(Penang, Sunday): After the
“929 declaration” of the Prime Minister, Datuk Seri Dr. Mahathir Mohamad at
the Gerakan national delegates’ conference on September 29 last year, Barisan
Nasional leaders including Gerakan President and Primary Industries Minister,
Datuk Seri Dr. Lim Keng Yaik had sought to assure Malaysians that Mahathir’s
declaration that Malaysia is an Islamic state was not “a statement of
intent” as the statement
was “a fact and the reality that exists” for 44 years and that there was no
intention to amend the
Constitution.
The
overwhelming majority of Malaysians, regardless of race or religion, will not
agree that Malaysia is today “in fact and reality” an Islamic State,
especially when for 44 years of nation-building, there has been no dispute
whatsoever in the
constitutional, political and legal
history of the country that Malaysia is a democratic, secular, multi-religious,
tolerant and progressive nation with Islam as the official religion and that Malaysia is not an
Islamic state.
In these
circumstances, assurances by government leaders that there would be no change to
the status quo or the Constitution as a result of the “929 Declaration” are
most unimpressive and unconvincing, especially as in the past eight months after
the 929 Declaration, there had been increasing calls to either fully implement
the “final objective” of an Islamic
State in Malaysia or to amend the Constitution to prepare for
such a “final objective”.
Ten days
ago, former Federal Court judge,
a professor at the International Islamic University Malaysia and
currently Suhakam Deputy Chairman, Tan Sri Harun Hashim, publicly called for the
amendment of the Constitution to put beyond a shadow of doubt that Malaysia is
an Islamic state in line with the “929 Declaration”.
Harun made
the startling declaration and interpretation 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”.
He then went
on to propose 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’s
proposal for the amendment of the Constitution must be taken seriously as it is
the first “fruit” of the “929 Declaration”, as the government sent a
delegation headed by Harun to
four Middle Eastern countries at the end of the year
to study various aspects of the syariah law and its implementation in
Islamic countries. The countries
visited to study the standardisation, codification and administration of Islamic
laws were Saudi Arabia, Egypt, the
United Arab Emirates and Jordan.
Up to now,
neither Keng Yaik nor Gerakan had taken a public stand on Harun’s
misinterpretation of Article 3 as the constitutional basis for an Islamic State
or his proposal to amend Article 4 of the Constitution to remove any doubts
whatsoever about the status of Malaysia as an Islamic State.
Harun’s
proposal is only the first step towards the full implementation of the “final
objective” of an Islamic State, if the “929 Declaration” is given national
endorsement by the multi-racial, multi-lingual, multi-cultural and
multi-religious Malaysian civil society and citizenry in the next general
election.
The “final
objective” to fully implement an Islamic State in Malaysia, including the
amendment of the Constitution, have been spelt out clearly in government
documents, whether in print or on official websites, after the “929
Declaration” and they constitute two important elements, viz:
There are
two articles on the website of JAKIM, the Depatment of Islamic Development in
the Prime Minister’s Department, (http://www.islam.gov.my), which throw more
light on the “final objective”
to implement an Islamic state in all its full perfection in Malaysia after
declaring that the question of Malaysia as an Islamic state
is no longer open to dispute.
The two
articles on the JAKIM website are “Malaysia
Negara Islam - oleh Jabatan Kemajuan Islam Malaysia” and “Konsep Negara
Islam” by Dr. Abd. Halim El Muhammady, Fakulti Undang-Undang, Universiti
Kebangsaan Malaysia.
The second
article advocated the amendment of all Federal laws, the Federal
Constitution and state laws which are obstacles to the full establishment of a perfect Islamic State,
stating:
“Oleh
itu bagi memudahkan proses penyatuan umat di masa depan kita perlu menerima
sebagai suatu kenyataan bahawa negara ini ialah sebuah negara Islam. Dengan
menerima negara ini sebagai sebuah negara Islam bukan bermakna ianya telah
selesai segala tuntutannya. Kesempurnaannya perlu kepada pengisian daripada kita,
sama juga seorang Muslim yang diakui sebagai Muslim selepas mengucap dua kalimah
syahadah bukan bermakna Muslimnya sudah sempurna, kesempurnaan Islamnya
bergantung kepada proses peningkatan ilmu & penghayatan Islam pada dirinya.”
Keng Yaik
should declare the Gerakan stand on the “final objective” of the “929
Declaration” to fully implement
the Islamic State, including amendments to the Constitution after the next
general election.
Those who
claim that it is now no more open to dispute
that Malaysia is an Islamic State as a result of the “929
Declaration” are trying to foist a completely baseless and fallacious doctrine
on Malaysians, in utter disregard of the 44-year 1957 Merdeka Constitution and
“social contract” reached by our forefathers from the major
communities and the peoples of Sabah and Sarawak that Malaysia is a democratic,
secular, multi-religious, tolerant and progressive Malaysia with Islam as the
official religion but Malaysia is not an Islamic State.
This is why
the “No to 911, No to 929, Yes to 1957” People’s Awareness Campaign has
been launched to conscientise and mobilize Malaysians, regardless of race,
religion or political party, to unite and defend the 1957 Merdeka Constitution
and “social contract” by sending out a clear and unmistakable message in the
next general election expected in less than 12 months to reject the “929
Declaration” and demonstrate that it could receive no
national endorsement by the multi-racial, multi-lingual, multi-cultural
and multi-religious electorate.
(19/5/2002)