Despite having Muslims as the majority of the population in
this country, which based on their belief, does not consume alcoholic beverage;
it can be sold and consumed in large scale in this country because it’s allowed
according to the law. The law implemented in a country will determine which
goods and services can be sold and consumed, which one is not.
The
reason for such unfortunate reality can be traced back to the inception of this
country, when the supreme law of Malaysia,
Federal Constitution was established by the Reid Commission
headed by Lord William Reid. Even though some might argue that during the establishment
of the Federal Constitution, the commission opened for recommendations from
many parties including Muslim scholars,but we must bear in mind that it is up
to the commission to decide whether to include any of these recommendations
from the Muslim scholars in the constitution. This indicates that the establishment
of the Federal Constitution is based on the framework of the Reid Commission,
not based on Islamic one.
Therefore, the decision whether or not any economic goods
such as alcoholic beverage or pork can be processed at the industrial scale,
then sold and consumed openly is based on the law under Federal Constitution.
This is the fundamental knowledge that people need to understand beyond the
issue deaths in road accidents
caused by drunk driver.
Since the alcoholic beverage industry is legal in this
country, then the trading, as well as the consumption of alcohol is allowed to expand
like other industries as long as they comply to all related legal
provisions. In addition, some might justify
that alcohol has also contributed significantly to the Malaysian economy in
terms of creating jobs and tax revenue to the government, particularly in
tourism industry among others.
Like other industries, it is the government’s
responsibility to make sure they comply to the rules and regulations. As long
as the industries comply to the law, then they are encouraged to expand so that
they can contribute back to the economy. The same thing applied to the alcoholic
beverage industry. This is evident when Malaysia, being a renowned Muslim
country, but it has been named by the World
Health Organisation (WHO) as the world’s 10th largest consumer of alcohol
despite its small population and size.
The deaths of innocent people because of drunk drivers is
seen as a separate issue from the issue of alcohol beverage industry. That’s
why we can see that the government’s approach in handling the issue of fatal
accident caused by drunk drivers only focuses on the law related to Road
Transport Act in addition to campaigns to create awareness
on the danger of alcohol abuse, not on the
law about the alcoholic beverage industry as a whole, let alone to stop the
industry. Strengthening the Road Transport Act may or may not be successful in reducing
the incidence of fatal accident caused by the drunk drivers, yet it may not
definitely solve the issue pertaining to alcohol consumption as it does address
the problems arising from the alcoholic beverage industry. This also applies to
the government approach to the issue of domestic violence caused by drunken
husband, as the government will focus on finding the solution for the domestic
violence instead of addressing the root cause i.e. the alcohol industry as a
whole. This is the fact that we need to realize and understand.
Whether we like it or not, we have to admit that the alcoholic
beverage industry is allowed and legal in this country, just like the licensed gambling
industry. These two sectors were thriving at industrial scale and contribute significantly
to the Malaysian economy.
From the secular and capitalistic point of view, there is
no reason for the government to shut these two sectors, in fact such move is
seen as counterproductive especially during this challenging times as we are
facing economic uncertainties following the Covid-19 pandemic.
Those with higher moral compass, sincere faith, and strong
religious awareness who call for closure of the alcoholic beverage industry and
restriction of large-scale import face strong opposition particularly from
various stakeholders from the industry. Even the Law Minister who hails from
political party leaning towards Islam took the path away from tackling the root
cause, focusing instead towards ‘symptomatic’ measures similar to the plan that
has been outlined by the previous PH government.
Moreover, even though it seems that it is possible to
implement definitive solution, but in reality, it is almost impossible to do
so, as the supreme law in this country permits the growth of the industry. The
same applies to the implementation of hudud in this country. Although it looks
like there is glimmer of hope for it to be implemented, but after long polemic
and people has gained more understanding about the Federal Constitution, now even
the strongest proponent of implementation of hudud via constitutional means has
reluctantly realize that it is almost impossible to achieve under Federal
Constitution.
In Islam, the policy about alcoholic beverage industry is
very clear, that any prohibited good and services such as alcohol, pork,
gambling, prostitution and all sorts of haram activities are not
considered as economic goods. Therefore, it cannot be manufactured and sold
like other economic goods. In other words, according to Islamic rule, no alcoholic
beverage industry would be allowed to exist in an Islamic state. Alcoholic beverage (khamr) is
forbidden under ten circumstances, not only for consumption. At-Tirmidhi
reported from Anas Ibn Malik who said:
لَعَنَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ فِي الخَمْرِ عَشَرَةً: عَاصِرَهَا، وَمُعْتَصِرَهَا، وَشَارِبَهَا،
وَحَامِلَهَا، وَالمَحْمُولَةُ إِلَيْهِ، وَسَاقِيَهَا، وَبَائِعَهَا، وَآكِلَ
ثَمَنِهَا، وَالمُشْتَرِي لَهَا، وَالمُشْتَرَاةُ لَهُ
“The Messenger of Allah صلى الله عليه وسلم cursed ten in relation to Khamr: its
producer, the one assigned with its production, the one who drinks it, the one
who transports it, the one it is transported to, the one who serves it, the one
who sells it, the one who eats from its profit, its buyer, and the one for whom
it is purchased”.
Non-Muslims (Kafir zimmi), on the other hand, are
only allowed to consume alcohol in their personal place, and alcoholic
beverages are also not allowed to be sold openly to the public. Any activities
that involves alcohol consumption openly
are also not allowed in Islam.
As a conclusion, even though the number of cases of
deaths of innocent people in accident caused by drunk drivers is increasing, it
is impossible to stop the alcoholic beverage industry in this country within
the framework of this system, because the existence of such industry is allowed
by the constitution. Actions to stop the alcoholic beverage industry means
against the constitution and would be challenged by the industry players as it is
their right which was protected by the constitution.
The only viable measure that the government can do in
handling this issue is to enact the related laws to prevent drunker from
driving, no more than that, because main issue not the alcohol industry as a
whole but the act of driving
under the influence of alcohol. Therefore, the alcoholic beverage industry can only be
stopped if the country is ruled based on Al-Quran and Sunnah. The country is
none other than the Khilafah state.
Therefore the definitive solution to stop the alcoholic beverage industry which
is the root cause that resulted in the widespread negative impacts of alcohol
consumptions in our country is through reestablishement of Khilafah state
according to the method that was shown by Rasulullah (saw).
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