Malaysia’s destiny is with the supremacy of Malay rulers

 

In recent days, I have had the opportunity to reflect on my own personal destiny, and that of this beloved country.

Readers of this column will know that I was not born here but in the land which my ancestors mushroomed in Thopputhurai, India, which was within walking distance from the Sivan Temple at Vedarnyam, built about 2,000 years ago.

That temple and its surroundings is popularly recognised for the contribution of Agasthiyar, a person of great knowledge who held the position of a legendary Indian saint in that country’s epics.

He is said to have been sent by the Divine Lords of India with instruction to walk from the north of India to its south to establish the rule of law and balance the world with economic equality at a time when evil forces had deprived the world of justice.

My village Thopputhurai, which is part of Vedarnyam, is in the south of India. Thus, over the years, Vedarnyam and its surroundings became a historical centre for learning. It was the place to propagate social justice via religious teachings to achieve peace, prosperity and harmony. Importantly, it facilitated other religions and cultures, too.

It was a common practice then when a child was born, for the local brahmin priest to visit the family home irrespective of race, religious affiliation or caste, in order to present an astrological chart of the infant and bless the child.

This chart was an important constitution of destiny for most Indians who practiced Hinduism. All auspicious events of the person would be fixed based on an interpretation of the chart, including marriage, the construction of a house, and just about every other important personal event.

This complex science of prediction is an ongoing learning endeavour, involving millions of gurus all around the world.

Malaysia’s Federal Constitution is a bit like that astrological chart, although it is a chart for judicial interpretation from time to time rather than predictions.

Some jurists have described it as the document of destiny for all Malaysians. It is in that sense that I say it has similarities with the Indian astrological chart.

Our chart, by which I mean the constitution, will only be beneficial to Malaysia if interpreted according to the rule of law, as opposed to the art of rhetoric.

I have witnessed this art of rhetoric many times, both as lawyer and judge. Jurists are famous for saying they “agree to disagree”, which only gives rise to an impasse.

Unlike law, doctors cannot survive on rhetoric. Medicine is an area of pure science and must be practiced as such. Otherwise, doctors are bound to be subjected to professional negligence lawsuits.

Our constitution is the trust document that guarantees peace, prosperity, harmony and economic success for all Malaysians through the application of the rule of law.

The constitution entrusts the country into the hands of the Malay rulers, who are assisted by the three pillars, the executive, legislature and judiciary, and their respective agencies. They are licensed to govern, not in accordance with a rule by law, but according to the rule of law without infringing the Rukun Negara and without the patent or latent abuses of power.

It is sad and disappointing to note that the government, since independence, has not budgeted sufficient funds to educate Malaysians on the constitution, the trust document for unity and survival of Malaysia.

To date, all we have heard are the voices of a few jurists claiming to cite the supremacy of the constitution and dancing on that platform to seek reliefs that do not result in the promulgation of the rule of law in this country, but instead leads to its breakdown and decay.

This, in my humble view has led to what I believe is probably the most insane act to date that any Malaysian, in the absence of the attorney-general, could have attempted in challenging the supremacy of Malay Rulers, their functions, powers and prerogative rights.

In my previous column, I had said that the loss of the right of appeal to the Privy Council saw the country lose an important check-and-balance provided in our document of destiny which resulted in the destruction of the rule of law and social justice.

On top of that, in my view, the forming of a coalition or unity government comprising less than fifty percent of Malay MPs from West Malaysia (excluding political frogs) is likely to face challenges in administering the country in a peaceful manner, giving rise to challenges in upholding the supremacy of the Malay rulers as well as Malay rights.

Malaysians from all works of life must relearn the constitution and recognise the real intent of the document – beginning with why the Malay rulers were put in their supreme position and why Islam was made the official religion, followed by the true reason for the protection of Malay rights and the constitutional rights given to all Malaysians regardless of race, colour or creed.

These rights must be practiced in harmony, not in competition with one another.

For that to happen, all government functionaries must adhere wholly to the oath of office specifically provided for in the constitution. In my view, this is the only way to ensure that the separation of powers is not practiced as a myth.

Jurists must also avoid continuously articulating an inaccurate interpretation of the structure of the constitution and see it for what it really is.

I suppose it was my personal destiny that the Almighty would send me from Thopputhurai to educate Malaysians on the rule of law and the sacrosanct provisions of the constitution. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.