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Bar Council: We are prepared; forum will go on
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'Conversion to Islam' forum to be held as scheduled tomorrow
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'Conversion to Islam' forum to be held as scheduled tomorrow
The Bar Council’s forum scheduled for tomorrow will proceed. The concerns of some quarters including a number of cabinet ministers such as the Deputy Prime Minister, Dato Seri Najib Razak, Dato Hamid Albar and Dato Zahid Hamidi, various NGOs and PAS are noted.
We reiterate that our concern is to address the issues of conflicts of laws
facing families caught between the separate jurisdictions of civil and Syariah
laws.
The Bar Council is not questioning the provisions of Article 121(1A), which
confer Syariah jurisdiction over Muslims on the Syariah Courts. The coexistence
of two separate legal jurisdictions is not a new or uncommon phenomenon and
there are naturally issues of conflicts of laws arising from the different
jurisdictions.
We recognise and respect Article 121(1A); however, there is a strong viewpoint
that it is unjust to compel anyone to be subjected to laws and courts that are
based on a religion that they do not profess, and this viewpoint must be
addressed.
Our concern centres on the manner of dealing with the current conflicts. There
must be a concerted effort by the Government to address these issues
constructively and not pay mere lip service to the concerns of many.
Although the Bar Council is heartened by the Prime Minister’s recently–reported
statements calling for more interfaith dialogues to be held in order to promote
and ensure religious harmony among Malaysians of diverse beliefs and we welcome
his assurance that there is space for such dialogues, we urge that more be done
by way of constructive dialogue and meaningful debate with all the relevant
stakeholders to arrive at a just and amicable solution.
However, the Bar Council is troubled by the continuing calls from certain
quarters that its forum tomorrow be cancelled. These statements that claim the
forum will create misunderstanding, anger and tension, are in stark contrast
with the PM’s assurances.
The Bar Council reiterates that the forum will not dispute Article 121(1A), nor
question Islam or its status as enshrined in Article 3 of the Federal
Constitution. The forum is not about conversion per se, as the Bar Council
endorses the absolute right of individuals to embrace Islam. Instead, the forum
will address the ancillary issues that arise from such situations and will
emphasise the need for laws, and a judicial system, that protects everyone
equally.
The way forward to resolving any dispute or issue is to firstly promote greater
understanding of the views of all the parties involved. We accept and understand
that matters relating to faith and race are always sensitive and emotive.
However, regardless of the sensitivity, we must strive to move forward to
achieve a just, fair and amicable solution to the problems faced by so many
individuals.
The stifling of debates, talks and discussions would be counter–productive and
would only fuel hate, fear and insecurity within the affected communities.
The Bar Council agrees with the Prime Minister that there is a high degree of
respect and tolerance in Malaysia, and Malaysians are able to “discuss various
issues, especially on religion, without having the fear of repercussions from
any other party”. Malaysian society is mature and responsible. It wants to, and
is ready to, exchange views in public, even on difficult issues, in efforts to
further strengthen national unity and foster interfaith harmony.
Discourse on issues confronting the nation cannot take place only at official
levels, behind closed doors, but must be inclusive and involve the public and
those whose lives are affected by them. Calls to halt discussions on any issue
imply that there are aspects to those issues that the public does not have a
right to know about, which is counter to the principles of the open, progressive
and democratic society that we have evolved into. We believe that it is the
continued suppression of open and respectful discourse, not public forums, that
will cause tension and jeopardise national unity.
The Bar Council advocates the democratic rights of all individuals and groups,
and defends their freedom to assemble, to associate and to express their views.
We are taking the necessary precautions to ensure that the dialogue takes place
in a controlled and constructive manner, by holding the forum in a closed
setting and by requiring participants to register for the event.
The forum is open to everyone. The Bar Council urges supporters and critics
alike to attend the forum and to air their views so that together, we can strive
to seek just solutions to the issues faced by our fellow citizens.
Ragunath Kesavan
Vice–President
Malaysian Bar