Will non-Muslim and like-minded MPs support amendments to the Federal Constitution to appease those who disrespect apex court decisions?

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Will non-Muslim and like-minded MPs support amendments to the Federal Constitution to appease those who disrespect apex court decisions?

 KUALA LUMPUR, March 15, 2024: Ba Kelalan assemblyman Baru Bian says there is no basis to amend Schedule 9 of the Federal Constitution to appease the Islamists in the country.

And he is absolutely right because it is akin to promoting disrespect to the Constitution and the civil laws of the country.

Just because racial and religious bigots do not agree with decisions of the apex court in the country does not justify such a serious amendment.

Baru was responding to Minister in the Prime Minister's Department (Religious Affairs) Dr Mohd Na'im Mokhtar that the Madani Unity Government (UG) was prepared to immediately implement any necessary amendments to the Constitution provisions to avoid ongoing conflicts between the jurisdictions of the civil and syariah courts.

And, Umno politicians and Na'im have also objected to suggestions to enlist experts from non-Muslim communities to assist the Special Committee in examining the competence of the State Legislative Assembly in enacting Islamic laws, a committee established earlier this month.

Why are they so afraid to include non-Muslims in the committee? What is there to hide? After all, the crux of the issue is not just about enacting Islamic laws but the Constitution which affects non-Muslims and civil laws.

It sure looks like Na'im and his Umno supporters in UG are bent on amending the Constitution to appease Muslims who do not respect apex court decisions.

Malaysians wait in bated breath the day when Na'im and his Umno supporters table their proposed amendments in Parliament and whether non-Muslim and like-minded MPs will defend the Constitution by rejecting the proposed amendments.

The UG is dangerously threading in deep “political” waters by trying to amend the Constitution unilaterally.

No News Is Bad News reproduces below news reports on the issues:

No reason to amend Schedule of the Federal Constitution, says Sarawak lawmaker

By Bruno J - March 13, 2024 @ 7:04pm

Ba Kelalan assemblyman Baru Bian said that there is no basis to amend Schedule 9 of the Federal Constitution to appease the Islamists in the country. — NSTP FILE PIC

KUCHING: There is no basis to amend Schedule 9 of the Federal Constitution to appease the Islamists in the country, a Sarawak lawmaker said today (March 13).

Ba Kelalan assemblyman Baru Bian, responding to the Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar's recent statement that the government is prepared to immediately implement any necessary amendments to the Constitution to avoid ongoing conflicts between the jurisdictions of the civil and syariah courts, said any attempt to amend Schedule 9 would offend the Doctrine of Basic Structure and destroy the spirit of the Malaysia Agreement 1963 (MA63).

The former works minister in the first Pakatan Harapan (PH) government explained the Doctrine of Basic Structure does not allow Parliament to alter the basic structure of the constitution like secularism, democracy, federalism, and the separation of powers.

That doctrine, he added, has been upheld by the courts.

Baru, a senior lawyer in Sarawak, said any attempt to amend Schedule 9 is a serious matter where full disclosure and prior consultation must be made with Sarawak and Sabah if any such proposal is being considered.

"The increasing Islamist movement in certain states of Malaya shows that the fears of our forefathers are becoming real, and enabling attempts to elevate Syariah laws will shake the foundation upon which the federation of Malaysia is built, from the perspective of Sarawak and Sabah," he said.

Na'im: Govt prepared to amend constitution to avoid conflicts between syariah, civil courts [NSTTV]

By AMALIA AZMI, Hakim Mahari - March 4, 2024 @ 1:46pm

KUALA LUMPUR: The government is prepared to immediately implement any necessary amendments to Federal Constitution provisions to avoid ongoing conflicts between the jurisdictions of the civil and syariah courts.

Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said the government was ready should any amendments be necessary.

However, he said this depended on whether the special committee to study issues related to the competence of state legislative assemblies to enact Islamic laws finds that there needed to be amendments and receives the consent of the Conference of Rulers.

"If the proposal and study (by the committee) leads to the necessity for amendments to be made to any provisions of the Federal Constitution, and their recommendations receives the approval of the Conference of Rulers, then the report will be brought before the cabinet.

"If it is found that certain provisions hinder efforts to empower the syariah court, and to prevent any form of conflict between the civil and syariah courts, certainly the cabinet will consider it and bring it to Parliament for recommendations regarding amendments," he said.

Na'im this in response to a supplementary question from Mohd Sany Hamzan (PH-Hulu Langat) during the question-and-answer session in the Dewan Rakyat today.

Hamzan had inquired whether the government was prepared to amend the constitution to address the issues or conflicts arising between syariah and civil courts.

Na'im said that conflicts between the civil court and the syariah court are likely to persist and require urgent resolution.

Meanwhile, when answering the original question from Datuk Ahmad Saad @ Yahaya (PN-Pokok Sena), who asked about the latest development of the session involving the special committee, the minister said the committee was still in the midst of conducting a comprehensive study on the issue.

"To ensure a comprehensive study is conducted, all issues involving jurisdictional conflicts between the syariah court and the civil court are being examined and studied in detail.

"The special committee has also planned to hold engagement sessions with stakeholders, including the state syariah chief judge, state muftis, state Islamic religious councils, representatives from Islamic institutions, former judges and several individuals and other relevant parties as needed and appropriate to provide input, views, and suggestions to the special committee on the issues discussed," he said.

Na'im said this approach indirectly helps the special committee to see all aspects related holistically, whether from civil and syariah legal aspects, including Islamic law.

Na'im's statement was made in response over the furore arising from the judgement in the Nik Elin case.

Nik Elin, whose full name is Nik Elin Zurina Nik Abdul Rashid, a native of Kelantan, along with her daughter Tengku Yasmin Nastasha Abdul Rahman, challenged the constitutionality and validity of 18 provisions under the Kelantan Shariah Criminal Code (l) Enactment 2019, claiming that the Kelantan State Legislature does not have the power to enact laws on these offences because there are federal laws covering the same.

They filed a petition directly with the Federal Court under Article 4(4) of the Federal Constitution, naming the Kelantan government as the sole respondent.

On Feb 9, the Federal Court supported her legal challenge to annul 16 provisions of Islamic criminal laws enacted by Kelantan, ruling the 16 provisions under the Kelantan Shariah criminal Enactment as unconstitutional.

Baru said he took issue with Na'im's announcement for several reasons.

Firstly, he pointed out that Sabah and Sarawak had agreed in 1963 to the Malayan Federal Constitution as amended to include the Borneo States in the federation of Malaysia.

"That was the basic structure of the Federal Constitution as agreed and it is not acceptable that the federal government should so quickly propose to amend it as a knee-jerk reaction to loud noises by parties who have poor understanding of the issues deliberated and ruled upon by the Court in Nik Elin's case," he said.

He also reminded federal lawmakers that when the idea of Malaysia was mooted in the early 1960's, the dominant concern of the people of Sabah and Sarawak was the likelihood of the imposition of Islamic law on us, in particular Article 3 which states that Islam is the religion of Malaysia.

He reminded them that when the Malaysia Solidarity Consultative Committee on Febru 3, 1962 submitted a document called Memorandum on Malaysia, there was one paragraph which states: "The Committee directed a great deal of attention to the question of Islam as the religion of the Federation. It is satisfied that the acceptance of Islam would not endanger religious freedom within Malaysia nor will it make Malaysia any less secular."

Baru said the present Constitution of the Federation of Malaya, which would serve as the basis for the new Federation has adequately guaranteed that other religions may be practised in peace and harmony in any part of the Federation.

MALAYSIA

Exploiting canteen issue during Ramadan makes mockery of ‘PAS for all’, says Aliran

Education Minister Fadhlina Sidek’s role not confined to one race, Penang PKR women's wing chips in.

Updated 15 hours ago · Published on 14 Mar 2024 8:00PM 

A supporter waves the PAS flag during the election campaign at the Permatang Pauh parliamentary constituency in November 2022. The party has been told that while Muslims’ observance of fasting should be respected, so too should the rights of non-Muslims to eat during Ramadan. The Vibes pic, March 14, 2024.

 

BY Ian McIntyre

HUMAN rights and reform organisation Aliran has expressed deep concern that PAS has found it necessary to make an issue out of the Education Ministry’s recent directive to school canteens to open for business during the Muslim fasting month of Ramadan.

“This is an unnecessary issue, especially in a multi-ethnic and multi-religious society such as ours – where the people, including schoolchildren, should exercise mutual respect for each other’s rights and responsibilities.

“It is divisive for PAS to raise such an issue, which flies in the face of the party’s ‘PAS for all’ slogan,” said the Aliran executive committee in a statement today.

While the Muslims’ observance of fasting should be respected and appreciated, so too should the right of non-Muslims to eat at the school canteen, it stressed.

“It would not diminish the importance of fasting if the canteens are encouraged to operate during this period.

“If anything, it would enhance the religious devotion of the Muslim students and reinforce the forbearance expected of them during the fasting month.”

Aliran said that any move to disallow school canteen operators from operating during Ramadan would be tantamount to being insensitive to the basic rights and needs of non-Muslims.

Those who have an insatiable appetite to exploit issues for political gain should exercise restraint during the blessed month of Ramadan, it added.

PAS Ulama Council chief Datuk Ahmad Yahya, who is the Pokok Sena MP, recently criticised Education Minister Fadhlina Sidek, accusing her of acting in haste by allow school canteens to operate as per normal during the fasting period.

PAS’s extremist nature revealed, says Penang PKR

Meanwhile, the women’s wing of Penang PKR accused the PAS ulama council of stooping to low levels by politicising the month of Ramadan instead of embracing the related teachings on nobility and abstinence during this period

Its head Nurhidayah Che Rose took to social media to indicate that the wing will protest the manner of how the clerics’ body attempted to politicise the issue of the Education Ministry allowing school canteens to operate during Ramadan.

"To criticise minister Fadhlina Sidek for allowing the canteens to operate to serve non-Muslim students reflects the extremist nature of PAS and its disrespect of Ramadan. Worst, it causes a polemic argument," said Nurhidayah.

"During Ramadan, it is unnecessary for Muslims to quarrel among ourselves. and neither should we politicise everything.”

“We believe the action to allow the canteens to operate is correct. It imbues tolerance among the students and teaches the Muslims to have the determination to fast as per the teachings and allow the non-Muslim mothers relief in not having to prepare food for their children."

She stressed to PAS that Islam is a religion which teaches its followers to be tolerant and sensitive to the needs of all.

"Fadhlina is a minister who oversees the welfare of all schools and tries to meet the needs of every student and educator in the country. Her role is not confined to just one location or one race," said Nurhidayah.

Penang PKR Wanita therefore urged PAS leaders to respect Ramadan as a period for reflection instead of seeking cheap political mileage, she said. – The Vibes, March 14, 2024

Suggestion to include non-Muslim experts in Special Committees unfounded says minister in the Prime Minister's Department

By Hakim Mahari - December 29, 2023 @ 5:13pm

Minister in the Prime Minister’s Department (Religious Affairs) Senator Datuk Dr Mohd Na’im Mokhtar has dismissed the suggestion of including non-Muslim experts in Special Committees, describing it as unfounded. BERNAMA FILE PIC

KUALA LUMPUR: Minister in the Prime Minister's Department (Religious Affairs) Senator Datuk Dr Mohd Na'im Mokhtar has dismissed the suggestion of including non-Muslim experts in Special Committees, describing it as unfounded.

He emphasised that the Special Committee to Study the Competence of the State Legislative Assembly in Enacting Islamic Laws was established to scrutinise issues related to the competence of the State Legislative Assembly and the jurisdiction of Sharia courts, in accordance with the Federal Constitution.

"All appointed members possess specialised knowledge in the Federal Constitution, civil law, and Sharia law, qualifying them to conduct thorough studies, offer valuable insights, and provide constructive input.

"Their aim is to ensure the pursuit of effective and harmonious solutions for addressing all arising issues in this matter, ultimately upholding and fortifying Sharia legislation and the Sharia justice system in our country.

"The current members of the Special Committee are well-equipped to fulfill their responsibilities, considering their individual areas of expertise," he said in statement today.

This response comes in the wake of a proposal by Beruas MP to enlist experts from non-Muslim communities to assist the Special Committee in examining the competence of the State Legislative Assembly in enacting Islamic laws, a committee established earlier this month.

Koo Ham was quoted as saying that this step is to consider the views of non-Muslims before any changes to the law are made.

Na'im further stressed that in matters of administrative policies concerning Islamic affairs, including legal and Sharia judicial policy issues involving the Muslim community, reference will always be made to the National Council for Islamic Religious Affairs Malaysia (MKI) and state religious authorities.

The MKI is chaired by Sultan of Selangor, Sultan Sharafuddin Idris Shah.

He also advised the public to refrain from making any statements that could provoke public distress.

"It is essential for everyone to express complete confidence and allow the Special Committee ample space to fulfill its role with utmost professionalism and effectiveness."

Umno tells DAP to 'stay in your lane' over involving non-Muslims in enacting Syariah laws

By Hana Naz Harun - December 29, 2023 @ 3:14pm

“Ngeh’s statement suggesting the government to appoint experts from the non-Muslim community to help the committee reviewing the jurisdiction of the Syariah Court goes over the line,” he said in a Facebook post today.- Pic credit FB Abdul Halim Suleiman

KUALA LUMPUR: A Johor Umno leader has warned DAP to stay in their lane, after a suggestion to include non-Muslim experts in the committee to study the powers of the Syariah Court was proposed by DAP lawmaker Datuk Ngeh Koo Ham.

Senator Datuk Abdul Halim Suleiman, who is also Johor Umno secretary, said Muslims did not need non-Muslim legal experts to advise or help the committee in enacting Syariah laws, as there were many Muslims who were knowledgeable in the area.

He described the Beruas member of parliament's move to suggest the idea as "going overboard" and seen as wanting to meddle in Islamic religious affairs.

"We cannot keep silent anymore. I, as Johor Umno secretary and Tebrau Umno division chief, want to warn Ngeh and other non-Muslim DAP leaders not to try to be smart and interfere in Syariah law matters.

"Ngeh's statement suggesting the government to appoint experts from the non-Muslim community to help the committee reviewing the jurisdiction of the Syariah Court goes over the line," he said in a Facebook post today.

Earlier, the media reported that the government was advised to appoint experts from non-Muslim communities to assist the Special Committee to Study the Competence of the State Legislative Assembly in Enacting Islamic Laws established earlier this month.

Ngeh was quoted as saying that this step is to consider the views of non-Muslims before any changes to the law are made.

Abdul Halim said Malays and Muslims in the country did not need others, particularly politicians representing other races, to interfere as it would only cause disunity, disrupt the harmony and would raise doubts among Muslims themselves.

"If DAP wants to continue to make amends and build a strong relationship within the Unity government for the benefit of a multiracial Malaysia, sensitive issues like this do not need to be raised again.

"My advice to other DAP leaders, please use your brains to talk and not just your mouth or desire to be a political champion until you touch on the sensitivities of Malays and Muslims.

"You don't need to interfere with matters surrounding Syariah law as how we don't interfere in the matters of other religions," he added.

By Essa Abu Yamin - December 29, 2023 @ 9:59am

KUALA LUMPUR: Umno firmly rejects the appointment of non-Muslim experts in the Committee to Study the Powers of the Shariah Court, describing the proposal by Beruas member of parliament, Datuk Ngeh Koo Ham, as "out of touch with reality."

Umno secretary-general, Datuk Dr. Asyraf Wajdi Dusuki, explained that this assertion is in line with the Federal Constitution, and the proposal by the DAP representative would only spark unnecessary controversy.

Furthermore, he said, the Shariah Court is specifically for Muslims, and the process of improving and elevating it, since Umno led the previous government, has always been implemented gradually, taking into account the scope of powers allowed by the Federal Constitution.

Moreover, he emphasised that throughout the process of upgrading the Shariah Court, which includes aspects of administration, competence, emoluments, and salaries of judges and officials, as well as the form and level of punishment stipulated under the court's jurisdiction, it has never infringed upon or violated the rights of non-Muslim citizens.

"This is also in line with the provisions of Article 3 of the Federal Constitution and the absolute authority of the Yang di-Pertuan Agong and the Council of Malay Rulers as the preservers and protectors of the sanctity of Islam as the federal religion, while recognising the freedom of other religions to be practised in this country.

"Therefore, trust and confidence should be given to the Council of Malay Rulers in determining the panel that will constitute the committee in the future. Surely, Their Majesties, the Malay Rulers are very wise and will certainly take into account all aspects, including the powers provided by the Federal Constitution in approving the terms of reference for the committee," he said in a statement via his Facebook page, last night.

Earlier, the media reported that the government was advised to appoint experts from non-Muslim communities to assist the Special Committee to Study the Competence of the State Legislative Assembly in Enacting Islamic Laws established earlier this month.

Koo Ham was quoted as saying that this step is to consider the views of non-Muslims before any changes to the law are made.

He also reminded that the constitution was formed taking into account the interests of all groups, so any changes affecting ethnicities and religions must be discussed comprehensively to avoid conflicts.

In further comments, Asyraf Wajdi emphasised that any findings from the committee will surely be presented to the Council of Malay Rulers after examining all aspects related to the constitution.

"Moreover, if there are any proposals involving amendments to laws or the constitution, the process will certainly involve non-Muslim members of parliament who have the power to discuss, support, amend, or reject proposals related to the enactment of laws or the constitution," he said.

Umno secretary-general, Datuk Dr. Asyraf Wajdi Dusuki, explained that this assertion is in line with the Federal Constitution, and the proposal by the DAP representative would only spark unnecessary controversy.- NSTP file pic