REPORT ON THE
STATE OF RELIGIOUS LIBERTY IN MALAYSIA
FOR THE YEARS 2011 & 2012
Prepared by the Religious Liberty Commission National Evangelical Christian Fellowship Malaysia
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Contents
1. BACKGROUND TO THE TWO YEARS UNDER REVIEW ...... 3 2. MALAYSIA’S BASIS FOR RELIGIOUS LIBERTY ...... 5 3. THE ISLAMISATION AGENDA ...... 7 4. 2011 - ISSUES AFFECTING RELIGIOUS FREEDOM ...... 8 4.1 Right to Profess ...... 8 4.1.1 Conversion ...... 8 4.1.2 Disputed Religious Status ...... 10 4.1.3 Body Tussle cases ...... 10 4.1.4 Against Non-Orthodox Muslims ...... 11 4.2 Right to Practice ...... 12 4.2.1 Demolition of Non-Muslim places of worship ...... 12 4.2.2 Places of Worship ...... 13 4.2.3 Ridiculing Christianity ...... 14 4.3 Right to Propagate ...... 16 4.4 Restriction on other religions ...... 17 4.5 Islamism ...... 25 5. 2012 - ISSUES AFFECTING RELIGIOUS FREEDOM ...... 29 5.1 Right to Profess ...... 29 5.1.1 Malays to be Muslims ...... 29 5.1.2 Conversion of minors without parental consent ...... 29 5.1.3 MyKad Islamisation of Bumiputra Christians ...... 29 5.1.4 Body tussle cases ...... 31 5.1.5 Against non-orthodox Muslims ...... 31 5.2 Right to Practice ...... 31 5.2.1 The “Allah issue” ...... 31 5.2.2 Compulsory Acquisition of Non-Muslim places of worship ...... 32 5.2.3 Outrage over Christian worship song ...... 32 5.2.4 Restrictions on visits to Jerusalem ...... 33 5.2.5 Orang Asli children slapped in Kelantan ...... 33 5.3 Right to Propogate ...... 34 5.3.1 Proselytisation ...... 34 5.4 Islamism ...... 36 5.4.1 Extension of Islamic values and moral code over the public and personal spheres ...... 36 5.4.2 Islamism and conflict of the legal order ...... 36 5.5 Allegations against the Christian community ...... 39 5.5.1 Setting the context: Run-up to the 13th General Election ...... 39 5.5.2 Allegations of conspiracy to create a Christian state ...... 39 5.5.3 Allegations of non-Muslims “belittling” Islam ...... 40 6. CONCLUSION AND PROPOSAL ...... 41
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1. BACKGROUND TO THE TWO YEARS UNDER REVIEW
2011 and 2012 witnessed a number of tense situations in Malaysia, with particular reference to the state of religious freedom.
Numerous delays of a highly anticipated general election, which was eventually held in 2013, exacerbated the situation. As the government tried to walk the fine line between balancing religious freedom and political expediency, it failed to respond to issues important to certain religious communities, resulting in a deafening silence on the government’s part on many occasions.
This period was challenging for the Christian community. There were baseless allegations and false reports that accused Christians of proselytising Muslims, and of attempts to change the constitution and even of encouraging immoral conduct such as prostitution among Christians, thereby polluting the country and Islam.
Perkasa president, Ibrahim Ali, was said to have threatened to wage a crusade against Christians if the Christian community "continued to challenge Islam's position in the country". He also accused Christians of "challenging the sovereignty and dignity of Malays and Muslims.”
Catholic Bishop, Dr. Paul Tan, in refuting the above, has said that Malaysians should learn about each other’s religion and urged the authorities to prevent the spreading of lies about the beliefs of other religions. Similarly, Council of Churches Malaysia (CCM) General Secretary, Rev. Herman Shashtri, has said that respected and responsible newspapers must keep away from callous and insensitive reporting which may destroy religious harmony in Malaysia.
This NECF report on the state of religious liberty over the two-year period will show that the Christian community in Malaysia has been singled out and maligned with the intention to create political, racial and religious disharmony.
The Christian community has always cooperated with the government as well as with other communities to maintain peace and harmony amongst Malaysia’s people of all races. Christians have done this from the time of Malaya’s independence from the British and have even contributed to the well-being of society through institutions such as mission schools. Christians in Malaysia, like any other Malaysian, are not demanding anything beyond our constitutional and fundamental rights.
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A study on 198 countries by the Pew Forum on Religion and Public Life shows that from 2006 to 2009, Malaysia was in the list of top 10 of countries with some of the highest government-led restrictions on different religions. Malaysia is also fifth in recording substantial increases in such restrictions.
Several incidents could have contributed to this unwanted ranking such as the seizure of Christian-related books and CDs, the ban on the use of the word ‘Allah’ in Christian publications, actions by the Islamic authorities on the Wahabbi and Shia sects, arrest of former Perlis mufti, Mohd Asri Zainal Abidin, and complaints of demolition of Hindu temples, among others.
That being said, the CCM has reaffirmed its stand on the freedom of religion and maintained that there should be no restrictions, proscriptions or prohibitions on the Bible and the choice of language used in the practice of the religion.
The CCM has urged the Government to remove every impediment to the importation, publication, distribution and to protect the right to use the Alkitab. This includes revoking orders under the Internal Security Act (ISA) which declared the Alkitab as a threat to national security. The Christian community has collectively decried the action by the Ministry of Home Affairs to impound copies of the Alkitab and to stamp them with serial numbers as a defacement, disrespect and disdain of the holy book of Christians.
This compilation of cases which highlights the state of religious liberty in Malaysia shows that we need dialogue and we need to resolve to build bridges. All communities need to know that the Government is concerned and willing to take affirmative action when required, to ensure that their constitutional rights to profess their religion are respected and not restricted.
This is essential if we are to be a more developed nation. Our hard-earned unity in a multi-racial, multi-religious country, must not be jeopardized. And each individual’s basic human right to freedom of choice of faith, needs to be addressed at this time of awakening in our nation.
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2. MALAYSIA’S BASIS FOR RELIGIOUS LIBERTY
Before going into the infringements on religious liberty, an understanding of where Malaysia derives its religious liberty is needed. The Federal Constitution is the supreme law of Malaysia and any law passed which is inconsistent with the Federal Constitution is void to the extent of the inconsistency. This is expressly provided for in Article 4 of the Federal Constitution.
Part II of the Constitution provides for certain fundamental liberties, one of which is the freedom of religion. Thus Article 11 (1) of the Federal Constitution states as follows: “Every person has the right to profess and practice his religion and subject to Clause (4) to propagate it.”
Clause (4) of Article 11 provides as follows: “State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.”
At the same time, Article 3(1) of the Constitution provides: “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.”
Notwithstanding that Islam is the official religion of the nation as provided by Article 3(1), Article 3(4) underscores the intent of the Constitution to protect the sanctity of the freedom to practise one’s own faith by stating that nothing in Article 3 derogates from any other provision of the Constitution.
Freedom of religion is also enshrined in Article 18 of the Universal Declaration of Human Rights (UDHR) adopted by the United Nations in 1948 which reads: “Everyone has the right to freedom of . . . religion; this right includes freedom to change his religion or belief, and freedom either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”
(Malaysia was formed after the proclamation of the UDHR and although a member state of the United Nations, has never ratified the UDHR. Nonetheless, the UDHR is quoted here to underscore the universality and fundamental nature of the freedom of religion.)
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While Article 11 of our Constitution stipulates and guarantees that every person has the right to profess and practise his religion, this is still subject to Clause 4 on state law (for the federal territories, Federal law) which may control and restrict the propagation of any religious doctrine and belief amongst the people professing the religion of Islam.
This means the Constitution recognises that all persons have the right and freedom to choose his or her own religion according to one’s own choice, conscience, belief and conviction. This expression of “every person” must include all people of any and all ethnic groups and cannot be confined to a segment of society to the exclusion of one or the other. To do so would be a mockery to the Constitution. The right to profess and practise one's own religion would imply the right to choose a religion without the need to be subjected to any conditions. It also means the right to manage one's own religious affairs and institution without undue interference or discrimination.
On the right to propagate, Article 11(4) stipulates that state law (in the case of the federal territories, Federal Law) may control and restrict the propagation of religious doctrine or belief among Muslims. It is argued that such provisions allowing the state to control the propagation of non-Islamic religions is clearly contrary to the intention of the Constitution and indeed ultra vires against the backdrop of Article 11.
This is arguably the case as the Constitution envisages a secular state; Malaysia is not a theocratic but a secular state with Islam being declared the religion of the Federation under Article 3 of the Constitution. This, however, cannot be taken to mean that Malaysia is an Islamic state as it only provides that the nation espouses a national religion but does not exclude the practice of other religions. Such is expressly provided in article 3 which states that that provision does not derogate from any other provision of the Constitution (including Article 4 entrenching the principle of the supremacy of the Constitution). It also goes on in the same breath to pronounce that all religions may be practised peacefully and in harmony in any part of the Federation.
The process of national Islamisation, which started more than 25 years ago, has altered this fundamental perception and outlook within Malaysian society. Today, Islamisation continues to constrict the free and legitimate exercise of religious rights guaranteed under the Federal Constitution while incessantly undermining the secular basis and character of Malaysia.
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3. THE ISLAMISATION AGENDA
Against the clear intent of the Constitution that Malaysia is a secular state, strenuous efforts begun during the Mahathir era in the 1980’s to Islamise the nation. This was a political manoeuvre to counter the growing competition posed by PAS (an Islamic political party) to UMNO for popular support from the Malays. Mahathir vilified PAS as a political party bent on propagating radical Islam whilst at the same time promoted his government as moderate and committed to Islamisation. He set up a Department of Sharia Judiciary as well as a Department for the Advancement of Islam in the Prime Minister’s Office, complete with its own minister and secretariat. He also established the International Islamic University, Islamic Research Institute and Institute of Islamic Understanding. Faculties and departments of Islamic studies were created in most of the national universities. And in the year 2002, Mahathir made the bold declaration that “Malaysia is an Islamic state” (CNN.com/World, 18.6.2002).
Since Dr Mahathir’s unilateral declaration that “Malaysia is an Islamic state”, it has become increasingly clear that the government under Barisan Nasional (BN) intends to pursue an agenda to, insidiously or otherwise, inoculate Islamic principles and influence into all sectors of society. Indeed, it now appears that no aspect of the socioeconomic and socio-political fabric of the nation has been left uncoloured by Islamic influence – from banking to law, from dressing to education policy. By the same stroke, the rights and position of adherents of other religions are being diluted.
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4. 2011 - ISSUES AFFECTING RELIGIOUS FREEDOM
4.1 Right to Profess 4.1.1 Conversion 4.1.1.1 The BN’s claims of “religious freedom” is only skin deep, says Tony Pua from DAP. It is hence completely hypocritical for the Johor Mentri Besar to claim that a vote for BN is a vote for moderation. He said the PM should personally ask the non-Muslim community if there had been genuine “religious freedom” under BN’s rule before proudly declaring BN’s fairness. The opposition MP said there were “written and unwritten” restrictions placed on the various religions in the country. He noted the various thorny issues that had cropped up, from the “Allah” row to the growing list of conversion-custody cases. He said if the PM truly believed in freedom of religion, he must immediately instruct the Home Affairs Minister to retract the Government’s appeal against the High Court decision to allow the use of “Allah” by the non-Muslim community. He pointed out that the term had been in use amongst Christians and Sikhs for centuries, yet the government had chosen to press ahead with the appeal. He added that if the PM truly believed in the “freedom of freedom”, he must urgently form an interfaith panel to openly discuss critical issues affecting religious harmony in the country.1
Pua, who is the DAP’s National Publicity Secretary, said that the (then) Information, Communications and Culture Minister Rais Yatim must be responsible for the false news reported by RTM1 on the alleged association of DAP leaders such as Tan Kok Wai, Charles Santiago, Boo Cheng Hau, Ean Yong Hian Wah with the “Murtads in Malaysia & Singapore” Facebook group. This news was shown on RTM1’s 8pm prime time news slot on 27 Aug 2011. RTM1 also placed the spotlight on the chairperson of Parti Socialis Malaysia (PSM) and the Kota Damansara state assemblyperson, Dr Nasir Hashim, insinuating his betrayal of Islam.
Pua said that it is not required to secure one’s permission or approval for adding a Facebook member to a group. All of the accused ‘supporters’ of the Facebook page didn’t intend to or never knew they had ‘joined’ the group. Pua said that it is unethical for RTM1 to report such news without verifying the above information with the relevant people who were ‘implicated’ by the Facebook page. He said that RTM1 must be charged for making and disseminating false news to incite hatred among Malaysians.
1 DAP: BN’s religious freedom is only “skin deep”, January 23rd 2011 http://www.malaysiakini.com/news/154208 8 9
Pua noted that RTM1’s reporting followed closely behind another report by TV3 on 21 Aug which claimed that proselytizing was taking place at a tuition center on Old Klang Road after complaints by a non-existent ‘Surau Al-Musyrikin’. Pua demanded that Rais Yatim apologize on behalf of the TV stations for making false and seditious news reports.2
4.1.1.2 In a statement issued by the Malaysia Hindu Sangam (MHS), its president, RS Mohan Shah, expressed shock that three lecturers of a local college in Perlis together with officials from the state Islamic Affairs Department (JAIP), had a hand in the conversion of an Indian female student to Islam. Mohan said that the lecturers and JAIP officials failed to follow the rules and the lecturers concerned said that they were not aware of the rules.
Mohan also cited cases of Hindus living in poverty being taken advantage of by the religious authorities and coaxed into converting to Islam. Mohan said that many conversion cases brought to MHS involved converts who were not provided with proper knowledge about conversion and were misguided into signing conversion documents. This has brought a lot of problems to the converts and their family members.
Mohan insisted that conversion must be carried out in a transparent manner with proper knowledge and conducted with the consent of the convert’s family, especially in the case of children, young people and people lacking maturity and awareness.3
4.1.1.3 Wanita Umno has been urged to help religious authorities explain Islam to Muslim converts among the Orang Asli community. UMNO Supreme Council Member, Ismail Sabri Yaakob, said that certain groups have been visiting Orang Asli villages to give them assistance and to persuade them to return to their original beliefs. He said that it was possible that Orang Asli Muslims may commit apostasy.4
4.1.1.4 In response to recommendations in the Suhakam 2010 report, the federal government is studying the possibility of implementing standard procedures to deal with apostasy cases. The Minister in Prime Minister’s Department, Nazri Aziz, said this matter was being studied by the Attorney-General’s Chambers. Currently, only Enakmen Pentadbiran Agama Islam 2003 of Negeri Sembilan has procedures for
2 Pua : sack those responsible for RTM1’s “Murtad” report, August 28th 2011 http://www.malaysiakini.com/news/174333
3 Hindu Sangam to bring conversion grievances to PM, September 15th, 2011 http://www.malaysiakini.com/news/175851
4 Explain Islam to Orang Asli Muslim Converts, August 13th 2011 http://www.malaysiakini.com/news/172950 9 10
apostasy cases. On apostasy issues, Nazri said the government wants procedures for religious conversions that are based on syariah law and not on human rights principles, since these were not based on hukum syarak. The Suhakam report stated that the federal government preferred to hold to the syariah enactments which require Muslims who intend to leave Islam to go for counseling and repentance. The authorities have the power to request the individual to attend counseling as long as deemed necessary. If the individual refuses to repent then the authorities can impose actions based on present state laws. The report stressed that any law to govern apostasy cases must be studied in depth and take into consideration the interests and rights of every individual.5
4.1.2 Disputed Religious Status 4.1.2.1 Komtar assemblyman Ng Wei Aik registered his daughter’s race as “Anak Malaysia” and religion as “None Yet”, but the NRD changed these to “Chinese” and “Buddhist” respectively. The NRD maintains that the race and religion of the child must be either the race/religion of the father or mother.6
4.1.3 Body Tussle cases 4.1.3.1 Negri Sembilan Islamic Affairs Department (JHEAINS) claimed that it had evidence to prove that Lawrence Selvanathan, 33, had converted to Islam three days before his death. On 22 Sept, JHEAINS served the family a court order to stop them from proceeding with the funeral at Lukut, Port Dickson. JHEAINS also stopped the family on their way to the funeral mass but the deceased’s friends took matters into their own hands and cremated the body. Lawrence Selvanathan’s family is now facing legal action initiated by JHEAINS. His friends transported his body to a church in Seremban for funeral rites and on their own, decided to cremate his remains and bury the ashes in Segamat. When JHEAINS tried to stop the family from proceeding with the funeral and burial on 22 Sept 2011, a stand-off ensued between family members and at least 30 police officers and JHEAINS officials. Ravi Munusamy, the Port Dickson state assemblyman, stepped in as a mediator and a local priest represented the family. Subsequently, police officers appeared at the family’s home in Lukut around midnight to serve a syariah court order.
According to lawyers familiar with conversion cases, the syariah court cannot cite the family of the late Lawrence Selvanathan for contempt of the syariah court for cremating his remains. Syariah lawyer Muhammad Burok said that this was because the family of the deceased is Christian and as such, they do not fall under the
5 Gov’t studying ‘standard procedures’ for apostasy, August 12th, 2011 http://www.malaysiakini.com/news/172815
6 NRD chose race, religion for DAP rep’s child, June 23rd , 2011 http://www.malaysiakini.com/news/167805 10 11
jurisdiction of the syariah court, which can only deal with cases in which all parties are Muslim. He argued that the syariah court order would not hold up as it was served on non-Muslim parties.7
There are conflicting facts as to Lawrence’s supposed conversion by the family and the Islamic authority. The family said that they have not come across sufficient evidence to back the claim that Lawrence converted. For example, the normal conversion process takes three weeks, he was not circumcised, the conversion was not stated in his death certificate, and there is no record (of the conversion) in the national registration database. Pusat Dakwah Islamiya officer Muhammaed Zuwairi Baharudin said that Lawrence had gone to the center with a friend, Shahul Hameed to convert to Islam. His Muslim name was Zairy Abdullah. Zuwairi said he had evidence of the conversion. Father Clement Lim of the Immaculate Conception Church said that Lawrence was a devout Catholic and an active member of the parish.8
4.1.4 Against Non-Orthodox Muslims 4.1.4.1 Like other Muslims they read the Koran and face Mecca to pray but the Shiite community in Malaysia is considered a “deviant sect” and faces harassment. Religious authorities in December arrested 200 Shiites, accusing them of threatening national security. The former state religious department head said Shiite doctrine is more dangerous than other deviant teachings. In a country where non-Muslims are constitutionally free to practice their faith, the crackdown on an Islamic sect which forms the majority in other countries has raised concerns. The Shiites in Malaysia are one of several Islamic sects under close watch by religious authorities. A 1989 Islamic law and a 1996 fatwa by Malaysia’s top Islamic clerics banned Shiism, declaring it a deviant ideology. Chandra Muzaffar, head of the International Movement for a Just World (JUST), says that religious officials are abusing their power. He said if the Shiites were deviants, then 15% of Muslims in the world were also deviants. An Iranian trained leader of the “Knowledge House” raided by authorities in December said that they were forced to practice their faith quietly. He added that they were Muslims just like any other Muslims in the country but they lived in constant fear of being attacked verbally and are often arrested and detained by authorities. Their future is very uncertain and they have lived here for centuries and do not know how long they can exist like this on the periphery of society. They are fellow-Muslims but treated like outcasts.9
7 Body Snatching : Syariah Court Can’t Cite Kin, September 29th, 2011 http://www.malaysiakini.com/news/177187 8 Tussle over body takes another strange twist, September 23rd 2011 http://www.malaysiakini.com/news/176634 9 “Deviant” Shiites Face Uncertain Future, February 8th , 2011 http://www.malaysiakini.com/news/155465 11 12
4.1.4.2 Kamariah Ali, a follower of the Ayah Pin sect failed in her appeal in Putrajaya to reinstate her application seeking a declaration that she has the absolute right and freedom under Article 11(1) of Federal Constitution to profess and practice any religion, which includes the right of Muslims who have reached adulthood to leave the religion. She also sought a declaration that she has the choice to profess a religion of her choice and not by declaration of another party. Justices Abu Samah Nordin, Ashar Ma’ah and Clement Allan Skinner concurred with the decision of the then High Court judge Md Raus Shariff that the matter was within the sole domain of Syariah Court by virtue of Article 121(1A) of the Federal Constitution which gives exclusive jurisdiction to the Syariah Court to determine matters related to Islam. The panel unanimously dismissed Kamariah’s appeal against the 30 Dec 2005 decision by the High Court. Justice Azhar held that since the subject matter was apostasy, it was within the Syariah court’s jurisdiction and not the civil court. Represented by Malik Imtiaz Sarwar, Kamariah had to pay legal cost of RM10,000 to the respondents Majlis Agama Islam dan Adat Melayu Terengganu and the State Government, and another RM5,000 to the Attorney General’s Chambers. Kamariah was among those arrested in a raid on Kampung Ayah Pin, Besut, by officers of the Department of Religious Affairs, Terengganu (JHEAT) and the police on 20 July 2005. She was charged at the Kuala Terengganu Syariah High Court on 4 Aug 2005 for allegedly committing offences against Islamic Law under Section 10 & 7 of the Criminal Offences Enactment (Takzir) (Terengganu) 2001.10
4.1.4.3 A religious group deemed deviant by the Selangor Islamic Religious Department (Jais) is seeking a muzakarah (dialogue) in reaction to the state agency’s dogged campaign against the sect. Jemaat Ahmadiyah Muslim Malaysia (Jamm) is upset over the religious department’s alleged defamatory comments in a 20 Oct 2011 programme on AlHijrah TV, a station operated by the Department of Islamic Development Malaysia (Jakim).11
4.2 Right to Practice 4.2.1 Demolition of Non-Muslim places of worship 4.2.1.1 Two former leaders of the Hindu Rights Action Force (Hindraf) declared the Sivan Temple “open”. In 2008, the Kuala Lumpur and Petaling Jaya city halls ordered the temple’s closure after extension work was deemed to have caused a landslide. One of them claimed that “safety” was used as an excuse to permanently close down the temple. He said no mosque, surau, church or Buddhist temple had ever been
10 Court dismisses Ayah Pin follower’s appeal, July 18th, 2011 https://www.malaysiakini.com/news/170291
11 'Deviationist' sect seeks dialogue with Jais, October 29th, 2011 https://www.malaysiakini.com/news/179915 12 13
closed down in Malaysia. He described the closure as contravention of freedom of religion under the Federal Constitution. He also called on the current Selangor state government to alienate the site of the temple to its trustees within 30 days and to gazette it accordingly instead of resorting to temporary solutions provided by the former Selangor government. No one should be deprived of their rights in religion, the other former Hindraf leader also said.12
4.2.1.2 The Machap Umboo Chapel for Orang Asli has challenged the demolition order by the Alor Gajah town council by applying for a judicial review. “The land where the chapel is located was approved by the state authority as an aboriginal reserve pursuant to the Aboriginal Peoples Act 1954 in 1960 but is yet to be gazetted after more than 40 years. The chapel is used as a place of worship by the Temuan residents of Kampung Machap Umboo and surrounding areas. We were neither consulted nor given the opportunity to state our case to the town council regarding the erection of the chapel,” they said. They expressed disappointment with the council for failing to take into account: the constitutional right of Temuan residents of Kampung Machap Umboo to profess and practise the Christian faith, the special position of Orang Asli within their customary lands (tanah adat), and the constitutional duty of the federal and state governments to protect these lands.13
4.2.2 Places of Worship 4.2.2.1 The Penang Fatwa Council’s decision to prohibit the use of loudspeakers to broadcast the Quran recital before dawn call to prayer (azan) drew both support and criticism. The Penang Islamic Religious Affairs Department (JHEAIPP) issued a circular directing all mosques and suraus in Penang to stop using loudspeakers for the reading of Quranic verses before the dawn prayers as this could go against syariah law and disturb other people inside and outside these places of worship.14 JHEAIPP quoted a hadith by Abu Sa’id al-Khudri where Prophet Muhammad issued such a prohibition.
PAS Youth supported the Penang Fatwa Council’s decision. Its Youth Chief, Nasrudin Hassan Tantawi, said the ban was in line with the teaching of Prophet Muhammad. He said that this prohibition was not for the azan and many did not realize that they could be disturbing others. The decision was also supported by the Perlis Mufti, Juanda Jaya, who said that Perlis has observed this practice for several years.
12 Ex-Hindraf leaders declare Bukit Gasing temple “open”, February 8th 2011 http://www.malaysiakini.com/news/155456
13 Court to hear church's bid to quash demolition order (freedom to practise, demolition of worship places), November 24th, 2011 http://www.malaysiakini.com/news/182258
14 Fatwa should have been referred to king, says Zahid, August 13th, 2011 http://www.malaysiakini.com/news/172909 13 14
Juanda said that the practice of broadcasting Quranic readings through mosque or surau loudspeakers at dawn goes against the Prophet Muhammad’s teachings because it disturbs those who are still sleeping. He said that such acts of disturbing others are forbidden and are considered sinful. The Perlis Fatwa Council chaired by the Tuanku Raja Muda Perlis had dealt with this matter on 30 April 2007 and decided that the use of the microphone and loudspeakers was only to amplify the azan twice. He said those who differ on this matter are ignorant of the laws and the role of the mosque in Islam. Jamil Khir Baharom, the Minister in the Prime Minister’s Office said he respected the decision by the state fatwa council. The former Perlis mufti, Dr Mohd Asri bin Zainul Abidin, also supported the ban and said it was consistent with the Prophet’s teachings. Only the azan was meant to be amplified. He said that abiding by this matter was not a political issue but merely to follow the directives of the Prophet and to preserve the harmonious image of Islam. He also said that raising one’s voice in prayer doesn’t add to one’s love for Islam but in fact creates misunderstanding among many quarters.15
Those who were unsupportive included the National Fatwa Council, which said that the Penang fatwa council should have consulted muftis from other states before making this decision. Abdul Shukor Husin, the National council’s chairperson, said there is no need for this prohibition as mosques and suraus should be able to make their own judgments.16 Abdul Shukor also said that the decision may affect the unity of Muslims in the country. UMNO Vice President, Dr Ahmad Zahid Hamidi said that the Penang state government should have referred the fatwa to the Yang di- Pertuan Agong. He said that the matter would not have cropped up if the state government had been sensitive to issues pertaining to Islam.
4.2.3 Ridiculing Christianity 4.2.3.1 After extensive coverage on apostasy movement by Christian groups, Sinar Harian in a later column alleged that Christian groups encouraged free mingling between sexes and permitted prostitution. The info text box entitled “Objectives of the Christian Movement” listed 4 programs to destroy Muslims: Social movement: encouraging free mingling between the sexes; Moral degradation: damaging moral values with wild activities; Permitting prostitution as a service occupation; and Films and music: inserting negative or extreme elements and excessive music that leads to heedlessness and negligence.
15 Perlis backs Penang on mosque loudspeaker ban & That which is not azan should not be broadcast, August 13th 2011 http://www.malaysiakini.com/news/172901 & http://www.malaysiakini.com/letters/154326
16 PAS Youth “aye” for Penang’s loudspeaker fatwa, August 13th 2011 http://www.malaysiakini.com/news/172936 14 15
Sinar Harian also reported that Islamic NGO Jamaah Islah Malaysia (JIM) president Zaid Kamaruddin called on the authorities to establish a research centre to detect apostasy at an early stage. The report also featured Isa Ralik, president of Malaysia Syariah Lawyers Council, who said that the preaching non-Islamic religions to Muslims violated the Federal Constitution. Former Information Minister, Zainuddin Maidin, urged the Malay rulers’ council to address the risk of proselytization by Christians. He said Christians had the objective of turning Malaysia into another Indonesia where “one race is not one religion”.17
The management and editorial department of Sinar Harian apologized for publishing an information text box which accused Christians of the above. CCM then demanded that Sinar Harian’s editors state publicly the measures taken to ensure that similar reports are never published again. CCM General Secretary Rev. Hermen Shastri said that respected and responsible newspapers must keep away from callous and insensitive reporting which may destroy religious harmony in Malaysia.18
Catholic Bishop Dr Paul Tan said that the article about Christianity encouraging free sex and permitting prostitution showed the existing gulf in understanding between nominal Muslims and other religions in Malaysia. He said that the Home Ministry would have acted swiftly on publications which featured a contorted view of Islam. He said that Malaysians should learn about each other’s religion and urged the authorities to prevent the spreading of lies about the beliefs of other religions.19
4.2.3.2 An anti-apostasy rally, known as the ‘Himpunan Sejuta Umat’ was held at the Shah Alam stadium. The rally was backed by NGOs, one of which was the Perkasa, and the youth wings of political parties UMNO and PAS. One of the brochures handed out at the rally was entitled, “Siapa bertanggungjawab kristiankan Melayu di Selangor?” which accused Damansara Utama Methodist Church (DUMC) senior pastor Daniel Ho of being one of the masterminds of organized attempts to proselytize to Muslims. The brochure also contained photographs of unidentified people being baptised, with the comment “Here is the proof that is being sought. Scrutinise these photos…”. The insinuation was that Muslims were being baptised into the Christian faith. Himpun co-chairperson Yusri Mohamad told Muslims at the
17 Christian groups permit prostitution says report, August 23rd , 2011 http://www.malaysiakini.com/news/173832
18 Christians & prostitution : Sinar Harian says sorry, August 24th, 2011 http://www.malaysiakini.com/news/173944
19 Bishop troubled by growing religious gulf, August 23rd 2011 http://www.malaysiakini.com/news/173879 15 16
rally that apostasy and proselytisation are the biggest sins, with the former being the greater “infringement on human rights”.20
4.2.3.3 The Chinese Methodist Church in Taiping was vandalised with an image of Satan and an inverted cross sprayed on its main gate as well as at the back of the building. The DAP MP for Taiping, Nga Kor Ming, slammed the action, saying that the person responsible was playing with fire, and should be strongly condemned and face legal action.21
4.2.3.4 Five pig heads were found in front of the Al-Falah mosque in Taman Desa Jaya, Johor. This incident followed the discovery of two bags suspected to contain bones in front of the same mosque the day before. The chairperson of the mosque said that three years ago, he received a complaint letter that the mosque’s speakers were too loud. Those who have “issues” with the mosque should discuss them “through the proper channels”, he said.22
4.3 Right to Propagate 4.3.1 Sinar Harian claimed that the conversion of Muslims was being done openly despite it being against the law. The paper dubbed this as an “apostasy movement”. The report said that the proselytisers had become braver and said the subtle spread of apostasy had to be stopped. To back up its claims, the paper featured a former Christian, Mohd Farhan Abdullah al-Hafiz, who claimed that he had helped 200 Muslims embrace Christianity while being trained as a pastor. After becoming a Muslim 20 years ago, Mohd Farhan claimed that he has since helped more than 4,000 Christian convert to Islam. In a related development, Utusan Malaysia reported that the Education Ministry ordered a tuition centre in Jalan Klang Lama to stop operations following claims that Muslim children were being influenced by Christian teachings through the tuition classes. Previous reports claimed that that the free classes provided by the tuition centre were a subtle way to proselytize Malay children. Seputeh Umno Youth division plans to get tutors for these children instead.23
20 5,000 turn up at anti-apostasy rally, October 22nd, 2011 http://www.malaysiakini.com/news/179368
21 'Satan', inverted cross sprayed on church, December 22nd, 2011 http://www.malaysiakini.com/news/184755
22 Pig heads found at mosque entrance in Johor, December 30th , 2011 http://www.malaysiakini.com/news/185303
23 Apostate movement getting more blatant, claims daily, August 22nd, 2011 http://www.malaysiakini.com/news/173730 16 17
4.3.2 Following Utusan Malaysia’s report that Muslim children were being influenced by Christian teachings through free tuition classes, the Kuala Lumpur Education Department sent officers from the Islamic education division to visit a school at Jalan Kuchai Lama and interview a Year One pupil. Utusan’s assistant chief editor, Zaini Hassan, claimed that an Indian teacher said that there were Muslim pupils who could sing Christian songs and recite the story of Jesus Christ’s crucifixion. Zaini claimed that the free tuition was a subtle way to proselytize to Malay children from poor families. Umno Seputeh division youth chief, Mohd Razlan Muhammad said that the free tuition classes attended by 20 children started operation six years ago, and that the children were mostly from primary schools in Brickfields and Jalan Kuchai Lama. Razlan claimed that the children were given treats such as free movies and meals at luxurious restaurants on their birthdays. He stressed that preaching non-Islamic religions to Muslims is a violation of Article 11(4) of the Federal Constitution.24
4.3.4 An NGO, Jingga 13, lodged a police report against TV3 for allegedly fabricating news on the tuition centre in Jalan Klang Lama. On 21 Aug, TV3 had aired a report during its Bulletin Utama prime time news that the tuition center had been spreading Christianity to its Muslims students. The news report used a clip showing about 50 members of the Surau Al-Musyrikinqariah led by Mustapha Kamal Mohd Yusof (an UMNO branch leader in Seputeh) protesting in front of the centre. According to Fariz of Jingga 13, their investigation showed that no such surau exists in the area. The tuition centre is located in a squatter area populated mainly by Chinese, Indians and Indonesians. The centre had been there for years to teach Christianity to Christian children, comprising Chinese, Indian and Christian Indonesians, and there had been no Muslims in the classes. The news report concerned was subsequently removed from TV3’s website.25
4.4 Restriction on other religions 4.4.1 The parents of a Sikh boy attending national service training cried foul after their son woke up on Sunday to find his hair had been cut. The Sikh religion prohibits the cutting of hair as part of a practice known as kesh. The boy’s parents said he was traumatized and they refused to allow him to continue the course. The boy did not know who was responsible. The boy’s father said that if such an incident had happened to his son, it could also happen to children of any faith. He asked if the authorities could convince parents that the training camps were safe. The boy lodged a police report in which he claimed the camp commander had said it was something “normal” done by “naughty youths”. He was not satisfied with the statement
24 Education Department probes ‘evangelist tutors’ claims, August 18th, 2011 http://www.malaysiakini.com/news/173357
25 TV3 news on proselytization fake, says NGO, August 27th 2011 http://www.malaysiakini.com/news/174289 17 18
because it involved religion. The family asked for a thorough investigation and legal action to be taken against those responsible. The National Service Training Programme director-general said it was an “isolated incident” and parents should not be overly alarmed. He said he was unable to provide further comment as a full investigation was in progress.26
4.4.2 Non-Muslims Malaysians have not complained when they have to listen to Islamic prayers before government meetings, speeches and in schools, said senator S. Ramakrishnan. He was thus shocked to learn of the Jakim guidelines for Muslims regarding the religious festivals of non-Muslims. Jakim essentially told Muslims not to attend other religious festivals that include symbols such as the cross, lights, candles, Christmas trees and so forth. Ramakrishnan noted while non-Muslims have always been respectful of the role of Islam in public ceremonies, Jakim was advising the Muslims to do the opposite regarding other religions. Jakim does not appear to be aligning itself with the Prime Minister’s vision of 1Malaysia. The senator urged the government to investigate and urge Jakim to remove the guidelines. However, a similar stance was also taken by the 68th Muzakarah of the National Fatwa committee for Islamic Religious Affairs when it decided that the non-Muslim events should not include by ceremonies that are “against the Islamic faith”. As examples, wearing red costumes that depicted Santa Claus or other clothing that reflected non- Muslim elements, or using sounds or ornaments like church bells, Christmas trees, or the breaking of coconuts, were not acceptable for Muslims.27
4.4.3 There were calls by some quarters for the PKR Seri Muda assemblyperson to be hanged for allegedly insulting the Selangor Sultan. The former Perlis mufti said that such calls were wrong, because killing someone was among the biggest sins in Islam. He said the sin of killing is graver than adultery, consuming alcohol and other sins. The former mufti further explained that criticizing a sultan is not forbidden in Islam, and a sultan is not a prophet who is protected from committing errors and thus above criticism. He described those who had made the suggestion as “sycophants who have gone overboard” and who have forgotten the laws of God that forbid the taking of life of a human being, except for reasons that are valid according to the religion.28
4.4.4 The Christian Federation of Malaysian (CFM) in reaffirming its stand on the freedom of religion maintained that there should be no restrictions, proscriptions or
26 Sikh boy’s hair cut at NS camp, parents cry foul, January 10th 2011 http://www.malaysiakini.com/news/153745
27 Jakim guidelines contrary to 1Malaysia ideals. January 20th, 2011 http://www.malaysiakini.com/news/153952
28 Ex-mufti slaps down “hang Shuhaimi” call, January 5th, 2011 http://www.malaysiakini.com/news/152490 18 19
prohibitions on the Bible and the choice of language used in the practice of our religion. Christians like other Malaysians are not demanding anything beyond their constitutional and fundamental rights. The controversy surrounding the Alkitab is just one of the many issues that concerns Christians. Over time, there has been a progressive pushing back of the public space to practice the Christian faith. The CFM called on the government to remove every impediment to the importation, publication, distribution and to protect the right to use the Alkitab. This includes revoking orders under the Internal Security Act which declared the Alkitab a threat to national security. As for the copies of the Alkitab that have been impounded and desecrated, the stamping of the Bibles by the Ministry of Home Affairs amounts to an act of defacement, disrespect and treating with disdain the holy book of the Christians. CFM said the freedom of religion should include the free availability, without hindrance or obstacle, of the Alkitab and all sacred scriptures in Malaysia.29
4.4.5 The current tax policy is unfair as the zakat, an Islamic tax which is used exclusively for the development of Muslims through the building of mosques and other amenities, enjoys a tax rebate, said a senator, an accounting lecturer. He urged the government to give non-Muslims a similar tax rebate and to amend tax legislation so that Malaysians of all religions are treated fairly. According to him, donations to a temple or church by non-Muslims are calculated differently for tax purposes by the Inland Revenue Board. A Muslim gets a rebate from paying zakat, but the non- Muslim gets only a relief when donating to religious organizations. The senator added that when non-Muslims do their religious obligations, it is not tax deductible unless the church or temple applied and obtained approval for tax exemption. It would be a tedious task for non-Muslim organizations to apply for approval and without any guarantee of obtaining it. He called on the government to amend the laws and raised the issue in Parliament so tax legislation would be made consistent with the principle of the freedom of religion.30
4.4.6 The National Association of Muslim Students (PKPIM) expressed its objections against those who disagreed with the translation of the bible into Malay. Its president said Malay is the national language for use by all ethnic and religious communities. He added that the national language is among the languages spoken by a number of Christian communities in the interior of East Malaysia. The Young Buddhist Association of Malaysia (YBAM) also called for the right of all Malaysians to read their holy books in the national language to be respected and for all restrictions against Malay-language Bibles to be lifted. YBAM is against the demand by the government asking Christian organizations to print the words “for the use of
29 CFM Rejects Government’s Proposal on Sized Alkitab, March 30th , 2011 http://libertysentinel.wordpress.com/2011/03/30/cfm-rejects-governments-proposal-on-seized-alkitab/
30 Apply Zakat Policy of Rebate to All Citizens. March 4th 2011 http://www.malaysiakini.com/news/157661 19 20
Christians only” on the Malay version Bible as a condition to lifting the ban on the Alkitab. The YBAM executive secretary said anyone should be free to read books on religions other than his own. The Minister in the Prime Minister’s Department, Koh Tsu Koon, also called on the government to exercise discretion and understanding, and to consult with the groups concerned before carrying out any decision on the matter.31
4.4.7 Christian pastors were questioned by the police after Utusan Malaysia reported that they were part of a conspiracy to make Christianity the country’s official religion. They were asked for details about their worship practices, such as whether they raised hands. Such allegations arose after a dinner which some pastors attended that was actually part of a conference featuring ethics advocacy group, Unashamedly Ethical. The topics at the conference were on corruption and how Christians should respond. The prayer sessions were nothing more than a pre-meal thanksgiving and a closing prayer.32
4.4.8 Home Minister Hishamuddin Hussein then said that there was “some basis” to Utusan Malaysia’s report that there was a Christian conspiracy to make Christianity the official religion of the country and to install a Christian prime minister. He based his statement on a police report lodged by a DAP member who claimed to be present when the alleged conspiracy was hatched.33
4.4.9 Perkasa president Ibrahim Ali threatened to wage a crusade against Christians if the Christian community “continued to challenge Islam’s position in the country”. He also accused Christians of “challenging the sovereignty and dignity of Malays and Muslims.”34
4.4.10 An NGO requested an audience with the Yang di-Pertuan Agong Sultan Mizan Zainal Abidin over a blog article that purportedly insulted Islam. Jingga 18 coordinator, Fariz Musa, said that the article was rude and disrespectful as it insulted and swore at the name of Allah and the Prophet Muhammad, besides twisting facts about Islam. The request to meet the King was a follow-up to an earlier action by the Malaysian Islamic Youth Movement (Abim) which had filed a police report against the article. The blog concerned is makcikhajjahsittalwuzara.wordpress.com, which also has a
31 Allow Malay-language bibles, say groups, March 17th 2011 http://www.malaysiakini.com/news/158888
32 Police quiz 8 pastors over “Christian conspiracy”, May 15th 2011 http://www.malaysiakini.com/news/164120
33 Home minister: 'Some basis' to Utusan's report, May 13th 2011 http://www.malaysiakini.com/news/164070
34 Perkasa ready to crusade against ungrateful Christians, May 15th 2011 http://www.malaysiakini.com/news/164170 20 21
Facebook page with the name “Makcik Hajjah Sitt Al Wuzara”. Fariz said they were seeking an audience with the King because there had been no action taken against the blog. Fariz also slammed the Malaysian Communications and Multimedia Commission (MCMC), Malaysian Islamic Development Department (Jakim) and the police for not taking action.35
4.4.11 Officers from the Selangor Islamic Religious Department (Jais) trespassed on a church compound in Petaling Jaya and disrupted a multiracial thanksgiving dinner. Dr Daniel Ho, the Senior Pastor of the church concerned, Damansara Utama Methodist Church (DUMC), said that a group of 20 to 30 Jais and police officers entered and searched a private property without a warrant. They entered the hall and started taking videos and photos. Ho said that Jais officers recorded the particulars of the Muslim guests. The dinner was held by an NGO called Harapan Komuniti at the Dream Centre, an activity complex which houses DUMC. Harapan Komuniti is an NGO that helps women, children and victims of HIV/AIDS and of natural disasters. Those attending the dinner were a multiracial group of volunteers, leaders, supporters and others who have benefited from the NGO’s work. Ho called on all Malaysians not to condone this breach of freedom of assembly as provided by Article 10 of the Federal Constitution. According to DUMC members, Jais officers ransacked the garbage bins of the church. The Friday prior to the raid, Dream Centre had hosted an electoral reform forum organised by the Association for the Promotion of Human Rights (Proham) which featured Bersih leader Ambiga Sreenevasan and the Election Commission deputy chairperson Wan Ahmad Wan Omar.36
4.4.12 The Council of Churches of Malaysia (CCM) General Secretary, Rev Hermen Shastri, condemned the raid Jais on DUMC, calling it a threat to Malaysia’s already delicate situation. CCM said the raid sets a dangerous precedent and makes a mockery of the sanctity of religious places; it also traumatized guests of the different ethnic communities. Relations between authorities and Christians in Malaysia have been strained in recent years, with some minorities warning of a rising tide of Islamisation.37
4.4.13 The Selangor Exco member in-charge of Islamic affairs Hassan Ali justified the raid on DUMC and said that there was evidence of proselytization. He said the 12 Muslims who were present at the event will be investigated. He added that those involved in the event could be charged under Section 10 of the Syariah Criminal Offences
35 NGO alerts Agong on anti-Islam blog, September 12th 2011 http://www.malaysiakini.com/news/175567
36 Multi-racial dinner at church disrupted by Jais, August 4th, 2011 http://www.malaysiakini.com/news/171943
37 Jais raid ‘a dangerous precedent’, says CCM, August 4th, 2011 http://www.malaysiakini.com/news/172039 21 22
Enactment 1995. He insisted that no raid or arrest was made but that Jais had only done a search of the premises. He said Jais officers and police were stopped by the organizers, one of whom was a Muslim, but they managed to search the premises. He claimed a speaker at the event used the word “Quran” and had prayed in English. He said the organisers tried to destroy evidence while others tried to escape through the back door.38
4.4.14 A 2010 report by Suara Rakyat Malaysia (Suaram) said that the moves by the Umno- led government to purportedly defend Islam and Malays in order to secure their votes had led to the Islamic authorities using their powers to impose their dictates. According to the report, the trend of politicising religion which escalated after the March 2008 general election has escalated even further the following year. One instance was the caning of three Muslim women under Syariah Law for – the first time this has happened – even though civil law states that women cannot be caned. The report blamed the Home Ministry for politicising religion by failing to act in a non-partisan. An example cited was the suspension of a surau committee after it allowed a non-Muslim MP to visit, with the Home Minister saying that the non- Muslim MP’s visit was “dirty” and “a disaster”. The report also pointed out that the government has reacted strongly on Muslim issues but was reluctant to act against those who inflamed non-Muslim sentiments. In July 2010, one person was sentenced to prison for a week and 11 people were fined for carrying a slaughtered cow head to protest the relocation of a Hindu temple in Shah Alam. In the case of the “Allah” word ban, the Home Minister endorsed Muslims’ protests against the court decision (to allow the word in The Herald) and also appeal the court’s decision. The report concluded that religious tensions have not abated and the country continues to slide down a slippery slope of racial-religious communal politics.39
4.4.15 Acording to the Pew Forum’s findings on Religion and Public Life, Malaysia is in the top 10 of countries with some of the highest government-led restrictions on different religions. The other countries are Egypt, Iran, Saudi Arabia, Uzbekistan, China, Maldives, Burma, Eritrea and Indonesia. Based on a three-year study of 198 countries since 2006, the Pew Research Centre also determined that Malaysia is fifth in recording substantial increases in such restrictions. Researchers studied more than 18 publicly available sources of information, such as reports by the US State Department, the United Nations, the Council of the European Union and several rights groups to check on the tolerance of different religions within the country. In Malaysia, several incidents could have contributed to this unwanted ranking. Some of these incidents are the seizure of Christian-related books and CDs, ban on the use
38 Church raid : Jais found ‘proof of proselytisation’, August 4th 2011 http://www.malaysiakini.com/news/172023
39 Government to blame for rising politicization of religion, July 27th 2011 https://www.malaysiakini.com/news/171175 22 23
of “Allah” in Christian publications, action by the Islamic authorities against the Wahabbi and Shia sects, the arrest of former Perlis mufti Mohd Asri Zainal Abidin and the demolition of Hindu temples. This study reported that between 2006 and 2009, religion-linked violence and abuse has risen worldwide, with Christians and Muslims the common targets. Incidents of government or social harassment were reported against Christians in 130 countries (66%) and against Muslims in 117 countries (59%). In 2009, governments of 101 countries used some measure of force against religious groups whereas in 2008, only 91 countries had done so. The Middle East and North Africa had the highest proportion of countries whose governments imposed restrictions on people’s freedom to practice their faith.40
4.4.16 The Selangor Sultan, Sultan Sharafuddin Idris Shah, validated the Selangor Islamic Affairs Department (Jais) raid on Damansara Utama Methodist Church (DUMC) which took place during Ramadan. But the Sultan also claimed that the lack of evidence prevented legal action being taken against any party. The Sultan warned the public not to question the Jais raid as it did not breach any laws in Selangor, and reiterated the order that proselytising Muslims is forbidden, in line with Clauses 1 and 4 of Article 11 of the Federal Constitution and Selangor non-Islamic Religions (Control of Propagation Among Muslims) Act 1988.41
4.4.17 Comedian, TV host and lyricist Bob Lokman was detained by the Selangor Islamic Affairs Department (Jais) on the charge of “giving a religious speech” without accreditation. Along with Bob, PAS Youth election director Mohd Sany Hamzan and an official from a surau were also detained. Mohd Sany denied Bob was giving a religious lecture or had touched on political issues. About 20 Jais enforcement personnel and several police officers were involved in the operation.42
4.4.18 Universiti Islam Antarabangsa (UIA) law professor Abdul Aziz Bari was suspended from his lecturing duties. The show-case letter issued to him accused him of "making statements that run contrary to the interest of the university". He was quizzed by the police under the Sedition Act for his comments made in reaction to the Selangor Sultan's decree regarding the Jais raid on the Damansara Utama Methodist Church. In his comments published in Malaysiakini, Aziz said the Selangor Sultan had a right to intervene but this had to be in line with Islam. Aziz was also questioned by the Malaysian Communications and Multimedia Commission (MCMC).43
40 Study : Malaysia in top 10 for restricting religions, August 10th 2011 http://www.malaysiakini.com/news/172587 41 Sultan: Insufficient evidence for prosecution in Jais raid, October 10th, 2011 http://www.malaysiakini.com/news/178197 42 Jais detains entertainer for 'preaching without permit', October 11th 2011 http://www.malaysiakini.com/news/178292 43 University suspends law professor Aziz Bari, October 20th 2011 http://www.malaysiakini.com/news/179177 23 24
4.4.19 In an interview with the Malay-language daily Sinar Harian today, unnamed individuals said the soup kitchen method allowed the Christian groups to stay under the authorities' radar. They also claimed that Christian groups make recipients of assistance, mostly the urban poor, sign an indemnity letter, saying that the recipients were voluntarily taking part in the programme.44
4.4.20 Non-Muslims who propagate their religious teachings to Muslims can be charged in the civil court under the Control and Restriction (The Propagation of Non-Islamic Religions Amongst Muslims) Enactment. Minister in the Prime Minister's Department Jamil Khir Baharom said provisions in the enactment allowed for the inclusion of offences such as persuading, coaxing and instigating Muslims to change their religious faith. Besides publishing publications on other religions other than Islam, it is also an offence to expose non-adult Muslims to other religions, he said.45
4.4.21 Ikatan Muslimin Malaysia (Isma) president Abdullah Zaik Abdul Rahman claimed that there is a conspiracy to remove the status of race, religion and the Malay patronym of 'bin' and 'binti' from the MyKad. "This Western idea (of removing such statuses) supposedly will solve the problems of differences in race, descent and religion. But the effect is that children born out of wedlock would be legally registered and will destroy family institutions and the faith of Muslims in this country," he was quoted as saying.46
4.4.22 Utusan Malaysia and Berita Harian reported that Hasan Ali of PAS is warning Muslims about an organised Christian attempt to proselytise Muslims. He said this at an anti-apostate rally in Kuala Kangsar organised by the Himpun coalition. Hasan said there were Christian missionaries entering mosques and masquerading as Muslims with the intention of covertly influencing Muslim believers. Deputy Perak Mufti Zamri Hashim warned Muslims, in addition to his announcement on the rise of apostasy, that apostasy was not an individual matter. Rather, it conveyed a general message to other Muslims that Islam is “not beautiful and not good”.47
44 Soup kitchen used to proselytise, insiders tell daily, October 20th 2011 http://www.malaysiakini.com/news/179173
45 Syariah law applies to non-Muslim preachers, October 24th 2011 http://www.malaysiakini.com/news/179578
46 NGO claims plot to remove 'religion' from MyKad,, October 24th 2011 http://www.malaysiakini.com/news/179501
47 Hasan hits the road with Himpun again, December 18th , 2011 http://www.malaysiakini.com/news/184438
24 25
4.5 Islamism 4.5.1 According to historian and writer Ranjit Singh Malhi, Malaysian history textbooks have an Islamic-Malay bias. Ranjit’s research showed that references to other religions were reduced significantly, while those to Islam had increased from 17% in the previous Form Four history text book, to 41% in the current one. Current textbooks also contain many value judgments that are biased in favour of one religion. Non-Muslim historical figures have also been erased from the pages of these text books.48
4.5.2 Catholic Bishop, Dr Paul Tan Chee Ing said that Muslims in Kelantan should be allowed to implement syariah and hudud law on Muslims only if this is what they wanted, but provided that non-Muslims are given a cast-iron guarantee that it will not be implemented on non-Muslims.49
4.5.3 With reference to Kelantan’s claims that it had the people’s mandate to implement the Syariah Criminal Enactment II (1993), Lim Chee Wee, the Bar Council President, said that as penal laws come under federal jurisdiction, hudud law could not be implemented by individual states. He said the state could only enact laws related to “offences by persons professing the religion of Islam, against the precepts of Islam, and the respective punishments for such offences”. These offenses should exclude those already provided for under federal legislation and there cannot be any replication with federal law. If enacted, it must be consistent with the fundamental liberties guaranteed to all citizens, including Muslims, under Part II of the Federal Constitution. It would be wrong in law to bring Islamic penal laws into laws that are secular, given that Malaysia is a secular state. If implemented, it will result in divergent laws for Muslims and non-Muslims, a situation that is against Article 8 of Federal Constitution. As such, Muslims would be exposed to prosecution under two sets of laws, one under hudud and the other under the Penal Code. This would be contrary to the prohibition against repeated trials in Article 7(s) of the Federal Constitution.50
4.5.4 PAS Information Chief Tuan Ibrahim Tuan Man said that Kelantan voters had chosen PAS for its Islamic ideals. As such, he said that the decision on whether to implement the Syariah Criminal Enactment II (1993) was at the discretion of the Kelantan government and not the federal government.51
48 Islamic-Malay bias in history text books, April 9th 2011 http://www.malaysiakini.com/news/161087 49 Bishop takes nuanced stance on hudud, September 23rd 2011 http://www.malaysiakini.com/news/176647 50 Kelantan has no jurisdiction to enact hudud law, says Bar. September 30th 2011 51 PAS : Kelantan people voted for hudud, 30th September 2011 http://www.malaysiakini.com/news/177297 25 26
4.5.5 Pakatan Rakyat said that they will uphold the Federal Constitution with regards to hudud law and imply that they will not seek constitutional amendments required for hudud law to be implemented. They agreed to disagree on existing enactments concerning hudud law in Kelantan and Terengganu. Anwar Ibrahim said that there is no consensus by Pakatan Rakyat on whether to implement hudud law if it comes into power in the next election.52
4.5.6 "To implement Islamic law and to educate non-Muslims (on Islam) can only be done by force," Ridhuan Tee, an associate professor, told a forum entitled 'Hudud: Its dilemma and implementation' organised by the Malay-language daily Sinar Harian in Shah Alam. Qualifying his assertion, Ridhuan said this is because the "negative attitude" of non-Muslims towards Islamic law makes it unlikely that they will voluntarily accept its implementation.53
4.5.7 Former inspector-general of police Abdul Rahim Mohd Noor today said the coming of a "human rights wave" would threaten the principles on which the country was founded. Describing the wave as a new religion, he said it would threaten and erode the agreements made by the different races at Malaya’s Independence.54
4.5.8 Mjlis Perundingan Pertubuhan Islam Malaysia (Mapim) objected to the event ‘Gender Equality: Unaddressed Women's Rights Issues’ organised by Empower in Petaling Jaya, Selangor. Mapim general-secretary Mohd Azmi Abdul Hamid singled out two sessions at the roundtable in particular; one, ‘UN Committee on the Elimination of Discrimination Against Women (CEDAW) in Defending the Human Rights of Lesbians, Bisexual Women and Transgenders in Malaysia’ by Angela Kuga Thas, and to, ‘A CEDAW Approach to Family Law in Advancing Equality and Non Discrimination’ by Lalitha Menon. “Mapim rejects attempts by a group of secularists and liberals who are keen to be slaves of the Western agenda,” said Mohd Azmi.55
4.5.9 UMNO urged members from its Wanita, Youth and Puteri wings to uphold the Malay influence on Putrajaya. "Believe this - the party's struggle is a jihad for the religion, race and country. It is a jihad for justice and protecting our rights. We have to believe that the coming election is important to our survival. The election is a
52 Pakatan Rakyat : No consensus for Kelantan to implement hudud, 29th September 2011 http://www.malaysiakini.com/news/177165
53 Ridhuan Tee: Hudud has to be implemented 'by force', October 25th 2011 http://www.malaysiakini.com/news/179639
54 Ex-IGP Rahim Noor warns of 'human rights wave', October 26th , 2011 http://www.malaysiakini.com/news/179699
55 Muslim NGO bares fangs over gender rights forum, October 29th , 2011 http://www.malaysiakini.com/news/179954 26 27
fighting arena for all of you to become warriors. Do not retreat or surrender easily," the party’s deputy president, Muhyiddin Yassin, said.56
4.5.10 PAS Youth said MCA president Dr Chua SoiLek and non-Muslims in general have no right to speak about Islam because they have no knowledge about the religion. In condemning Chua’s comments at a forum on hudud law yesterday, PAS Youth publicity chief Riduan Mohd Nor said the matter should only be discussed by qualified individuals. “For PAS Youth, it is inappropriate for non-Muslims to discuss the hudud issue or Islamic laws because it would cause a bigger polemic.” he said. Chua had said that hudud law would infringe on non-Muslims. 57
4.5.11 The Selangor Islamic Affairs Department (Jais) once again accused Christian missionaries of proselytising Muslims in various ways, this time, with the use of solar-powered talking bibles. Jais also listed the other means of spreading the Christian Gospel to the Muslims, including giving assistance to single mothers, the poor and the elderly, and giving free tuition classes to Muslim children. Jais also said distributing material such as leaflets and pamphlets at universities, homes and public places, and setting up community centres to fool the authorities, were all efforts to proselytise Muslims.58
4.5.12 The Perkasa group lodged a police report against the NECF Chairman, Rev Eu Hong Seng, for allegedly questioning Article 153 which enshrines the privileges of Bumiputeras and the sultans. Perkasa President Ibrahim Ali argued that the national Christmas high tea event that Eu and the NECF Malaysia had organised was politically motivated, because of the presence of Koh Tsu Koon, who was the only Barisan Nasional leader, and also Pakatan Rakyat leaders such as Anwar Ibrahim. Perkasa said Rev Eu’s ‘seditious’ statements were meant to strategically incite hatred for the BN government in light of the coming 13th General Elections. Eu, who is chairperson of NECF, had said during the event, that Article 153championed the rights of the majority but marginalizes the minority.59
4.5.13 Perlis mufti Juanda Jaya joined several Muslim NGOs in criticising the Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taosim (MCCBCHST) for its call that the authorities stop the slaughtering of cows in schools
56 Muhyiddin: GE13 the mother of all polls for Malays, November 29th 2011 http://www.malaysiakini.com/news/182755
57 PAS: Non-Muslims have no right to discuss Islam, December 5th, 2011 http://www.malaysiakini.com/news/183276
58 'Solar-powered talking Bibles' used on Muslims (freedom to profess, propagate, restriction on other religions), November 17th 2011, http://www.malaysiakini.com/news/181639
59 Perkasa wants police to probe Sodomy II 'gathering', December 29th 2011 http://www.malaysiakini.com/news/185245 27 28
and public places. "I'm disappointed with MCCBCHST's official statement that directs Muslims not to make the public sacrifice. This is clearly directing the rituals of other religions. It is better not to interfere.” He was responding to the MCCBCHST statement on the eve of Aidiladha, expressing concern about public places where cows are slaughtered, especially on school days in full view of a multiracial and multicultural student population. The slaughter, the council said, ignored the sensitivity of school-going children and the larger mixed Malaysian society that consists of Hindus as well, for whom the cow is a sacred animal.60
4.5.14 A Perkasa protest against Seksualiti Merdeka today morphed into an anti-Ambiga Sreenevasan march, with protesters calling for her arrest under the Internal Security Act (ISA). The banners read, among others, “Just ISA Ambiga, the antichrist”, “All religions oppose homosexuality” and “Islamic Religious Departments must take stern action”.61
4.5.15 The Seremban High Court gave permission to four transgender individuals to challenge Section 66 of the Syariah Criminal (Negeri Sembilan) Enactment which bans them from dressing as females. The four claim to have received an official psychiatric diagnosis of gender identity disorder. They argue that Section 66 does not apply to their situation since they are psychologically female. Also, because of the enactment, they have been persistently arrested and detained since 2010 and thus argue that Section 66 is in violation of Article 5 of the Federal Constitution which upholds personal liberty. They also claimed that they experienced sexual molestation and other forms of degrading treatment during their arrest and detention.62
60 Mufti ticks off MCCBCHST for 'extreme' comment (freedom to practise), November 8th, 2011 http://www.malaysiakini.com/news/180749
61 Perkasa calls for Ambiga's arrest under ISA, November 4th, 2011 http://www.malaysiakini.com/news/180536
62 Four get leave to challenge law barring cross-dressing, November 4th, 2011 http://www.malaysiakini.com/news/180542 28 29
5. 2012 - ISSUES AFFECTING RELIGIOUS FREEDOM
5.1 Right to Profess 5.1.1 Malays to be Muslims Article 60 of the Federal Constitution describes a Malay as: “a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom”. This Article is the government’s basis for making it mandatory for all Malays to be Muslims.
At a November 3, 2012 forum on Islam and the state, YB Nurul Izzah Anwar, a Vice- President of PKR, expressed her view that there should be no compulsion in religion and this should apply even to Malays (although she went on to say that she was “tied to the prevailing views”). The pro-government mainstream press subsequently criticized her for allegedly condoning apostasy among Muslims. However, her view was supported by former Perlis Mufti, Datuk Mohd Asri Zainul Abidin. (The Malaysian Insider, 7.11.2012)
5.1.2 Conversion of minors without parental consent Article 12(4) of the Federal Constitution provides that the religion of a person under the age of 18 years shall be decided by his parent or guardian. Notwithstanding Article 12(4), there have been reported cases of juveniles being converted to Islam without their parents’ knowledge or consent.
5.1.2.1 A top Iban Catholic student of Kolej Datu Patinggi Abang Haji Abdillah - the prestigious residential Mara junior college in Kuching - was recently converted to Islam. This occurred just before his SPM exams without his parents' knowledge or permission. (Malaysia Chronicle, 25.12.2012)
5.1.2.2 Four under-aged Bumiputra Christian students (one Catholic and three Protestants) studying at a government residential school in Labuan were converted to Islam during a school activity. Local pastors took the matter up with the school but the school denied organising the activity. A comprehensive report has been compiled by church leaders for submission to the State government. (Malaysia Chronicle, 25.12.2012)
5.1.3 MyKad Islamisation of Bumiputra Christians The National Registration Department (NRD) in Sabah has been unilaterally and arbitrarily listing Christians as Muslims in their identity cards simply because they have ‘bin’ or ‘binti’ in their names. Despite complaints, the NRD initially said that
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would continue with such a practice and would not rectify their records unless the affected person obtained an order from a Syariah court to say that they are not Muslims.63 It was later reported that the NRD dropped that requirement.64
A test case has been mounted by a 53-year-old widow and her two adult daughters from the Dusun Banggi community, supported by the local church. Intim binti Lambatan was born in 1959 in Banggi, the northernmost island in Sabah. Her husband died 20 years ago. She was officially baptised in her church, the Sidang Injil Borneo (SIB), in Limbuak Darat, Kudat on mainland Sabah, seven years ago and issued a baptism certificate. Her elder daughter, Norina binti Nuhudan, 28, was baptised when she was 15 while her younger daughter, Listin Nuhudan, 22, was baptised when she was 14. Both are also SIB members. All three of them have their religion wrongly described as “Islam” in their MyKad.
This test case was initiated when Intim went to the Kudat office of the Jabatan Hal Ehwal Agama Islam Negeri Sabah (JHEAINS, or the Sabah Islamic Affairs Department), to clarify the status of her religion. On July 25, 2012 the department wrote to the Syariah court in Kudat, stating that Intim’s name was not on record in its Pendaftaran Pengislaman (Islamisation Register). With JHEAINS’s clarification, Intim made a statutory declaration at the Kudat magistrate’s court that she was not a Muslim and that her name was not on the Islamic department’s register. She said she was not originally a Muslim but when she applied for her identity card, the word “Islam” was wrongly recorded on it. Despite the statutory declaration, the NRD would not rectify its error. Instead, the NRD required Intim and her daughters to seek a declaration from Kudat Syariah High Court that they are not Muslims. This requirement is a further assault against Intim and her daughters’ rights, because as non-Muslims, they should not be required to submit to the jurisdiction of the Syariah Court.
The problem has become a crisis in Sabah as churches cannot marry their members whose MyKads describe them as “Muslims”. (The Malaysian Insider, 5.11.2012)
The Federal Cabinet in Dec. 2012 directed the NRD to rectify the errors in the identity cards at departmental level without the need for a Syariah Court order. (The Malaysian Insider, 16.12.2012)
63 MCCBCHST press statement, November 18th, 2012. http://www.necf.org.my/newsmaster.cfm?&menuid=43&action=view&retrieveid=1452
64 Bin and Binti does not mean Muslim, Daily Express, December 15th, 2012. http://www.dailyexpress.com.my/read.cfm?NewsID=1082 30 31
5.1.4 Body tussle cases The freedom for a person to profess a faith of his/her choice must necessarily include the freedom for his/her next-of-kin to accord the person the last rites according to the deceased’s faith as perceived by the next-of-kin. However, tussles between the kin of deceased persons and state Islamic departments have been a long-standing problem and are a continuing concern.
M. Nagamah passed away on Aug 14, 2012. Her family gave her a Hindu funeral as she had lived life as a Hindu and died a Hindu. She was cremated according to Hindu rites. However, Penang Islamic department (JAIPP) officers came to her house following her death and without any documentary support, allegedly demanded that her family hand over her body for Muslim burial. JAIPP claimed they had found records of the deceased’s conversion to Islam in Nov 2006. JAIPP officers eventually removed her ashes from her family by force, depriving the family of the opportunity to carry out the final Hindu funeral rite known as “Karumakirei” whereby her ashes were to be strewn into a river. (Mkini, Aug. 24, 2012)
5.1.5 Against non-orthodox Muslims JAKIM, the Department of Islamic Development Malaysia in the Prime Minister’s Office, is the authority that determines what constitutes “deviant” behavior or belief in Islam. Only the Sunni sect is permitted. Sects such as the Shia, Ahmadiyyah, and Al-Arqam are considered deviant and are not allowed to be practised. Muslims who deviate from accepted Sunni principles may be subjected to mandatory “rehabilitation” in centers that teach and enforce government-approved Islamic practices.
The Terengganu government has gazetted four sects as deviationist cults, including the Ayah Pin sect, the Darul Arqam sect founded by Ashaari Muhamad, Azhar Abdul Wahab sect and Rufaqa’ Corporation and its affiliates, which were spreading the banned Aurad Muhammadiah doctrine. (Borneo Post Online, April 25, 2012)
5.2 Right to Practice 5.2.1 The “Allah issue” The background: The Home Ministry banned the use of the word “Allah” in Malay- language Bibles and other Christian publications in 2008. The Roman Catholic Church filed a lawsuit against the ban with regards to the use of “Allah” in its BM-edition of The Herald. While the case was pending, the Home Ministry renewed the Catholic Church’s permit to publish The Herald (which also has editions in Tamil and English). It was a conditional renewal, with the following imposed on the church: to cease
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publishing its Malay-language section; to restrict sales to Catholic Church property, and to print a disclaimer on the front page saying the paper was meant only for Christians. The Herald continued to publish its Malay-language version using the word “Allah,” arguing the Catholic Church had used the word in the country for more than 400 years. In December 2009, the High Court of Kuala Lumpur ruled in the church’s favor, holding that the government’s prohibition on The Herald’s use of the word “Allah” was unconstitutional. The government appealed and in January 2010 the court issued a stay pending a review of the Court of Appeal’s decision. The case remained pending at the end of 2012. (In 2013, the COA affirmed the government’s ban on The Herald’s use of “Allah” and also ruled that using “Allah” was not integral to the Christian faith).
In his Christmas message, Lim Guan Eng, the DAP Secretary-General who is also the Chief Minister of Penang, made a call for Christians to be allowed to use the word “Allah”. In response, a member of the National Fatwa Council sharply warned non- Muslims against challenging the council’s decision that “Allah” can only be used by the Muslims in the country. According to Malay daily Sinar Harian, Penang mufti Hassan Ahmad claimed that the matter has been clearly explained by the council and it should not be politicised any further. “The decision to ban the usage of the word ‘Allah’ in the Bible must be respected by all races,” he was quoted as saying.
5.2.2 Compulsory Acquisition of Non-Muslim places of worship The right to practice one’s faith presupposes that each faith would be afforded appropriate places of worship undisturbed. Such a right came under attack in Pahang when the State Education Department took a step to acquire half of the land where the St Thomas Church, a Roman Catholic church, stood.
The Roman Catholic Church was forced to go to court for a review on the proposed acquisition. Rev. Father Mitchel Anthony explained that the Roman Catholic Church needed the land for its own use and expansion as “we have a growing Catholic community and we are conducting our Sunday School classes in the classrooms.” (TMI, Nov. 15, 2012)
5.2.3 Outrage over Christian worship song A Christian worship song “Harapan Bangsa”, sung by a local singer, Jaclyn Victor and uploaded on Youtube contains the following lyrics: “Bapa, engkau lah harapan negara ini” (Father you are the hope of the nation) “Kau lah satu-satunya harapan di bumi Malaysia” (You are the only hope on Malaysian soil)
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The singer explained that the song had been composed by a pastor with a message for Malaysia’s peace and that she had recorded it around 2007 specially for Christians and churches in Sabah and Sarawak. Notwithstanding her explanation, a Muslim NGO, Perkasa, raised a hue and cry over it. Perkasa claimed that the verses were clear insults to Islam as the country’s official religion and called on Muslims to boycott the award-winning singer, claiming that the lyrics showed “insensitivity and disrespect” to those who are not Christians.
The Department of Islamic Development Malaysia (JAKIM) and the Ministry of Information, Communications and Culture apparently supported Perkasa by saying that they would investigate the song. Deputy Education Minister Dr Puad Zarkashi said the Information Ministry and the Home Ministry should refer the song to JAKIM to determine if it “really touches on the issue of faith (akidah)”. (TMI, 28 Oct. 2012)
5.2.4 Restrictions on visits to Jerusalem Government regulations are now making it more cumbersome for Christians to travel to Israel. A freeze imposed in 2009 on travel to Israel was lifted in 2011, but even so, various restrictions have been put in place - travellers now have to apply through their respective churches, with each church allowed a quota of 20 pilgrims. Further, churches organising the visits must show proof that the travellers are Christians by providing their birth certificates and church memberships cards to the Home Ministry. Previously, a cover letter to the Immigration Department stating that the travellers were Christians was sufficient proof. Another requirement is that Christians must inform the government about what they intend to do during the visit, including where they intend to pray and stay. Council of Churches of Malaysia (CCM) General-Secretary, Rev. Hermen Shastri was said that CCM would not accept these impediments put before the churches, including the quota of pilgrims per trip. Shastri was also reported to have said that the Malaysian government was “always shifting the goal posts”.
In response, the government denied that the regulations were problematic. “We are not making it difficult for them to go to Jerusalem to do their pilgrimage. I don’t see (the conditions) as difficult,” Home Ministry officer Wan Muhammad Rumaizi Wan Hussin was quoted saying.
5.2.5 Orang Asli children slapped in Kelantan A group of Orang Asli parents lodged police reports against a teacher at SK Bihai in Pos Bihai, near Gua Musang in Kelantan, for slapping their children because they did not recite the doa (Islamic prayer) after having their lunch. According to one of the parents, Atar Pedik, said his two 12-year-old girls were slapped about 1.30pm on Tuesday, after the children were made to recite the doa even though they are not
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Muslims. Atar, along with two other fathers - Hassan Achoi and Along Pandak - whose 12-year-old daughters were also slapped in the incident, made the three-hour journey from Pos Bihai to lodge their reports at the Gua Musang police station.
According to SK Bihai Parent-Teacher Association deputy chairperson Arom Asir, the children's faces were bruised after they were slapped by the male teacher. Arom said that the primary school had at least 100 children, all of whom are Orang Asli, and the children were eating lunch together after sports. "They were made to recite prayers the Muslim way before and after meals but they didn't know how, so they kept quiet." Then the teacher picked out the older children and slapped them for being quiet," he said. Arom added that the parents did not know their children were being taught Islamic studies at the school or being made to recite Islamic prayers until earlier this week. "We then made a complaint on this to a Human Rights Commission (Suhakam) representative who came to visit us on Oct 23. He said the parents would also lodge a complaint on the matter with Jakoa. The community planned to hold a dialogue on the incident among the parents, the Education Department and Jakoa. Arom pointed out that parents should have been consulted if the children are to be taught with Islamic practices.
5.3 Right to Propogate 5.3.1 Proselytisation State law (except in Penang and the Federal Territories of Kuala Lumpur and Labuan) forbids proselytizing of Muslims by non-Muslims, but allows and supports Muslims in proselytizing others. Muslims who wish to convert from Islam face tremendous obstacles because neither the right to leave Islam nor the legal process of conversion is clearly defined in law.
Christians have been the target of controversies in recent years, with some Muslim NGOs and activists promoting a conspiracy theory that Christians groups were working to usurp Islam as the official religion and others alleging a concerted effort by the Christians to convert Muslims.
5.3.1.1 A Muslim man, who claimed to have converted to Christianity and then reverted to Islam, said Christian group leaders had masqueraded as ustaz to approach Muslims in order to convert them. Ramli Abdullah (not his real name) said this in a highly- anticipated video released by Gombak Setia assemblyperson Datuk Hasan Ali, who claimed this to be evidence of organised proselytising of Muslims. In the 42-minute recording, Ramli said that these people, some of whom were ‘orang putih’ (Caucasians), wear ketayap (skullcaps) and jubah (robes) and go to mosques in an attempt to get close to Muslims. (The Malaysian Insider, 2 April 2012)
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5.3.1.2 Hasan Ali, who was subsequently sacked from his post as Selangor executive councillor, also screened videos of three Malays who were allegedly converted by Christians, just two days after a seminar for teachers on the “threat of Christianisation” was held in Johor. A 47-year-old man and his wife spoke in a 42- minute video about how they were allegedly converted by a Christian couple from Australia. (The Malaysian Insider, 2 April 2012)
5.3.1.3 The above mentioned education seminar, organised by the government, was for religious teachers from 55 national schools in Johor. Held in April 2012, it was themed “Pemantapan Aqidah, Bahaya Liberalisme dan Pluralism Serta Ancaman Kristianisasi Terhadap Umat Islam. Apa Peranan Guru?” (Strengthening the faith: the dangers of liberalism and pluralism and the threat of Christianity towards Muslims. What is the role of teachers?).
The theme caused great concern amongst Christian leaders. Catholic Bishop Dr Paul Tan Chee Ing said the theme of the seminar would mislead Muslims into viewing Christians with paranoia and resentment. CCM Secretary-General Rev Hermen Shastri told a news website, "How can the government agree to something which will affect different sensitivities? It's highly inflammatory, uncalled for. Someone must be held responsible."
The CCM urged Christian ministers to use their office to ensure the Cabinet took a stand on the seminar. The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) urged Najib to be "the leader of a responsible government that practices what it preaches." (The Malaysian Insider, 1 April 2012)
Subsequently, the seminar organisers agreed to change the title to “Liberalisme, Pluralisme dan Gejala Murtad: Apa Peranan Guru Di Dalam Mepertahankan Akidah (Liberalism, pluralism and apostasy: What is the role of teachers in defending the faith)” after intervention by the Cabinet’s interfaith panel, the Special Committee to Promote Inter-Religious Understanding and Harmony. With the change in title, the Committee declared that it considered the matter “resolved”. (The Malaysian Insider, 2 April 2012)
However, the Christian Federation of Malaysia (CFM) described the Johor Education Department's move in dropping the phrase 'Christianisation threat' from the seminar’s title an insufficient measure to make amends. "We take umbrage at the clumsy attempt in wording the theme of the seminar as such. Even though there has now been an attempt to re-name the title of the seminar, the intent of the seminar has been clearly exposed for all to see," said CFM chairperson Bishop Ng Moon Hing.
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5.4 Islamism 5.4.1 Extension of Islamic values and moral code over the public and personal spheres 5.4.1.1 Kota Baru has laws prohibiting unisex hairdressing services. A female hairdresser, Ong Lee Ting who was attached to E-Life Hair Salon located in the KB Mall shopping complex in Kota Baru was summoned by the municipal council for cutting a male customer's hair. Ong was reportedly working on the customer’s hair when a plainclothes municipal council officer suddenly appeared and issued her a summons for cutting the hair of a person of the opposite sex. (The Star, 23 Nov 2012)
In response to the discontent of the non-Muslim community, the Kelantan government promised to hold discussions with non-Muslim community representatives and business operators over the controversial law. PAS president Abdul Hadi Awang said that Islamic morality by-laws implemented by the Kota Baru Municipal Council were not meant to be expanded and implemented on non- Muslims. This is clear in the Kelantan Syariah Criminal Offences Enactment (II) 1993, which is not applicable to non-Muslims, he said in a statement. The party, he added, views seriously the concerns voiced by non-Muslims.
5.4.1.2 In response to several successful public rallies organised by the civil rights group, BERSIH, the National Fatwa Council issued an edict barring Muslims from participating in “unproductive and unlawful assemblies”. The edict was strongly criticised by de facto PKR leader, Dato’ Seri Anwar Ibrahim who described the National Fatwa Council’s move as “disgusting” as it was using religion to “defend cruelty”. Anwar also pointed out that the edict contradicted another one made four months earlier by Islamic scholar Dr Yusuf Al Qardawi, who hailed Egyptian protesters as freedom fighters intending to bring change and freedom to the North African nation. (The Malaysian Insider, 14 May 2012)
5.4.2 Islamism and conflict of the legal order Article 121(1A) of the Federal Constitution provides that the two High Courts in Malaysia referred in Article 121(1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts. This provision was intended to delineate the respective judicial jurisdiction of Malaysia’s dual system of civil and Syariah courts and to prevent the civil High Courts from exercising their powers of judicial review over the decision of a Syariah court. However, far from clarifying the judicial ambit, the contesting interpretations of the clause have led to much controversy and social tension. There is much concern that the secular civil and criminal court system had ceded jurisdictional control to Sharia courts.
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5.4.2.1 Civil court ruling on Muslim transsexuals A group of Muslim transsexuals in Negeri Sembilan were arrested under Section 66 of Negeri Sembilan’s Sharia Criminal Act which states: “Any male person who, in any public place wears a woman’s attire or poses as a woman shall be guilty of an offence”. The alleged offenders sought to challenge the said legal provision in the Negeri Sembilan High Court as infringing on their civil liberties as protected under the Federal Constitution. Their challenge was dismissed by the High Court with the judge ruling that Part II of the Federal Constitution which guarantees Malaysian fundamental liberties such as the freedom of religion did not exempt Muslims from Syariah legal provisions. (Free Malaysia Today, 11 Oct 2012)
An untenable implication of the High Court decision is that Islamic enactments are placed on a higher level than the Federal Constitution, supplanting the Federal Constitution as the supreme law of the nation.
The decision was strongly criticised by the legal community with one academic, Assoc Prof Azmi Sharom stating “It is giving a carte blanche to state legislative assemblies, Islamic departments and muftis to make any laws that goes against the Constitution simply by saying that it is Islamic and circumnavigating the Constitution.” (The Malaysian Insider, 12 Oct 2012)
5.4.2.2 Kedah Mufti and the Fatwa Bill 2012 In April 2012, the Kedah state legislative assembly passed an amendment to the Mufti and Fatwa Bill 2012, which bars people from questioning fatwa (edicts) in any civil or syariah court. The new proposed Section 22A provided that any fatwa which has been decided by the fatwa committee, whether it is gazetted or not, cannot be challenged or reviewed by the civil and syariah courts. (Malaysiakini, 20 April 2012)
The proposed new Section 22A was criticised by, amongst others, the Islamic Renaissance Front which described it as “nothing less than an exploitation of the democratic process towards authoritarian rule.” The Islamic Renaissance Front also pointed out that the proposed new provision assumed that those in the fatwa committee were infallible. The Front also said that the ruling went against what a fatwa is supposed to be. A fatwa was not supposed to be bound to any institution. It is no more than a juristic opinion from a mufti. It has no divinity attached to it.
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5.4.2.3 The Borders Case Nik Raina Nik Abdul Aziz, a store manager for Borders bookstore was charged by JAWI (Jabatan Agama Wilayah Persekutuan) with distributing a “banned” book, being a Malay translation of Allah, Liberty and Love by Canadian Muslim writer, Irshad Manji. On 23 May 2012, JAWI raided the Borders outlet at Mid Valley City and seized copies of the book. At the time of the raid and seizure, there was no ban on the book issued by the Ministry of Home Affairs, nor had any fatwa been issued against the book. The Ministry of Home Affairs only gazetted the banning of the book six days later on 29 May 2012 and the ban took effect on 14 June 2012, three weeks after the raid. Nik Raina, though not responsible for making decisions regarding book selection, was nevertheless charged by Jawi for distributing a banned book because she is Muslim. JAWI cannot prosecute non-Muslims nor companies. The bookstore applied to the High Court for a judicial review of JAWI’s actions, naming the Minister of Home Affairs and the Minister in the Prime Minister’s Department in charge of Islamic Affairs as respondents.
Counsel for Berjaya Books Sdn Bhd (the owner of Borders) and the store manager Nik Raina, accused JAWI of rushing its case to try to circumvent the bookstore's judicial review application. They pointed out that the prosecution had applied to bring forward the next mention date which was Sept 19 whilst at the same time the Syariah case was brought forward to Aug 7. The counsel held that JAWI's haste to speed up the proceeding was to see Nik Raina convicted, and for this reason, they applied for a stay on JAWI from proceeding on the matter in the Syariah Court. The counsel also explained that the judicial review was not about interfering in a religious matter, but the issue was the misapplication of the law, where the laws were being abused to charge her and to hasten her prosecution. The application for stay of proceedings against JAWI was opposed by the prosecution.
On 31 July, the Kuala Lumpur Appellate and Special Powers Court declined to rule on the application by Borders to stay Syariah Court proceedings against Nik Raina, pending the disposal of a judicial review. Judge Rohana Yusof advised Borders to file an application for a stay in the Syariah Court itself, saying that she did not think it apt that the civil courts rule on an ongoing Syariah case.
The counsel for Nik Raina said that he would file an application for stay of the proceedings in the Syariah Court but would also appeal against the High Court decision, arguing that a stay can be granted by the civil court. (Malaysiakini, 29 Aug 2012)
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5.5 Allegations against the Christian community Some Islamism efforts to impose Islamic teachings as a guide and influence over all aspects of life took the form of what seemed to be a smear campaign against the Christian community to stir religious tensions. Various Muslim NGOs and Muslim politicians made strident statements, allegations and demands in the name of “protecting” Islam. The ferocity with which this agenda was played out during the year under review, 2012, must be understood, to a significant extent, in the context of the impending 13th General Election. Throughout 2012, the nation waited, month by month, for the elections. The polling date (5 May 2013) was only announced in April 2013.
5.5.1 Setting the context: Run-up to the 13th General Election 5.5.1.1 Prime Minister Datuk Seri Najib Tun Razak had assumed office as the sixth Prime Minister of Malaysia in April 2009, taking over from his predecessor, Dato’ Seri Abdullah Ahmad Badawi, who had been forced from office to accept responsibility for the Barisan Nasional’s (BN) loss of a two-third’s parliamentary majority in the 12th General Election. It was widely expected that since Najib had not obtained his own mandate for the office of Prime Minister, he would call for a snap general election as early as 2011.
As 2011 passed without any call for a general election, and with the clock ticking towards the expiry of Parliament in May 2013, the atmosphere of expectancy was heightened for a general election which might be called at any time. Political parties on both sides of the divide were in campaigning mode throughout 2012. The BN, and in particular, UMNO, fought the opposition Pakatan Rakyat for Malay-Muslim support by creating and perpetuating the fear that the Islamic faith was under attack and that UMNO was the sole protector and champion of the faith. This context forms a significant backdrop for the stirring of religious tensions as reported below.
5.5.2 Allegations of conspiracy to create a Christian state 5.5.2.1 Independent Member of Parliament, Zulkifli Noordin made a claim in Parliament that he had photographic evidence of an alleged plot by opposition leaders and foreign clergymen to turn Malaysia into a Christian state. The allegation was a revival of the allegations made against DAP the previous year. (The Malaysian Insider, 11 Oct 2012)
5.5.2.2 Former PAS deputy president Nasharuddin Mat Isa claimed that DAP leaders had prayed to turn Malaysia into a Christian state during a thanksgiving ceremony held after the Sarawak state elections in 2011. (Free Malaysia Today, 10 Oct 2012)
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Christian leaders have decried such allegations as “baseless, unsubstantiated”, “an election ploy”, “an old tale used to create disharmony among different races and religions in Malaysia” and warned that such allegations would create and promote fear. (The Malaysian Insider, 12 Oct 2012). Nonetheless, a Muslim pressure group, Pembela, urged the authorities to investigate the allegations. A Pembela leader also said that it was necessary for all religious leaders in the country to receive “intensive explanation” on the “implications of the privileges of Islam in the Federal Constitution as well as the position of other religions”. (The Malaysian Insider, 16 Oct 2012)
5.5.3 Allegations of non-Muslims “belittling” Islam Without giving any specifics, the Regent of Perak, Raja Dr Nazrin Shah said in a speech that boundaries on Islamic matters had been breached recently, and matters of Islam were being questioned and debated openly among non-Muslims. He said some of the topics discussed had belittled Islamic faith and beliefs.
The Regent’s statement attracted the support of 164 Malay NGOs under the Malay Consultative Council (MPM) which claimed that non-Muslims had indeed been guilty of making statements which ridiculed and belittled Islam, whilst Muslims had never questioned or condemned other religions in this country. A leader of MPM also claimed that there were political parties whose non-Muslim members allowed their parties to be used by other non-Muslims to ridicule the Quran and hadis (sayings and practices ascribed to Prophet Muhammad). (Bernama, 4 April 2012)
This was not to be the last time the Regent would accuse non-Muslims of belittling Islam. He repeated the same theme when delivering a speech in November 2012 on “The Institution of Constitutional Monarchy: The Survival of the Nation”. In this speech, he described talking about the sensitivities of Islam as acts which were disrespectful of the Malay Rulers. (Bernama, 8 Nov 2012)
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6. CONCLUSION AND PROPOSAL
Since taking over, the Najib administration has attempted to portray itself as being moderate within the social-political landscape for religious liberty. In his speech at the first conference on the Global Movement of Moderates in January 2012, the Prime Minister said that moderation is the “fitrah”, or essence, of humanity’s greatest heights; the solid bedrock on which all of the world’s civilisations have been built. Moderation stands not just in the defence of willpower, discipline and restraint but of acceptance, freedom, tolerance, compassion, justice and peace. Hence, moderation is an age-old value and one that runs right to the heart of the great religions.
With respect to the relationship between Muslims and non-Muslims, the Prime Minister said that the divide is not between the two people groups but between moderates and extremists.
But as this report for 2011-2012 demonstrates, the Najib administration has been less effective in ensuring moderation in Malaysian society. Extremist tendencies are more often than not, interplayed in the quest for greater religious liberty and the free space for religious expressions and practices. So why, instead, have there been less than effective measures and the resolute political will needed to protect and enlarge the space for religious liberty?
The contents of this report suggest several reasons.
Firstly, there seems to be the absence of political will to enlarge the social space for religious liberty against the forces of race and religion which are deeply ingrained in the national consciousness and narrative. This factor has also been used by opportunist to further their own self-serving agendas by using race and religion to divide. If religious communities are to see greater harmony, there must be political will on the part of government and opposition-led states to not only talk but implement the necessary actions and initiatives towards promoting greater religious freedom. These include all such projects and initiatives to promote the welfare of not just Islam but the interests of other religions as well.
Secondly, there is the question of how Islam as the religion of the Federation is to relate to all other religions. This question has always been settled in favour of Islam as the official religion. The interests and perspectives of other religions are more often than not, taken as contrary to Islam and as such cannot and should not be
41 42 practised. With respect to religious freedom, it is asserted that such a development is contrary to Article 3 of the Federal Constitution which states that Islam is the religion of the Federation and all other religions may be practiced in peace and harmony. Such a view, however, is untenable as historically, Malaysia has always had a secular polity. Efforts must be made to hold firmly to the clear and natural meaning of Article 3 before its re-interpretation to suit the skewed understanding of certain extreme segments of society becomes accepted wholesale.
Thirdly, this report also demonstrates that state apparatus are being used as instruments to further an Islamic agenda. The judiciary as the protectors of the Constitution which is secular in intent have tended to give a more Islamic interpretation to matters such as fundamental liberties. Islamic NGOs and religious authorities are now taking a more extreme and hardline approach in dealing with non-Muslims and their affairs, notwithstanding the disrespect and offence caused to non-Muslims. In the midst of these, the silence from the Najib administration is disconcerting and damaging. Silence can only embolden the resolve of extremists and radical groups. In the long run, it amounts to the Najib administration stifling rather than promoting greater space for religious freedom.
Given these circumstances, what should the response of the Christian community in Malaysia be? There are three critical areas the church needs to look into.
Firstly, the church needs to embrace the agenda of maintaining religious freedom as part of her work and mission. It is only as the church embraces this agenda, that she is at the forefront as a beacon of light for the nation in terms of fundamental liberties enshrined in the Constitution that affects all people and communities. The church ought to undertake awareness programmes, bring about a united expression and mobilise personnel to monitor issues and matters relating to religious freedom.
Secondly, the church needs to strengthen her discipleship programmes. This is particularly true and needed with respect to the indigenous people and the East Malaysian region where many churches are located deep in the interiors. Such a task is by no means easy or straightforward and it calls for effective and strategic partnerships. These partnerships should involve joint and collaborative projects to strengthen rural and village communities so that Christians will not become easy prey to conversion initiatives undertaken by the dakwah movement. Strengthening discipleship should not only include the essence of the Christian faith but integrating within the discipleship programme, aspects such as education on civil and political rights.
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Thirdly, there is a need to have constant and effective ccommunication as well as prayer initiatives. In this present age of speedy and reliable communication technology, up to date information is critical. It is only with communication that Christians may be updated, aware of and well informed on religious liberty issues. Effective communication will also ensure constant and informed prayer as well as mobilising important prayer initiatives so that the Lord’s intervention may be sought. While communication ought to be speedy and far-reaching, the equal challenge is to ensure that our communications are specific and accurate, yet secure, immediate and consistent. Again, this is where churches may come together for joint partnerships and collaboration.
May God grant us the wisdom and courage to do what is needed.
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