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March 21, 2006

Malaysia: Law Minister Makes Threats Against Non-Muslims

The irascible de facto Law Minister in the Malaysian government, Mohamad Nazri Abdul Aziz, has made an ominous announcement, reported in the Malaysian Daily Star and Australia's News.com.

Aziz, of the UMNO (United Malays National Organisation) party made headlines in June last year, when he shouted "Racist!" 28 times in Parliament, and later refused requests from the Democratic Action Party (DAP) to apologise.

The Law Minister said that anyone who criticised Islam would be tried under the Sedition Act, a legacy of British colonial rule, which existed in Malaysia before its independence in 1957.

Recently, there has been international condemnation of the bizarre constitution in Malaysia. According to Article 3(1) of the constitution, "other religions may be practiced in peace and harmony in any part of the Federation." Article 11 of the constitution states that a citizen can follow any religion of their choosing.

However, this is directly contradicted by Article 121 (1A), which was introduced in 1988. This states that civil courts have no jurisdiction over "any matter" which falls under the jurisdiction of the Syariah Courts (Sharia courts). As only the Sharia courts can rule on cases of apostasy, no Muslim is allowed to leave Islam, and can be consequently jailed for "belittling Islam".

On December 8 this contradiction created a scandal when a disabled former mountaineer, who had ascended Everest and been a national hero and a Hindu, died. The sharia courts decided as he lay in a coma that M. Moorthy was a Muslim. His wife Kaliammal petitioned the High Court to allow his body to be released for a Hindu cremation. The High Court judge ruled that he could do nothing, and Moorthy's body was taken away and given a Muslim funeral.

The tyranny of the Islamic courts, which have commissions in all 13 states of Malaysia, mean that no person has ever been allowed to leave Islam while alive. The only person allowed to apostasise was an 89-year old Buddhist woman, Nyonya Tahir, who was only allowed this privilege after her death.

Many states have adopted a controversial Control and Restriction Bill, which allows fines of 10,000 ringit or $2,653 and terms of imprisonment for up to one year for anyone guilty of "persuading, influencing a Muslim to leave Islam for another religion."

Only 60% of the country are Muslim, and these are mainly ethnic Malays. The remaining 40% have felt threatened by the encroachment of Islam into their lives, particularly following the Moorthy case. 30 Hindu groups have formed the Hindu Rights Action Force (HRAF) to counter the effects of sharia law. The Deputy Prime Minister, Najib Razak, promised on January 14 that the courts will work to ensure that non-Muslims and Muslims will "have redress" under the law.

But the tide of Islamic extremism is hard to beat. The leader of the opposition, Lim Kit Sang, has stated that the constitution should revert to its pre-1988 position before the contentious Article 121 (A) was introduced. On 12 January, a delegation of eight Islamic groups petitioned for the controversial article not to be revoked.

This month, Marina Mahathir, feminist and rights activist, and also the daughter of the former prime minister Mahathir Mohammad, wrote an article in the Malaysia Star criticising the way that Islam in Malaysia was oppressing women. She cited the controversial Islamic Family Law Bill which makes it easier for husbands to divorce their wives, encourages polygamy, and allows a husband to seize assets of former wives and their offspring.

So the current proclamations of the Law Minister appear to be in direct contradiction to the bland platitudes of the Deputy Prime Minister. Far from ensuring redress, Datuk Seri Mohamad Nazri Abdul Aziz seems to prefer threatening critics of Islam into silence. By saying the government will not hesitate to use the Sedition Act to stifle criticism, he is in effect bringing the threat of jail.

"We will not think twice about using this law against anybody who incites," he said, addressing reporters in the Parliament lobby. "But you must remember the word amok comes from this country and there is a limit to everything." He warned that no-one should make comments or publish articles which could be seen as "belittling Islam".

"I want to remind non-Muslims to refrain from making statements on something they do not understand," he added. "We do not want to take away your rights but religion is an important matter, especially to the Muslims."

He had previously been petitioned by a group of 43 Muslim non-governmental organisations. This petition supported the Islamic Family Law Bill, and said it did not contradict sharia law, nor did it discriminate against women.

The minister brought up the issue of articles which had been written which criticised the current situation in Islam, probably alluding to the article by Marina Mahathir. On what non-Muslims were to able to write about, Mohamad Nazri Abdul Aziz stated ominously: "However, there are some things which should not be touched on."

The penalty for transgressing against the Sedition Act can be three years in prison, with an additional fine of up to 5,000 ringit or $1,350.

A highly critical article on Malaysia's purported religious "freedoms" was published by the US State Department on November 18, 2005, entitled Malaysia: International Religious Freedom Report 2005. Written up before the forcible introduction of the Islamic Family Law Bill, and before the current totalitarian statements of the nation's Law Minister, already this document is out of date, and in need of re-writing.

Posted by Giraldus Cambrensis at March 21, 2006 10:10 PM

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