Legal experts reject proposal on Rukunegara

A group of 31 lawyers and academics specialising in law today rejected suggestions for the Rukunegara to be included as a preamble to the Federal Constitution.

In a roundtable discussion organised by Perkasa today, the group agreed that the history behind the formulation of the Rukunegara and constitution were different.

"If the Rukunegara becomes a preamble to the constitution, it will create new interpretations which will affect the special rights of the Malays under Article 153 of the constitution as well as Islam's position as a federal religion under Article 3 and 11," read the resolution following the discussion.

They also expressed concern that should the Rukunegara be made the preamble, some might perceive that it takes precedence over the the constitution.

"If the Rukunegara becomes a preamble to the constitution, there will be new confusing or unclear elements, in the interpretation of the law."

The group also argued that the basis of the constitution was already complete and should not be amended.

'Stop pressing the issue'

In a press conference later, Perkasa president Ibrahim Ali said that the resolutions will be fine-tuned before being submitted to the Yang di-Pertuan Agong, Conference of Rulers, the prime minister as well as parliamentarians and senators in a month's time.

"We not only want to ensure that the efforts of certain quarters to include the Rukunegara as a preamble to the constitution to be rejected, we also want to ask these quarters to stop such efforts."

He said it was better for this group to focus on giving suggestions to the government on how to strengthen the Rukunegara

"We welcome that very much, but to make the Rukunegara as a preamble, we oppose it strongly."

Academic Chandra Muzaffar, constitutional law expert Shad Saleem Faruqi and a group of prominent activists have started a campaign on adopting the Rukunegara as the preamble of the Federal Constitution in order help guide the nation's policies.

The group intends to petition the Conference of Rulers on this matter, as it was the Yang di-Pertuan Agong who had in 1970 first declared the Rukun Negara, which was drafted by under the Abdul Razak Hussein administration following the 1969 race riots.

Ceremonial in nature

Meanwhile, Universiti Islam Antarabangsa (UIA) law professor Shamrahayu Abdul Aziz, who was one of the panelists in the roundtable discussion earlier today, said that a second preamble will be created or even a third - both interpretative and substantive in nature - should the Rukunegara become a preamble to the constitution.

"If you look at the history of the Rukunegara and constitution, both are very different," she pointed out.

For example, the Rukunegara was formulated specifically for the issue of unity, which is merely one aspect of the constitution.

Muslim Lawyers Association president Zainul Rijal Abu Bakar, also pointed out how the Rukun Negara was ceremonial in nature.

"When it becomes substantive and interpretative, then everyone has to have belief in God, for example.

"This will affect those who do not have any religion, like the Orang Asli.

"Currently, it is not a constitutional obligation for Malaysians to have a religion if it is not placed as a preamble," he added.- Mkini