Opinion

M’sian constitution doesn’t allow for theocratic Islamic state – MCCBCHST

With law minister contradicting deputy religious affairs minister’s statement, it’s best PM clarifies issue to quell anxiety

Updated 2 years ago · Published on 08 Sep 2021 10:01PM

M’sian constitution doesn’t allow for theocratic Islamic state – MCCBCHST
All religions are subject to the federal constitution. – MOHD HAZLI HASSAN/The Vibes pic, September 8, 2021

THE Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) welcomes the statement by the law minister on September 7 that there are no proposals to enact a law to restrict or control the development of non-Muslim religions, and neither has the matter been brought to the cabinet yet.

This clearly contradicts an earlier statement by Deputy Minister in the Prime Minister’s Department (Religious  Affairs) Datuk Ahmad Marzuk Shaary that the government was drafting four new shariah laws, “including the Control and Restriction on the Propagation of Non-Muslim Religions Bill”. 

The deputy minister’s statement caused great anxiety among non-Muslims, and the clarification by the minister helped calm things down.

Since the deputy minister has not withdrawn his statement, MCCBCHST wishes to point out that there are many flaws in his statement, and wishes to remind that Article 11(1) of the federal constitution clarifies the right for every person “to profess and practise his religion and, subject to Clause (4), to propagate it”.

This means every person has the fundamental right to practise and propagate his religion, subject to Clause (4).

What does Clause (4) of Article 11 provide? It deals with a very narrow area, and provides that federal law may control or restrict the propagation of other religious doctrines to Muslims, that is:

“Federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.”

Thus, where there is no propagation of other religious doctrines or beliefs to Muslims, Clause (4) will not apply. Where there is the practise and propagation of non-Muslim religions among themselves only, Clause (4) will have no application again.

In fact, the right to freedom of religion is so fundamental that it cannot be curtailed even during an emergency. This is provided for by Article 150(6A).

MCCBCHST therefore wishes to remind the deputy minister that the basic structure of the constitution does not allow for a theocratic Islamic state for Malaysia. In our case, all religions are subject to the constitution.

In view of the apparent contradictions between the statement by the law minister and the earlier statement by the deputy minister, MCCBCHST calls upon Prime Minister Datuk Seri Ismail Sabri Yaakob to clarify the issue before there is further anxiety among citizens. – The Vibes, September 8, 2021

Statement issued and endorsed by:

- Sardar Jagir Singh Arjan Singh, Malaysian Gurdwaras Council (MGC), president of MCCBCHST;

- Dao Zhang Tan Hoe Chieow, Federation of Taoist Associations Malaysia (FTAM), deputy president of MCCBCHST;

- Datuk R.S. Mohan Shan, Malaysia Hindu Sangam (MHS), vice-president I of MCCBCHST;

- Archbishop Julian Leow Beng Kim, Christian Federation of Malaysia (CFM), vice-president II of MCCBCHST; and,

- Venerable Seet Lee Terk, Malaysian Buddhist Association (MBA), vice-president III of MCCBCHST.

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