Category: Constitution

The honest, principled and courageous statement by the UPKO President and Minister in the Prime Minister’s Department, Tan Sri Bernard Dompok yesterday that Malaysia is not an Islamic state was completely blacked out by the mainstream media, both printed and electronic.

This is the first time that an important pronouncement of a Cabinet Minister on a grave and fundamental national issue had been blacked out by the mainstream media.

It happened on the fourth year of the Abdullah premiership which had promised greater openness, respect for diversity of views and preparedness to listen to the truth from the people, however unpleasant. Such a “blackout” never happened in the 22 years of the previous Mahathir administration.

What does this foretell about the future of Malaysia in terms of freedom of expression, free press, human rights and democracy after the 50th Merdeka anniversary celebrations, especially after the 12th general election?

One can disagree with Bernard Dompok but why should his statement be blacked out when it is to correct growing misperceptions, both historically and constitutionally, that Malaysia is an Islamic state when the fundamental nation-building principle going back to the Merdeka social contract 50 years ago and the Malaysia Agreement 44 years ago was that Malaysia shall be a secular state with Islam as the official religion and not an Islamic state.

Has Malaysia reached a stage where through sheer majority rule and administrative fiat, the Constitution can be revised without any parliamentary amendment and fundamental rights subverted without any legal basis — like the ban on mainstream discussion of the 50-year nation-building principle for a secular Malaysia with Islam as official religion and not an Islamic state.
Continue reading “Is Tsu Koon, new leader of Gerakan, “conscience of BN”, prepared to back Bernard Dompok?”

I congratulate Tan Sri Bernard Dompok, UPKO President and Minister in the Prime Minister’s Department, for his honesty, courage and conviction in speaking the truth today that Malaysia is not an Islamic state.

On the occasion of the nation’s 50th Merdeka anniversary (but 44 years of the Malaysian Federation for Sabah and Sarawak), Bernard has made Sabahans and all Malaysians proud.

At the launch of ‘The Merdeka Statement’ by the Centre for Public Policy Studies in Kuala Lumpur, Bernard said the nation’s founders did not have in mind an Islamic state when the Federation of Malaysia was formed in 1963.

He said: “I think my colleagues in the government will forgive me for saying that I will not agree that we are an Islamic state.”

Bernard is right. That Malaysia is a secular state with Islam as the official religion and not an Islamic state was one of the fundamental principles of nation-building in the Malaysia Agreement 1963 for the establishment of Malaysia with Sabah, Sarawak and Singapore, which left the federation two years later in 1965.

What is most shocking is that for past six years, no Sabah or Sarawak leader, whether Minister or Deputy Minister, whether at the national or state level, had come forward to state such a simple historical truth.

Bernard must be commended for being the first Minister from Sabah and Sarawak with the political principle, conviction and integrity to speak up to defend and uphold the fundamental principle of nation-building in the establishment of Malaysia. The question is which next Minister or Deputy Minister, whether at national or state level, Sabah or Sarawak, will now emulate Bernard to speak and defend the truth. From PBS in Sabah or SUPP in Sarawak?

This crucial issue concerns not just Sabah and Sarawak but the whole Malaysian nation — for the fundamental principle that Malaysia is a secular state with Islam as the official religion and not an Islamic state was not only the crux of the Malaysia Agreement 1963 but also of the Merdeka social contract leading to the attainment of national independence 50 years ago. Continue reading “Malaysia not Islamic state – Bernard Dompok commended, which BN Minister next who dare to speak the truth?”

I have today sent invitation to political parties, professional, civic, religious and human rights organizations and MPs to a Parliamentary Roundtable on Friday 10th August 2007 in Parliament at 10 am to reaffirm the Merdeka social contract and the Malaysia Agreement on the occasion of the 50th Merdeka anniversary the fundamental nation-building principle that Malaysia is a secular state with Islam as the official religion and not an Islamic state.

I am also issuing an Open Invitation to all Malaysian organisations and citizens to the Parliamentary Roundtable as follows:

Dear Malaysian,

OPEN INVITATION to Parliamentary Roundtable on Friday 10th August 2007 to reaffirm Merdeka social contract and Malaysia Agreement on the occasion of 50th Merdeka anniversary that Malaysia is a secular state with Islam as official religion and not an Islamic state
_______________________________________

When Malaya achieved independence in 1957 and Malaysia was formed six years later in 1963, a national social compact was reached that the nation shall be a secular state with Islam as the official religion and not an Islamic State.

The Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic state was given expression in the Federal Constitution, articulated by the founding fathers of the nation including the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein and given full recognition by the highest court in the land.

For over four decades, there was national consensus of the secular character of Malaysian nation-building which was only disrupted in the past six years, raising questions about the national commitment to protect and sustain this fundamental cornerstone of Malaysian nation-building.

A Parliamentary Roundtable to reaffirm the Merdeka social contract and the Malaysia Agreement that the nation is a secular state with Islam as the official religion and not an Islamic state is being convened in Parliament on Friday, 10th August 2007 at 10 am. (Bilik Taklimat)

This is to send out a clear and unequivocal message on the occasion of the 50th Merdeka anniversary of the nation in 2007 that the Merdeka social contract and the Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic state must continue to be the bedrock of the Malaysian nation-building process. Continue reading “Open Invitation to Malaysians – August 10 Parliamentary Roundtable to reaffirm 50-year nation-building principle that Malaysia a secular state with Islam as official religion”

A Parliamentary Roundtable to reaffirm the Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic State will be held in Parliament on Friday, August 10, 2007 at 10 am.

All political parties, professional and civic organizations, NGOs and NGIs are invited to the parliamentary roundtable to give special meaning and significance to the 50th Merdeka anniversary celebrations.

For over four decades in the history of nation, there had been no doubt or question whatsoever, whether in Parliament, Cabinet, government or outside about the secular basis of Malaysia as spelt out by the Merdeka social contract reached by the forefathers of the major communities on the attainment of independence in 1957 and the Malaysia Agreement which brought Sabah and Sarawak into the federation in 1963.

That fundamental nation-building cornerstone of Malaysia conceived as a secular state with Islam as the official religion, is not only to be found in the constitutional documents and the highest judicial pronouncements of the land, it also represented the life-work and commitment of the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein.

However, in the past few years, the secular basis of Malaysian nation-building has come under repeated challenge.

On the occasion of the 50th Merdeka anniversary, the time has come for all Malaysians to reclaim their national legacy and heritage by reaffirming the Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic State.

Or have the fundamental basis of Malaysian nation-building suffered such a serious erosion that we cannot find sufficient Malaysians, whether NGOs or NGIs, to reaffirm the Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic State.

Organisations, NGOs and NGIs, interested in attending the Parliamentary Roundtable, plse contact and register with Lau Weng San, 016-3231563.

When an emergency meeting of the Barisan Nasional leaders was held yesterday, the rumour mills worked overtime from speculation about the future of the Prime Minister, Datuk Seri Abdullah Ahmad Badawi to a very imminent general election even with dates about dissolution (August 2, 2007) and polling (August 17, 2007).

I did not give credence to both as the subject which I immediately thought of was the “717 Declaration” of Deputy Prime Minister, Datuk Seri Najib Razak that Malaysia is an Islamic state and not and had never been a secular state, which he made on July 17, 2007.

I was reminded of the earlier “929 Declaration” by the then Prime Minister, Tun Dr. Mahathir Mohamad at the Gerakan national delegates conference on Sept. 29, 2001 that Malaysia was an Islamic state.

Although Mahathir’s unilateral, arbitrary and unconstitutional declaration received instant endorsement by two top Barisan Nasional leaders present at the function, namely Datuk Seri Dr. Lim Keng Yaik (then Gerakan President) and Datuk Seri Dr. Ling Liong Sik (then MCA President), an emergency meeting of the Barisan Nasional Supreme Council had to be convened within a week on Oct. 5, 2001 as questions were raised as to how such an abandonment of a fundamental cornerstone of Malaysian nation-building could be made without proper consultation and full mandate of the leadership and membership of all the Barisan Nasional component parties as well as the Malaysian public.

What happened yesterday was a replay of the Barisan Nasional Supreme Council emergency meeting to give endorsement to the unilateral, arbitrary and unconstitutional “929 Declaration” of Mahathir — this time, to bring everyone in Barisan Nasional into line to give unquestioned support to Najib’s equally unilateral, arbitrary and unconstitutional “717 Declaration”. Continue reading “Have 3 generations of Malaysians been living under a lie in the past 50 years?”

Deputy Prime Minister Datuk Seri Najib Razak said the government has not made a “special decision” to clamp down on bloggers but advised Malaysians not to break any laws.

Referring to the police report lodged by Umno Information Chief Tan Sri Muhammad Muhammad Taib against the Malaysia Today news portal, Najib said it was up to the authorities to investigate whether any law had been contravened.

Najib may be technically right that the government has not made any such decision for a crackdown on bloggers, but clearly the Umno leadership has made such a decision which explains why the report against Malaysia Today is in the name of the Umno Information Chief, one of the top Umno leaders.

When the Umno leadership decides, who dares to say that the government has not decided?

If Umno has made a decision to crack down on the bloggers, who will believe that the government has not made a similar decision although the non-Umno Cabinet Ministers and leaders may be completely in the dark about the matter?

When a lowly officer from the Internal Security Ministry Publications Control and Al-Quran Texts Unit can unilaterally and arbitrarily issue a directive to ban media reporting of responses to Najib’s “717 Declaration” which affects only MCA and non-Umno Ministers and leaders, what further proof is needed that on the 50th Merdeka anniversary of the nation, the Barisan Nasional “power-sharing” concept is at its most attenuated form in the nation’s history!

After his report against Malaysia Today and its webmaster, Raja Petra Kamaruddin, Muhammad said: “May be they (Malaysia Today) forget that there are many sensitivities in this country. Such people want to destroy the peace in the country.”

Will the authorities be as diligent to investigate if a report is lodged that Najib had contravened the Sedition Act for his “717 declaration” that Malaysia is an Islamic state and had never been a secular state, jettisoning the Merdeka social contract which had been upheld by the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein and trampling on the sensitivities of Malaysians? Continue reading “Will police be equally diligent to investigate a report against Najib under Sedition Act for his “717 Declaration”?”

Will MCA Ministers demand in Cabinet on Wednesday the retraction of Internal Security Ministry Publications Control and Al-Quran Texts Unit “ban” to allow for responsible debate of Deputy Prime Minister, Datuk Seri Najiib Razak’s “717 Declaration” that “Malaysia is Islamic state and was never a secular state” especially when it is undemocratic, unauthorized and clear abuse of power?

It is shocking that in the past five days, MCA Ministers and leaders regard the “ban” as emanating from the most lawful and highest authority, while no one in the UMNO and UMNO Youth paid any heed to the so-called “ban” whatsoever — explaining the warning by the Umno Youth leader, Datuk Seri Hishammuddin Hussein to MCA leaders to “shut up” and stop making statements of Malaysia being a secular state as well speeches and statements by others including the Umno Youth deputy leader Khairy Jamaluddin and Umno Information chief, Tan Sri Muhammad Muhd Taib giving their distorted version of the Merdeka constitution and “social contract”.

It is most unfortunate that the Dewan Rakyat is not in session when Najib made his highly controversial and divisive “717 Declaration” which had no constitutional basis whatsoever, or DAP MPs would have rectified the distortion and rewriting of constitutional history and developments in Parliament immediately.

The Dewan Negara is in session but no Senator whether from MCA or any other Barisan Nasional component party has the conviction or gumption to stand up in the Senate to question the legality of the “ban” and to demand to know who had issued and authorized the directive but also to put on record the true history and constitutional basis of Malaysian nation-building. Continue reading “Any MCA Senator who dare to remind Najib/Hishammuddin the first 3 PMs rejected Islamic State?”

Further confirmation that the government ban on the media from reporting comments on the “717 Declaration” of Deputy Prime Minister, Datuk Seri Najib Razak that Malaysia is an Islamic state driven by Islamic fundamentals and not and never had been a secular state is confined to Ministers, Deputy Ministers and political leaders from MCA and other Barisan Nasional component parties but not to Umno.

This was why it was reported yesterday

(1) Umno Youth leader Datuk Seri Hishammuddin Hussein defied the “ban” when he arrogated to himself the role of an “elder” and publicly warned MCA leaders to stop making statements on Malaysia being a secular state; and

(2) Umno Information Chief, Tan Sri Muhammad Muhd Taib, distorted and rewrote constitutional history and developments to endorse Najib’s claim.

Today, Umno Youth deputy leader, Khairy Jamaluddin, has demonstrated that he is also not bound by the ban, which applies only to MCA Ministers, Deputy Ministers and national leaders and those from the other Barisan Nasional parties when Berita Minggu reported his speech on the subject, as follows: Continue reading “Power-sharing in BN? Press freedom in Malaysia?”

Here are three responses to the “717 Declaration” of Deputy Prime Minister, Datuk Seri Najib Razak that “Malaysia is an Islamic state and had never been a secular state” which deserve serious thought and study by Malaysians concerned about the future of nation-building in Malaysia.

The first is by Muslim Youth Movement of Malaysia (Abim) that “Malaysia has been an Islamic state in practice ever since Independence” from the following Malaysiakini report:

Abim: We’re an Islamic state in practice
Fauwaz Abdul Aziz
Jul 21, 07 2:15pm

Notwithstanding the constitutional and theoretical debates, Malaysia has been an Islamic state in practice ever since Independence, said the Muslim Youth Movement of Malaysia (Abim).

Its president Yusri Mohamad said the so-called Islamisation process has not introduced any significant novelty.

“On the contrary, it seeks to preserve the religious practices and values of its Muslim citizens.

“The only ‘changes’ that have occurred are in the attitude of those who cannot accept what has already been happening for a long time,” said Yusri when met at Abim headquarters yesterday. Continue reading “Three responses to Najib’s “717 Declaration” – “Malaysia is an Islamic state and had never been a secular state””

“Amaran kepada MCA – Hishammuddin minta henti kenyataan Malaysia Negara secular” — blared the Berita Harian front-page headline today, which carried the report by-lined Norfatimah Ahmad and Suzianah Jiffar as follows:

RANAU: Pergerakan Pemuda Umno meminta pemimpin MCA berhenti daripada mengeluarkan kenyataan yang mendakwa Malaysia sebagai sebuah negara sekular kerana tindakan itu tidak membawa manfaat kepada sesiapa.

Ketuanya, Datuk Seri Hishammuddin Hussein (gambar)menegaskan polemik sedemikian tidak harus cuba diperbesar-besarkan oleh MCA kerana ia tidak membawa kebaikan kepada mana-mana pihak sebaliknya boleh memberi kesan negatif.

“Saya beri amaran kepada pemimpin MCA supaya berhenti membuat kenyataan sedemikian. Ingin saya tegaskan, saya bukan pemimpin naif yang akan membenarkan perkara ini berterusan. Amaran saya ialah berhenti membuat kenyataan,” katanya selepas merasmikan mesyuarat Umno Bahagian Ranau, di sini semalam.

Kelmarin, beberapa akhbar melaporkan Setiausaha Agung MCA, Datuk Ong Ka Chuan, mempertikaikan kenyataan Timbalan Perdana Menteri, Datuk Seri Najib Razak, Isnin lalu yang menegaskan Malaysia adalah negara Islam yang melindungi hak bukan Islam.

Ong antara lain dilaporkan berkata, kedudukan Malaysia sebagai sebuah negara sekular terbukti menerusi pelbagai dokumen sejarah termasuk Laporan Reid, Suruhanjaya Cobbold dan keputusan Mahkamah Agung yang dibuat pada 1988.

Beliau berkata, status sekular Malaysia itu juga terbukti berdasarkan persetujuan dan kontrak sosial oleh pemimpin terdahulu seperti termaktub dalam pelbagai dokumen yang digunakan dalam proses merangka Perlembagaan Persekutuan.

Bernama yesterday also carried a similar report which appeared on New Straits Times online, as follows: Continue reading “Hishammuddin’s “no more statement that Malaysia is secular state” warning and power-grab by publications unit”

On July 17, 2007, Deputy Prime Minister, Datuk Seri Najib Razak declared that Malaysia is an Islamic state driven by the fundamentals of Islam and not a secular state. He even went out of his way to emphasise that Malaysia had “never been a secular state”.

Next day, Wednesday, July 18, 2007, just before the Cabinet meeting, MCA President and Housing and Local Government Minister, Datuk Seri Ong Ka Ting spoke to Najib about the latter’s “717 Declaration”.

What really transpired nobody would know, but the result is there for all to see — the ban on all mainstream media on comments on Najib’s “717 Declaration” that Malaysia is an Islamic State and had never been a secular state.

Did the idea of the ban and blackout of all mainstream media on comments on Najib’s “717 Declaration” emanate from the MCA or did it come from Najib?

Is the ban on all mainstream media from reporting comments on Najib’s “717 Declaration” that Malaysia is an Islamic State designed to salvage MCA from the political fall-outs in being a party to the jettisoning of the Merdeka “social contract”?

This is not only a cowardly and undemocratic act, the gravest blow to press freedom in the 45 months of Abdullah premiership, but a great disservice to the integrity of the Merdeka social contract agreed by the forefathers of the major communities as the cardinal basis of nation building — a secular Malaysia with Islam as the official religion.

The solution is not to ban the press and deny Malaysians the right to speak up to defend the Merdeka social contract which had also been the life-work of the three first Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein, but for Najib to retract his “717 Declaration” and the Cabinet to reaffirm the Merdeka social contract that Malaysia had never been conceived as an Islamic state but as a secular state with Islam as the official religion. Continue reading “Mainstream media ban on Najib’s “717 Declaration” – to save MCA for jettisoning Merdeka social contract?”

I was waiting for the Cabinet to issue a policy statement after its meeting yesterday to clarify and correct the pronouncement by the Deputy Prime Minister, Datuk Seri Najib Razak on Tuesday that Malaysia is not a secular state but an Islamic state driven by the fundamentals of Islam.

But there had been total silence from the Cabinet after its weekly Wednesday meeting yesterday.

The Cabinet failure to reaffirm that Malaysia is a secular and not an Islamic State is a great letdown bringing to the very fore the question whether the upcoming 50th Merdeka anniversary celebrations is to commemorate 50 years of a secular Malaysian nation or the beginning of a Malaysian Islamic State!

Some MCA leaders have made noises in the media that Najib’s declaration that Malaysia is an Islamic state and not a secular state flies in the face of “numerous documents, including the Reid Report, the Cobbold Commision and a 1988 Supreme Court decision” but why was there not a single one of the four MCA Ministers, as well as the Gerakan, MIC, SUPP, PBS and other non-Muslim Barisan Nasional (BN) Ministers who dared to raise this important subject to ask for a public Cabinet reaffirmation that Malaysia had always been conceived to be a secular and not an Islamic State?

Is this to be another MCA “sandiwara” — using low-level officials to question Najib’s statement that Malaysia is an Islamic and not a secular state while top MCA leaders assured the UMNO leadership of their support in Cabinet and the Barisan Nasional Supreme Council?

This was what happened when former Prime Minister, Tun Dr. Mahathir Mdohamad made the unilateral, arbitrary and unconstitutional declaration that Malaysia was an Islamic State at the Gerakan national delegates conference on Sept. 29, 2001 — the “929 declaration”. Continue reading “Great letdown – Cabinet failure to reaffirm Malaysia is a secular and not Islamic state”

Is Deputy Prime Minister, Datuk Seri Najib Razak repudiating the Merdeka “social contract” and the stand of the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein Onn with his statement today that Malaysia is “an Islamic state with its own interpretation”?

Najib’s explanation that “as an Islamic state, it does not mean that we don’t respect the non-Muslims” and that “The Muslims and the non-Muslims have their own rights (in this country)” is no assurance at all, when there is unilateral, arbitrary and unconstitutional revision of the fundamental principles of nation-building agreed by the forefathers of the major communities on the founding of the nation that whilst Islam is the official religion of the Federation, Malaya and later Malaysia is not an Islamic State, whether of the PAS or Umno variety.

This cornerstone of nation-building was best spelt out by Bapa Malaysia and the first Prime Minister, Tunku Abdul Rahman, at the 80th birthday celebrations organized by the Barisan Nasional in his honour on 8th February 1983, where Tunku pointedly said Malaysia should not be turned into an Islamic state, that Malaysia was set up as a secular State with Islam as the official religion which was enshrined in the Constitution.

Tunku said:

“The Constitution must be respected and adhered to. There have been attempts by some people who tried to introduce religious laws and morality laws. This cannot be allowed.

“The country has a multi-racial population with various beliefs. Malaysia must continue as a secular State with Islam as the official religion.”

Tunku’s stand that Malaysia was not and never conceived by the Merdeka Constitution to be an Islamic State was endorsed by Tun Hussein when the third Prime Minister celebrated his 61st birthday five days later.

There can be no doubt that this fundamental position that Malaysia was never conceived to be an Islamic State would also have been endorsed by Tun Razak if he had been alive in 1983 to celebrate Tunku’s 80th birthday and comment on his speech, as there had been no dispute whatsoever in the first three and even four decades of nationhood that Malaysia was a secular and not an Islamic state. Continue reading “Malaysia an Islamic state – Najib repudiating first three PMs on meaning of Merdeka social contract”

The admission by the Attorney-General Tan Sri Gani Patail that it was a mistake when he decided not to give the court a reason for replacing the entire prosecution team in the Altantunya Shaariibuu murder trial has raised further questions.

Gani said he had replaced the entire team of prosecutors to ensure a “fair trial” to all parties concerned. He said he had taken Deputy Public Prosecutor Salehuddin Saidin out because he was seen playing “badminton” with trial judge Justice Datuk Mohd Zaki Md Yasin.

He was going to replace Salehuddin with the Chamber’s head of prosecution Datuk Mohd Yusof Zainal Abiden, but later realized that the latter socialized with the judge as well.

Two immediate questions are:

(1) How many of the DPPs in the AG’s Chambers now play badminton or socialize with judges? Is Gani Patail going to issue a Code of Conduct for his prosecutors and officers forbidding them from playing badminton or socializing with judges?

(2) Why didn’t Justice Datuk Mohd Zaki Md Yasin recuse himself from the trial for having socialized with the prosecution? Does the Judges’ Code of Ethics forbid judges from playing badminton or socializing with prosecutors?

If so, can disciplinary action be taken against Justice Mohd Zaki under Article 125(3B) which was amended last year to provide for sanctions to be imposed on judges for breaching provisions of the Code of Ethics? Continue reading “Socialising with prosecution – Can Altantunya murder trial judge be sanctioned?”

Let me start with two preliminary observations:

Firstly, this dialogue on “Malaysia after Lina Joy” has not been organized by the DAP to mock or ridicule Islam or any other religion.

I am bold to say that Malaysians from all faiths and races who have produced this more-than-capacity turnout to this dialogue tonight have come not to indulge in Islam-bashing or bashing of any other religion.

We are gathered here as Malaysians who love our country and are concerned that on the occasion of the 50th anniversary of our nation, religious polarization has become a great threat to the unity, well-being and future of Malaysia and we want to find ways and means to surmount this challenge.

Whatever our religious, political or personal differences, there must be one common and unifying bond, that as citizens of multi-racial and multi-religious nation, everyone of us respect all the religions which have made religious pluralism a distinctive characteristic of our country.

We must all be conscious that this respect for all religions in Malaysia by every Malaysian is an essential prerequisite for the success and future well-being for the country.

Secondly, this inter-religious dialogue tonight is a history of sorts for Malaysia, some form of substitute for the “Building Bridges Inter-faith Dialogue” which had to be aborted recently.

It proves that it is possible to hold a public dialogue to address in a rational, cool and collected manner the delicate and sensitive issues of religious differences and polarization in the country, as such public discourse had been virtually banned and driven underground in the past two years.

Religion has become a major cause of national disunity and polarization after half-a-century of nationhood and these issues should be brought into the open to be dialogued in a rational manner instead of being driven underground causing divisions to fester and become increasingly explosive.

The overwhelming success of tonight’s dialogue is a signal to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi that the time has come to do what he had avoided doing in the past two years — to provide leadership for inter-religious dialogues to be held in the country to find a solution to close the national divide caused by religious polarization.

The Prime Minister has said that “a happy prime minister can do a lot of great work” and let us hope that this is one “great work” Malaysians can look forward to from him. Continue reading “Bring rational inter-religious dialogues into the open instead of allowing religious polarisation to fester underground”

Information Minister, Datuk Seri Zainuddin Maidin would do greater good as Information Minister to inform himself to understand the deep well-springs of disappointment and frustration among Malaysians with the Federal Court 2-1 decision on the Lina Joy case instead of just demonizing the foreign media as is his wont.

Yesterday, Zainuddin accused the western media for taking advantage of the court decision in the Lina Joy case to run down Malaysia as an Islamic country that practises injustice.

He cited the British Broadcasting Corporation (BBC) for using the “screaming headline”, “Malaysia Rejects Christian Appeal”, and The Times for saying that the court decision is “a slap in the face for religious freedom in Malaysia”.

The BBC, the Times and the Western media should be perfectly capable of defending themselves against the attacks by Zainuddin that they “will use any opportunity for ‘Islamic bashing’ without regard for any country as long as it practises Islamic law”.

The pertinent question is whether Zainuddin understands the widespread and deep-seated anxieties and fears by thoughtful Malaysians whose only concern is to preserve and uphold the Merdeka “Social Contract” entered into by the forefathers of the major communities build a nation founded on the constitutional principles of freedom of religion, the Constitution as the supreme law of the land and Malaysia as a secular nation with Islam as the official religion but not an Islamic state; but who see these principles being relentlessly eroded particularly in the past decade.

Zainuddin, the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz and even the Prime Minister, Datuk Seri Abdullah Ahmad Badawi have come out publicly in support of the Federal Court’s 2-1 decision in rejecting the Lina Joy appeal. Continue reading “Lina Joy case “biggest P.R disaster for Malaysia” – 400 adverse world media reports in past 48 hours”

The Federal Court 2-1 majority decision rejecting Lina Joy’s appeal marks a tectonic shift of Malaysia in moving further and further away from the Merdeka “Social Contract” founding principles of nation-building agreed by the forefathers of the major communities on the attainment of independent nationhood.

It casts a larger shadow over the national horizon with the country entering the second half-century of nationhood, with increasing doubts among Malaysians about the meaning, permanence, sustainability and viability of constitutional guarantees, civil liberties and fundamental rights.

This is because the Lina Joy case has shattered confidence in the constitutional guarantees on freedom of religion, the Constitution as the supreme law of the land and above all, the sacred Merdeka “Social Contract” underlying the Constitution that Malaysia is a secular nation with Islam as the official religion but not an Islamic state.

Malaysians alarmed at the abandonment of the “Social Contract” principles are fully justified in their concerns, especially when one compares as to what would have happened to a Lina Joy case in the first quarter-century of the nation’s history as compared to today when the nation stands on its 50th year of nationhood! Continue reading “After Lina Joy case – Malaysia, Quo Vadis!”

The Cabinet tomorrow must give top priority to end the series of man-made tragedies of religion disrupting families and announce after its meeting a proactive strategy to put an end to such instances which have cast a dark shadow over the nation’s 50th Merdeka anniversary celebrations.

For over forty years, such instances of family disruptions because of religion were virtually unheard of but its increasing incidence is giving Malaysia not only a bad name internationally but stand as an indictment of the failure of nation-building and national integration in plural Malaysia on half-a-century of nationhood.

The two latest instances:

1. A hair saloon operator, Benedict Gopal, 32, married his wife Audrey Christina Samuel, 29, six years ago and have two children Melissa, 5 and Jason 17 months. Both are born Christians.

In April, she left the house after differences with her husband, converted to Islam and took the name Nur Adryana Questina binti Abdullah. The two children remained with the father.

On May 3, 2007, she secured an ex-parte order from the Negri Sembilan Syariah Court directing the Negri Sembilan Islamic Affairs Department (MAINS) and the Police to co-operate to get Benedict Gopal to hand over Melissa and Jason to the mother.

Benedict Gopal was given 14 days to appear before the Negri Sembilan syariah court to set aside its order.

There have been two unsuccessful attempts involving the police to take Melissa and Jason from Benedict Gopal to hand them over to the custody of Nur Adryana Questina. Continue reading “Religion disrupting families — two more cases”

I have been informed that the Attorney-General’s Chambers have submitted to the Government a Constitution Amendment Bill, which is to be tabled to Parliament for passage next week or in the June/July meeting of Parliament from June 18 — July 10, 2007.

The next Constitution Amendment Bill should include a new amendment of Article 121(1B) to clearly restore to non-Muslim Malaysians the Merdeka “social contract” and their constitutional right not to be adversely affected by Syariah law and courts.

Last month, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) conducted a week-long special prayers to express their anxieties, concerns and fears over growing encroachments of religious freedoms and rights in plural Malaysia, although freedom of religion is entrenched in Article 11 of the Federal Constitution and the Constitution the supreme law of the land.

This is because the past two years have seen increasing incidence of disputes affecting the human, family, religious and citizenship rights of non-Muslim Malaysians, such as the Moorthy, Rayappan, Subashini, Marimuthu and Revathi cases.

The 1988 amendment of Article 121(1A) of the Federal Constitution was to provide to Muslims the constitutional protection for their rights to be adjudicated in syariah courts without detracting any rights from non-Muslims.

I have no doubt that if during the parliamentary debate in March 1988 on the Constitution Amendment Bill 1988 which enacted Article 121(1A), an MP had the foresight to ask whether the intention was to create injustices and family grief like the Moorthy, Rayappan and Subashini cases, or to erode and undermine the constitutional rights of non-Muslim Malaysians to seek legal redress in civil court rather than in syariah court, the answer would have been a clear “No” in both instances.

By enacting Article 121(1A), Parliament never intended to take away even one iota of the constitutional rights of non-Muslims to be fully adjudicated under civil law and not under syariah law. Continue reading “Next Constitution Amendment Bill – introduce Article 121(1B) to restore non-Muslim rights”

[1] (International Herald Tribune)
In landmark case, Hindu man in Malaysia gets custody of children born to Muslim wife
The Associated Press
Published: May 3, 2007

KUALA LUMPUR, Malaysia: Malaysia’s Islamic authorities gave a Hindu man married to a Muslim woman custody of their children Thursday, in a landmark decision for minority rights, after the couple were forcibly separated because they follow different religions.

The decision was announced at an emotional hearing in the High Court attended by the ethnic Indian couple, Marimuthu Periasamy and Raimah Bibi Noordin, both rubber tappers who had been happily married for 21 years.

The case is the latest in a series of conflicts involving the religious rights of minority groups that is straining ties in multiethnic Malaysia, where Islam is the dominant religion. Buddhists, Christians and Hindus are the minority faiths.

The crisis began unexpectedly when Islamic authorities took away Raimah Bibi and six of her seven children on April 2 on the grounds that her marriage with Marimuthu was illegal. It was not clear why the authorities acted now when the couple had been together for 21 years.

At the hearing Tuesday, Raimah Bibi, 39, broke down and sobbed openly when the judge asked her if she will give up custody of their seven children, who are aged between four and 14.

“Yes, I agree to surrender my children to Marimuthu,” she said, wiping her tears with the ends of her headscarf.

Marimuthu had filed an application demanding that the Islamic Affairs Department bring his wife and children to court. The department has indicated the couple cannot live together because Marimuthu did not convert to Islam as required by law for their marriage to be legal. Continue reading “Marimuthu/Raimah case – foreign media reports”