KOTA KINABALU – Umno’s vow to amend the federal constitution to strengthen shariah laws is going against the wishes of Malaysia’s founding fathers, said Sabah DAP.
Its secretary and Kota Kinabalu MP Chan Foong Hin said the founding fathers wanted religious freedom to be respected.
“How can a political party that is part of the ruling coalition in Sabah and Putrajaya make such a call?
“Non-Muslims in Sabah have been living in harmony with Muslims in the state without the need for such laws, what more an amendment to the constitution to restrict freedom of religion.”
Chan said that he agrees with United Progressive Kinabalu Organisation (Upko) that recently stated a renegotiation of the federal set-up for Malaysia might be in the cards if such a move goes ahead.
“To amend our Malaysian constitution into something that is unlike what our country’s founding fathers intended will be a grave betrayal.”
He said it is imperative for Umno leaders like party president Datuk Seri Ahmad Zahid Hamidi to read the Cobbold Commission Report and the Inter-Governmental Committee (IGC) Report on the Proposed Federation.
Chan said if he read those documents, Zahid will realise that freedom of religion is one of the main pillars in the founding of the Federation of Malaysia and that restriction of religion, including propagation, has no part in this.
He added that while Umno wishes to appeal to its right-wing allies and members in Muafakat Nasional, it has to look forward, not backwards – failing which, its 75 years of history will remain an obscure part in Malaysia’s history textbooks.
Chan also challenged Sabah Umno chief Datuk Seri Bung Moktar Radin and Kimanis MP Datuk Mohamad Alamin to state their stand on whether they are agreeable to pawn the right to freedom of religion that all Sabahans have been enjoying in return for pittance.
“Will Bung Moktar and Mohamad Alamin, as the two Umno MPs from Sabah, declare their support to such an amendment to the federal constitution?
“I challenge them to make clear their stand so voters can make an informed decision whether they are to be trusted to represent the interest of Sabahans on the matter,” he said.
“Even though the argument is that non-Muslims won’t be affected, it is not entirely true. In Sabah, we also have native customary laws and the Mahkamah Anak Negeri to regulate such laws.
“Besides that, we have seen many cases of dispute where shariah law is involved – for example, in child custody disputes by non-Muslim mothers, and in disputes regarding distribution of assets of a deceased person whose parents are non-Muslim.”
On Sunday, Zahid said in his speech at the Umno General Assembly 2020 that the party vowed to amend the federal constitution to strengthen shariah law should it achieve the political “holy grail” of a two-thirds majority in Parliament.
He said this is necessary in light of recent court decisions that he said have hurt the feelings of many Muslims in the country, and was referring to the Kuala Lumpur High Court’s decision allowing Christians to use the word “Allah” in their publications, and a Federal Court ruling that a Selangor shariah enactment criminalising unnatural sex is inconsistent with the constitution and therefore void.
In his policy speech at the Umno general assembly here, Zahid said the latter ruling, in particular, has far-reaching implications, as it can potentially lead to the nullification of more shariah provisions.
“In fact, it can cripple the shariah criminal law system, as well as undermine the power of states to enact and enforce such enactments.”
Zahid said Umno has received many complaints from the public on the two recent court decisions, as the party is traditionally known as a platform that the people turn to for “solace”.
On February 25, the apex court unanimously declared that Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995, which criminalises unnatural sex, is null and void.
Chief Justice Tun Tengku Maimun Tuan Mat, reading the judgment summary, said the court granted the order sought by a local Muslim man as the criminalisation of unnatural sex is an area where only Parliament is empowered to enact laws on.
On March 10, the high court ruled that Christians can use the word “Allah”, as well as “Baitullah”, “Kaabah” and “solat”, in their educational publications.
This renders invalid a circular issued by the Home Ministry against the use of “Allah” in Christian publications. – The Vibes, March 30, 2021
