Malaysia’s Islamisation: Good or Bad? — Ganeshwaran Kana

JAN 29 — For me, the recent co-announcement by Malaysia’s Islamic Development Department (JAKIM) and the Home Ministry pertaining to the establishment of “Syariah police” is seen as detrimental and unconstitutional. As relayed by the Ministry, these would-be formed Syariah cops will “help to facilitate the incumbent police system vis-à-vis Syariah law’s implementation in Malaysia”.

This matter particularly needs attention from each and every Malaysian, and not only Muslims per se. The Malaysian Government is intentionally trying to bring another enforcement agency into the national picture to further fortify security and objectives of Syariah laws. Constitutionally, Islamic affairs, as dictated by the Ninth Schedule of Federal Constitution, fall under the jurisdiction of the states. Establishing Syariah cops, will only infringe on this provision of the Constitution as these Syariah police will be placed under JAKIM (which is a federal department) and will have its status on par with the existing police system. Plus, JAKIM, not being an enforcement authority, cannot train and hold power over an enforcement agency.

Enforcement of Islamic affairs is best, and ought to be, left at the hands of the State Governments. Enough already the “intrusion” of the Federal Government in the matters of Islam through the establishment of JAKIM and National Fatwa Council (which are not under the control of the State Governments). And now, Syariah police?

Concerns about the Constitution aside, will the formation of Syariah police be significant to the process of Malaysia’s Islamisation? It will be… extremely, like it or not. These Syariah cops will be powered to enforce their authority on anyone who offends the state from the Syariah perspective. And let’s just say, the Allah term imbroglio is re-ignited or it could just be any other case, concerning Islam and other religions, these Syariah police will be tasked to intervene and this could apparently trouble the non-Muslims in practising their freedom of religion. Even without these “religious police”, we already had an issue in Selangor where the Bible Society of Malaysia was raided with the help of ordinary police. Do we want to see a repetition, perhaps a more severe one?

Malaysia’s Islamisation

Contrary to popular belief, Malaysia is NOT an Islamic state. Proponents of the “Islamic Malaysia” often cite Article 3 of the Constitution which proclaims Islam as the official religion of the administration. However, these people fail to understand that there are three solid points to deny the “hopeful hope”:

1.         A “White Paper” titled Constitutional Proposal for The Federation of Malaya which acts as precedent to the Constitution after negotiations with various stakeholder, clearly dictates Malaysia to be a SECULAR STATE.

2.         Islam’s role in Malaysia is only to be ceremonial i.e. in the solemnisation of the King.

3.         The first three Prime Ministers of Malaysia have referred to Malaysia as secular state in their public statements until the fourth PM “declares” Malaysia as an Islamic state “illegally” in September 2001.

The process of Islamising Malaysia has taken us to the job of creating two systems in many areas; one for the Muslims and another for the non-Muslims. For this article, let me just touch on the Syariah Law system. Since the genesis of a parallel Syariah Legal System in 1988, this has inevitably created disparity amongst the Muslims and non-Muslims.

Non-Muslims cannot be represented in Syariah courts as it is exclusive to our Muslim brothers and sisters only. Therefore, this has created confusion and many on-going complexities in our judiciary system, and leaving the non-Muslims in most situations, troubled.

 For example, the case of Shyamala Sathiaseelan. Following her husband’s conversion to Islam, he sought the religion conversion and custodial rights of the children. Poor Shyamala who could not be represented in the Syariah Court, has been denied for a fair legal service. In the end, the court gave her husband the rights to take the children into his care. This is certainly lop-sided, in which judgement is meted out only by hearing from one side.

Second, the case of M.Moorthy, one of the first two Malaysians who scaled Mt. Everest. After his death, Syariah officers came to “seize” his body, claiming that the late Moorthy had converted to Islam previously. No thanks to the Syariah legal system, once again, Moorthy’s family was denied a fair trial and like anyone can guess, he was given an Islamic burial.

Thirdly, the case of M. Indira which is an ongoing case. After her husband’s conversion, he managed to get custodial rights and religion conversion for his children through the Syariah Court. However, as Indira filed a suit in the civil court, she was given the custodial rights by the High Court judge. This led to contradicting judgements from the two legal systems. From one point, the husband is the victor and from the other, M.Indira is the victor. The fact that Article 121 says that Civil Courts cannot interfere into the jurisdictions of the Syariah Courts, further aggravates the fiasco.

Hudud law?

Then, there are proponents of a Syariah-based punishment system in Malaysia. Ruling coalition and oppositions alike, have both supported and denied the establishment of hudud law in Malaysia. The supporters claim that Hudud will be exclusive to the Muslims only, and the non-Muslims will not be subjected to this Islamic law. My question is, while the Syariah legal system is meant to be exclusive to Muslims only, didn’t it cause trouble in the lives of the non-Muslims?

Conclusion

Malaysia is best left as a secular state. Yes, Muslims are the majority (60 per cent), but it doesn’t mean that the nation has to be conferred an Islamic status. Let us all, Muslims and non-Muslims alike, strive to create a fair and equal Malaysia for everyone.

Say NO to Syariah police and any other system that seeks to differentiate the brothers and sisters of Malaysia.

*Ganeshwaran Kana is a second-year economics undergraduate at University of Malaya and owns a blog at universaltheboss.blogspot.com

** This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malay Mail Online.