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Saturday, June 3, 2017

Did Zahid call Malaysia an Islamic state?

The DPM would be wrong if he did so at a recent buka puasa event, says Tawfik Ismail.
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PETALING JAYA: A prominent opponent of theocratic governance, Tawfik Ismail, has questioned whether Deputy Prime Minister Ahmad Zahid Hamidi was calling the country an Islamic state during a recent breaking of fast gathering in Alor Setar.
He said Zahid would be wrong if it was true that he rejected the notion that Malaysia was a secular state.
He was referring to a Bernama report that quoted the deputy prime minister as saying that those who claimed this country was secular should first have a look at the Federal Constitution. He said the constitution placed Islam as the official religion and referred to the country as a Muslim country.
“It would be more accurate to call the country a Muslim-majority country. That would be factual,” Tawfik told FMT.
“The constitution and the doctrine of separation of powers, the sultans’ role as heads of religion in their respective states, the notion of equality under the law, the right of everyone to stand for public office regardless of race or religion all guarantee that Malaysia is a secular country.”
Tawfik, who is a former Umno member and one-term MP of Sungai Benut, said Islam’s position as the country’s official religion gave little support to the argument that the country wasn’t secular.
“I think it means the sovereign or king is Muslim and therefore Islam is considered the official religion, just like the Queen in England is head of the church.
“You could say ours is a hybrid system because we have many races practising many religions allowed under the constitution. Just because the majority of Malaysians are Malays and Malays are defined under the constitution as Muslims, making Islam the dominant religion, it doesn’t dominate other faiths.”
Bebas spokesperson Azrul Khalib also spoke on the matter, agreeing that the constitution did not put Islam in a position to dominate other religions.
“It’s important to realise that nowhere does the constitution ever intend for the country to be an Islamic state,” he told FMT.
“At the end of the day, it needs to be emphasised that the position of Islam as the official religion of the federation should not be a reference or a tool to bludgeon people of other religions into submitting to Islam.”
He said that as much as it was important to look at the constitution to see that the country was a secular state, people should also look at court rulings affirming this.
“The supremacy of secular law in Malaysia was upheld in 1988 in the Supreme Court case of Che Omar bin Che Soh vs Public Prosecutor in which the Supreme Court rejected the argument that the death penalty for drug trafficking was unconstitutional for offending the principles of Islam,” he said.
“The court said Article 3 of the Federal Constitution recognises Islam as the religion of the federation but it does not allude to Malaysia being an Islamic state, confirming that the country is secular.
“We need to remember the second part of Article 3, which reads ‘Islam is the religion of the federation, but other religions may be practised in peace and harmony in any part of the federation.’ Therefore, Article 3 should not be used to impose dominance on non-Muslims or insist on religious superiority.” -FMT

1 comment:

  1. Just to share this - Citation for Che Soh Che Omar (1988) 2 MLJ 55 - https://malaysiansmustknowthetruth.blogspot.my/2017/06/the-real-interpretation-of-che-soh-che.html

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