Press Release
Prevention of Terrorism Act (POTA) 2015: Another Step that Pleases America

On 07/04/2015, Malaysia's parliament had passed an anti-terrorism bill that reintroduces detention without trial, three years after a similar law, under the Internal Security Act (ISA) 1960 was revoked. The Prevention of Terrorism Act (POTA) 2015 was passed by a majority of 79-60 after more than 12-hours of debate, in a process which was seemingly hasty and desperate. A day before, 17 people were arrested by the police, including two who had recently returned from Syria, allegedly planning to attack police stations and army camps. Home Minister Dato' Seri Dr Ahmad Zahid Hamidi, in debating POTA, asserts that terrorism is a real threat and preventive measures must be carried out.

Under this new Act, a police officer may, without warrant arrest any person if he has a reason to believe that grounds exist which would justify the holding of an inquiry into the case of that person. A person can be arrested if a police officer has reason to believe that such person is involved in or supports terrorist activities. The police are allowed to detain the suspect for 59 days before the case is brought to the Prevention of Terrorism Board, which can then order further detention of up to two years and the Board can renew the term if it deemed necessary. In addition, POTA does not allow any judicial review in any court, and no court can have any say over the decision of the board in its discretionary power.

The passing of POTA is indeed nothing more than an effort to revive the ISA with even worst provisions. Although the Act states that no person shall be arrested and detained solely for his/her political belief or political activity, but the stipulated political activity must be lawful, which connotes that whatever activity, although it is political in nature, if not allowed by the government, can be categorized as terrorism. In reality, there is no difference between this law and ISA which was originally enacted to curb the activities of the communists, but was consequently extensively used by the government on its political enemies.

In this regard, Hizb ut Tahrir / Malaysia would like to assert:

1. The government should not have passed this Act because it is contrary to Islam. In Islam, a person is presumed innocent until proven guilty and the process of proving his or her guilt must be carried out in court, not elsewhere. Only a judge is authorized to cast the verdict whether a person is guilty or not, after the person has been tried in accordance to the divine law (Hukm Shariah). Giving the authority to detain a person to the police or to the Prevention of Terrorism Board, by only mere suspicion, not by evidence, is clearly a violation of Hukm Shariah in particular with the Islamic laws of evidence.

2. Under democracy, members of the parliament are supposed to represent the voice or the will of the people, but it is an open secret that the members of parliament are in fact representing their parties, rather than representing the people's will. Here lies the blatant deceit of democracy. It is made worse when 25 opposition parliamentarians were not present during the debate! These facts clearly manifest how the public are continuously deceived under the democratic process when it is so obvious that the representatives (members of parliament) in democracy do not represent the aspirations of the people, but only blindly follow the whims of their leaders.

3. The enacting of POTA manifests another of Malaysian government's effort that go hand in hand, with what the United States of America (US) wants, apart from silencing political dissents. We all know that the war on terrorism had been aggressively promoted by the US across the globe, especially in Muslim countries, targeting Muslims as "terrorists" in this war. Any activity that are not in line with US interests, not to mention endangering the US, especially activities to uphold Islam and re-establish the Islamic State (Khilafah "Caliphate"), despite being carried out politically, fall under the definition of extremism and terrorism by the US and the US wants all Muslim rulers to side with them in this war in order to curb the efforts of sincere Muslims in implementing Islam entirely under the auspices of the Khilafah "Caliphate".

4. Any act of terrorism or violence or taking up of arms to overthrow the government or to cause chaos or disorder, including killing people without rights, Muslims or non-Muslims alike, are wrong and sinful acts that deserve punishment. However, the wrongdoer must be punished in accordance with what Allah (swt) has revealed. We unequivocally reject any form of violence and the offender must be brought to justice and tried, but not arrested and detained only on grounds of suspicion.

Hizb ut Tahrir / Malaysia hereby again and again remind all Muslims that POTA is another man-made law that is contrary to Islam, born from the womb of democracy. POTA, just like ISA and other laws, are realized because they are approved by the majority of lawmakers through the democratic process. As long as this Kufr system is practiced and upheld, all kinds of laws, no matter how cruel the laws may be, can easily be approved. The question is, where do these lawmakers obtain the authority to enact such laws if not from the people who elected them? Therefore, take heed O Muslims! You should work to uproot this damaging Kufr system and come hand in hand with Hizb ut Tahrir in the effort to establish the Deen of Allah (swt) by way of re-establishing the Khilafah "Caliphate" upon the method of Prophethood.

Abdul Hakim Othman
Head of the Media Office of Hizb ut Tahrir
in Malaysia