The irascible de facto Law Minister in the Malaysian government,
Mohamad Nazri Abdul Aziz, has made an ominous announcement,
reported in the Malaysian Daily Star and Australia's
News.com.
Aziz, of the UMNO (United Malays National Organisation) party made
headlines in June last year, when he shouted "Racist!" 28 times in
Parliament, and later refused requests from the Democratic Action
Party (DAP) to apologise.
The Law Minister said that anyone who criticised Islam would be
tried under the Sedition Act, a legacy of British colonial rule,
which existed in Malaysia before its independence in 1957.
Recently, there has been international condemnation of the bizarre
constitution in Malaysia. According to Article 3(1) of the
constitution, "other religions may be practiced in peace and
harmony in any part of the Federation." Article 11 of the
constitution states that a citizen can follow any religion of their
choosing.
However, this is directly contradicted by Article 121 (1A), which
was introduced in 1988. This states that civil courts have no
jurisdiction over "any matter" which falls under the jurisdiction
of the Syariah Courts (Sharia courts). As only the Sharia courts
can rule on cases of apostasy, no Muslim is allowed to leave Islam,
and can be consequently jailed for "belittling Islam".
On December 8 this contradiction created a scandal when a disabled
former mountaineer, who had ascended Everest and been a national
hero and a Hindu, died. The sharia courts decided as he lay in a
coma that M. Moorthy was a Muslim. His wife Kaliammal petitioned
the High Court to allow his body to be released for a Hindu
cremation. The High Court judge ruled that he could do nothing, and
Moorthy's body was taken away and given a Muslim funeral.
The tyranny of the Islamic courts, which have commissions in all 13
states of Malaysia, mean that no person has ever been allowed to
leave Islam while alive. The only person allowed to apostasise was
an 89-year old Buddhist woman, Nyonya Tahir, who was only allowed
this privilege after her death.
Many states have adopted a controversial Control and Restriction
Bill, which allows fines of 10,000 ringit or $2,653 and terms of
imprisonment for up to one year for anyone guilty of "persuading,
influencing a Muslim to leave Islam for another religion."
Only 60% of the country are Muslim, and these are mainly ethnic
Malays. The remaining 40% have felt threatened by the encroachment
of Islam into their lives, particularly following the Moorthy case.
30 Hindu groups have formed the Hindu Rights Action Force (HRAF) to
counter the effects of sharia law. The Deputy Prime Minister, Najib
Razak, promised on January 14 that the courts will work to ensure
that non-Muslims and Muslims will "have redress" under the
law.
But the tide of Islamic extremism is hard to beat. The leader of
the opposition, Lim Kit Sang, has stated that the constitution
should revert to its pre-1988 position before the contentious
Article 121 (A) was introduced. On 12 January, a delegation of
eight Islamic groups petitioned for the controversial article not
to be revoked.
This month, Marina Mahathir, feminist and rights activist, and also
the daughter of the former prime minister Mahathir Mohammad, wrote
an article in the Malaysia Star criticising the way that Islam in
Malaysia was oppressing women. She cited the controversial Islamic
Family Law Bill which makes it easier for husbands to divorce their
wives, encourages polygamy, and allows a husband to seize assets of
former wives and their offspring.
So the current proclamations of the Law Minister appear to be in
direct contradiction to the bland platitudes of the Deputy Prime
Minister. Far from ensuring redress, Datuk Seri Mohamad Nazri Abdul
Aziz seems to prefer threatening critics of Islam into silence. By
saying the government will not hesitate to use the Sedition Act to
stifle criticism, he is in effect bringing the threat of
jail.
"We will not think twice about using this law against anybody who
incites," he said, addressing reporters in the Parliament lobby.
"But you must remember the word amok comes from this country and
there is a limit to everything." He warned that no-one should make
comments or publish articles which could be seen as "belittling
Islam".
"I want to remind non-Muslims to refrain from making statements on
something they do not understand," he added. "We do not want to
take away your rights but religion is an important matter,
especially to the Muslims."
He had previously been petitioned by a group of 43 Muslim
non-governmental organisations. This petition supported the Islamic
Family Law Bill, and said it did not contradict sharia law, nor did
it discriminate against women.
The minister brought up the issue of articles which had been
written which criticised the current situation in Islam, probably
alluding to the article by Marina Mahathir. On what non-Muslims
were to able to write about, Mohamad Nazri Abdul Aziz stated
ominously: "However, there are some things which should not be
touched on."
The penalty for transgressing against the Sedition Act can be three
years in prison, with an additional fine of up to 5,000 ringit or
$1,350.
W.R
