Berita NECF Newletters

Defend Constitution to Protect Religious Freedom

All Malaysians must uphold and defend the Constitution to ensure the continuance of religious freedom, a right which has been continually threatened by calls for an Islamic state.

Speakers at a forum on nation-building organised by NECF Malaysia reminded that every Malaysian citizen has the inherent right to practice his religion as enshrined in the Constitution.

During his paper on The Law Relating to Religious Liberty, lawyer Lee Min Choon made an impassioned plea for the Constitution to be upheld "at all cost", adding that though it may not be the perfect model, it was the best that our founding fathers could frame to ensure harmony in the nation.

Another speaker, Lim Heng Seng, urged all Malaysians to "understand and defend the foundational bases of the establishment of the Malaysian nation enshrined in the Malaysian Constitution" in the light of heightened demands for the establishment of an Islamic state.

Explained the Chairman of the Industrial Court: "The Constitution lays down the basic structures and foundational principles for the governance of the Malaysian nation consisting of a federation of the eleven states of the then Federation of Malaya and the new states of Sabah and Sarawak which merged with the Federation to form the enlarged Federation of Malaysia."

In his paper The Federal Constitution, Religion, and the Secular State, he related the few attempts that had been made in the past to islamise the Malaysian polity. Each time though, the Constitution was referred to and the attempts were quashed.

"From the foregoing it is unequivocal that the constitutional history of the Federation of Malaysia records for all posterity that Malaysia is a secular state. Although the Constitution provides that Islam is the religion of the Federation, the provision only means that for the official purpose of rituals and ceremonies the government may use the Islamic form.

"The Constitution establishes a parliamentary democracy based on the supremacy of a secular constitution. The three branches of government are subject to the Constitution and not to any other legal code or institution, religious or otherwise. The government of this nation is to be guided by the Constitution in the execution of their duties of good governance.

"It is the Constitution which the citizens of this nation will invoke in its interaction with the state, its organs and its officials. It is the Constitution which all members of the Malaysian Parliament, the Prime Minister and his Cabinet and the Chief Justice and all other judges are obliged to pledge to ‘preserve, protect and defend’ before exercising the functions of their office," he stressed.

Dr Ng Kam Weng, another speaker, added that an Islamic state is an unacceptable option for Malaysian citizens as it would "overthrow the present Constitutional guarantees".

The Kairos Research Director in his paper Christian Witness in Time of Political Transition also called for the Constitution to be defended in the midst of political transition, adding that the Government must meanwhile find ways to institutionalise dissent against itself and ensure that the transition of political power is free from violence.

The July forum, entitled Christians and Nation-Building" drew more than 50 Christians comprising politicians, lawyers, leading corporate figures, academicians, theologians and journalists.

The speakers and panelists came from both the ruling and opposition parties and though different in political ideologies, they all shared the same concern for the continuous freedom to exercise their Christian faith in the nation. Issues that were deliberated included Islamisation, religious freedom and political engagement.

The forum also heard how the Shariah law came about and its limitations and weaknesses.

In his paper Islamic Law and Constitutionalism, Universiti Malaya law lecturer Dr Khoo Boo Teong said: "Unless orthodox Shariah can be reformed, the treatment of non-Muslims will always be a major stumbling block in enabling the Shariah to be consonant with the definitions of Rule of Law today and into the 21st century."

His research on orthodox Shariah, the dominant approach in the Muslim world, indicated discrimination based on gender and religion that would lead to the clash of two great civilisations—the West with its Judeo-Christianity legacy and Islam itself.

However, the Second Message of Islam, which Dr Khoo said was the "original revelation of Islam", does not discriminate on the basis of either gender or religion and is a complete message of egalitarianism and equality.

He believed that it was imperative for Muslims in South-East Asia to break away from orthodoxy and returned to the Second Message of Islam where human rights and equality can be realised.

The forum also held a panel session with panelists YB Tan Cheng Leang, MCA Jawi state assemblyman; YB Dr Max Ongkili, PBS Tandek state assemblyman and Bandau MP; YB Dr Ron Tan, Gerakan Segambut state assemblyman; Goh Keat Peng, Keadilan committee member; and former DAP committee member George John

During the session, the panelists expressed the same concern as the speakers about the Islamisation issue and urged the Christian community to be more actively engaged in politics and the nation’s affairs.

The panelists also shared their testimonies on how they got involved in politics and how they relate their religious convictions to their vocation.

Also present at the forum were YB Theresa Kok, DAP Seputih MP and YB Dato’ Lee Hwa Beng, MCA Subang Jaya state assemblyman.



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