Islamization of Malaysian Laws

Federal Court Rules Kelantan Shariah Criminal Enactment as Unconstitutional

CJ says challenged provisions under Kelantan Shariah criminal enactment mandated by state not Allah, cannot be construed as act against God

Malaymail Online By Kenneth Tee
Friday, 09 Feb 2024 1:38 PM MYT

PUTRAJAYA, Feb 9 — The country’s top judge said today a constitutional challenge brought by two Muslim women to nullify 18 provisions under the Kelantan Shariah criminal enactment cannot be construed as blasphemy since the laws had been mandated by the state legislative assembly and not Allah.

Earlier, the Federal Court in a majority verdict of 8-1 struck down 16 out of 18 provisions under the Kelantan Shariah criminal enactment as unconstitutional, ruling that the Kelantan State Legislature does not have the power to enact laws on said offences because there are federal laws covering the same. Continue reading “Federal Court Rules Kelantan Shariah Criminal Enactment as Unconstitutional”

Berry Cake House Not Allowed to Write “Merry Christmas” on Cakes?

The prohibition of writing of Merry Christmas or X’mas on cakes looks like a repeat of an earlier prohibition given by Jakim in 2020. Re: text quoted below.

But see conclusion at the end of this article:

Conclusion: The clarification from JAKIM only says that greetings like “Merry Christmas” are not allowed on cakes to be exhibited in premises that have been certified halal or on products marked with the halal logo. This does not prohibit the sale of cakes with “Merry Christmas”to personal orders by customers.

Prohibition of sale of these cakes in response to personal orders by customers would be an outright infringement of the religious rights and freedom of Christians and non-Muslims. Indeed, one may still wonder whether the standing order, notwithstanding the clarification still constitutes an unwarranted restriction of the rights of Christians and non-Muslims freely to buy and sell merchandise among themselves. These incidents give the impression that Christian celebration is on the wrong side of the law – another example of “Salami Islamization”?

[Clarification added on 17 Dec 2023] – I received several friendly suggestions that I could have committed a typo error – it should be “salafi”. But I definitely mean “salami”. You cut salami piece by piece. It was first used as “salami politics” in political discourse. I use the word “salami Islamization” to alert us to JAKIM’s long term strategy of Islamization of Malaysia slice by slice.

Perhaps Berry Cakehouse is going beyond what JAKIM requires. We hope that Berry Cakehouse would resume its sales to customers who order cakes with decorations like “Merry Christmas”.

Latest update added on 17 Dec 2023 in light of clarification by JAKIM.

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Relevant earlier reports.

See the update in The Star 16/12/2023 at the end of the article
No ban on Christmas cakes for halal certificate holders, says Mohd Na’im

Continue reading “Berry Cake House Not Allowed to Write “Merry Christmas” on Cakes?”

Judicial review power for Selangor Shariah High Court ‘unconstitutional’

Free Malaysia Today 21 Feb 2022

PUTRAJAYA: A nine-member bench of the Federal Court today unanimously declared that it is unconstitutional for the Selangor legislative assembly to pass a provision to confer judicial review power to the Shariah High Court in the state.

Chief Justice Tengku Maimun Tuan Mat said Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003, as it stands, is also unconstitutional.

“I find Section 66A, as it stands, is unconstitutional and void as it is a provision the legislative assembly has no power to make,” she said of the unanimous ruling.

As such, she said, the petition filed by SIS Forum Malaysia is allowed and the declaration is granted, pursuant to the Courts of Judicature Act.

SIS filed the application in the Federal Court on Jan 21, 2020 after the High Court in Kuala Lumpur dismissed its judicial review application against the Selangor religious authority’s fatwa labelling the group “deviant”. Continue reading “Judicial review power for Selangor Shariah High Court ‘unconstitutional’”

Shariah Law has no Consequences on Non-Muslims? HUMBUG

Will you Walk into my Parlour? Said the Spider to the Fly PAS is exploiting its new-found powers in the Federal government to table a new bill on control and restrictions on the development of non-Muslim religions. A major element of PAS new legal initiative is the RU355 which was temporarily shelved in 2017 after … Continue reading “Shariah Law has no Consequences on Non-Muslims? HUMBUG”

Will you Walk into my Parlour? Said the Spider to the Fly

PAS is exploiting its new-found powers in the Federal government to table a new bill on control and restrictions on the development of non-Muslim religions. A major element of PAS new legal initiative is the RU355 which was temporarily shelved in 2017 after it met strong opposition from critics who argued that the bill would make Hudud which is a state-enacted law under the the Federal Constitution become Federal criminal law. As Federal law, Hudud will be applied to all citizens regardless of their religious affiliation. To be sure, Muslim politicians and justices have assured non-Muslims that they have nothing to fear, only to say in their next breath that Hudud must be applicable to both Muslims and non-Muslims. Anyone who accepts their facile assurances should remember the classic children poem, “The Spider and the Fly” by Mary Howitt (1829).

Will you walk into my parlour?” said the Spider to the Fly,
‘Tis the prettiest little parlour that ever you did spy;
The way into my parlour is up a winding stair,
And I’ve a many curious things to shew when you are there.”
Oh no, no,” said the little Fly, “to ask me is in vain,
For who goes up your winding stair can ne’er come down again.”

“I’m sure you must be weary, dear, with soaring up so high;
Will you rest upon my little bed?” said the Spider to the Fly.
“There are pretty curtains drawn around; the sheets are fine and thin,
And if you like to rest awhile, I’ll snugly tuck you in!”
Oh no, no,” said the little Fly, “for I’ve often heard it said,
They never, never wake again, who sleep upon your bed!”

[only 2 out of 7 stanzas reproduced here]

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[The materials below were first posted on 10 Feb 2017]

UMNO will be lending a helping hand to PAS to push a Bill through Parliament which would amend the Shariah Courts (Criminal Jurisdiction) Act 1965, also known as Act 355. The amendments would extend power to the Islamic courts to enforce heavier punishment for Islamic offences. PAS President Abdul Hadi Awang and UMNO leaders assure non-Muslims that the proposed amendments will not affect non-Muslims. Re: Hadi to Make More Amendments to Shariah Bill] [FMT 23 Nov 2016] Continue reading “Shariah Law has no Consequences on Non-Muslims? HUMBUG”

CFM Hudud Fact Sheet on Amendment to Act 355

Bad News Don’t Get Outdated: PAS Latest Attempt to Impose Shariah Law on non-Muslims with RUU355 Originally published on 4 March 2017 While the proposed amendments does not mention the word “hudud” nevertheless, the far-reaching provisions would permit the introduction of hudud law and hudud-prescribed punishments in Malaysia Excepts from CFM Fact Sheet on Hudud … Continue reading “CFM Hudud Fact Sheet on Amendment to Act 355”

Bad News Don’t Get Outdated: PAS Latest Attempt to Impose Shariah Law on non-Muslims with RUU355
Originally published on 4 March 2017

While the proposed amendments does not mention the word “hudud” nevertheless, the far-reaching provisions would permit the introduction of hudud law and hudud-prescribed punishments in Malaysia

Excepts from CFM Fact Sheet on Hudud Amendmenet Act 355:

7. The current proposed amendments deal only with the increase in the existing punishments. It is proposed that the current maximum sentences of imprisonment for a period not exceeding 3 years, a fine not exceeding RM 5,000, or not more than 6 strokes of the cane, or a combination thereof, be increased to imprisonment for a period not exceeding 30 years, a fine not exceeding RM100,000, or not more than 100 strokes of the cane, or a combination thereof.

8. “It is clear that while the proposed amendments to Act 355 again do not mention the word “hudud”, the fact is that the increase in the maximum punishments will allow for hudud-compliant punishments to be meted out. Continue reading “CFM Hudud Fact Sheet on Amendment to Act 355”

High Court Quashes Govt’s 1986 Ban on ‘Allah’ Use by Christians,

High Court quashes govt’s 1986 ban on ‘Allah’ use by Christians, affirms Sarawakian Bumiputera’s right to religion and non-discrimination

10 March 2021 by Ida Lim

KUALA LUMPUR, March 10 ― The High Court today ruled that the Malaysian government’s directive issued in 1986 with a total ban on the use of the word “Allah” in Christian publications is unconstitutional and invalid, and also declared orders to affirm Sarawakian Bumiputera Christian Jill Ireland Lawrence Bill’s right to not be discriminated against and practise her faith.

Justice Datuk Nor Bee Ariffin, who has since been elevated to be a Court of Appeal judge, granted three of the specific constitutional reliefs sought by the Sarawakian native of the Melanau tribe.

The three orders granted by the judge include a declaration that it is Jill Ireland’s constitutional right under the Federal Constitution’s Article 3, 8, 11 and 12 to import the publications in exercise of her rights to practise religion and right to education.

The other two declarations granted by the judge today are that a declaration under Article 8 that Jill Ireland is guaranteed equality of all persons before the law and is protected from discrimination against citizens on the grounds of religion in the administration of the law ― specifically the Printing Presses and Publications Act 1984 and Customs Act 1967), and a declaration that government directive issued by the Home Ministry’s publication control’s division via a circular dated December 5, 1986 is unlawful and unconstitutional.

The order today means that the government’s long-standing absolute ban in the 1986 circular on the use of the word “Allah” in Christian publications in Malaysia has been declared invalid by the court. Continue reading “High Court Quashes Govt’s 1986 Ban on ‘Allah’ Use by Christians,”

On the Secular State Debate: G-25 Responds to Dr Mohamed Azam Mohamed Adil

Multiculturalism and Secularism – The Debate Continues

Earlier debate: Debunking Multiculturalism and Secularism – A Rejoinder

On the secular state debate: A response to Dr Mohamed Azam Mohamed Adil — G25 Malaysia

Malaymail Online 27 Jan 2020

JANUARY 27 — In his article in Berita Harian on January 19, 2020, Dr Mohamed Azam called out the G25 for claiming that Malaysia is a secular state. In doing so, he referred to G25’s recently-released report on the ‘Administration of Matters Pertaining to Islam’ and challenged the position that Malaysia is a secular state, based on three main arguments.

1. First, he asserts that the Federal Constitution does not contain, or make any reference to, the word ‘secular’, and in fact, it is only the religion of Islam that is explicitly mentioned in the Constitution. In light of this, he argues, the characterisation of Malaysia as a secular state is ‘inaccurate’.

2. This leads to his second argument: that Articles 3(1) and 12(2) places Islam in a ‘special’ position in Malaysia’s constitutional order, in spite of Tunku Abdul Rahman’s assurances that including Article 3(1) in the Constitution does not alter the secular character of the state. He also posits that if anything, the presence of Article 3(1) favours those who argue that Malaysia is an Islamic state.

3. Finally, Dr Mohamed Azam justifies his position by referring to the then Supreme Court decision in Che Omar bin Che Soh, the High Court decision in Meor Atiqulrahman, as well as various scholarly opinions.

While Dr Mohamed Azam is entitled to his academic opinion, we wish to point out that his arguments are flawed for a number of reasons. Continue reading “On the Secular State Debate: G-25 Responds to Dr Mohamed Azam Mohamed Adil”

Christian Use of Allah Historically Legitimate, Linguistically & Theologically Well-Founded – High Court Expert Report

The dispute between the Sabah-Sarawak churches and the government over the rights of Christians to use the “Allah” word in the Bahasa Malaysia Bible (Alkitab) has lasted more than 10 years. The Malaysian church leaders continue to reach out to government officials to find an amicable solution even as they await the judgment of the court in two cases where Sarawak and Sabah Christians sued the government for their right to use the word in the Alkitab.

The dispute has lasted so long that it no longer garners attention as front-page news. Not surprisingly, many young Christian leaders today fail to understand the fundamental concerns that compelled the church leaders to bring the dispute to court – the dispute over the “Allah” word would not have arisen if the Malaysian authorities acknowledge the undeniable historical fact that Christians in Malaysia who use the word are merely following the honorable tradition of Arabic Christians who have been using the word for centuries long before the advent of Islam. By prohibiting Christians from addressing their God as “Allah”, the Malaysian authorities are violating common sense and human courtesy.

Young Christian leaders will gain a full understanding of the right of Christians to use the “Allah” word after reading the Expert Report shared in this post. Such an understand is vital so that they will continue defend with firm conviction the right of Malaysian Christians to use “Allah” word in the Alkitab since the usage is historically legitimate, linguistically and theologically well-founded. Continue reading “Christian Use of Allah Historically Legitimate, Linguistically & Theologically Well-Founded – High Court Expert Report”

JAKIM Was Established Without Constitutional or Legal Basis

A recent Report published by G25, a group of former top civil servants, “Administration of Matters Pertaining to Islam” points out that “there is no constitutional or legal basis for the establishment of JAKIM [The Malaysian Islamic Development Department].” The Report acknowledges the need to have a federal agency to promote uniformity in the administration of Islamic law among the states. However, the Constitution would have to be amended to legitimize the existence of JAKIM. It is noted that even if JAKIM were to be legally established, its role should be confined to advising the states, which would not be obliged to heed its advice. Continue reading “JAKIM Was Established Without Constitutional or Legal Basis”