful protest against tyranny like that of Mahatma Gandhi (in South Africa and India) and Martin Luther King Jr (in the USA) is within the borders of moderation. Moderation emphasizes views that are tolerant and means that are peaceful in order to deal with people who have disagreeable beliefs. Page | 3 CULTIVATING MODERATION: ROLE OF INDIVIDUALS A quality or attitude of moderation is not something we are born with. It has to be cultivated - at home, in the school, mosque, church, temple, the office and the neighborhood. All of us have a role to play, big or small. Parental role: Education begins in the home in our formative years. Parents and guardians play a crucial role. But we can’t teach our kids what we don’t practice ourselves. The best sermon is a good example. For the sake of our kids we should broaden our moral and intellectual horizons. We should arm ourselves with the moral view that the primitive ethic of tribalism, racism and religious exclusiveness has no place in modern society. The circle of life has expanded. We are all brothers and sisters on this big blue marble. To belittle is to be little: Our love for our religion, race or region should manifest itself in positive acts of devotion, discipline and sacrifice for those who are the objects of our concern. It is totally unnecessary and morally wrong to believe that to be a good member of our community, we must condemn and demonise other faiths and their followers. This attitude hurts both who demonize and those who are demonized. I believe that we have a moral and religious duty to show tolerance and respect for all people including those of other races and religions. We should refrain from using derogatory epithets to describe members of other communities. “Hate speech” and caricaturing of other races and religions must be avoided. False attributions and stereotyping: Wrongs committed by an individual member of a race, religion, region or nation should not be attributed to the entire group. There are bad and good people in every community and one should not hold the entire community vicariously liable for the delinquency or some members. Improving constitutional literacy: Our Constitution was a masterpiece of accommodation, compromise and compassion. It walked the middle path. It gave to everyone something. Even in its “ethnic provisions” it sought to balance the rights of races, religions and regions. Sadly, knowledge of the glittering generalities of the Constitution is lacking within the civil service, the citizenry and the political elite. If this knowledge could be enhanced, a great deal of overzealousness will be moderated. Developing “constitutional patriotism”: Though the Constitution is the supreme law of the Federation, it has not attracted the veneration that such documents attract in many other constitutional systems. There is a distinct lack of popular protest when the Constitution’s gilt-edged provisions are sacrificed for narrow political aims. Page | 4 Becoming activists and opinion leaders: Don’t be passive bystanders while extremist minorities tear our social fabric apart. Take a stand. Become a social activist. Follow the example of activist like Zainah Anwar, Marina Mahathir and Anas Zubedy. Searching for commonalities: Though there is much that divides our various communities, there is much that unites us. Patrick Pillay in his book Yearning to Belong says that “there is far more crosscultural mingling, sharing and co-dependence among us than we care to recognize, admit or celebrate”. Reviving the spirit of accommodation of 1957 and 1963: Our Constitution was built on moderation. Our economy was built on a balance between private sector dynamism and entrepreneurship (mostly that of non-Malays) and public sector controls to achieve social restructuring. Market liberalism coexisted with many ‘command economy’ type of controls to achieve social responsibility. Our 58+2 years of experience in the politics of accommodation and sharing of powers is unprecedented in the world. The pluralism of our multi-cultural, multi-racial, multi-religious society is here to stay. So we have to accept this diversity and see it as an asset and capitalize on it. Our forefathers accepted that this nation is like a multi-hued rainbow in which the colours are separate but not apart. Do not abuse the internet: The internet and social media are often abused to fan hatred. We all should be careful in using the internet and be discerning and vigilant in believing what we read on it. From the legal point of view no special dispensation applies to this form of free speech. Incitement to intolerance and violence on the web is outlawed in the same way as incitement to murder, kidnapping or rape. Participate in NGOs and Neighbourhood Associations: Join these organisations and support their activities. They have a tremendous role in moulding public opinion. To take an example: in February I was invited by the predominantly Malay populated Serenia Gardens Owners and Residents Association (of Kuala Lumpur) to a Chinese New Year Dinner at their Community Hall. What was remarkable was that the Community Hall rests below a grand surau. After the isyak prayer, the Chinese New Year dinner was served; a troupe of lion dancers arrived; firecrackers lighted the firmament. The spirit of muhibbah glowed late into the night. Many other similar organizations promote racial harmony. Set good examples but do not coerce: If you have to preach to others, remember that the best sermon is a good example. Walk the talk. Give advice but do not use force, coercion or undue influence. There is no need to judge and condemn others. As Herman Hesse said in Siddharata “It is not for me to judge another man’s life. I must judge, I must choose, I must spurn, purely for myself. For myself alone”. Listen to all sides: If we open our minds and our hearts to others, we will end up enriching our perspectives. As Stephen Cosgrove said in Buttermilk Bear “As you walk through the forests or the meadows of your mind, stop and talk to those you fear. Good friendships you may find”. Page | 5 Reject violence: Do not get so carried away by ideas – whether religious or ideological – that you destroy human life. Ideas should never outweigh the sanctity of human life. Do unto others what you wish to be done unto you: Support the human rights of others. Fidelity to human rights requires that we support not only the rights of our race and religion but also the basic rights of others. The first function of freedom should be to free someone else. Build a national identity. Don’t be afraid or shy to say that you are a Malaysian first, a member of a race, region or religion afterwards. Do not be a religious extremist: “Moderation in religion” does not mean being a half Muslim, Buddhist or Christian. It means avoiding fanaticism and misuse of religion to fan hatred. All religions are huge mansions with many rooms and many views. There is in every religion enough to unite as well as to divide. The choice is ours. Khutbahs and sermons in Churches could be fruitfully used to promote peace and understanding. The Bible says: Do unto others as we wish to be done unto us. Prophet Mohammad says: “Shall I not inform you of a better act than fasting, alms and prayers? Making peace between one another: enmity and malice tear up heavenly rewards by the roots”.1 We need to realise that the quality of our faith is NOT determined by how much hatred we have in our hearts for others but by how much love we have for God and His word. All of us - Muslims and non-Muslims - need to be further educated on our religion’s attitude towards inter-commual harmony. For Muslims I wish to point out a number of exquisite examples from the Holy Qur’an, hadith and Muslim history. It is stated in the Holy Quran: “There is no compulsion in religion” (2:256). “To you your religion, to me mine” (109: 1-6). Jews and Christians are described in the Qur’an as “the People of the Book”. Allah says in the Qur’an: “Allah does not forbid you from being good to those who have not fought you in the religion or driven you from your homes, or from being just towards them. Allah loves those who are just.” (Surah al-Mumtahana 60: 8). Such compassion extends even to polytheists: “And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety” (9:6). God explicitly states that the existence of people from different faiths and opinions is something that we have to acknowledge and welcome heartily, for this is how He created and predestined humankind in this world: “Had Allah willed, He would have made you a single community, but He wanted to test you regarding what has come to you. So compete with each other in doing good” (Surah alMa’ida, 5: 48). Allama Sir Abdullah Al-Mamun Al-Suhrawardy, The Sayings of Muhammad, with a foreword by Mahatma Gandhi, Wisdom of the East Series, John Murray, 1941 (reprint 1954), p. 103 1 Page | 6 In line with the Holy Qur’an, Prophet Muhammad sought sincerely to protect the life, the property and places of worship of the non-Muslims: “Whoever kills a person with whom we have a treaty, will not come close enough to Paradise to smell its scent, and its scent can be found as far away as forty years of travel: (Saheeh Al-Bukhari). “You must know that it is not lawful for you to take the property of the people of the Covenant unless it is in payment for something” (Musnad Ahmad). He also said: “Allah has not allowed you to enter the homes of the people of the Book except by their permission”(Abu Dawood). When a Christian delegation from Ethiopian churches came to Medina, the Prophet opened his mosque for them to stay in, hosted them generously and personally served them meals. (Ibn Hamdun, ‘at Tazkira al-Hamduniyya, vol 2 p 95) There are glorious examples of Muslims protecting Christian churches in the lands they occupied. From the reign of Hazrat Umar bin Abdul Aziz, our second Caliph, to Ottoman Caliph Sultan Sulayman, history is replete with examples of Muslims respecting Christian places of worship. Hazrat Umar, relying on the eclectic verse in the Holy Qur’an 9:60 authorised a stipend for the Jewish family the Prophet used to take care of in his lifetime. (Abu Yusuf, Kitab al-Kharaj, p. 86). CULTIVATING MODERATION: ROLE OF THE GOVERNMENT Reform educational system: We need to reformulate our education system. National schools must be truly national in their syllabi and in their ethnic composition of pupils and teachers. They must promote interfaith studies. Universities must strengthen the Ethnic Relations Module. Most prejudices are born out of ignorance. Intolerance is the first sign of an inadequate education. (Aleksander Solzhenitsyn). Go back to the spirit of 1957 & 1963: Our political leaders and legislators need to go back to the spirit of accommodation of 1957 and 1963. The agreed give-and-take among the races, religions and regions should be enforced sincerely. For example Sabah’s 20 points and Sarawak’s 18 points must be fully respected unless these States agree to re-negotiate them. Leaders must promote moderation: Our community and political leaders of all shades must condemn hate speech, hate crimes and acts of intolerance (like the Kampung Medan incident) strongly, publicly and consistently. “Leaders of substance do not follow opinion polls. They mould opinion, not with guns or dollars or position but with the power of their souls” (Jesse Jackson). When there are incidents of hate speech or seditious actions, the police and the AttorneyGeneral’s Chambers must be prompt and impartial in enforcing the law against the culprits. Use law as an instrument of social control: The law can play a role in social engineering, in reconciling conflicting interests and in developing more responsible perspectives. The law can provide a new statutory institutional framework for reconciling race and religious conflicts perhaps a National Harmony Act or Race & Religious Relations Act to supplement our Rukun Negara. In this area we should be prepared to learn from others like the UK, USA and Singapore. Page | 7 We should upgrade our National Unity Council; set up an Inter-Faith Council and a Community Mediation Council. The Criminal provisions against hate speech in the Sedition Act should be enforced equally. The law should be amended to provide for conciliation as the measure of first instance. Criminal sanctions must be the last resort. We should liberalise our locus standi requirements to enable wrongdoers to be exposed and made accountable. Public Interest Litigation should be introduced as in India and the USA. Review administration of affirmative action policies: The affirmative action provisions of Article 153 and the resulting economic and social policies need to be de-politicised. Administrative actions under Article 153 must respect the aims and objects of the law and observe the prescribed limits on Article 153 powers. Overzealousness must be prevented and remedied. Race-based political parties must become more inclusive: Fifty-eight years after Merdeka and 52 years after Malaysia Day it is time for race and religion based political parties to open up to all other communities e.g. ADMO during Tun Razak’s time. Forge fairer federal-state relations: We need to improve federal-state relations through regular consultations and constitutional councils especially in relation to Sabah and Sarawak. Conference of Rulers as reconcilers and mediators: The government should rein in the overexuberance of some state religious authorities many of whose actions are unconstitutional. Perhaps the Conference of Rulers can play a role to give direction and advice to religious authorities. ROLE OF THE MEDIA Instead of highlighting pernicious acts of bigotry and demagoguery, the media should celebrate acts of inter communal harmony. There is heroism everywhere. Every day thousands of ordinary citizens perform extraordinary acts of love and compassion that transcend race and religion. The press rarely notes. CONCLUSION Whether to love or hate, to be moderate or extremist – the choice is ours. Our religions, our Constitution, our cultures, our history have enough in them to enable us to lead lives of moderation and restraint in everything we say and do. May I invite you to build bridges and dismantle walls; heal and reconcile and treat each other with mutual respect. As we walk through the meadows of our mind, let us emulate Kofi Anan’s advice to “confront ignorance with knowledge; bigotry with tolerance; and isolation with the outstretched hand of generosity”. 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