Encroachment of Muslims and Malay Rights June 29, 2008
Posted by membelaislam in Constitution, Rights of Muslims, rights-of-malays.Tags: Article 11, Article-3(4)
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Brief of issues
1. The Printing Presses And Publications Act was introduced in 1984. Under Control of Undesirable Publications of the Act ;section 7, the Kementerian dalam Negeri introduced Garis Panduan Penerbitan Kementerian Dalam Negeri (“Guidelines”).
2. A letter issued by Kementerian Dalam Negeri dated 19.05.1986 instructed and expressly among others stated that the words ‘Allah’, ‘Kaabah’, ‘Solat’ and ‘Baitullah’ shall not be used by the Herald, the Catholic-weekly; a publication belonging to the Titular Roman Catholic Church of Kuala Lumpur. Such words are deemed as sensitive to the Muslim Community and may cause disharmony, disunity and confusion among the community especially the Malay Muslim community.
3. The Church has consistently breached the Guidelines by reproducing the publication in the Herald containing the words ‘Allah’. Although they have been advised each time by the Kementerian Dalam Negeri to cease publishing the word ‘Allah’ in their publication, they have blatantly disregarded the Guideliness.
4. The Church has now sought to challenge this Guideliness through legal process by filing a Writ of Summons on 15.12.2007 for a Declaration that the Church among others;
a. That the Church is entitled to use the word ‘Allah’ in their publication;
b. That the Guideliness by the Kementerian Dalam Negeri is illegal;
c. and the use of the word ‘Allah’ is not exclusive for the religion of Islam.
5. Subsequently the Church filed application for leave dated 19.03 08 for a judicial review opposing the Guidelines which was heard and granted leave by the Court on 5.05.2008. The effect of the leave granted allows the Church to challenge the Guidelines and continue to use the word ‘Allah’ in the Church’s publication among others;
a. That the decision or stand taken by respondent on their application permit for the period 01.01.08 until 31.12.08 should not be subjected to ‘GARIS PANDUAN PENERBITAN’ dated 01.03.07 which prohibits the word “Allah” in “Herald – The Catholic Weekly” is null and void.
b. They are entitled to use the word “Allah” in “Herald – The Catholic Weekly”
c. the use of the word ‘Allah’ is not exclusive for the religion of Islam.
d. They applied for Order of Certiorari to quash the decision of the respondent based on ‘GARIS PANDUAN PENERBITAN’.
e. They applied for a stay of the decision of the respondent.
6. The decision of the judicial review and writ of summons by the Court may allow the Church not to be bound by the Guidelines and claim the right to use the word ‘Allah’ by the Christians.
7. This will open a floodgate for other Beliefs to challenge the Guidelines and use the word Allah in their practise.
8. Our response and concern at this juncture is due primarily to the confusion, uncertainty and disharmony it shall caused to the Muslim community especially the Malays who are largely practising Islam and Muslim of other races
9. The concept of Allah as understood, embraced and practised by the Muslim community in Malaysia is totally distinct and separate from the concept as understood by the Church conceptually, culturally and theologically.
10. The concept of Allah embraced by the Muslim community in Malaysia as defined in the context of Muslim and Malay tradition, culture and history is Allah in a MONOTHEIST (TAUHID) sense as opposed to the concept of TRINITY of God as understood by the Church.
11. Faced with the challenges impacting the interests and unity of the Muslims especially the Malay Muslim community, Majlis Agama Islam of States view this development with the deepest of concern and alarm and have subsequently filed applications to be admitted as interveners to the Church’s application namely in the Writ of Summon and Review.
Articles Which Support and Emphasise Islam as the Religion of the Federation June 29, 2008
Posted by membelaislam in Article 11, Constitution, rights-of-malays.Tags: Article 11, Article-3(1), Article-3(4), rights-of-malays
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There are many Articles in the Federal Constitution that support and emphasise Islam as the religion of the Federation.
- Islam is the Religion of the Federation – Article 3 (1) and Article 3 (4) which establishes the sovereignty of Islam as the religion of the Federation.
- Freedom of Religion – Article 11 (1) and Article 11 (4) – provides that the interests of the Muslims shall not be compromised
Beside the above, there are other articles which also support and emphasise Islam as the Religion of the Federation:
Article 12 (2)
Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law, but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
Note: Article 12 should be read together with Art 8 and the Fourth Schedule which effectively supports the fact that the Constitution emplace Islam as the religion of the Federation and confer privileges on the Muslims including funding from the government for the purposes of educating the Muslims.
Article 160
“Malay” means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom…
Article 152 (1)
The national language shall be the Malay language and shall be in such script as Parliament by law provide.
Note: These Articles proves that from tradition and history a Malay is synonymous to Islam and the understanding of Islam.
Fourth Schedule – Oaths of Yang Di Pertuan Aging and Timbalan Yang Di Pertuan Agong
The Oaths invoking the names of Allah are contained in the Fourth Schedule;
Kami… ibni … Yang DiPertuan Agong bagi Malaysia bersumpah dengan melafazkan:
Wallahi; Wabillahi; Watallahi; Maka dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi Malaysia dengan mengikut sebagaimana Undang-undang dan Perlembagaan Negeri yang telah disah dan dimasyhurkan dan yang akan disah dimasyhurkan di masa hadapan ini. Dan lagi kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memliharakan pada setiap masa Ugama Islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam negeri.
Eight Schedule – Provisions to be Inserted in State Constitution
The Ruler may advise
(d) any function as Head of the religion of Islam or relating to the custom of the Malays.
Note: The Fourth Schedule, The Eight Schedule reiterates the position of Islam as the religion of the Federation and the sacred duty of the YDPA as the custodian and protector of the religion of Islam and Malay rights.
Ninth Schedule
List II STATE LIST
The State List contains the purview of Islamic practices and percepts of Islam.
Note: The State has exclusive prerogative to administer Islamic law practices, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine Malay custom.
Islam is the Religion of the Federation June 28, 2008
Posted by membelaislam in Constitution.Tags: Article-3(1), Article-3(4), Religion, Sovereignty
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Article 3 (1)
Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.
Article 3 (4)
Nothing in this Article derogates from any other provision of this Constitution.
NOTE: This Article establishes the sovereignty of Islam as the religion of the Federation.
