feed
Home arrow News arrow Members' Opinions and Comments arrow COMMENT: Article 11 is relevant to Muslims too
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
  • Malaysian Bar Web Ads
COMMENT: Article 11 is relevant to Muslims too PDF Print E-mail
Contributed by Puteri Shehnaz Majid   
Friday, 26 May 2006 02:40pm

Puteri Shehnaz MajidQuite apart from BADAI's freedom to express their beliefs (which they are certainly entitled to do), I am curious as to what it is exactly they are afraid of? For whom do they purport to speak? For all Muslims? That cannot be.

As a Muslim, I am embarrassed by their efforts, which in my opinion are based on irrational fear, insecurity, and a serious lack of understanding of what the Article 11 forum is seeking to achieve. I am not opposed to the Inter-Faith Commission or indeed any other (official or otherwise) form of inter-faith discussion. I am secure enough about my religion (and the way I practise it) to discuss it openly, defend my views, change them if necessary, and more importantly, learn and progress from the open sharing of information and ideas. If you are a Muslim who chooses not to engage in such discourse, then by all means, don’t. But please, the “sensitive” label is really starting to tug at my patience.

Let us not forget that the Article 11 forum aims to educate Malaysian citizens on their rights under the Constitution. That is all. It is clear that some of us have failed to realise that the Article 11 Forum is not in any way encouraging apostasy; it is simply saying “Look, know your rights. You should have the right to convert in or out of any religion if you so choose, because that basic right has been guaranteed to you under your Constitution. That right cannot be derogated, and it belongs to you the moment you draw your first breath as a citizen of this world and of this country.”

The Holy Qur’an says “Unto you your religion, and unto me my religion” (109:6). Exactly. This does not merely capture the Muslim v Non-Muslim scenario, but more importantly in our context, the Muslim v Muslim scenario. It irks me more when a fellow Muslim, or my leaders for that matter, self-righteously impose their notional precepts and accordingly restrict me, than if a non-Muslim were to do the same. This is because a Muslim who does that is effectively insisting that “my understanding of Islam is better than yours and should therefore be upheld over yours”.

At the end of the day, it just seems to me that BADAI, and other like-minded institutions (the government included), are insecure and fearful. It is difficult for me to accept any other conclusion given the circumstances. The Constitution guarantees certain fundamental rights. Every citizen in this country should have the option to exercise those rights, if they wish. Whether or not they do, does not affect the rights of those who oppose the exercise of those rights.

They (and I am using this term loosely) banned The Passion of The Christ for Muslims - why? Is it because after I come out of the cinema, I am going to run to the next church I find, confess my sins and convert to Christianity? Funnily enough, no one has addressed the call by some groups in our country to ban The Da Vinci Code - why this hypocrisy and double standard? Is it because they want Christians to watch the movie in hope that they will walk out of the cinema disillusioned and convert to Islam?

They banned Babe - why? Is it because after I come out of the cinema, I'm going to find the next Chinese restaurant and stuff my face with pork, and afterwards rush for the shopping mall and purchase pig-skinned lining shoes?

They won't allow anyone who wants to leave Islam to do so, or even discuss the issue - why? Is it because if they do, the entire Muslim population of this country will want to convert out?

I would even go so far as to say: so what? If I am allowed to exercise the freedom entrenched in Article 11, and subsequently decide to convert out of Islam, what is it to BADAI or anyone else? If 10 million Muslims subsequently choose to exercise that right and convert out of Islam, what it is to BADAI or anyone else? Will BADAI carry the weight of my sins and that of the other 10 million on their shoulders as they march up to God on Judgment Day? I would have far greater respect for my country (leaders and citizens included) if they left me to choose my own path vis-à-vis my religion. I do not need my leaders or any other self-righteous groups to decide that for me.

“Unto you your religion, and unto me my religion.” So, thank you for your concern, but if I am wrong about mine, then God (and God alone) shall judge me in the life hereafter. I assure you that no member of BADAI will be sitting on my judging committee and neither will I sit on any of theirs. So in this lifetime, as a citizen of this country, please allow me the right to exercise any and all freedoms guaranteed to me under the Constitution. That is all I ask. Absolutely nothing more and nothing less than what has already been guaranteed to me by virtue of being a citizen of this dear country.

Comments (11)Add Comment
WELL PUT SHANAZ
written by Nik Elin Zurina Bt Nik Abdul R, Saturday, May 27 2006 01:07 am

Well done Shanaz, welcome to the club. There are so many of us thinking exactly the way you do, but fear going open because of the threats. I am sure you will soon be receiving your threatening emails from the likes of ABU SAKI or PALM ONE to tell you that you will be rotting in hell.

The problem is that although there are many enlightened people like you, your voice will be silenced by the terror and fear that BADAI and the likes will instill upon you. I hope that you will be strenghtened if they start attacking you.

You take care now.

THE TRUTH HAS COMETH , THE FALSITY HAS DESTROYED
written by Jaspita Bin Salleh, Saturday, May 27 2006 01:18 am

Hi there !

I am here not to judge anyone,
I am here not to tell people they are rotting in hell
I am here not to give threat or to silence anyone,
BUT I AM HERE TO TELL THE TRUTH TO THOSE WHO WANT TO HEAR THE TRUTH AND THOSE WHO ARE IN SILENCE PRAISE THE GOD WHO ARE INVISIBLE.

I am not to question the aim of Article 11 group who make a call to 'educate' Malaysian citizens of their natural and inherent rights to convert or uncovert as they wish.

I am here to 'educate' about the ORIGINS OF NATURAL RIGHTS TO UNCOVERT OR CONVERT IN ISLAM.

If it is true that the rights to be a member of any religion is inherent from the first time one draws his/her breath at his/her breath, then IT IS A MIRACLE! As we can choose and tell our parents what religion we want to be a member. Can the Article 11 make a field research to ask those new born babies about this?

Apart from 'unto you your religion and unto me my religion' there is also 'Why turn your back after you believe'. Please check again the Baqoroh and also 'Dies as a muslim' and also 'The religion of God is Islam'

Next is, are we to be questioned in the grave and in His court about the Constitution? Or are we to be questioned of our awareness of our 'rights' entrenched in the Constitution?

Do GOD HIMSELF the SUPREME talk to the Article 11 about the right to convert and unconvert? Or do the Article 11 has made their case in front of Him about this? Or do the Article 11 has the blessings of Him to speak about that?

I prefer to exercise the natural rights that are endowed on me by the GOD in the Koran rather than to argue my case before Him in His court according to the constitution.

It is so funny that to say that Article 11 takes precedence over the Koran and now so suddenly under the pretext of the Constitution they speak for all religions. They have brought shame to the Constitution.

Our Constitution says that Islam is the official religion of the Federal. It does not say that it takes precedence over the Koran, it only says that anything inconsistence with the consitution is null and void. Since the Koran is not inconsistence with the Constitution, Doesn't the Constitution says that personal liberty is suspended during emergency and by law?

Think again. The call that is made by the Article 11 is actually a confusion of the Constitution.

I think the Article 11 need to do more research on the Constitution before it takes the bold move forward.

Check the Constitution again
written by Shanmuga Kanesalingam, Saturday, May 27 2006 11:01 am

With respect, Article 3 does not say that Islam is the official religion of the Federation.

Article 3 reads as follows "Islam is the religion of the Federation; but other religions may be practised in peace and harmony."

In Che Omar Che Soh 1988, the Supreme Court has effectively held that despite this Article the Constitution preserves secular law as the supreme law of the land.

The Alliance in their memorandum to the Reid Commission recommended as follows:- "The religion of Malaysia shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practicing their own religions and shall not imply the State is not a secular State.’

(You will no doubt recall that the Alliance was the name for the coalition of the United Malays National Organisation, the Malayan Chinese Association and the Malayan Indian Congress who were at that time the undisputed voice of the Malayan people in their fight for independence, having won 51 out of 52 seats in the 1955 elections.)

And lastly, Article 150(6A) of the Federal Constitution prohibits Parliament from making laws inconsistent with those matters on which State legislatures can make Islamic laws or "inconsistent with the provisions of [the Federal] Constitution .. relating to religion, citizenship or language."

So, even in an Emergency religious liberties cannot be abrogated.

I trust this clarifies matters.

BADAI
written by Nicole Tan Lee Koon, Saturday, May 27 2006 01:37 pm

Is BADAI registered with the Registrar of Societies (ROS)? If yes, I wonder how the ROS can approve such a offensive name like "Anti-Interfaith Commission".

HUMBLE SHEHNAZ MAKES RIGOROUS POINT
written by Stephen Tan Ban Cheng, Saturday, May 27 2006 06:00 pm

1. Puteri Shehnaz Majid, you pled that "in this lifetime, as a citizen of this country, please allow me the right to exercise any and all freedoms guaranteed to me under the Constitution."

Indeed, it is your right and you are humble enough to plead to exercise that right.

I like your humility and the excellent standard of your articulation. As Nik Elin said, be brave when "they" email and SMS. I have nearing the end of my biological life and I can say that I have had no regrets in standing up for what is right. Yes, I have paid the price, but I still believe it is a price worth paying. Let not our vision be clouded by the dross of the world.

2. That the Constitution is supreme is clear, Jaspita. That is the founding document of this country. Otherwise, at Merdeka, we would have the Koran as our constitution. Then we would have been the FIRST Muslim nation in the world with the Koran as a constitution, beating even the countries in the Islamic crescent in the Middle East., or West Asia if you will.

3. I have serious doubts whether BADAI is a registered organisation, and would love to be proved at least wrong in this instance.

4. There are a few points that I wish to make but I must make do for now because I believe I am dealing with sufficiently intelligent people not to state the obvious.

The Religion of the Land and The Law of the Land
written by Jaspita Bin Salleh, Saturday, May 27 2006 10:26 pm

Thanking Shanmuga for highlighthing the Che Soh' case. When it is said that Islam the religion of the Federal it means it is official, it is the saying of the Constitution which the law of the Land and that is why Article 150(6A) is existed.

When the Parliament is prohibited to make laws that are inconsistent and from 'campur tangan' in State's matter like religion; so that any law under the religion shall be not inconsistent with the Constitution: meaning that even if under the pretext of 'The Supremacy of the Constitution' the Constitution itself allows in respect of its own religion i.e. Islam to be as it is. As such, it is redundant to say that the rights to convert or unconvert covers those who profess Islam.

Yeah, yeah ... Stephen... I must dissent ... in our country the Constitution is not that supreme compare to the Parliament. In Malaysia, it is the Parliamentary Supremacy is exercised instead of the Supremacy of the Constitution. In the past, courts have taken this approach.

eventhough we have a constitution but our politics is based strongly on the Westminter's model i.e. the Parliamentary Supremacy, the Constiotution stays as it is the Law of the Land and it may no be supreme as in the real sense of Federalisme.

...
written by Jaspita Bin Salleh, Saturday, May 27 2006 10:28 pm

Well Stephen, when the constitution declare that its religion is Islam, impliedly it says "I am not above the Koran".

TENSION MARKS THE OPERATION OF TERMS OF ART!
written by Stephen Tan Ban Cheng, Sunday, May 28 2006 03:59 pm

The terms "parliamentary supremacy" and "constitutional supremacy" are terms of art.

Both concepts have their rightful place in the overall scheme of things although tension marks their operation.

For instance, "constitutional supremacy" has a municipal law and an international law aspect.

Religion is one of the few residual matters that have been left to the constituent states of Malaysia, including the Federal Territory which is deemed to be a state, since Independence, although land and water issues that are within the purview of the constituent states are being increasingly "federalised".

That argument is untenable in the light of the fact that the abrogation of any such inalienable rights specified in a SECULAR state must be fully spelled out with a sufficient level of specificity.

That argument is untenable in the light of the fact that the abrogation of any such inalienable rights specified in a SECULAR state must be fully spelled out with a sufficient level of specificy.

I rest my case. I seek not to indulge in further argument, unless constitutional law academics are prepared to do so.

Let me end by saying that in an academic sense, the Federation of Malaysia is a misnomer. Malaysia is a political union. The United States of America is a federation.

What are the essential features that mark a federation? What are the essential features that mark a union?

Well, Jaspita, let us return to our books.

A FRATERNAL NOTE TO JASPITA
written by Stephen Tan Ban Cheng, Sunday, May 28 2006 04:05 pm

My dear Jaspita

Although we have not met and we do not know each other, our discussion denotes the fact that while we may disagree, we can still conduct our disagreement in an agreeable way.

Disagreeing in an agreeable way is the path forward. Such a rule of engagement marks our civility.

All Malaysians must be prepared to agree to disagree.

This is a much safer course of action than to mount a protest and jettison a forum, wouldn't you agree?

DISAGREEMENTS & AGREEMENTS
written by Jaspita Bin Salleh, Monday, May 29 2006 11:56 am

Well Stephen,

So do the terms 'Secular Nation' and 'Islamic Nation'; they too a term of art. Re-think on that.

So too there is a much safer 'approach' to 'educate' the rights to 'convert' and 'unconvert'. Instead of 're-educating' Islam it is far better to leave Islam in that 're-education' programme by the Article 11 in that respect.

In respect of Federalisme and Union, please read the book by our late Tun Muhammed Suffian, former Lord President of the then Malaya - The Malaysian Constitution. There, you will know how the term of art is articulately described.

Stephen dear,

The term disagreeing in agreeable way is also term of art. Art can be ugly if the artist is ugly. Now, there is a beauty art if the artist is a beautician.

A nation is known by its constitution or parliament or by its law; it is defined by the 'artists' who sit in power; and then there is small artists who want to 'sell' their 'arts' under the 'pretext' of universal art. I rest my case.

article 11 and article 3
written by Zulqarnain bin Lukman, Wednesday, July 19 2006 09:18 am

Well, I don't remember any amendment being made to article 3 and article 11 since the they were duly approved by the colonialists in 1956. During that time, Tunku Abdul Rahman was of the view Malaysia was a secular state. During Tun Mahathir's reign, he declared Islam was an Islamic state. During Pak Lah's time, he introduced Islam Hadhari. All these declaration were done under the current text of Art 3 and 11. This shows art. 3 and 11 adapt well to the changes.

For me, the Islam as being revealed by the God and Prophet Muhammad can succintly implemented under the current framework of the constitution provided the Criminal Syariah Court (Jurisdiction) Act 1965 be amended.

The fear of non-Muslims towards Islam is obviously unfounded. The tolerance of Islam against other religions were manifested in the history of the Prophet and the Khulafa' Ar-Rashidin. It doesn't arise any occasion that Art. 11 takes precedence over the Quran. I believe that Art can go in line with the divine revelation. For the 'unto you your religion and unto me my religion'- the verse shows how Islam tolerated to other religion. Islam doesn't stop from you to believe in other religion if that what you choose. The problem now is when one tries to interfere with the affairs of Islam including how the law should be when one wants to apostate while Islam already has the guidelines or policy to apostate. These policies are elaborated at length by Islamic jurists. The question is, how do you expect a civil court to handle the matter while they were not trained in Islamic jurisprudence, let alone the question of their capability to read arabic text.


Write comment
You must be logged in to a comment. Please register if you do not have an account yet.

busy
 
< Prev   Next >
Talk on Intellectual Property Law (10 Feb 2012)
Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Your Login


We have 67 guests online

Teoh Beng Hock's family gets leave to appeal

Kamal Hisham Ja'afar



show last 4hrs - 24hrs
There are no upcoming events currently scheduled.
View Full Calendar
Google