Would Malaysia be formed 50 years ago if Court of Appeal Allah judgment was the law of the land

Barely a month after the 50th anniversary of the formation of the Federation of Malaysia, the recent Allah Judgment has raised many important questions for the founding of and the future of our country.

The first point of the 18 point Sarawak agreement and the 20 point Sabah (then North Borneo) agreement emphasized the freedom of religion that must be enjoyed by Sarawak and Sabah as minimum demands for the formation of the Federation of Malaysia.

It should be noted that in the Cobbold Commission Report of 1962, the views of the Chairman and the British members of the Commission were for the insertion into the state constitutions of Sabah and Sarawak a specific provision to guarantee the freedom of religion.

It should also be noted that the Malayan members of the Commission, Ghazali Shafie and Wong Pow Nee both agreed that while Islam would be the national religion for the Federation, they were ‘satisfied that the proposal in no way jeopardises freedom of religion in the Federation, which in effect would be secular’.

Given the importance of the freedom of religion to the peoples of Sabah and Sarawak, would there have been widespread support for the formation of the Federation of Malaysia if the Court of Appeal Allah judgment was the law of the land?

What would have been the reaction of the peoples of Sabah and Sarawak to the findings of the judgment prohibiting the usage of the word “Allah” in the Herald and that the usage of the name “Allah” is “not an integral part of the faith and practice of Christianity”?

Or would history have been overturned and Malaysia, as we know it today, comprising of Peninsular Malaysia, Sabah and Sarawak not be in existence?
Continue reading “Would Malaysia be formed 50 years ago if Court of Appeal Allah judgment was the law of the land”

Court wrong in Allah decision, says law expert

Malaysiakini
Oct 15, 2013

The Court of Appeal was wrong in its decision banning Christian weekly Herald from using the word ‘Allah’ to refer to God in Bahasa Malaysia, said a constitutional law expert.

“By linking religious rights under the chapter on fundamental liberties with Article 3(1) of the Federal Constitution which effectively makes Islam the benchmark for everybody, this runs counter to the general meaning of Article 3(1) of the Federal Constitution itself,” Dr Abdul Aziz Bari told Malaysiakini today.

“The plain meaning of Article 3(1) is simply this: that despite the fact that Islam has been made official religion, non-Muslims may go on practising their religions freely without restriction,” said the former Universiti Islam Antarabangsa (UIA) law lecturer.

He said that the implication of the decision is that it might make non-Muslims feel “unsafe” and this is contrary to the essence of the Article 3 in the constitution.

Abdul Aziz also noted that the court decision yesterday sounded like a “policy decision” – a decision that is not strictly based on law. Continue reading “Court wrong in Allah decision, says law expert”

In Borders case, common sense triumphs over bad faith

by Debra Chong
The Malay Mail Online
August 20, 2013

KUALA LUMPUR, Aug 20 — In the face of Malaysia’s rising religious conservatism, a civil court judge has boldly ruled on reason and common sense to uphold a Muslim storekeeper’s constitutional right to sell a book Islam’s gatekeepers here found offensive.

The court case involving the local Borders’ sale of Canadian author Irshad Manji’s book “Allah, Liberty and Love” has been closely-watched since it hit national headlines last year after Islamic enforcement officials seized the stock and charged the store manager Nik Raina Nik Abdul Aziz with violating publication and distribution laws.

Five months after pronouncing the Federal Territories Islamic Religious Department (JAWI), the home minister and the minister in the Prime Minister’s Department in charge of Islamic affairs guilty of abusing their powers to illegally prosecute the bookstore’s Muslim manager, Datuk Zaleha Yusof of the Kuala Lumpur High Court has finally released her grounds of judgment.

Though couched in the language of the court, the judge’s strongly-worded explanation kept to a strict interpretation of the law that has given hope to Malaysians that their civil liberties as laid down in the country’s founding document remain as robust as the day they were conceived half a century ago.

“I am satisfied that the applicants have shown existence of illegality, abuse of discretionary powers, irrationality, unreasonable exercise of power, unconstitutionally and that there exists procedural impropriety on the part of the respondents,” Zaleha wrote in her grounds of judgment released last week. Continue reading “In Borders case, common sense triumphs over bad faith”

Can religious leaders still talk through issues anymore?

by Jennifer Gomez and Hasbullah Awang Chik
The Malaysian Insider
August 19, 2013

To the world, before these past few weeks, Malaysia has been a country that always at least claimed to be a model for moderate faith and prided itself on cherishing interfaith dialogue and shared space.

No one is making that claim anymore, at least no one from the top. No one there can.

Not when in the space of bare weeks, Malaysians have seen two high religious figures – one Buddhist, the other Catholic – have to issue apologies to mollify a madding crowd. Continue reading “Can religious leaders still talk through issues anymore?”

The escalating religious intolerance must stop

– Lawyers for Liberty
The Malaysian Insider
August 16, 2013

Lawyers for Liberty views with extreme concern the escalating religious intolerance in Malaysia where in recent months, several minor incidents of perceived insult against Islam have been blown completely out of proportion by Umno leaders, their supporters and the mainstream media – leading to the arrest and remand of Maznah Yusof, known as Chetz, and Syed Ahmad (the resort owner), and in Alvivi’s case, criminal charges and denial of bail (which was later reversed after eight days in prison).

While religion especially Islam is a sensitive subject to most, this however must not detract from the fact that Malaysia is a multi-racial and multi-religious democratic state with established democratic norms including the Federal Constitution guaranteeing fundamental rights, rule of law, due process and other practises that mark Malaysia as a
modern and civilised state.

Religion like any other important issue cannot escape from being subjected to scrutiny, comment, satire and to the less eloquent, insult and condemnation.

The government and state institutions such as the police, Attorney-General’s Chambers and Jakim, instead of advocating harsh action, should take a more measured approach in diffusing this obvious attempt to pit Malay/Muslim against other ethnic group/religion and explain why Islam or any other religion should not be subjected to insults. Continue reading “The escalating religious intolerance must stop”

We have to keep the faith, even if our leaders can’t

— May Chee Chook Ying
The Malay Mail Online
August 14, 2013

AUG 14 — Many are making senseless statements; some to the extent of baying for blood. It’s almost unbelievable that our beloved motherland has descended to such depths. The irresponsible politics being played out by those morally bankrupt are keeping some people at the level of their instincts.

That’s what arrogant politics does – it divides the masses. It refuses to respond to new realities. It insists that the only way to solve problems is to bring back archaic structures and instruments that demean the human person. Are we still moving towards 2020, the year we are supposed to be a developed nation? How can a nation be developed when the puppeteers are still hoping to enslave the minds of the masses? To dictate to them and control their every move?

Things are coming to a head now in Malaysia. Instead of finding out what went wrong; whether those in power have had a share in the fault, looks like the liberty of some will have to be sacrificed in order to expedite matters. As usual, coming up with irresponsible band-aid solutions, e.g. bringing back the EO instead of implementing the ICPMC. Harking back to the dark old days when events in life are pushing us forward to change plans and directions? Continue reading “We have to keep the faith, even if our leaders can’t”

I AM INSULTED…

— Patricia Anne Martinez
The Malay Mail Online
August 12, 2013

AUG 11 — As an ordinary Malaysian Christian, specifically a Catholic, I want to place on record that I am deeply INSULTED.

I just watched the programme “Pope from the end of the world” on the Astro History channel. It is a biography (and nothing else) of Pope Francis. Perhaps it was featured before, but it was the first time I watched it.

Before the programme was aired, the following appeared on the screen: “THIS PROGRAM PORTRAYS DEPICTION OF RELIGIOUS FIGURES AND REPRESENTS VIEWS OTHER THAN MUSLIMS’. VIEWER DISCRETION IS ADVISED.”

The disclaimer — if it can be called that — was shown FOUR TIMES throughout the programme.

I feel insulted because the statement shows a deep insensitivity, as if a programme about the life of the head of my Church is something on par with pornography or material of dubious ethical and moral value. Continue reading “I AM INSULTED…”

Joseph Kurup: Minister of unity or disunity?

— Ravinder Singh
The Malay Mail Online
August 11, 2013

AUG 11 — Speaking at the 30th anniversary dinner of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) Joseph Kurup, Minister in the Prime Minister’s Department in charge of National Unity, said “We can’t allow issues that might just be a storm in a teacup take a turn for the worse, abruptly turning it into a perfect storm, destroying what took us years and years to build.” Beautiful words!

He also said the government has “taken a zero-tolerance approach and sometimes contentious position on religious bigotry”. Empty words, at least until now!

Racial and religious provocations by the likes of Ibrahim Ali (burn the Bibles), Ridhuan Tee (about Thaipusam), Zulkifli Nordin (Hindu deities), and some other Muslims have been going on not for days, but for years. Yet, not a murmur from the minister of national unity until the chest beating at the dinner.

The minister should state openly his stand on racial / religious bigotry — what does it mean to him? Continue reading “Joseph Kurup: Minister of unity or disunity?”

I did not post the raya greeting, says DAP man

Leven Woon | August 10, 2013
Free Malaysia Today

Johor Bahru DAP division secretary Alan Tang today claimed that someone forged his identity on a new Facebook account and uploaded a Hari Raya greeting with an image of a roasted pork head.

PETALING JAYA: Johor Bahru DAP division secretary Alan Tang today vehemently denied posting a Hari Raya greeting that featured a roast pork dish on social network site Facebook, claiming that his identity had been forged.

The image showing a roasted pork head sandwiched between the Malay traditional snack lemang (glutinous rice) and ketupat (dumpling) surfaced on the first day of Hari Raya and quickly earned the ire of the Muslim community.

Tang, when contacted, told FMT that he could not “have been so dumb to produce such a greeting”.

“I’m the one always advising my friends and comrades against touching on issues pertaining to race, religion and royalty, and it is even more impossible for me to do it myself,” said the 28-year-old Tang.

A print screen of Tang’s facebook account with the greeting was circulated on several pro-BN websites, but a search on Tang’s account found no such posting. Continue reading “I did not post the raya greeting, says DAP man”

A letter to Muslims on the celebration of ‘Eid ul-Fitri

– Pope Francis
The Malaysian Insider
August 07, 2013

To Muslims throughout the World,

It gives me great pleasure to greet you as you celebrate ‘Eid ul-Fitri, so concluding the month of Ramadan, dedicated mainly to fasting, prayer and almsgiving.

It is a tradition by now that, on this occasion, the Pontifical Council for Inter-religious Dialogue sends you a message of good wishes, together with a proposed theme for common reflection.

This year, the first of my Pontificate, I have decided to sign this traditional message myself and to send it to you, dear friends, as an expression of esteem and friendship for all Muslims, especially those who are religious leaders.

As you all know, when the Cardinals elected me as Bishop of Rome and Universal Pastor of the Catholic Church, I chose the name of “Francis”, a very famous saint who loved God and every human being deeply, to the point of being called “universal brother”. He loved, helped and served the needy, the sick and the poor; he also cared greatly for creation.

I am aware that family and social dimensions enjoy a particular prominence for Muslims during this period, and it is worth noting that there are certain parallels in each of these areas with Christian faith and practice.

This year, the theme on which I would like to reflect with you and with all who will read this message is one that concerns both Muslims and Christians: Promoting Mutual Respect through Education. Continue reading “A letter to Muslims on the celebration of ‘Eid ul-Fitri”

One Indian’s response to Art and Zahid

– Rama Ramanathan
The Malaysian Insider
July 26, 2013

Two articulate writers, both lawyers, both Muslims, both patriots, have commented on the Pristina primary school incident, which I too have commented on.

Art Harun’s piece is titled “Once we were beautiful.”

Art reminisces about his schooldays in a mixed race, English-stream primary school in the sixties. He names some of his Chinese, Indian and Malay teachers. He affectingly recalls being corrected by some of them. He notes it was then normal not to fast till year 5 and it was even normal, not disrespectful, to snack while walking about.

Art recounts his move to a “mixed” boarding school. He studied, played, ate and made mischief with friends who weren’t Malays. Inter-communal mixing was normal.

Art laments that “non-Muslims don’t send their kids to national school anymore,” preferring vernacular and private schools. He points out that now national schools require students to recite morning prayers, have walls adorned with Quranic verses and are filled with Malay/Muslim students.

Art’s point about the state of our schools today is:

“The small number of non-Malay kids also gives a sense of false superiority complex to the Malay kids as well as teachers. Thus, my race and my religion are more important than you, your religion and everything else.

Art says the superiority complex is the reason why “many national schools” close their school canteens during Ramadan, though that’s not the publicly offered reason. Continue reading “One Indian’s response to Art and Zahid”

Wanted in Malaysia: Empathy

by The Malaysian Insider
July 24, 2013

How did Malaysia come to this point? Where billions have been spent on national unity programmes, Bangsa Malaysia initiatives and grandiose 1Malaysia schemes and yet EMPATHY for each other is so glaringly missing from daily life.

The Oxford Dictionary defines empathy as the ability to understand and share the feelings of another. Some may see it as “standing in someone else’s shoes” or “seeing through someone else’s eyes”.

Whatever the definition, implicit in it is a feeling of compassion for another.

If the feeling of empathy courses through the veins of Malaysians, we would be very slow to ridicule the religious practices of another or even place each other in racial pigeonholes. Very slow. Because we would feel the hurt that a wayward word or action could cause another group of Malaysians.

In addition, we would be quick to condemn or disapprove of behaviour not in keeping with our national psyche. Continue reading “Wanted in Malaysia: Empathy”

Respect all races and faiths

Jeswan Kaur | July 21, 2013
Free Malaysia Today

With all the racial tension and unhappiness taking place, it is a wonder how Najib intends to pull off the national reconciliation agenda.

COMMENT

Former prime minister Dr Mahathir Mohamad keeps insulting the non-Malays all the time and not a word comes of concern comes out from the mouth of the country’s leading party, the Barisan Nasional alliance.

Likewise, Mahathir’s protege, Ibrahim Ali who founded the Maly extremist party Perkasa and his deputy Zulkifli Noordin who have little to fear each time they take pot-shots at the non-Muslims.

Then there are others in powerful positions who keep stirring racial tensions by warning the non-Malays to refrain from using the word ‘Allah’.

The word “Allah” has been used by the Sikhs and Christians for a long, long time or for that matter Arab Christians have been using the term “Allah” for over 600 years before the Muslims began doing so?

The word “Allah” is used 12 times in the Sikh holy scripture, the Guru Granth Sahib, by Sheikh Farid, Guru Nanak and Guru Arjan Dev while Sant Kabeer has uttered the word 18 times.

Despite that, Umno continues to live by its fallacy that only Muslims have the right to use the word “Allah” despite the fact that the term has been used by the Sikhs and the Arabic-speaking Christians of Syria and the rest of the Middle East.

Now Kedah menteri besar Mukhriz Mahathir has decided to follow in the footsteps of the rest by barring the non-Malays there from using the word ‘Allah’. Continue reading “Respect all races and faiths”

Time the Christian politicians protected their flock

The Malaysian Insider
July 14, 2013

NEWS ANALYSIS – Datuk Seri Idris Jala. Tan Sri Joseph Kurup. Datuk Seri Dr Maximus Ongkili. Datuk Joseph Salang Gandum. Datuk Joseph Belaun. Datuk Seri Douglas Unggah. Datuk Dr Ewon Ebin. Datuk Richard Riot. Datuk Mary Yap…

These names have several things in common: they are either ministers or deputy ministers in the Najib administration, represent constituencies in Sabah or Sarawak and are Christians.

Yes, they are Catholics, Protestants, Evangelical, and are members of Sidang Injil Borneo but do not expect any of them to lead the charge and defend the position of their faith in public.

Indeed, there is a better chance of there being four seasons in Malaysia than any Christian representative resigning from government on a matter of principle, say, because the administration going back on its word on the use of the word Allah by East Malaysians. Or even taking the fight to right-wing groups who in the past few years have threatened Christians.

They are ensconced in nice and comfortable positions of power and prefer others to do the heavy lifting.

So it is left to the various church leaders and even some non-Christian elected representatives to protect the constitutional right of freedom of worship and ensure fairness in public policies. Continue reading “Time the Christian politicians protected their flock”

Religious Bill splits Cabinet after divisive election

The Malay Mail Online
July 04, 2013

KUALA LUMPUR, July 4 — Some of Prime Minister Datuk Seri Najib Razak’s Cabinet have spoken out in dissent over a Bill that would let a single parent or guardian convert their child to Islam without their partner’s consent.

The proposed change has sparked protests from the prime minister’s biggest coalition partners, as well as leaders of religious and ethnic minorities in the Muslim-majority nation. The row comes as Parliament resumed last week after May’s general election which saw support for the government slide to its lowest level in more than 55 years.

“Certain sections of the Bill can be detrimental to non- Muslims,” Datuk G. Palanivel, a minister who heads the MIC in Najib’s governing Barisan Nasional coalition, said in a phone interview. “The government should propose a fairer version of the Bill, taking into account individual rights and civil liberties.”

The heads of some other parties representing minority groups in Najib’s coalition, including the MCA, have also protested the proposed amendment, testing the alliance’s unity as economic growth slows. Net foreign direct investment dropped 17 per cent last year to US$10.1 billion (RM31.3 billion) as spending in neighbours including Singapore and Indonesia increased, according to a report by the United Nations Conference on Trade and Development last week. Continue reading “Religious Bill splits Cabinet after divisive election”

A Bill that Does Not Fit

By Kee Thuan Chye
Yahoo News
4th July 2013

The amendment to Clause 107(b) of the Administration of Islamic Law (Federal Territories) Act 2013, tabled for passing this month, is going to be one helluva bill. Voting on it will see whether representatives of certain component parties within the ruling Barisan Nasional (BN) coalition will break from the party line and vote according to their own conscience.

The MCA, the MIC and Gerakan, avowedly looking after the interests of non-Muslims, have been critical of the bill. It will therefore be a real test of their integrity to vote against it. Abstaining from voting will not be enough. They must walk their talk.

From the layman’s point of view, the bill seems to be simply about granting either parent of a child below the age of 18 the right to convert the child to Islam. The front-page headline of the July 3 edition of theSun sums it up: ‘Mom or dad?’ And if one were to apply simple logic, the answer would be obvious. Since both parents gave life to the child and are responsible for its growth, why should it be that only one is enough to decide?

But the issue is not so simple. It never is when it comes to religion. And more than that, this current bill indicates an about-turn by the Cabinet. Continue reading “A Bill that Does Not Fit”

Respecting our children’s freedom

Amar Singh
The Malaysian Insider
July 02, 2013

I want to thank every media or editor that has spoken up against the proposal by our government to introduce a law allowing one parent to change their children’s religion. It shows the courage of that media/editor and expresses the opinion of the majority of Malaysians. This attempt by the government to introduce such a law is a violation of the basic human rights of any individual and shows how little they respect the fundamental freedoms of our children.

The United Nation Convention on the Rights of the Child (UNCRC) has been available since 1989 and signed by our Malaysian Prime Minister in December 1994. The UNCRC outlines the basic rights that should be accorded to any child. The fact that Malaysia is signatory underlines that the government of Malaysia is committed to uphold these fundamental rights. When countries ratify the Convention, they agree to review their laws relating to children.

Article 3 of the UNCRC clearly states that the best interests of children must be the primary concern in making decisions that may affect children. And that all adults, including the governing body of the country, should do what is best for children. This clearly includes policies and laws.

Article 14 speaks about the freedom of thought, conscience and religion. To quote “Children have the right to think and believe what they want and to practise their religion, as long as they are not stopping other people from enjoying their rights. Parents should help guide their children in these matters. The Convention respects the rights and duties of parents in providing religious and moral guidance to their children. Religious groups around the world have expressed support for the Convention, which indicates that it in no way prevents parents from bringing their children up within a religious tradition. At the same time, the Convention recognises that as children mature and are able to form their own views, some may question certain religious practices or cultural traditions. The Convention supports children’s right to examine their beliefs, but it also states that their right to express their beliefs implies respect for the rights and freedoms of others.” Continue reading “Respecting our children’s freedom”

Cabinet should withdraw Section 107(b) of Administration of Religion of Islam (Federal Territories) Bill 2013 to give time for Malaysians to achieve national consensus on conversion of minor children to Islam in keeping with the Constitution and to promote family integrity, freedom of religion and national harmony

The Cabinet should withdraw Section 107(b) of the Administration of Religion of Islam (Federal Territories) Bill 2013 to give time for Malaysians to achieve national consensus on conversion of minor children to Islam in keeping with the constitutional scheme contained in Article 12(4) of the Federal Constitution, read with Article 160 and the Eleventh Schedule, and to promote family integrity, freedom of religion and national harmony.

Former Cabinet Minister, United Pasok Momogun Kadazandusun Murut Organisation (Upko) head Tan Sri Bernard Dompok said yesterday that the provision is a contradiction to the 1Malaysia concept of acceptance, inclusiveness and moderation, suggesting a full discussion by Barisan Nasional on this issue and related religious issues before proceeding with the provision in Parliament.

Dompok said that a few months ago when he was still in the Cabinet, he had asked for the withdrawal of a paper on the bill in Cabinet as he felt that an earlier Cabinet decision on the Law Reform (Marriage and Divorce) Act 1976 should be implemented instead.

Section 107(b) of the 64-page 116-section Administration of Religion of Islam (Federal Territories) Bill 2013 provides that the consent of one parent alone is sufficient for the conversion of minor children to Islam, which is not only contrary to the Constitution but contravenes the Cabinet decision announced on April 23, 2009 that a single parent cannot convert a minor. Continue reading “Cabinet should withdraw Section 107(b) of Administration of Religion of Islam (Federal Territories) Bill 2013 to give time for Malaysians to achieve national consensus on conversion of minor children to Islam in keeping with the Constitution and to promote family integrity, freedom of religion and national harmony”

Dompok says he had told Cabinet to repeal religious conversion bill

By Yiswaree Palansamy
The Malaysian Insider
JUN 29, 2013

A leader of the Barisan Nasional (BN) coalition expressed disappointment today with the Cabinet for tabling a controversial bill on unilateral conversion involving children, which he said went against the 1Malaysia concept.

United Pasok Momogun Kadazandusun Murut Organisation (Upko) head Tan Sri Bernard Dompok said the intention to table the bill is a contradiction to the 1Malaysia concept of acceptance, inclusiveness and moderation.

“I am surprised and disappointed that this bill was approved by Cabinet for tabling at Parliament,” he said in a statement to the media today.

Dompok said that a few months ago, he asked for the withdrawal of a paper on the bill in Cabinet as he felt that an earlier Cabinet decision on the Law Reform (Marriage and Divorce) Act 1976 should be implemented instead. Continue reading “Dompok says he had told Cabinet to repeal religious conversion bill”

Conversion of minors: No justification

P Ramakrishnan
Aliran
21 June 2013

The Federal Court was wrong in its judgment in 2008 about the conversion of minors, says P Ramakrishnan.

A lot has been said that Islam is a just religion, a religion of peace and compassion. All this is true. In keeping with the virtues and values of Islam, Islamic adherents are under a solemn obligation to give meaning to this by what they do and practise.

In other words, the Islamic faithful cannot be indifferent to the fate of someone who is of a different religion. They cannot deny the rights of these people nor can they be dismissive of the suffering when one Islamic faithful leaves his former family in the lurch after converting.

As a human being, he is expected to provide for his wife and children notwithstanding his embrace of Islam. If he fails to discharge this responsibility that is expected of him, should Islam embrace him? Should a man who betrays the trust of a family and abdicates his responsibility be welcome into Islam? Should such people be allowed to bring disrepute to the religion?

Unfortunately this is what is too often happening today. Secretly, the man converts, and all hell breaks loose for the family. He is not bothered. He compounds the misery of his wife by unilaterally converting his children to Islam. He shatters the life of a mother; and claims refuge in Islam. There is a moral question here.

One would expect religious authorities to guide him in the path of righteousness before he is allowed to convert. He should be advised to exemplify Islamic virtues by displaying compassion and discharging his responsibility to his family before he can find a place in Islam.

The religious authorities contribute to the family break-up when they convert his children without the knowledge or consent of their mother. By so doing, they add to the suffering of the helpless mother. Is this fair? Continue reading “Conversion of minors: No justification”