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 ABIM's media statement on the following issues:
1. The action by Y.B. Karpal Singh in filing a police report
against the Regent of Kelantan, and
2. The calls made by MCA president, Datuk Seri Ong Ka Ting, relating to some
contentious religious and racial issues
The Muslim Youth Movement of Malaysia (ABIM) strongly feels that some remarks
and actions by certain political leaders relating to religious and racial issues
of late warrant our comments and response.
Firstly, we find the action by Y.B.
Karpal Singh in filing a police report against the Regent of Kelantan, Yang
Teramat Mulia Tengku Muhammad Faris Petra as extremely improper and clearly
overstepped the boundaries of proper comments when dealing with a member of
Malaysian royalty. Being a seasoned politician, we are still wondering until
today what exactly was in the mind of Mr. Karpal when he decided to take such an
action which is, to say the least, very problematic and uncalled for. Mr. Karpal
could have clearly thought of a more respectful and sensible way to respond to
the Regent's speech.At the same time, we fully agree and support the call from
the Kelantan palace for an end to this controversy. We do feel that it is
unfortunate that remarks from a member of the Malaysian royalty, which could
have been taken in a better light, has been unduly problematized and
politicized.
Secondly, the calls made by MCA president, Datuk Seri Ong Ka Ting, relating to
some contentious religious and racial issues must take into account the
Malay-Muslim perspective.On the issue of conversion out of Islam, we fully
understand the possible difficulties and hardships that may arise on the part of
those who wish to convert, but at the same time, we have pleaded time and again
that the critics of the present law on apostasy must also be willing to fully
consider the ramifications of this issue on the core elements of the Islamic
faith and jurisprudence. The critics cannot in all earnest, expect the Muslims
to just ignore a clear injunction and principle in our religion. And to expect
Muslims in Malaysia to take the issue of apostasy lightly is actually doing just
that. Converting out of Islam is a specific religious issue and the extent of
its prohibition and permission should be left to the proper religious authority
to determine
The Federal Court's decision in Lina Joy's case provides a
solid legal basis for this position. Former Chief Justice, Tun Ahmad Fairuz
Sheikh Abdul Halim, in his majority judgment held that the determination of
whether a person had renounced the religion of Islam was within the realm of
Islamic law, and that the right authority was thus the Syariah court. His
Lordship further said that the way one leaves religion is set by the religion
itself. "In other words," His Lordship said,"one cannot embrace or leave a
religion according to one's whims and fancies."
In Malaysia , we believe that the process of allowing the right and competent
parties to deliberate and find the solution for contentious religious issues is
still not beyond grasp. In that light, we feel that an earnest and genuine
process of collective deliberation amongst the rightful religious authorities in
Malaysia should take place with regards to the recent controversial religious
issues. This process, which may require time and independent space for the
people involved, must be allowed to take its course. Inputs and feedbacks from
all parties should be considered but everyone must be prepared to accept that
the aim of this process is to discover the authoritative Islamic position on the
matter since this is an internal religious issue.
Assuming that at the end of the day the experts do find cases and situations
where conversion out of Islam may be legally recognized, the next issue would be
to determine the proper procedure for conversion out of Islam. We have stated
time and again that conversion out of Islam is interlinked with other issues,
some of which are formal and legal. Therefore, this process must be properly
regulated and cannot be left open or unlimited. Again, another process of
collective deliberation, which gives priority to authoritative interpretations
of religious texts and legal reasoning, should be allowed to take its course.
In light of the current controversy, we would like to refer all parties to our
various memoranda and documents on the matter.
In our considered view, the MCA is essentially saying that the Federal Court's
interpretation of Articles 11 (1) and 121(1A) of the Federal Constitution in the
Lina Joy case was wrong. Perhaps the MCA would like to introduce a private
member's bill in Parliament to amend Articles 11(1) and 121(1A) of the
Constitution to nullify the effect of Lina Joy. Let us see if they can get
Malay/Muslim support on this issue. We must not forget the results of the survey
carried out some time ago - which pointed out that Malays considered themselves
Muslim first and Malay second. We would caution the MCA and other political
parties (government as well as opposition) when making public comments on this
issue; what they are doing will cause greater polarization between Malay/Muslims
and non-Muslims in our nation.
YUSRI MOHAMAD
President
Muslim Youth Movement of Malaysia (ABIM)
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Circular No 297/2008
