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January 3, 2006

Malaysia: Widow Of Hindu Buried As Muslim Gets Benefits

We covered the sad tale of a disabled Hindu former mountaineer who fell into a coma after falling from his wheelchair. L/Kpl M. Moorthy's former army colleagues then went to the religious authorities and declared that Moorthy had converted to Islam a year previously.

His wife Kaliammal, a Hindu, claimed her husband ate pork and drank alcohol after his supposed "conversion" and attended Hindu festivals. Her husband died in mid December, but for a week his body was unburied as an undignified battle took place in the courts. The Syariah Court ruled that Moorthy was a Muslim, and then on December 28 the High Court ruled that the widow had no rights to challenge the Syariah Court, and her husband was immediately buried with Muslim rites.

There had been fears that Kaliammal Moorthy would not have been eligible for inheritance of her husband's estate, because of the conversion, but the Malaysia Daily Star reports that she will receive all his death benefits and a monthly pension.

The deputy prime minister, Datuk Seri Najib Tun Razak, perhaps mindful of the international condemnation of Kaliammal's treatment, met with the widow personally and promised that the government would fulfil all benefits due to her. As Defence Minister, Najib's ruling will be honoured by the military.

Earlier today, Lieutenant Corporal Moorthy was posthumously promoted to the army position of Sarjan (Sergeant) backdated to June 2005. "The promotion is given as a recognition to his contributions as the country's warrior," Najib said. The promotion will increase the amount of money Mrs Moorthy will receive each month.

Despite this effort in diplomacy and public relations, the issue of the Syariah Courts is still controversial, and anti-democratic. If one is deemed a "Muslim" and decides to convert out of the faith, one must formally apply to the Syariah Court, which does not allow apostasy. So effectively, one can choose one's political faith in this so-called "democracy" but not one's religious faith. The information used to decide who is officially a Muslim or not is notoriously unreliable, and has led to non-Muslims declared "Muslims".

Ayah Pin

An example of the lack of true democracy in the nation was illustrated by the case of Kamariah Ali and Daud Mamat, two members of the Sky Kingdom religious sect.

On December 28 the two individuals had a lawsuit, which sought a declaration that they had a right to freedom of religion under the Constitution, thrown out by the HIgh Court.

Justice Md Raus Sharif said it was not his call to make, as it boiled down to apostasy, and that was under the jurisdiction of the Syariah Court. "The issue here is what is the effect of their declaration that they are no longer Muslims. They want this court to ascertain whether they had left Islam. To me, this is under the jurisdiction of the Syariah Court," he said.

Kamariah (54) and Daud (63) were detained and charged by the Terengganu state's Syariah Court earlier in 2005. The Mufti of Terengganu declared the leader of their Sky Kingdom sect, Ayah Pin, as a deviant in a fatwa, which also pronounced that any involvement with him or his teaching is prohibited.

The Sky Kingdom, situated in the eastern state of Terengganu, was run by a charming yet Islamically heretical leader, Ayah Pin, who erected a gigantic pink teapot (pictured), a boat and an umbrella from concrete and fibreglass in the grounds of his "Sky Kingdom".

On 4 July, the BBC announced that 21 members of the sect had been arrested the day before. Previously members have been jailed for "attempting to renounce Islam". On 18 July, vigilantes attacked the sect's headquarters, and on August 1, the large monuments of the Sky Kingdom were demolished by Land Office officials, assisted by vigilantes. It was claimed the edifices contravened Section 129 of the Land Code, which states anauthorised construction can lead to seizure of property.

The land was owned by Ayah Pin's wife, who had unsuccessfully tried on July 8 to challenge the Land Office's order for the structures' destruction. On the same day, the Malaysian Youth & Students Democratic Movement condemned the arrests of AYah PIn and his followers as "unconstitutional". "Article 3(1) of our Constitution also indicates that 'other religions may be practiced in peace and harmony in any part of the Federation'," their letter stated.

65-year old Ayah Pin (aka Ariffin Mohamad) had been jailed for 11 months by the Syariah Court in 2001, after he pleaded guilty to "belittling Islam". He fled the country, apparently going to Thailand. He made a brief reappearance in Malaysia in September, according to New Straits Times, quoted in the Religion Blogspot.

A democracy allows people freedom of choice. As long as people are denied freedom of choice when it comes to matters of religion, then they are being denied a basic democratic right. As long as the Syariah Courts continue to exert their powers to prevent people like the followers of the Sky Kingdom from "leaving Islam" and punishes them with jail as a consequence of not being "good Muslims", a country has shaky grounds for calling itself a democracy.

When High Courts claim that they have no power to challenge decisions of the Syariah Court, as in the case of Mrs Moorthy and the case of Kamariah and Daud, Malaysia is a country which is unable to provide true justice to its citizens. Both cases fell foul of Article 121 (1A) of Malaysia's constitution, which states that civil courts have no jurisdiction on "any matter" which falls within the jurisdiction of the Syariah courts.

On December 22 a controversial "Islamic Family Law" Bill was passed in Malaysia's parliament. This bill openly discriminates against women and their children. According to Dawn, it "makes divorce and polygamy easy and allows husbands to lay claim to the wife's properties, even to the extent of freezing the bank accounts of former spouses and their children."

Until its constitutional claim that its citizens have a right to religious freedom is enforced, with the emasculation or abolishment of the Syariah Courts, Malaysia has no right to be called a democracy. It is an Islamofascist state masquerading, rather shabbily, as a democracy.

UPDATE: An appraisal by the US State Department, the International Religious Freedom Report 2005 has good information.

Posted by Giraldus Cambrensis at January 3, 2006 8:17 PM

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