Syariah Law

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?”

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”

MCCBCHST OPEN LETTER TO MPs TO VOTE AGAINST HADI’S HUDUD BILL

RELATED POST: Shariah Law has no Consequences on Non-Muslims? HUMBUG RELATED POST: MCCBCHST: WE REJECT THE PRIVATE MEMBERS BILL ON HUDUD ** Note to the reader. There will be some amendments to Hadi’s bill as it goes through the various readings in Parliament. Supporters of Hadi’s bill will then claim that the statement of MCCBCHST’s … Continue reading “MCCBCHST OPEN LETTER TO MPs TO VOTE AGAINST HADI’S HUDUD BILL”

** Note to the reader. There will be some amendments to Hadi’s bill as it goes through the various readings in Parliament. Supporters of Hadi’s bill will then claim that the statement of MCCBCHST’s is no longer relevant. We disagree!

In any case, the statement is shared as documentation about the baseline or ultimate goal of the Islamic Hudud agenda which will be “implemented in phases”. The statement also reminds us the hudud context even as the next stage will be on explaining why the bill with the new amendments is still unacceptable.

** Call your MPs to make sure they vote against Hadi’s Bill (UMNO Assisted).

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The Malaysian Counsultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taosim (MCCBCHST) is gravely concerned with Hadi’s Private Members Bill which will be coming up for debate soon in our Federal Parliament. As the Bill will have far –reaching consequences for the Nation, the MCCBCHST feels duty bound to issue this open letter to Members of Parliament to do their duty as required by their oath of office to protect our Federal Constitution.

Excerpts from the 8-page MCCBCHST Open Letter to MPs
I. Is HADI’s Private Member’s Bill a Bill empowering HUDUD offences?
The answer is a clear ‘YES”. Here it is why…

The AIM of HADI’s Private Member’s Bill is to seek Parliament’s approval to enhance the Jurisdiction of the SYARIAH COURTS…

The proposed new Section 2A is very wide and states that Syariah Courts can impose punishments which are allowed by Syariah Law in relation to punishments which are listed under the above Section, other than the death penalty. Continue reading “MCCBCHST OPEN LETTER TO MPs TO VOTE AGAINST HADI’S HUDUD BILL”

The Federal Constitution, Islamisation and the Malaysian Legal Order

Related Post, Highly Recommended: Interfaith Council Urges MPs to Vote Against Hadi’s Upgrade Shariah Courts Bill by Guest Writer Mr. Lim Heng Seng. [The policy introduced by the Mahathir administration in the early 1980s, innocuously promoting Islamic universal values, became a platform for certain quarters to embark on a drive to change the fundamental … Continue reading “The Federal Constitution, Islamisation and the Malaysian Legal Order”

by Guest Writer Mr. Lim Heng Seng.

[The policy introduced by the Mahathir administration in the early 1980s, innocuously promoting Islamic universal values, became a platform for certain quarters to embark on a drive to change the fundamental character of the Malaysia polity and its legal order.

Will Malaysia end up as an Islamic or quasi-Islamic state by the gradual and subtle re-writing of her foundational document, the Federal Constitution? Or will she retain her character as an essentially secular nation?

These developments in Islamisation threaten to subvert the very foundation on which we, the citizens, and the territorial components of Peninsular Malaysia, Sabah and Sarawak have held together as one nation.]

Continue reading “The Federal Constitution, Islamisation and the Malaysian Legal Order”

Why Recent Court Judgments Which Restrict Religious Freedom May be Questioned.

This article demonstrates how the current view that only the Syariah Court has the jurisdiction to rule on the status on those who had renounced Islam began with a misreading of a minority view in an earlier Supreme Court’s judgment in Dalip Kaur and treating it as setting a binding precedent. The non-binding minority view … Continue reading “Why Recent Court Judgments Which Restrict Religious Freedom May be Questioned.”

This article demonstrates how the current view that only the Syariah Court has the jurisdiction to rule on the status on those who had renounced Islam began with a misreading of a minority view in an earlier Supreme Court’s judgment in Dalip Kaur and treating it as setting a binding precedent. The non-binding minority view subsequently turned into ratio decidendi when the Federal Court in Soon Singh case approved the High Court’s judgment which ‘followed’ the minority view instead of the ratio of the majority judgment in Dalip Kaur.

Confusion between ratio decidendi (“the reason for the decision” which has legal binding effect) and orbiter dictum (“an incidental, by the way statement” which has only persuasive value) also arose in cases relating to religious freedom in Malaysia.

I refer readers to the careful analysis by Kuek Chee Ying & Tay Eng Siang in “When Orbiter Dictum and Minority View Become Ratio Decidendi” published in the Malayan Law Journal (2015) volume 3, pages lxxxii-xcvi Continue reading “Why Recent Court Judgments Which Restrict Religious Freedom May be Questioned.”

Be Assured that Syariah Law WILL be Imposed on non-Muslims

PAS politicians and some UMNO government officials repeatedly assure non-Muslims that that Syariah law will not be applied to them even as Abdul Hadi Awang tables the Syariah Courts (Criminal Jurisdiction) (Amendment) Bill 2016 to widen the scope of the criminal jurisdiction of Syariah Courts. However, non-Muslims have reasons to doubt whether the assurance is empty, if not disingenuous, when the authorities in Kelantan and officials in various government departments repeatedly impose public policies that infringe on the fundamental liberties of non-Muslims. It is the duty of every conscientious Member of Parliament to reject any proposed legislation that violates the provisions in the Federal Constitution that protect the rights of non-Muslims and Muslims against punitive criminal actions based on religious precepts.

Beware when the wolf ‘courteously’ invites the lamb for supper in his den when it is seen sharpening its claws and teeth.

To read the full article, visit a new post at Religious Liberty Watch: Be Assured Syariah Law WILL be Imposed on non-Muslims