Harun Hashim’s two startling statements  to concretise Mahathir’s 929 declaration should forewarn Malaysians that they cannot be bystanders in the second great nation-building crisis in deciding whether Malaysia preserves the  1957 Merdeka Constitution “social contract” or jettison it to become  an Islamic state

(Penang,  Friday):  In his regular “Benchmark” column in the New Straits Times  yesterday, former Federal Court judge,  a professor at the International Islamic University

Malaysia and currently Suhakam Deputy Chairman, Tan Sri Harun Hashim, made two startling statements, viz:  

• that the first part of Article 3 of the Federal Constitution which provides that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation” means “that Islam is the religion of the state which makes Malaysia an Islamic state”; and 
• that “To dispel any doubts that Malaysia is an Islamic state, Article 4 of the Constitution should be amended to finally declare that the sources of the laws of the Federation are the Quran and the Sunnah” although he adds the rider that “Such a declaration will not derogate from the provision that the Constitution is the supreme law of the Federation”.

Harun made these two startling statements when discussing the declaration by the Prime Minister, Datuk Seri Dr. Mahathir Mohamad at the Gerakan national delegates’ conference on September 29 last year ( the “929 declaration”)  that Malaysia is an Islamic state, giving his views as  how the “929 declaration” that Malaysia is an Islamic state could be  entrenched and put beyond a shadow of doubt.  

Harun’s column is  “startling” for this is the first time that Harun has come out with a public statement endorsing that Malaysia is an Islamic state, which not only  runs counter to the sheaf of historical constitutional documents , stemming back to the Reid Constitution Commission Report 1957, the White Paper on the Reid Constitution Proposals 1957 and the Cobbold Commision Report 1963, but also all legal precedents, including the decision of the  highest court of the land in  Che Omar bin Che Soh vs Public Prosecutor (1988) ruling that Malaysia is a secular and not an Islamic state.  

Delivering the  judgment of a five-man  Federal Court panel, the then Lord President Tun Salleh Abas held that the Constitution and the legal system are “secular” and held that the meaning of the expression “Islam” or “Islamic religion” in Article 3 “means only such acts as relate to rituals and ceremonies”.  

He said  that “There can be no doubt that Islam is not just a mere collection of dogmas and rituals but it is a complete way of life covering all fields of human activities, may they be private or public, legal, political, economic, social, cultural, moral or judicial” but rejected  the contention that  the terms “Islam” or “Islamic religion” in Article 3 is “an all-embracing concept, as is normally

understood, which consists not only the ritualistic aspect but also a comprehensive system of life, including its jurisprudence and moral standard” as  this was not the meaning intended by the framers of the Constitution.  

Salleh Abas’ judgment that Malaysia was a secular nation was in keeping with the interpretation of his predecessor, the late Tun Mohamed Suffian Hashim who  in 1962 defined  the scope of Islam in the constitution as being primarily for ceremonial purposes, such as the permission for prayers to be offered in the Islamic way on official public occasions such as the installation of the Yang di Pertuan Agong, his birthday, Merdeka Day and other occasions.  

The second reason why I describe  Harun’s column as “startling”  is because of his proposal for the amendment of the Constitution to “finally declare that the sources of the laws in Malaysia are the Quran and Sunnah”.  

This is not only against the various assurances issued by Barisan Nasional leaders after the “929” declaration that there would not no change in the national status quo but also no amendment  to the Constitution.  Even more serious, such a move would only open the way for the demand that the Constitution must be amended all the way to declare the Quran and the Sunnah as the sole supreme law of the land to supersede the 1957 Constitution if Malaysia  is to be a genuine Islamic state.

Harun Hashim’s two startling statements  to concretise Mahathir’s 929 declaration should forewarn Malaysians that they cannot be bystanders in the second great nation-building crisis in deciding whether Malaysia preserves the 1957 Merdeka Constitution “social contract” of a democratic, secular, multi-religious, tolerant and progressive nation with Islam as the official religion or jettison it to become  an Islamic state. 

Harun Hashim’s column confirms what DAP had been trying to tell Malaysians with little effect in the past seven months - that the “929” declaration that Malaysia is an Islamic state  portends  a tectonic shift in nation-building in Malaysia with   far-reaching implications for the political, economic, social and citizenship rights of all Malaysians and generations to come.  

This is why the DAP has launched the “No to 911, No to 929” People’s Awareness Campaign to defend and uphold the 1957 Merdeka Constitution “social contract” before it is too late, as the people has only the window of opportunity of less than 12 months before the next general election to say loud and clear “No” to the “929” declaration.

(10/5/2002)