When Selangor PAS Commissioner, YB Dato' Dr. Hasan Ali suggested to the state government to ban the sales of alcoholic beverages in Muslim-majority area in Selangor and even went further to suggest to drop Ronnie Liu as Exco in charge of local government, a few issues pop-up in my mind.
First, how do we define "Muslim-majority" area? Are we going to base it on the percentage of Muslim voters in a Parliament or State seat? Are we going to base it instead on the percentage of Muslim residents in an area? If so, how do we define the boundary of the area as it can be a heavy task despite the fact that this can be done easily in urban areas like Petaling Jaya, Subang Jaya and Shah Alam as these municipalities are divided into sections or sub-sections.
Also, we have to ask how big a percentage can we use to define an as "Muslim-majority” area? Can we base it on 51%, 66%, 70% or even 90%? Can we segregate the non-Muslims from the Muslims just like how the Nazis did in Germany when they segregated the Jews from the Germans community?
Second, do we understand the issue well? I have attended a few rounds of meeting with PAS Selangor leaders over the issue and it seems to me that PAS is concerned on the sales of alcoholic drinks (beers included) in 7-11 convenient stores. As you know, such convenient stores are opened 24-hour a day. This means one can easily buy beers from 7-11 outlets even after midnight. To the Muslims, this is worrying as young Muslims can easily buy and consume alcoholic beverages from 7-11 outlets and this leads to more social problems. Most of them buy alcoholic drinks around midnight.
Third, though beer is an alcoholic drink, it is not considered as "arak" or "minuman keras" legally speaking. Traders who want to sell "arak" or "minuman keras" has to apply a special license from the Land Office and other rules. Whereas for beer, it is basically a "free-for-all" item, meaning that anybody can sell it anywhere they like as there is no legal provision to restrict the sales of beer.
So we can summarize the problems as follow:
1. The problem lies with 7-11 outlets operating 24 hours a day and selling alcoholic drinks even after midnight.
2. The problem is further compounded if there are any 7-11 outlets operating in a Muslim-majority area. Most of the staffs employed at these outlets are young Muslims.
3. Due to lax enforcement, sales of alcoholic drinks to Muslim customers are still happening though 7-11 has implemented several in-house rules not allowing its counter staffs selling alcoholic drinks to Muslim customers.
4. There is a need to define "Muslim-majority area" and it seems that it is unlikely to be an easy task. Different people will have different interpretation.
I hope this article can help everybody to better understand the issue especially our friends from PAS as it is absolutely unnecessary to make open statement on this matter before resolving it through internal channel.
First, how do we define "Muslim-majority" area? Are we going to base it on the percentage of Muslim voters in a Parliament or State seat? Are we going to base it instead on the percentage of Muslim residents in an area? If so, how do we define the boundary of the area as it can be a heavy task despite the fact that this can be done easily in urban areas like Petaling Jaya, Subang Jaya and Shah Alam as these municipalities are divided into sections or sub-sections.
Also, we have to ask how big a percentage can we use to define an as "Muslim-majority” area? Can we base it on 51%, 66%, 70% or even 90%? Can we segregate the non-Muslims from the Muslims just like how the Nazis did in Germany when they segregated the Jews from the Germans community?
Second, do we understand the issue well? I have attended a few rounds of meeting with PAS Selangor leaders over the issue and it seems to me that PAS is concerned on the sales of alcoholic drinks (beers included) in 7-11 convenient stores. As you know, such convenient stores are opened 24-hour a day. This means one can easily buy beers from 7-11 outlets even after midnight. To the Muslims, this is worrying as young Muslims can easily buy and consume alcoholic beverages from 7-11 outlets and this leads to more social problems. Most of them buy alcoholic drinks around midnight.
Third, though beer is an alcoholic drink, it is not considered as "arak" or "minuman keras" legally speaking. Traders who want to sell "arak" or "minuman keras" has to apply a special license from the Land Office and other rules. Whereas for beer, it is basically a "free-for-all" item, meaning that anybody can sell it anywhere they like as there is no legal provision to restrict the sales of beer.
So we can summarize the problems as follow:
1. The problem lies with 7-11 outlets operating 24 hours a day and selling alcoholic drinks even after midnight.
2. The problem is further compounded if there are any 7-11 outlets operating in a Muslim-majority area. Most of the staffs employed at these outlets are young Muslims.
3. Due to lax enforcement, sales of alcoholic drinks to Muslim customers are still happening though 7-11 has implemented several in-house rules not allowing its counter staffs selling alcoholic drinks to Muslim customers.
4. There is a need to define "Muslim-majority area" and it seems that it is unlikely to be an easy task. Different people will have different interpretation.
I hope this article can help everybody to better understand the issue especially our friends from PAS as it is absolutely unnecessary to make open statement on this matter before resolving it through internal channel.
3 comments:
people in Malaysia are basically of a few clearly defined 3 types.
type 1 - god fearing
type 2 hypocrites
type 3 who cares !
the people who say ban beer or alcohol are type 2.
No matter how long your postings or how short.
politicians are typr 1,2 and 3 at the same time. we call them man if the world. which type are you
type 4 ?
Dear YB Lau,
The issue of beer brewing in Selangor, is definitely going way out of proportion, as all guidelines imposed by state or local must correspondence with the rule of law which is the supreme law of our country. Once it transgress the boundaries of the law, various interpretations surface to the detriment of the govt. A simple rule of law here will be the law of Contracts.
The fundamental principle for a contract to exist is there must be an offer and acceptance. the case here in point is merely an invitation to treat and the seller is merely displaying a product which is BEER. At no time did the convenient store offered to sell or for sale this controversial product. On the contrary, an invitation to treat (ITT)advertise/display a product and the prospective buyer takes the product to the counter and offer to the seller to sell the product. It is at the discretion of seller to accept the offer and not the other way round.the discretion is up to the seller to sell or refrain to sell according to the rule of law. For ex. the law says no cigarettes are to be sold to a minor over the counter and if the seller do likewise, he is deemed to have committed an offense and be judged under the law.
The ruckus and fuss created by the Selangor PAS chief is certainly untenable and should be hauled up by the state govt for justifications. This shows his ignorance of the law and mind you, ignorance of the law is of no excuse. Such persons ought to disqualify themselves from holding political positions and he should be the one to resign from all state posts!
YB Ronnie Liu, I must commend your for your wise discretion and prudence in revoking and reprimanding the overzealous MBSA enforcers who are such a bunch of ignorant and recalcitrant officers who should in the 1st. place send to basic law school to learn about simple basic principles of law!
Otherwise, the Rakyat will continue to live in fear, not because we are law offenders, but rather in fear of moronic officers discharging their duties according to their whims and fancies.
To Dr. Hasan Ali and his cohorts, please know the law well before you open your big fat mouth, lest others will remember you for the wrong reasons! people like you, will definitely make the Selangor state poorer and poorer by the day, cause many businessmen affected by this moronic implementation will sue the govt left and right and your flimsy interpretations of the law will only jeopardize all in Pakatan.
To YAB Tan Sri Khalid and the Pakatan Selangor Exco, my suggestion is just to ignore this brainless Exco and move on to your proper perspective and priorities.
Thank you
Ang Tan Loong
President
PCAM.
ADUN Lau,
I am puzzled by PAS raising this beer issue in the midst of the MACC's selective probe on PR's Exco members.
The question I would like to pose to PAS is : Why didn't PAS raise a hue and cry during Khir Toyol's governance ?
The same seven eleven stores were there and selling the same beer and yet PAS did not raise an eyebrow.
Do Dr. Hassan Ali has a hidden political agenda ?
Knowing fully well that Dr. Hassan was courted by Khir Toyol to be the MB of the proposed UMNO/PAS coalition in Selangor after the March 2008's GE.
Dr Hassan's roots stem from UMNO and it is no surprise that he could be the link man for UMNO.
Additionally, those enforcement officers from MBSA are sympathetic to UMNO simply because they have more freedom to have their way. Afterall, the MBSA officers know the UMNO Exco are not clean anyway.
We know that Exco Member Ronnie works by the book and a no-nonsense man and naturally having their "outside" activities curtailed they would not be happy and would use this opportunity to air their unjustified grouses back on Ronnie.
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