Emeritus Professor Datuk Dr Hj Shad Saleem Faruqi Professor of Law and Legal Advisor, Universiti Teknologi MARA, Shah Alam, Selangor 1.

Emeritus Professor Datuk Dr Hj Shad Saleem Faruqi

Professor of Law and Legal Advisor, Universiti Teknologi MARA,

Shah Alam, Selangor

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INTRODUCTORY REMARKS

As with most concepts, ‘moderation’ cannot be defined precisely and objectively. Any judgement 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.

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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”.

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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.

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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, balanced, restrained, controlled, measured, mild, gentle, fair, soft, sober and disciplined.

The principle of moderation applies in inter-personal ties, within the community, in inter-community interaction, at the national and international levels and in the interface between civilisations. It applies to our relationship with the environment.

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In Islamic theory we refer to moderation as the Qur’anic principle of wasatiyyah in 2:143. “We have made of you a community justly balanced…”

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-no-way’ attitude. There is a saying of Prophet Muhammad: “In all matters, the middle-most is the best choice”.

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.

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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.

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.

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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 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.

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We must note however, that the theory of human rights is much maligned due to its association with many irreligious claims. For example some people advocate that pornography and blasphemy are part of free speech. Drugs, drinking, gambling, abortion, surrogate motherhood, sexual orientation, cross-gender dressing and free sex are part of personal liberty. The right to life includes the right to extinguish one’s life through suicide and euthanasia!

I resolve these controversial claims by adopting two principles.

1. “Human rights” do not extend to all claims and expectations but only to those core beliefs over which there is wide, universal, inter-civilisational agreement.

2. A distinction could be made between public and private spheres. Some claims could be accepted as part of the right to privacy which the state should respect as long as the practice remains private.

Moderation entails a willingness to be objective: Dag Hammarskjold, the former Secretary-General 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.

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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”.

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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.

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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.

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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.

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Moderation is love for God and love for all His creations: Moderation is rejection of hatred, ill-will 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.

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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.

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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.

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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.

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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.

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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.

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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 of some members.

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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.

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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.

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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 cross-cultural mingling, sharing and co-dependence among us than we care to recognize, admit or celebrate”.

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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.

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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.

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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.

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Participate in NGOs and Neighbourhood Associations:

Join these organisations and support their activities. They have a tremendous role in moulding public opinion.

Such shared community work will do much to bring people of all backgrounds together.

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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”.

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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”.

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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.

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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.

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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”.

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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-communal harmony. For Muslims I wish to point out a number of exquisite examples from the Holy Qur’an, hadith and Muslim history.

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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). “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 al-Ma’ida, 5: 48).

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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).

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)

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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. If kids learn together, they will know how to live together, Schools 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).

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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.

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).

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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.

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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.

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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.

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Conference of Rulers as reconcilers and mediators:

The government should rein in the over- exuberance 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.

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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.

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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.

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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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Thank you

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