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’”

Bertrand Russell: The Spirit of Solitude 1872-1921. Book Review

 

Remember those sixth-form days when some of us were first thrilled by newly awakened intellectual abilities? We were quick to challenge traditional beliefs and the status quo, and eager to show off our acquaintance with the works of Bertrand Russell. The name Bertrand Russell was whispered with hush awe and quiet reverence. Russell represented to us the ideal of a socially engaged intellectual. Never mind that we couldn’t really understand his more technical papers on mathematical logic. His more popular written books such as Why I Am Not a Christian, Principles of Social Reconstruction and A Free Man’s Worship were sufficient to persuade us to adopt him as an inspiring icon for rebellion. His status as a Nobel Prize laureate decisively clinched an unquestioned hearing from skeptical students.

However, when I actually got down to read Russell for myself, particularly his book Why I Am Not a Christian, I found myself in for a great disappointment. Russell, who was arguably the most outstanding mathematical logician of his day, turned out to be illogical in his analysis of Christianity. He relied on a shoddy knowledge of Christianity. His analysis was full of non-sequitur and question-begging arguments with much scorn and rhetoric thrown in. I concluded that a more fitting title for the book would be Why I am too Prejudiced to Become a Stereotyped Christian. Continue reading “Bertrand Russell: The Spirit of Solitude 1872-1921. Book Review”

Federal Court Rules Against Unilateral Conversion of Children into Islam

Mais loses final appeal to restore five kids’ unilateral conversion to Islam, Federal Court upholds Indira decision where both parents’ consent needed

Kuala Lumpur 26 Jan 2022

The Selangor Islamic Religious Council (Mais) today failed in its final court bid to reinstate the 2015 conversion of five young children to Islam when they were aged in the range of around three and nine years old.

A three-judge panel in the country’s highest court chaired by Chief Justice Tun Tengku Maimun Tuan Mat unanimously ruled in favour of the mother and dismissed the application for leave to appeal filed by both the Mais chairman and the Mais registrar of muallaf or Muslim converts.

In reading out the decision, Tengku Maimun pointed out that Section 117 of the Administration of the Religion of Islam (Selangor) enactment clearly stated that both the mother and the father must agree to their children’s conversion.

“This is our unanimous decision. The application does not meet the threshold of Section 96 of the Courts of Judicature Act for leave to be granted.

“The issue before us has been settled by the decision of this court in M. Indira Gandhi’s case. The courts below were therefore correct in following Indira Gandhi.

“Further the provision of Section 117 of the enactment is very clear that a person who is not Muslim may convert to the religion of Islam if he is of sound mind and attain 18 years or if he has not attain, the mother and father must consent to the conversion.

“The application is therefore dismissed,” Tengku Maimun said.

The court also awarded RM30,000 as costs to the mother. Continue reading “Federal Court Rules Against Unilateral Conversion of Children into Islam”

Integrating Faith and Knowledge

I. Introduction

James Orr, in The Christian View of God and the World, maintains that the Christian worldview is compelling because it provides a coherent and unified view of life. Christianity as an integrated worldview embraces all disciplines of knowledge and provides stability of thought and directions to Christians seeking to navigate through new intellectual challenges posed by advancement of knowledge in the modern world.

Christian integration of faith and knowledge is based on the following premises: Continue reading “Integrating Faith and Knowledge”

Christian Annexation and Transformation of Pagan Learning: From Augustine and Boethius to John Calvin

I. Augustine: Putting Pagan* Learning to Right Use

CHAP. 40. Whatever has been rightly said by the heathen, we must appropriate to our uses

60. Moreover, if those who are called philosophers, and especially the Platonists, have said aught that is true and in harmony with our faith, we are not only not to shrink from it, but to claim it for our own use from those who have unlawful possession of it. For, as the Egyptians had not only the idols and heavy burdens which the people of Israel hated and fled from, but also vessels and ornaments of gold and silver, and garments, which the same people when going out of Egypt appropriated to themselves, designing them for a better use, not doing this on their own authority, but by the command of God, the Egyptians themselves, in their ignorance, providing them with things which they themselves were not making a good use of [Exod. 3:21, 22; 12:35, 36]; in the same way all branches of heathen learning have not only false and superstitious fancies and heavy burdens of unnecessary toil, which every one of us, when going out under the leadership of Christ from the fellowship of the heathen, ought to abhor and avoid; but they contain also liberal instruction which is better adapted to the use of the truth, and some most excellent precepts of morality; and some truths in regard even to the worship of the One God are found among them. Continue reading “Christian Annexation and Transformation of Pagan Learning: From Augustine and Boethius to John Calvin”

Kairos Seminar on Greek Philosophy and Christian Thought (2022)

Lecturer: Dr. Ng Kam Weng

Seminar Description: Students (1) will be introduced to influential theories found in some key texts of Platonic and Aristotelian philosophy that have been significant for Christian theology and apologetics, and (2) will critically analyze how seminal Christian thinkers like Augustine and Aquinas integrated the philosophical insights from Greek philosophy to construct a Christian philosophical tradition which can assist Christian witness and practice today.

Module I (a). Plato (2 weeks)
Nature of Knowledge and Reality: Doctrine of Forms, Allegory of the Cave and the Sun (The Republic VI-VII), and Theaetetus
Immortality of the Soul (Republic, Phaedo & Phaedrus)
God and cosmology (Timaeus) Continue reading “Kairos Seminar on Greek Philosophy and Christian Thought (2022)”

The Virgin Birth of Jesus Christ. Origins and Theological Significance

Alleged Pagan Origins
(1) A wonder birth or a supernatural birth is one of the commonest ideas in folk-tale and myth. In not all of these, however, is there what can strictly be called virgin birth. The latter certainly does not occur where ancient myths of the birth of heroes, great men, or kings are concerned. In spite of direct evidence of true human descent, myth told how a god was their real father…In these myths also the mother is already wedded, and the divine parent is father in a purely physical sense and has a material form, in that form taking the place of the husband…the woman is already married, and the birth is not, strictly speaking, a virgin birth…

Those who regard the Virgin Birth as mythical trace it to (a) Jewish, (b) pagan sources. (a) The Jewish source is found in Is 7:14. No Jew, however, ever applied this to the birth of the Messiah, though it was in accord with Matthew’s method to use it as pointing to an event otherwise known to him. Other critics have conclusively proved that the myth of virgin birth was unknown to Jewish thought. Continue reading “The Virgin Birth of Jesus Christ. Origins and Theological Significance”

Philosophy and Theology Reading 3/3

Theology Uses Philosophy on its own Terms

[157] Though Christian dogma cannot be explained in terms of Greek philosophy, it also did not come into being apart from it. There is as yet no dogma and theology, strictly speaking, in Scripture. As long as revelation itself was still in progress, it could not become the object of scientific reflection. Inspiration had to be complete before reflection could begin…

Gradually a need arose to think through the ideas of revelation, to link it with other knowledge and to defend it against various forms of attack. For this purpose people needed philosophy. Scientific theology was born with its help. This did not, however, happen accidentally. The church was not the victim of deception. In the formation and development of the dogmas, the church fathers made generous use of philosophy. They did that, however, in the full awareness of and with clear insight into the dangers connected with that enterprise; they were conscious of the grounds on which they did it, and they did it with express recognition of the word of the apostles as the only rule of faith and conduct. For that reason also they did not utilize the whole of Greek philosophy but made a choice; they only utilized the philosophy that was most suited to help them think through and defend the truth of God. They went to work eclectically and did not take over any single philosophical system, be it either from Plato or from Aristotle, but with the aid of Greek philosophy produced a Christian philosophy of their own. Furthermore, they only used that philosophy as a means… Continue reading “Philosophy and Theology Reading 3/3”

William Craig’s Quest for the Historical Adam: A Response from John Oswalt

William Lane Craig’s new book, In Quest of the Historical Adam, has an extended discussion on the relationship between Genesis and the myths found in the mythic literature of the Ancient Near East. Based on what he identifies as myth-like elements found in Genesis, Craig concludes that Genesis should be classified as “mytho-history”.

Craig attempts a nuanced treatment of “myth” as he affirms that some elements in Genesis are historical, like the genealogies. He affirms that Adam and Eve  were real people who constitute the fount of all humanity. However, his proposal that Genesis should be regarded as “mytho-history” has drawn criticism from John Oswalt, a prominent Old Testament scholar who explains that “A myth is an oral or written narrative that functions to make actions of the gods, presumed to be constantly occurring in the invisible realm, effective in the world of time and space. In short “mytho-history” is an oxymoron. Myths are a-historical by nature.”

Excerpts from the interview, Craig’s Quest for the Historical Adam: A Response from John Oswalt (Part 2) Continue reading “William Craig’s Quest for the Historical Adam: A Response from John Oswalt”

Finding nuance in the inerrancy debate. A Response to Michael Bird

Michael Bird mounts a critique of classical evangelicals who defend inerrancy of Scripture in his recent article, “Finding nuance in the inerrancy debate.”

I am a classical evangelical, that is, an evangelical who affirms inerrancy of Scripture. I confess being guilty of making a big issue of inerrancy of Scriptures, but I remain recalcitrant and unrepentant despite the sharp criticism levelled by such an enlightened mind like Michael Bird.

I disagree with Bird that a precise definition of inerrancy is a luxury for the global evangelical churches which are facing pressures from hostile authorities. To be sure, inerrancy needs not be the “number one issue that separates the good guys from the bad guys,” but based on my experience as a theologian living in the majority world, and as one who is committed to the Great Commission, I am concerned that a fuzzy commitment to the reliability and final authority of inerrant Scripture will undermine confidence and zeal for Christian witness in places where other world religions are predominant. For example, Christian witness to Muslims is likely to be abortive if Christians fail to defend the inerrancy of the Bible when Muslim polemists contend that the Bible is unreliable and contains errors. Continue reading “Finding nuance in the inerrancy debate. A Response to Michael Bird”