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Next Constitution Amendment Bill – introduce Article 121(1B) to restore non-Muslim rights

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”

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Marimuthu/Raimah case – foreign media reports

[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”

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World’s tallest Mazu statue in Kudat – What is Sabah CM Musa’s stand?

During my three-day political visit of Tawau, Kota Kinabalu and Sandakan last week together with DAP Pahang State Assemblyman Leong Ngah Ngah and DAP Sarawak Assemblywoman for Pending, Violet Yong, one of my consistent themes was calling for support for the tourist-promotion initiative of former Sabah Deputy Chief Minister/Minister for Tourism Tan Sri Chong Kah Kiat (and which is bruited as one of the two main reasons for his shock resignation) – the world’s tallest Mazu (Goddess of the Sea) statue project in Kudat.

I am glad that there is growing public support for the project in Sabah as illustrated by the Sabah Daily Express report “CM urged to reconsider” which is reproduced below.

I had intended to meet up with the Federal Minister for Tourism Datuk Seri Tengku Adnan Tengku Mansor next week during the resumed meeting of Parliament to urge him to support the world’s tallest Mazu project, which will not only be a triple bonus to the tourism promotion campaign for Kudat, Sabah and Malaysia but will also be a symbol of the “Instant Asia” publicity which Malaysia is promoting worlwide.

There would be no need for me to meet up with Tengku Adnan if the Sabah Chief Minister, Datuk Seri Musa Aman and the State Cabinet announce their support for the Mazu project in Kudat, especially as land and public donations exceeding RM5 million for the Kudat Mazu project have been pledged, and parts for the construction of the 108-ft 10-storey-high Mazu statue are being shipped to Sabah.

What is the stand of Musa on the Kudat Mazu project?

Is the world’s tallest Mazu project on the agenda of the Sabah State Cabinet at its next meeting, and if not, is there any Sabah State Minister who is prepared to make a public pledge to raise it at the next Cabinet meeting? Continue reading “World’s tallest Mazu statue in Kudat – What is Sabah CM Musa’s stand?”

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Six children being returned to Marimuthu to be brought up as Hindus — habeas corpus application for Suresh/Revathi case

A settlement was reached at the Shah Alam High Court this morning following the habeas corpus application filed by Karpal Singh on behalf of rubber tapper Marimuthu Periasamy for the release of his wife Raimah Bibi a/p Noordin and six children, Yoogneswary 12, Paramila 11, Hariharan 8, Ravindran 5, Shamala 5 and Keberan 4 from detention by the Selangor Islamic Religious Department since 2nd April 2007 on the ground that they were Muslims.

Periasamy has filed a supporting affidavit stating that he and his wife were at all material times of the Indian race and they practiced and professed the Hindu religion. They brought up their children in the Hindu religion and beliefs.

Their children were given Indian names and they had lived in peace without interruption even though they earn a modest living.

Things changed in the morning of 2nd April 2007 when seven officers acting on behalf of the Jabatan Agama Islam Selangor (JAIS) raided their residence in Kampung Baru Tambahan, Ulu Yang, Selangor, detaining his wife and six children and forcibly took them away from their house. Marimuthu was threatened with “khalwat” if he attempted to stop them.

When the Shah Alam High Court sat this morning, Karpal informed Justice Su Geok Yian that the habeas corpus application had been overtaken by events as a settlement has been reached with Raimah filing an affidavit that she remained a Muslim and that she has agreed that the six children be returned to the father to be brought up as Hindus – which is to be done later today. Raimah was in court and she confirmed the arrangement with Justice Su.

This is a sort of a solution to a very human problem affecting the parties concerned, although it is not a very happy arrangement as it leaves many issues open-ended which may cause problems in the future.

It is sad and tragic that a happy couple and united family with seven children as a result of 21 years of marriage should be broken up by religious factors when family unity and love should be the paramount concern of all religions.

Something is very wrong with our society and nation when a 21-year happy and united family could be broken up like the case of Marimuthu, Raimah and their seven children. Continue reading “Six children being returned to Marimuthu to be brought up as Hindus — habeas corpus application for Suresh/Revathi case”

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Maritmuthu’s habeas corpus application — hearing in Shah Alam High Court on 3rd May

Maritmuthu habeas corpus application hearing in Shah Alam High Court on 3rd May

Hearing for the habeas corpus application of rubber tapper Marimuthu Periasamy, 43, for the release of his wife Raimah Bibi a/p Noordin and six children, Yoogneswary 12, Paramila 11, Hariharan 8, Ravindran 5, Shamala 5 and Keberan 4 from detention by the Selangor Islamic Religious Department (JAIS) for the past 22 days has been set by the Shah Alam High Court for May 3, 2007 at 9 am.

DAP National Chairman and counsel for Marimuthu appeared before the Shah Alam High Court Judge, Justice Su Geok Yian at 2.30 pm after filing a certificate of urgency for the hearing of the application.

DPP Shoba Vengopal, who appeared for the Selangor Islamic Religious Department, asked for a month for JAIS to file affidavit but Karpal argued for earliest hearing as family unity and human rights are at stake, with Marimuthu seeking to be reunited with his wife and six children who were forcibly separated from him on 2nd April 2007 on the ground that they were Muslims.

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Subashini, Revathi, Marimuthu cases – Tunku will be most distressed if he is still alive

Subashini, Revathi, Marimuthu cases - Tunku will be most distressed if he is still alive

I have today sent an urgent fax to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking for a meeting with DAP MPs and leaders on pressing sensitive issues of national unity, religion, family and human rights highlighted by recent heart-rending controversies like the Subashini, Revathi and Marimuthu cases.

There are great and increasing concerns in our plural society about inter-religious tolerance and harmony as illustrated by the recent week-long prayers by Buddhists, Christians, Hindus, Sikhs and Taoists to seek divine intervention to spread awareness of the importance of upholding the fundamental provisions of the Malaysian Constitution with regard to Article 11 on freedom of religion and Article 4 on the Constitution as the supreme law of Malaysia.

In a written reply to the DAP MP for Ipoh Barat, M. Kulasegaran on Wednesday, Minister in the Prime Minister’s Department, Datuk Nazri Aziz said that the Prime Minister had an open attitude and discussed matters of religion with religious-based non-governmental bodies. It is in this spirit that we are asking for this meeting with the Prime Minister.

Ever since the founding of the nation, Bapa Malaysia and the first Prime Minister of Malaysia, Tunku Abdul Rahman, set the example of an open, tolerant and accommodative attitude on religious rights and sensitivities which had spared the multi-religious country from religious conflict, discord and even misunderstanding in the best part of half-a-century of nationhood.

If Tunku Abdul Rahman is still alive, I am sure he will be the first to be very distressed by the spate of heart-rending cases affecting religion which split up families — in the Marimutu case, the couple had been married for 21 years with seven children – apart from causing inter-religious strain and national disunity as well as giving Malaysia a bad name internationally. Continue reading “Subashini, Revathi, Marimuthu cases – Tunku will be most distressed if he is still alive”

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Marimuthu Periasamy files habeas corpus writ for release of wife and six children

Marimuthu Periasamy files habeas corpus writ for release of wife and six children

Rubber tapper Marimuthu Periasamy, 43, has today filed habeas corpus writ for the release of his wife Raimah Bibi a/p Noordin and six children, Yoogneswary 12, Paramila 11, Hariharan 8, Ravindran 5, Shamala 5 and Keberan 4 from detention by the Selangor Islamic Religious Department for the past 17 days.

Periasamy, who filed the action through DAP National Chairman Karpal Singh as counsel, is seeking to be reunited with his wife and six children who were forcibly separated from him on 2nd April 2007 on the ground that they were Muslims.

Periasamy has filed a supporting affidavit stating that he and his wife were at all material times of the Indian race and they practiced and professed the Hindu religion. They brought up their chileren in the Hindu religion and beliefs.

Their children were given Indian names and they had lived in peace without interruption even though they earn a modest living.

Things changed in the morning of 2nd April 2007 when seven officers acting on behalf of the Jabatan Agama Islam Selangor (JAIS) raided their residence in Kampung Baru Tambahan, Ulu Yang, Selangor, detaining his wife and six children and forcibly took them away from their house. Marimuthu was threatened with “khalwat” if he attempted to stop them. Continue reading “Marimuthu Periasamy files habeas corpus writ for release of wife and six children”

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Continuing family tragedy of trio forcibly separated in three different locations

Continuing family tragedy of trio forcibly separated

LATEST –

Revathi Masoosai/Siti Fatimah’s 100-day detention for Islamic rehabilitation which ends today has been extended by the Malacca Syariah Court for another 80 days.

Revathi’s husband, Suresh Veerapan was informed by Malacca Syariah Court officials that her detention at the Faith Rehabilitation Centre in Ulu Yam has been extended by 80 days.

When Suresh Veerapan asked for the reasons, an official told him “she did not cooperate during the 100-day stay” which ended today.

His demand for a copy of the court order on the extension was denied. Revathi was not brought to the Malacca court from Ulu Yam in Selangor. Dozens of relatives were waiting to see her.

Revathi, who suffers from asthma, had told her husband last week that she was not taken to a doctor although she was sick.

It is sad and tragic that this heart-rending tale of the father, mother and baby girl being forcibly separated into three different locations by law and religion had not been resolved today, despite a memorandum by DAP MPs to the Prime Minister, Datuk Seri Abdullah Ahmad Badawi last week.

The following Associated Press report furnishes a backgrounder to this continuing tragedy: Continue reading “Continuing family tragedy of trio forcibly separated in three different locations”

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Forcible separation of Marimuthu from wife and six children – habeas corpus writ

Forcible separation of Marimuthu from wife and six children - habeas corpus writ

DAP National Chairman Karpal Singh will file habeas corpus application for rubber-tapper Marimuthu a/l Periasamy to be reunited with his wife, Raimah Bibi a/p Noordin and six children (Yogneswary 12, Paramila 11, Hariharen 8, Shamala 5, Ravindran 5 and Kuberan, 4) who had been forcibly separated from him for two weeks by Jabatan Agama Islam Selangor (JAIS).

On 2nd April, 2007, seven officers from JAIS came to his house in Kampung Baru Tambahan Ulu Yam Lama, Selangor and told him that his wife of 21 years was a Muslim and that she and the six children must be placed in a rehabilitation centre.

Marimuthu, 44, had no choice but to let the officers take his family away.

He said an “ustaz” told him to convert to Islam or threatened to charge him for khalwat with Raimah.

Raimah, who returned to help him with the rubber tapping work two days later, told him that Jais had placed the family in the nearby Kampung Melayu Liga Emas, a Muslim Malay populated area, so that the neighbours can keep an eye on her daily activities and prevent her from meeting with any outsiders, particularly her Hindu husband. Continue reading “Forcible separation of Marimuthu from wife and six children – habeas corpus writ”

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Nazri’s reply in Parliament completely unsatisfactory and unacceptable

The reply by the Minister in the Prime Minister’s Department, Datu Nazri Aziz in the final winding-up of the debate on the Royal Address yesterday is totally unsatisfactory and unacceptable, particularly on four public interest issues of national importance.

As Nazri’s reply blatantly disregarded the paramount principle in nation-building which had recently been enunciated by the Raja Muda of Perak, Raja Nazrin Shah, MCA Ministers are challenged to speak up in Cabinet to dissociate themselves from Nazri’s reply on four important public interest issues:

  • Brain drain with migration overseas of one to two million of the best and brightest of Malaysian sons and daughters for over three decades;
  • Education Minister and UMNO Youth leader, Datuk Seri Hishammuddin Hussein’s keris-wielding at the recent Umno Youth assembly in the context of rising chauvinist and extremist demands and pressures;
  • Rejection of the Inter-Faith Council proposal;
  • Worst corruption crisis in nation’s 50-year history.

Nazrin’s keynote address on “Prospects and Challenges of Nation-building” at the Young Malaysians’ Roundtable Discussion on National Unity and Development in Malaysia last week must be compulsory reading for Cabinet Ministers and all Barisan Nasional MPs — and they should be made to pass a test to ensure that they fully understand Nazrin’s speech and grasp the message of the Raja Muda of Perak.

The most important message of Nazrin’s keynote address is that Malaysia belongs to all Malaysians equally, and all have an equal right and responsibility to take ownership of their country and its future, as represented by this declaration: “Malaysians of all races, religions, and geographic locations need to believe beyond a shadow of doubt that they have a place under the Malaysian sun.”

Unfortunately, Nazrin’s message that all Malaysians must have an equal place under the Malaysian sun has not been understood by Nazri, Barisan Nasional Cabinet Ministers and MPs particularly from the MCA. Continue reading “Nazri’s reply in Parliament completely unsatisfactory and unacceptable”

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First his wife and then his daughter taken away…

First his wife and then his daughter taken away...

Siti Fatimah was born in 1978 to an Indian Muslim couple. She was brought up by her grandmother who is a practising Hindu. She sees herself as a Hindu and declared herself as one on 21 Mar 2001 through a statutory declaration. She changed her name to Revathi Masoosai.

She is married to Suresh a/l Veerappan, a Malaysian Indian Hindu on 10 March 2004, against her family’s opposition. They could not register their marriage because of her religion.

She gave birth to a daughter on 19 December 2005 at the Malacca General Hospital. Two days later, just about when she was packing to go home, three men and a woman who introduced themselves as officials from Malacca Islamic Office came to ask her to hand over her daughter to them. She refused.

She was not able to register her daughter as a Hindu. In fact she had difficulty in getting her a birth certificate. She had to change her Muslim name to Hindu name in her identity card.

In January this year, Revathi was taken into custody and taken to Pusat Pemulihan Akidah di Ulu Yam, Selangor, for rehabilitation for 100 days. Her rehabilitation will be due by 18 April but her detention can be extended.

During her detention, Suresh and his mother took care of his daughter. On March 26, Suresh was told his daughter, now 15 months old, was taken away by a group of people which consisted of a policeman, a lawyer and Revathi’s mother. He lodged a police report the same day, stating that he had no knowledge of the whereabouts of his daughter. Continue reading “First his wife and then his daughter taken away…”

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Week-long special prayers by non-Muslims – Cabinet should retrieve and discuss memorandum by nine Ministers

Week-long special prayers by non-Muslims - Cabinet should retrieve and discuss memorandum by nine Ministers

The Cabinet tomorrow should give serious attention to the week-long special prayers by non-Muslim religions, retrieve the memorandum by nine of ten non-Muslim Ministers in January last year and place on top of its agenda the rising anxieties and fears of non-Muslim Malaysians about their religious rights and sensitivities.

It is a cry of despair and desperation when the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has to resort to the special prayers campaign to press their plight over their anxieties 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.

It is also a signal that more and more Malaysians are losing hope and confidence in the ability of the courts to play its role as the bulwark of the constitutional freedoms and liberties of Malaysians entrenched in the Constitution.

This is why the MCCBCHST, almost giving up hope in human intervention in the name of justice, fair play and the constitutional guarantees of freedom of religion, is forced to the last resort, in the words of the MCCBCHST president Chee Peck Kiat, of seeking “divine help to to impress upon the leaders of the government and judiciary to uphold the Federal Constitution”.

Chee said: “The only resolution I can think of to the issue is (engaging in) prayers so that the leadership and the judges will be more enlightened (and be moved by their) moral conscience to interpret the Constitution in accordance to what is in it rather than interpreting it according to (their religious beliefs).”

All the Cabinet Ministers should feel thoroughly ashamed of themselves that they have driven the MCCBCHST to seek “divine help” instead of “human intervention” in order to resolve the worsening constitutional crisis over freedom of religion, because of their indifference, neglect or sheer cowardice from addressing and resolving the issues involved. Continue reading “Week-long special prayers by non-Muslims – Cabinet should retrieve and discuss memorandum by nine Ministers”

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PM – address cumulative Article 11 concerns

Secondly, on Inter-religious relations today and the past 50 years. In the first two decades of nationhood, the government sponsored the establishment of a Inter-Religious Council headed by a Cabinet Minister to promote inter-religious dialogue, understanding and goodwill. Today, a very similar proposal, the Inter-Faith Council, is regarded as highly sensitive and intolerable by the government-of-the day. What has gone wrong?

It is most regrettable that despite six requests in the past nine months, the Prime Minister has refused to meet the Article 11 coalition of 11 civil society groups to uphold the Federal Constitution as the supreme law of the land — or even to give any response.

Why is the Prime Minister who preaches inter-religious dialogue in international conferences adopting such a hostile attitude to Article 11 and domestic inter-religious dialogue?

Non-Muslim concerns about religious freedom as entrenched in Article 11 have been re-ignited by the latest Court of Appeal judgment in the R. Subashini case.

Just like the S. Shamala case in 2004, the Hindu women found they could not seek legal remedy in the civil courts to protect their rights after their husbands converted to Islam and unilaterally converted their children.
Continue reading “PM – address cumulative Article 11 concerns”

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When Philosophy meets Religion

When Philosophy meets Religion
Azly Rahman
[email protected]

-An Invitation to a Virtual Interfaith Dialogue

Humanity cannot live by bread or rice alone – it needs transcultural philosophy as a foundation of morality.

The philosophical dimension of religion can be more powerful than its institutional and ritual. It should be through the philosophy of religion that one can explore the essence of the dialogue between what Hassidic philosopher Martin Buber calls, the “Thou and the I”, the Ultimate Self and the Ultimate Reality, or between Man and Creator. This is what is meant by the transcultural nature of mystical discourse. Those familiar with Buber’s philosophy will agree that the idea of the dialogical “I-Thou” contains a profound statement of Man’s ontological vocation, a transcultural-philosophical view can best be an avenue which can appeal to educational philosophers intending to explore universality in mystical thoughts.

For societies struggling to understand the potentials of an interfaith dialogue, this idea can be a good starting point for a powerful discourse. Continue reading “When Philosophy meets Religion”

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Snoop squads – remove Rosol as Terengganu Exco and Islam Hadhari Committe Chairman

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi went out of his way during his visit to Indonesia to “shoot down” a move by the Terengganu state government to set up a “snoop squad” or “informers” who would be rewarded for reporting “immoral activities”.

Stating his disapproval of such moves by religious authorities, Abdullah told them to stop policing the morals of Muslims and concentrate on tacking various urgent issues facing them.

The issue at stake is not so much about Terengganu state government attempting to set up a moral “snoop squad” or “informers”, but the credibility and legitimacy of the Prime Minister’s authority.

Why there is yet another attempt at moral policing, and this time under the auspices of the Terengganu Islam Hadhari Committee, despite the previous attempts in Malacca and Selangor to have either volunteer “snoop squads” or Mat Skodeng which were disbanded after the federal government had made known its disapproval as well as the international furore following the scandalous khalwat raid of an elderly American couple in Langkawi in Kedah?

From the statements given by the Terengganu Islam Hadhari Committee chairman, Datuk Rosol Wahid in the past two days, it is clear that the Terengganu state government or at least Rosol is not very convinced by Abdullah’s directive or reasons. Continue reading “Snoop squads – remove Rosol as Terengganu Exco and Islam Hadhari Committe Chairman”