Why is the Inspector-General of Police called as such? And why would I instead call him an ‘Interpreter-General of Police’? The word ‘inspector’ defines all of the most important functions, duties and responsibilities of the police force.

The police force lives and dies by the evidence they collect, examine, evaluate and prosecute. But is it their job to persecute? They can and should be masters of criminal scene investigations, to use scientific methods and be skilled in the use of powerful rational logic to prosecute. But, can they persecute?

To date though, the record of our police force for criminal investigations and convictions is dismal to say the least. Even judges are now calling their work of investigation shoddy plus poor prosecution by the legal officers. And why are they also called a ‘force?’ It is simply because they have to enforce the laws of this nation. Their real jurisdiction covers the criminal law domain but not the other domains of civil law or even syariah law enforcement.

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Criminal laws are enacted to protect the state and the citizenry against any form of commonly agreed wrong-doing in the civil and syariah jurisdictions. But syariah laws are those dealing with family laws of Muslims. At least this is my understanding of our secular constitutional law. By secular, I only mean civil law as applied in public spaces and devoid of any particular religious interpretation.

By secular I do not mean the absence of any religious values. That is a very limited understanding of the concept of secular as ‘liberal anti-religious stances’ often taken in the West.

That is why it shocked me when the IGP spoke on the ‘tomboy’ fatwa and asked the respective NGOs not to comment on the issue which is under the jurisdiction of the Islamic authorities. And why is the IGP commenting? This past week even Tok Guru Nik Abdul Aziz added his ‘criminal law’ voice to advice even Muslims not to boycott what is taught in the Quran and the Hadith.

Are Tok Guru and the NGOs wrong to comment on such civil matters? Can’t Sisters In Islam comment as an NGO? Most recently also, we heard the new chief judge call upon the syariah and civil courts to consider an overlap of jurisdictions to resolve issues which come under joint oversight.

But when the Bar Council raised the same set of issues vide a public discourse and dialogue, the same ‘police non-force’ saw it fit to close one eye to the Muslim demonstrators and instead chose to open both eyes and train their magnifying glasses on the Bar Council on the same issues. They did the same even when ordinary civil society member held a peaceful vigil at the Dataran PJ recently.

Scientific, rational position

Moreover, the new CJ appears to be echoing a similar idea which the outgoing CJ had called for but was badly reported by most mainstream newspapers. The retiring CJ said more than most understood. For those who have followed the work of our former CJ, he had the credibility to make that call for this was the same call he already made to the government in the last landmark judgment case he gave on the matter of joint civil and syariah jurisdiction.

All this sounds so very rational when senior executive officers and Umno-appointed members of the judiciary appear to speak with such apparent rationality. But let us consider whether we, as a people, are truly rational and have as much grace on all such matters as we pretend to.

I had argued previously that the colour of the air we breathe is not green; although Tok Guru Nik Aziz will always swear that it is. I thereby prefer to take the scientific and rational position and would argue that air is colourless. I think God knew what he was doing at creation. Now, if the colour of the air we breathe is a therefore a non-colour; and, for example, the colours of our civil rule of law are consequently black and white; defining what we can and cannot do in the public and common spaces of life, what then is the colour of the Islamic fatwa on ‘tomboys’?

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First, let us say that all Islamic teachings and such principles are always a shade of green in colour; and let us say that the firm principles of Islam are the particular green of the colour of the PAS flag. What then is the real colour of the fatwa against ‘tomboys’? It will have to be a very light shade of green, if I am not wrong.

This is because the fatwa is only an official opinion and not a principle or even a compulsory teaching in Islam. Can someone educate and correct me if I am wrong about all this?

Therefore, should it be the job of the IGP (as inspector-general of police) to use his magnifying glass to investigate and prosecute against the black and white issues of life using a shade of a ‘green’ filter? Or, for that matter, even on the grey issues of life. What then is the clear and legitimate role of the IGP as ‘interpreter-general of police’ in interpreting the ‘green filter’ effects of the ‘tomboy’ fatwa against the so-called non-Muslim NGOs, if there is ever such as one?

I am not even sure that the Registrar of Societies would allow a non-Malay non-Muslim NGO to be registered as such! Maybe the ones that the ‘interpreter-general’ was referring to were the women’s NGO groups and their non-Malay leaders. Why would the IGP, who is appointed by the Agong and who is always responsible only to the King to uphold the federal constitution, become so racist with his views and especially with an issue which is not even under his criminal jurisdiction?

That is my sincere sadness about what has really happened and what has become of the public and civil service of this nation. This was one reason why I chose to leave early and take optional retirement. There cannot always be only one dominant and culturally-tainted view of the world; of a Ketuanan Melayu and as only defined by one particular ‘green filter’ on matters of spirituality.

Police-like force in civil life

In fact, Crown Prince Raja Nazrin very aptly and clearly called this a kind of new tribalism in his keynote address on ‘Diversity Matters’ organised by the Commonwealth Government and hosted by Monash University.

Raja Nazrin said that we should and must celebrate diversity and plurality. Can we or are we even allowed to even do this? Or is blatant and bigoted racism our only option? I heard from a student sitting next to me at the Monash lecture theatre that their entire class was ‘forced to attend the keynote lecture by the crown prince’. Such police-like force in civil life matters are all also related to diversity matters.

The crown prince’s lecture was brilliant and I was glad to be there. All visitors to Malaysia, too, thought the lecture was brilliant and an outstanding commonwealth dialogue. I was, however, there by invitation of the Monash University and the Commonwealth organisers as a participant because my colleague at UCSI University delivered a paper at the dialogue.

If the National Fatwa Council genuinely believes that their fatwa on tomboys is going to change the behaviour of their adherents, I think they are sorely mistaken. They should instead have a dialogue in the universities about the right and wrongs in Islamic modern living and allow all interested to come and question them about their so-called teachings and their so-called rulings. Let even the non-Malay groups, individuals and friends come.

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But the real question is whether these so-called learned scholars or ulama are up to the task? Will they allow their ‘green shades’ to be tested by colourless logic or rational science? Or are they more comfortable to agree only among like-minded male chauvinists wherein any view of a female on any such topics is always wrong, almost by their definition of exclusion. This was also the official view of the SIS on the same matter.

Instead of merely issuing fatwa these Elders of the Islamic faith should consider seriously engaging with women groups especially like those in the Sisters in Islam; from whom I have personally learned a lot about the real struggles of Muslim women and the real struggles of the cause for democracy within Islamic nations.

Finally, as for the IGP; he should simply be focused on doing his CSI job well. I suggest that he focus on catching the real black and white criminals and crooks and please leave ordinary civil society citizens to carry on their peaceful life in the different and other colours of the rainbow, even by candle light. There is no reason for the IGP to jangan jaga tepi kain orang lain as they say in Malay.

More importantly, please make sure your officers are not closing both eyes to the many cases in court which have the worlds’ attention and thereby our global branding is going to be severely affected. I think building a positive Malaysian reputation is also your responsibility and not just that of the tourism minister’s or the international trade and industry minister.