Need to steer M’sia away from religious and ethnic pitfalls

We are not sure where Malaysia, as a multi-religious and multi-ethnic nation, is heading towards with regard to religious and cultural tolerance.

For many years after Independence, it was all talk about ‘Malay dominance’ or ‘ketuanan Melayu’, and the religion of Islam took a secondary role, it merely reinforced Malay dominance. However, in the last decade or so, Malay dominance seems to be giving way to ‘Islamic dominance’, and ethnicity invariably plays a role in this.

While it is agreed that the nature of politics is largely responsible for the current state of affairs, but then such kind of politics is causing a tremendous rift between the Muslims and non-Muslims in the country. Unfortunately, we don’t have the kind of leaders who will be able to administratively steer the country away from religious and ethnic pitfalls.

The case of M Indira Gandhi, in which her three children were unilaterally converted to Islam by her former husband, has caused irreparable damage to Malaysia’s reputation as a civilised nation. It has raised concerns and fears about the fate of non-Muslims communities in Malaysia. There is growing fear that the state/Muslim authorities will use Islam to further alienate non-Muslims in the country.

Although an Ipoh High Court quashed the unilateral conversion of the three children, recently the Court of Appeal has overturned this decision and asked the mother to seek relief in the Syariah Court.

It does not make sense for the mother who is Hindu to take her case to the Syariah Court, which is meant only for Muslims. Indira has rejected this suggestion and instead she is already filing her case in the Federal Court, the final court of appeal.

What is not understandable in Malaysia is the fact that one of the highest courts in Malaysia, the Court of Appeal, has clearly abdicated its larger constitutional role to a lesser religious court, the Syariah Court. Whether the Federal Court will do the same or able to reach a landmark decision is left to be seen. There are already fears expressed that the Federal Court might not take a bold decision to reassure the concerns and sentiments of non-Muslims.

Court decisions have a powerful impact on race and religious relations in the country. The decision by the Appeals Court has taken Malaysians by surprise. Zaid Ibrahim, a former law minister, was shocked and expressed his sadness by expressing his support for Indira, the mother.

Many other Malay Muslims, especially those holding prominent positions, have expressed disgust at the manner that Islam is administered in the country and how it is being used as a tool of political repression or division.

The much-talked-about cabinet decision of 2009 that ruled that children should be raised in the religion of parents at the time of marriage has been cast aside for political expediency. Cabinet ministers hardly talk about the subject. They find it convenient to leave the matters for the courts to decide.

The judiciary as a whole is conservative in the country. They dare not make decisions that are in keeping with the spirit of the constitution. There are courageous ones, however, their influence and judicial pronouncement are limited and do not make a huge impact.

The higher the courts are in the hierarchy, the more conservative they get. When it comes to decisions on religious matters, there is a tendency to shift the responsibility to the Syariah Court, as happened in the case of Indira.

Very subservient role

Over the years and given the assault on the judiciary by former prime minister Dr Mahathir Mohamad, the courts in Malaysia have taken a very subservient role to the executive. The question of checks and balances do not arise in the first place. The maxim is, do not disturb the status quo.

If cases involving Muslims and non-Muslims are left to be adjudicated by the Syariah Court, then there is no justice for non-Muslims in the country. If there is no political alternative to reform or change the current system, then it befalls on non-Muslims to think of other democratic ways to safeguard their religious and cultural rights. The Islamic juggernaut that intrudes into the cultural and religious realms must be stopped. The courts are a poor choice.

All the good work done to build up strong inter-ethnic or inter-religious relations have gone to the wind. Even PAS, that once used to talk about understanding and the need to maintain good relations between Muslims and non-Muslims, has undergone a change of heart.

In fact, a PAS leader went to the extent of praising the decision of the Court of Appeal in quashing the decision of the Ipoh High Court in not allowing the appeal of Indira. If non-Muslims have friends in PAS, then there is no need for enemies.

It goes without much elaboration that Indira’s legal debacle is related to the fact that she is a Hindu. If she had been a Muslim, things would have been different.

The former husband allegedly used Islam to punish his wife. A pure domestic dispute between both turned out to be so monstrous that her husband allegedly used the state apparatus to inflict maximum punishment on the wife and the Hindu community in Malaysia.

But unfortunately, the Islamic authorities while they preach about the greatness of Islam and how Islam is forgiving and merciful, have simply allowed themselves to be used by Indira’s husband to inflict a state-led punishment on her and her three children,

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P RAMASAMY is Deputy Chief Minister II of Penang and the state assemblyperson for Perai. -Mkini