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Wednesday, August 03, 2005

No Freedom of Religion in Malaysia?

In response to TajamFikirWhile commenting about the article 12 it is clearly elucidate that it is an offence to propagate other beliefs to Muslims

I refer to the Constitutions available online here; it appears to me your interpretation of the Constitutions is flawed. And I’d republish the Constitutions of Malaysia herebelow for the netizens to check it out …

This matter has been agreed by majority people in Malaysia, and the question of religion is quiet sensitive here, and we are lucky that there are some laws which is binding upon us, to protect our belief as a Muslim from corrupted belief popularized by the so called Ayah Pin, I’m wondering, why u guys are so much interested in him.... is it because of his idea to promote freedom of belief's choice?

You are right on the spot, it’s about basic human rights and freedom of religion is one of them.

And I doubt your statement that majority of the people would like to give up their right on religion and be a slave instead. If so, one must either insane or being coerced into doing so … and that’s against humanity!


Here are the related sections of the Federal Constitutions of Malaysia; the Supreme Law (Article 4:1) of the land: -

Article number: 3
(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

Article number: 4
(1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day (Independent Day) which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Article number: 8
(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

Article number: 10
(1) Subject to Clauses (2), (3) and (4) -

(a) every citizen has the right to freedom of speech and expression;

(b) all citizens have the right to assemble peaceably and without arms;

(c) all citizens have the right to form associations.

Article number: 11
(1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

(3) Every religious group has the right -

(a) to manage its own religious affairs;

(b) to establish and maintain institutions for religious or charitable purposes; and

(c) to acquire and own property and hold and administer it in accordance with law.

(4) State law and in respect of the Federal Territories of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

Article number: 12
(1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth -

(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or

(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).

(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.

(3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.

And take note of the following six clauses:

1. Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation.
2. No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
3. Every person has the right to profess and practice his religion.
4. All citizens have the right to assemble peaceably.
5. There shall be no discrimination against any citizen on the grounds of religion.
6. This Constitution is the supreme law of the Federation and any law passed after Merdeka Day (Independent Day) which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

And it further says “So, it is clear that the Federal Constitution is Malaysia’s supreme law and any laws passed after Merdeka (independence) that contradicts this is not valid. Islamic law, therefore, cannot be applied unless the Constitution is first amended. We must also remember that the Islamic law we are talking about, such as Hudud, are not in force in Malaysia”

The above is pretty clear to me that your fellow citizens do have the right to freedom of religion.

In any case, one is still entitled to freedom (of religion) even if there is no provision for it under the law ... It is basic human rights.

I actually see some inconsistency and contradictions or even hypocripsy in the Constitutions eg. " (2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own."

As far as I know, the state is using taxpayers' money to build mosques and run religious school!

NB: Let me know if you would like to debate about Islamic Laws, which I do have an idea or two.

6 Comments:

Blogger Birmingham Bloke said...

It's looks like the Malaysian Contituions need a review. I am a legal counsel and I am available at very competitive rates.

3:10 PM  
Blogger Noirkudus said...

once against I want to say here is that, what you want to say is about the human right- the freedom to choice the religion, the freedom to renounce the religion, the freedom of expression, the freedom of speech and whatsoever, and anything against that freedom, it is against humanity.

anybody can read and then republish any law without understanding it. Law is not the subject to learn only in just one night

and once against I want to ask u, since u have claimed u are the messenger of God, whether this word is yours or word of your God?

because people like u are easily claim that they are the messenger of God...
but unlucky what appear to us is the emosional not the rational, because they ha no good basis in claiming as the prophet, including u....

very sad to say, u only know about Malaysian Constitution just last night, but very confident want to talk about it. and I advise u not to invite us debate with our Constitution or in any matter pertaining to Islamic law if you only have one or two ideas.

Just look at yourself first and your religion, and I sure that there are so many corruption if you want to compared with us...

Think again this idea, before all of your weakness appear to us O prophet La Bona (but I am not recognize u as a prophet)...

Thank u very-very much...

from Noir

10:48 PM  
Blogger TajamFikir said...

Dear la bona... It seems that u have gone to advance reading of Malaysian constitution am I right........., i do not think there is some inconsistency relating to various articles in Malaysian's constitution particularly in (Art:3.11.12).Have u go trough 9 schedule of Malaysian's consti. u should refer to that pivotal provision......, in order to get clear picture about our legal scenario here.Have u come across one maxim in common law ( it is pity, while malaysian law has so much influence by common law) generalia specilibus non derogant....(latin maxim) which means every general provision is subjected to specific provision... that is how if u wan to read Malaysian consti,my dear.....
Anyway despite looking to our constitution, have u come across the benchmark point in the case of meor atiqurrahman,and other cases as well which clearly shows the position of Islam as the religion of federation.....,
Have u comment the article of 160 of our costi... which is clearly shows that as a Muslim(unfortunately ayah pin was born as a muslim)they must observe rules pertaining to Islam....,
Is it wrong to execute a muslim with his own laws particularly laws which have been go trough various process and stages to make it legalise. it is similar if the US authority would like to punish its citizen for violating its own laws....
I'm wondering, how do u read our consti, is it by literal reading or by ur own style of interpreatation hmmmmm hmmmm,

12:44 AM  
Blogger La Bona said...

Noirkudus

Thank you very much too.

Alright, maybe law (Islamic or not) is really not the best topic for those who don't see freedom of religion is a basic human right, but I'd still fight any injustice standing on my way from time to time, it's my intrinsic duty as a member of the divine brigade.

"u have claimed u are the messenger of God, whether this word is yours or word of your God? ... but I am not recognize u as a prophet)"

Don't worry about my name or title, they really mean nothing to me and in case you didn't notice, I have changed my 'job title' from 'prophet' to mere 'activist' just to reflect the reality of the 21st century as I just found out not too long ago ... that majority of the faithful (particularly of Semitic root) simply have no room for a new divine being, prophet or not.

My divine mission on this material world is to help to enhance (I won't use the word 'save' or the Christians will get antagonized) the life or the well being of mankind ... How? I really don't have the answer yet but I do have some idea as to what will happen in about 10 times the power of 100 years from now: The Big Crunch ie. end of the universe states ... Is this the Doomsdays? Yes and no, stay tuned for more.

+++++

TajamFikir,

Don’t worry about the laws and if it’s flawed like I said, the people will stand up to fight for they right someday, it's human nature and nothing can stop that ... Muslims or Mandarins. I wish the people of Malaysia all the best and may God bless then with eternal happiness.

“unfortunately ayah pin was born as a muslim”

Yes, unfortunately for him but no, I don’t think he should be obliged or kowtow to the authorities and I am sure he won’t, that is because he and I are most probably the same kind … We got divine mission. So my advice to the authorities is that Sky Kingdom is simply not worth the pain, leave him alone … Don’t play God or you’d be played!

Next, I’d either publish a differing view on ‘We are all children of Abraham’ or I’d most probably touch on Kosher/Halal, a topic I consider having a profound impact on our societies.

1:17 AM  
Blogger -[Uh-miR]- said...

I'm sorry, but even if I was born a Muslim, I do not wish to be prosecuted as one. If Tajam Fikir and Noirkudus is right, then I will make my own provisions to pack up and leave. I can't and will not tolerate an environment where religion is such a big deal. As far as I'm concerned, stupid law or no stupid law, every individual has a right to live life the way he/she wants to..

7:15 AM  
Blogger skysaviour said...

Ayahpin
Find out more about the TRUTH
www.theskykingdom.blogspot.com

Ayah Pin, the most Honourable Man.He brings peace and love to us in the world. Teach us about human rights and respects to religions of the world. Before he left in missing, he said to us; "LIVE IN PEACE, NO FIGHT, LET THEM DEMOLISH OR TEAR DOWN OUR PLACE, THEY WILL SEE THEIR OWN CRUELTY WHEN TIME COMES". I have missed him.I know DISASTERS are so close to hit Malaysia for their sins. "JEREBU" is just a STARTER, don't panic..., as more attacks will come..when you never realise..it happens!!

Find out more about the TRUTH
www.theskykingdom.blogspot.com

9:34 AM  

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WARNING: Blind obsession with prophecy can be perilous or even fatal, reader discretion is advised! Submitted to God as His worldly Activist on a non-exclusive basis since June 15, 2005 1:00 am ET. “La Bona” is a professional name inspired by God; it means "The Righteous", “The Virtuous” or simply “The Good” in Esperanto (a neutral international language). DivineTalk® is an Open Commentary Forum dedicated to God for His Children to engage in dialogue, discourse and debate on laws, standards and values on morality, lifestyle, ethics, business and just about anything else related to their life. God enlightened to have His Words improvised and updated with the prevailing circumstances so that the divine guidance, dogma and policy will evolve with time and stay relevant to His Children in the very era they live in as the way forward. La Bona is a Truth Seeker, Myth Buster, Freedom Fighter, Cyber Activist, Liberal Animal, Good Samaritan, Messiah Wannabe and in order to serve His Children of diverse backgrounds, La Bona is motivated and aim to eventually multitask as Divine Representative, Contemporary Prophet, Celestial Executive, Deity Clairvoyant, Holy Spiritualist ...

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