Thursday 25 Apr 2024
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MALAYSIA is in crisis and many of its people are angry. Take your pick of controversy: the unwarranted arrests of opposition politicians, civil society activists and media practitioners, the 1MDB scandal that threatens the economic fundamentals of Malaysia, the agony that is the Goods and Services Tax for many Malaysians, the passing of the Kelantan Syariah Criminal Code Enactment Bill or the cross that could shake the faith of Muslims.

These issues are a sign that Malaysia is bereft of leadership. They also highlight that the country is regressing on the one thing that can hold it together: justice.

To me, “justice” is not a form of socialism or liberalism. It transcends political and economic ideology and is a crucial part of how most religions and cultures define virtue.

The 14th century Islamic jurist, Ibn Qayyim al-Jawziyya, wrote, “Verily, the syariah is founded upon wisdom and welfare for the servants in this life and the afterlife. In its entirety, it is justice, mercy, benefit and wisdom. Every matter which abandons justice for tyranny, mercy for cruelty, benefit for corruption and wisdom for foolishness is not a part of the syariah even if it was introduced therein by an interpretation.”

Similarly, Confucian tradition places great emphasis on justice. The idea of the Mandate of Heaven highlights that any chaos or disharmony under an unjust ruler is a sign of divine disharmony.

If there was true justice in Malaysia, our poor and middle class would not be squeezed by rising cost of living and students who make the grade would not be denied places in public universities or crushed under the debt of “education” loans. Young people would not have to struggle to find jobs and housing and start families.

Malaysians who live in rural areas, especially in Sabah and Sarawak, would have access to better public infrastructure and opportunities in life. Our national coffers would not be depleted by dubious privatisation contracts, shady financial deals and questionable government acquisition practices.

Minorities, whether ethnic or religious, would not be harassed and bullied out of their rights. Women would receive equal pay, treatment and opportunities as a matter of policy.

Make no mistake, the problems of our country stem not from the actions of one ethnic group. Rather, they are due to the lack of justice in our political and policymaking discourse.

Scratch the surface of all the complaints Malaysians have — whether about the economy, politics or race relations — and we see that what they really want is greater justice in their lives.

No one would lose out with greater justice. If our economy was fairer and more equitable, both Malays and non-Malays would benefit.

The country’s poor, the bulk of whom are from the Malay and bumiputera communities, will be uplifted by greater economic opportunities and a realistic social services infrastructure.

It is undeniable that the current bumiputera middle-class came into being from the affirmative action of the state through the New Economic Policy. Yet the gap between rich and poor bumiputeras, as well as rich and poor non-bumiputeras, continues to be unresolved.

If we had greater justice in our social relations, both Malays and non-Malays would be able to

coexist in dignity and self-respect. Simply put, there would be more trust.

Why has integration been so hard? It is because there is no trust between Malays and non-Malays. Why is there no trust? Because neither side believes there will be a just outcome for them.

The Malays fear losing their special position and faith by allowing greater space for non-Malay participation in public life. The non-Malays fear losing their liberties and becoming deracinated by embracing a national identity that has become Malay-centric. Again, it boils down to justice.

No one wants to make the first move towards strengthening Malaysia because they have not been treated fairly and have no guarantee they will be treated so if they make sacrifices for the good of the nation.

Thus, we remain selfish and obsessed with our own communities or interest groups.

What is the role of politics?

Politics and government should be about creating better lives for all by ensuring justice.

It should be about breaking down the barriers that keep people apart and ensuring fairness in our work and interactions with our neighbours.

No one is calling for equality of outcome; that can never be assured. But no one in their right minds will be against equality of opportunity.

Sadly, this does not exist in Malaysia: not in the gap between the rich and the poor within each ethnic community or between them, not between Peninsular Malaysia and Sabah and Sarawak, and not between men and women.

The role of politics and government should be about managing these disparities to ensure everyone has a shot at making something of themselves.

The intrusive nature of government practices by its three estates — the judiciary, legislature and executive — has dishonoured the foundation of justice within the very idea of government: the separation of powers.

Without such a check-and-balance, there is bound to be abuse in how government wields power.

Malaysia desperately needs strong leadership — one that puts justice first and which has the moral and intellectual credibility to restore the people’s trust in the system. When that trust is restored, reform will follow, whether economic or political.

If Malaysia is to move forward, let alone survive, we must find a way to reconcile oft-competing interests. There can be no triumph of one over the other. For instance, neither secular nor religious Malaysians will be able to completely dominate the public discourse and exclude the other.

It must never happen and it would be disastrous for our society if it did. Rather, we need to learn to live and let live — together — within the framework of democratic society. We can agree that it is acceptable and even good for us to disagree — and we can achieve this by always respecting each other’s right to exist with different opinions.

Pakatan Rakyat ought to have facilitated this discourse, but unfortunately, we have not succeeded thus far. Instead, we have become bogged down in our own ideological agendas.

We put off confronting important issues, such as how to respond realistically and thus credibly to the continued playing of the race and religious card by certain quarters. We instead focus on trivial or divisive matters, to the great disappointment of supporters and fence-sitters alike.

We should have provided new models of governing Malaysia, above and beyond the tried politics of the past. As the Indian essayist, Pankaj Mishra, asserts, there is an Asian alternative to both the outmoded Western models and oppressive Asian values thesis.

Recently, some people pointed out the absence of a third of Pakatan members of parliament during the debate on the Prevention of Terrorism Bill as another sign of the coalition’s failure. There is no excuse for this and each MP should explain his or her absence. Still, it should be pointed out that Malaysian Parliament is very much subject to the whims of the executive, leaving room for the incumbent government to bulldoze through legislation. Without proper legislative reform, Pakatan’s role as an effective opposition will always be limited.

Make no mistake: I still believe in Pakatan. I still believe it is the best vehicle for political change in Malaysia. Take a step back and compare where we are now to the pre-2008 years. Things have not been perfect but we have achieved much towards making Malaysian politics more competitive and holding the government to account.

But if we are to consolidate the achievements of 2013 and win the next general election, we need to get our act together.

We need to get our priorities right. Unity and discipline must be our watchwords. Our focus must be on restoring justice to Malaysia, and there are many ways we can do this. First, we must find common ground.

As for the hudud and syariah issues, we must not lose sight of the principles of maqasid syariah (higher objectives of the syariah) and fiqh al awlawiyyat (the fiqh of priorities). Again, the greater good — and not the tyranny of greater numbers — must prevail. We must prioritise justice.

The implementation of the syariah can and must be debated. The process must involve all stakeholders in our society. Those who criticise the concept must be engaged on an intellectual level, not with threats that stifle discourse.

The Pakatan Rakyat-led states must improve their modes of governance. There must be complete transparency in government acquisition and other processes.

If we cannot win power at the federal level and restore local government elections, then we must ensure that our local councils are accountable to the people — that they are truly serving their interests rather than cronies.

And we must continue to debate and formulate an active policy platform; an agenda for government that Malaysians can all get behind in the next election.

This will neither be easy nor achieved immediately. We must work for it. Our countrymen and women will not forgive Pakatan if we continue to dither.

We must show that we can be the leaders that Malaysia sorely needs.


Nik Nazmi Nik Ahmad is the state assemblyman for Seri Setia and deputy speaker of the Selangor state assembly

This article first appeared in The Edge Malaysia Weekly, on April 27 - May 3, 2015.

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