KUALA LUMPUR, March 12 — A group of concerned citizens today called for laws which criminalise religious insults to be phased out, after a man was sentenced to jail for 10 years for insulting Islam.
The group, which comprised Mohamad Tajuddin Mohamad Rasdi, former Umno MP Tawfik Ismail, lawyer Siti Kasim, analyst Lim Teck Ghee and academic Terence Gomez, said it was high time such laws were revisited after 60 years of independence as there was no need for such restrictive laws now.
“The background relating to the issue against insulting religion lies in our colonial past that saw limited education and the mixing of cultures between the different communities which is why such laws were needed to preserve public order,” they said in a statement here.
The group — in condemning the trend of irresponsible individuals and political parties capitalising on the issue of “insult to religion” to gain popularity among voters — claimed that the government of the day seemed unwilling to respond to such acts of opportunism.
“Such callous actions by these individuals and groups, bordering on rabble rousing, will put the country in a heightened state of uneasiness and fear,” they said.
Citing the recent 10-year prison sentence meted out against an individual accused of insulting Islam on social media, the group said similar cases should also not be the sole judgement of a judge.
“For the period before the laws are to be phased out, punishment should not go beyond a commensurate fine within the financial status of the person being charged.
“Once the laws have been phased out, acts pertaining to so-called ‘insult to religion’ should be referred to the National Unity Consultative Council for action,” they said.
The group added that religious leaders in their sermons must regularly advise members of the faith against insulting others and to refrain from retaliation.
They said it was unacceptable to insult Islam as it was enshrined in the Constitution as the religion of the federation, but at the same time, other faiths must also be treated with similar respect.
Touching on the interpretation and application of existing laws prohibiting religious insults, the group said open mindedness and moderation should be the norm.
“We must strive for a rational and liberal balance with the protection of the freedom of expression while being mindful of the religious sensitivities of our multi-religious communities,” the group said.
The group also listed several examples which should not be automatically punished on grounds that it was disrespectful.
They said caricatures poking fun at religious practices not amounting to hate crime, professional opinions concerning religion, discourse on spirituality, and opinions on social issues were perfectly defensible.
“On the contrary, they provide a contemporary understanding of what are traditionally accepted norms and practices sanctioned by the religious authority.
The sharing of knowledge on such issues with social and religious institutions and authorities should be encouraged rather than be penalised by the law.
“Protection of the above and other similar expression of thoughts, ideas and constructs are absolutely necessary for Malaysia to grow,” the group said.
