Month: September 2014

Freedom of Religion after the Catholic Herald Court Judgments. Part 2/2

Part 2/2: Implications for Freedom of Religion arising from the Catholic Herald Court Judgments The Federal Constitution provision for freedom of religion has been undermined when the higher courts ruled that the ‘sanctity of Islam’ defines and limits freedom to practice other religions. Surely this unconstitutional restriction also applies to all other fundamental liberties enshrined … Continue reading “Freedom of Religion after the Catholic Herald Court Judgments. Part 2/2”

Part 2/2: Implications for Freedom of Religion arising from the Catholic Herald Court Judgments

The Federal Constitution provision for freedom of religion has been undermined when the higher courts ruled that the ‘sanctity of Islam’ defines and limits freedom to practice other religions. Surely this unconstitutional restriction also applies to all other fundamental liberties enshrined in the Federal Constitution since fundamental liberties are an inseparable whole, like a ‘seamless cloth’.

Preview of Conclusion
As a result of the decision by the Court of Appeal in the Catholic Herald, the law as it currently stands appears to be that the term ‘Allah’ should not be used by any non-Muslim group in Malaysia as it is not an essential and integral part of the religion. Article 11 only protects what is mandatory in a religion which according to the CA’s interpretation is a severely restricted freedom. Article 11 has to be read with article 3 which was inserted to protect the sanctity and supremacy of Islam. This means that other religions can be practiced in peace and harmony throughout the Federation as long as it does not affect the sanctity of Islam.

Read the attached document “Freedom of Religion after the Catholic Herald Judgments” for a careful and insightful analysis of these disturbing developments:

Freedom of Religion after the Catholic Herald Continue reading “Freedom of Religion after the Catholic Herald Court Judgments. Part 2/2”

Freedom of Religion after the Catholic Herald Court Judgments. Part 1/2

Part 1/2: Backdoor Islamization of Malaysian Laws – State Islamic Enactments Silently Rewrite the Federal Constitution via Illegitimate Use of the Penal Code. Related Post: Part 2/2: Implications for Freedom of Religion arising from the Catholic Herald Court Judgments The recent judgments by the Court of Appeal and the Federal Court failed to clarify … Continue reading “Freedom of Religion after the Catholic Herald Court Judgments. Part 1/2”

Part 1/2: Backdoor Islamization of Malaysian Laws – State Islamic Enactments Silently Rewrite the Federal Constitution via Illegitimate Use of the Penal Code.

The recent judgments by the Court of Appeal and the Federal Court failed to clarify and delimit the bounds of authority of the State Islamic Authorities in relation to non-Muslims. The result is an ongoing process of silent rewriting of the Federal Constitution that violates the fundamental liberties of all citizens enshrined in the Federal Constitution. The failure of the higher Courts to address and arrest the backdoor Islamization of the legal system can only result in ascendency and final supremacy of Syariah law for the country.

Read the attached document “Freedom of Religion after the Catholic Herald Judgments” for a careful and insightful analysis of these disturbing developments:

Freedom of Religion after the Catholic Herald

Highlights from Document Freedom of Religion after the Catholic Herald Court Judgments Continue reading “Freedom of Religion after the Catholic Herald Court Judgments. Part 1/2”

Kota Kinabalu Declaration 2014 on Malaysia Day

An important declaration calling the Federal government to honor the Malaysia Agreement (1963) and implement just governance that gives due recognition and respect for the rights of citizens of Sabah and Sarawak. Highlights 7 AND WHEREAS the proliferation of oppressive laws that violates our fundamental civil liberties continues unabated, the legislative, executive and the judiciary … Continue reading “Kota Kinabalu Declaration 2014 on Malaysia Day”

Highlights

7 AND WHEREAS the proliferation of oppressive laws that violates our fundamental civil liberties continues unabated, the legislative, executive and the judiciary must take urgent measures to remove such offensive laws and selective prosecutions and to restore just, fair, and democratic principles of governance as envisaged by the framers of our Constitution and our founding fathers.

12 AND WHEREAS Islam is the religion of the Federation but other religions may be practised and people of other faiths shall have the constitutional right and freedom to profess, practise, propagate, and manage their respective faiths without interference and intervention by the State. 13 AND WHEREAS the Constitution provides for laws to be enacted for the administration of Islam, such laws shall not be applied to non-Muslims nor non-Muslims be subject to Shariah law.

14 AND WHEREAS freedom of religion is guaranteed by the Federal Constitution and set out in the first of the 18 and 20-point conditions of Sarawak and Sabah respectively to be part of the Malaysia Agreement, but the legislative, executive and judiciary have persistently and wilfully trampled upon such rights of people of other faiths by making laws and decisions that militate against such freedom. The prohibition of the usage of the word ‘Allah’ by Bumiputera Christians to refer to the one true God and the restricted ban on the use of the Alkitab, the Malay language Bible, since the early 1980s are instances of gross violations of human rights.

19 AND WHEREAS there are extremist dakwah elements who undertake aggressive Islamisation by both covert and overt means to convert Bumiputera Christians through intimidation, deception, or inducements particularly targeting remote and poor villagers as well as conversions of school children living in government hostels. The National Registration Department despite its denials are also classifying native Christians with ‘bin’ or ‘binti’ in their names as Muslims in their MyKad without their knowledge or consent. Such unlawful and oppressive practices must stop immediately. Continue reading “Kota Kinabalu Declaration 2014 on Malaysia Day”