Politics 101 Malaysia

Although Karpal Singh’s recent opposition to the various Crowns playing politics has come in for some private knocks within the Pakatan team, his latest move to warn a constitutional crisis is on hand must wake up the lamers in Pakatan who do not care how they got there as long as they are there.

Perak Sultan acted unconstitutionally

Sultan Raja Azlan Shah of Perak had acted beyond his parameters of power by ordering the Pakatan Rakyat state government to reinstate the transferred Jamry Sury as Perak Religious Department director.

dap islamic state roundtable 100807 karpal singh DAP national chairperson and senior lawyer Karpal Singh said that under the country’s law, said the Pakatan Rakyat-led Perak state government had every right to transfer Jamry since he was a state government servant.

“The palace cannot order the Perak government to reinstate Jamry. It’s beyond the palace parameters of power,” said Karpal. ”Continued”

The Federal Constitution has gone through 40 multiple and 650 amendments.

When you are next asked to “defend the constitution”, ask them which version on the Constitution!

Video: malaysiakini

by Imran Imtiaz Shah Yakob, Asia Sentinel, 10 Aug.

When Malaysia’s Conference of Rulers stunned Prime Minister Abdullah Ahmad Badawi by rejecting the government’s choice for the position of Chief Judge of Malaya (the old name for the country is still used) recently, it was at least partly a payback for 20 years of resentment on the part of the country’s royalty against the government.

The position of chief judge, the judiciary’s third-ranking post, has been vacant for seven months, since Siti Norma Yaakob, the previous occupant, retired earlier this year. The vacancy isn’t because there aren’t candidates. All eight of the sitting federal court judges are qualified, as well as judges from either the Court of Appeal or the High Court.

However, sources in Malaysia’s legal community say, an unnamed candidate who was picked over three more senior judges caused the sultans to balk, reasserting their power for the first time since 1983. ”Continued”

Another example of “Muslims with little or no understanding of their religion”. Mahaguru58 challenges Asia News’s comment that "… anyone who renounces Islam is no longer considered Malay." He said: "This is the kind of misreporting that damages the reality of how things are and how such blatant lying by an organization as important as one which represents the Pope of the Christians fuels the ongoing mistrusts and cold war raging between the Christians and the Muslims of this world." Please refer to Article 160 (2).

"Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and - * (a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or was on that day domiciled in the Federation or in Singapore; or * (b) is the issue of such a person;

The Associated Press

A woman who lost a court battle to change her religion from Islam to Christianity suggested she might leave Malaysia rather than stay without the right to practice the religion of her choice, her lawyer said on Thursday.

The Federal Court, Malaysia’s highest civil court, on Wednesday rejected Lina Joy’s appeal to have the word ‘Islam’ stricken from her national identity card. The verdict was seen as a blow to religious freedom in this ethnically diverse country made up of Muslims, Christians, Buddhists, Hindus and Sikhs.

‘I am disappointed that the Federal Court is not able to vindicate a simple but important fundamental right that exists in all persons: namely, the right to believe in the religion of one’s choice,’ Ms Joy said in a statement released through her lawyer, Benjamin Dawson.

‘The Federal Court has not only denied me that right but (denied it) to all Malaysians who value fundamental freedoms,’ she said.

In its verdict, the Federal Court said Ms Joy - who was born to Muslim parents and began attending church in 1990 - should seek permission to renounce Islam from Islamic Shariah courts. ”Continued”

Non-Muslims will not be forced to attend Syariah courts to testify in cases involving differences between Muslims and non-Muslims. Chief Syarie Judge of the Syariah Judiciary Department, Sheikh Ghazali Abdul Rahman, said in a plural society a person’s willingness to testify and a compromising attitude should be nurtured and protected. “I feel it is important for everyone in this multiracial country to cooperate with one another. We do not need force but voluntary effort which can satisfy all sides.” — Bernama.

That’s cool, dude. I urge you to get your feelings codified as law so that we put this issue to sleep once and for all.

About time too — a little victory for commonsense. I’m putting Bernama’s report on this landmark decision here for future reference.

Islam Is Not About Turban And Beard

Islam is not about turban and beard, said the Federal Court in dismissing the appeal of three pupils who were expelled from school for refusing to take off their ’serban’ nine years ago.

The panel of three judges led by Court of Appeal President Tan Sri Abdul Malek Ahmad was unanimous in their decision that not everything that the Prophet Muhammad did or the way he did it is legally or religiously binding on Muslims, or even preferable and should be followed. ”Continued”

by Martin Jalleh, in Aliran Monthly and malaysiakini.

It appears that Article 11, a coalition of 13 civil society groups, and Aliran, the co-organisers of a recent public forum in Penang should be indebted to the mob that disrupted the event.

In what could be considered one of the greatest ironies that Bolehland has seen to date, the mob proved to the public, especially concerned Muslims and non-Muslims, that what they had feared most, and which therefore prompted them to organise such a forum, was very real and well-founded.

The unruly mob showed that in spite of the Federal Constitution - whether it be in terms of the freedom of religion or expression - there is indeed little protection for all, especially the minorities.

Meant to discuss ways of protecting Malaysia’s constitution in the light of recent conflicts between secular law and the Islamic Syariah system, the forum entitled ‘Federal Constitution: Protection for All’ ended abruptly with the police giving protection to a mob. ”Continued”

A column in malaysiakini by lawyer Haris Ibrahim, Feb 20.

Dr M Bakri Musa opines that since the constitutional amendment of 1988, the status of the syariah courts have been elevated so that they are now separate and equal with the secular system.

With respect, the doctor’s view is erroneous on three counts.

Firstly, the syariah courts have always been separate from the secular courts, dealing only with specific matters of syariah law that have been legislatively placed within their jurisdiction. ”Continued”