Who caused the confusion about the forum, and why?

Posted on August 13, 2008

49


Petition Update at 8.59am ( Thanks for the shove, BigJoe ) : Signatures this morning stands at 5,370. If you have not as yet signed the petition, you may access the same HERE.

____________________________

This comes in several parts.

__________________________________

Did the title of the forum, Conversion to Islam: Article 121(1a) of the Federal Constitution: Subashini and Shamala Revisited really cause such confusion amongst our ministers, amongst the UMNO, PAS and PKR leaders, and amongst the self-proclaimed Muslim student leaders?

And if it did, did not the Bar Council adequately clarify?

Star online reports :

‘In a statement yesterday, Bar Council vice-chairman Ragunath Kesavan reiterated that their concern was to address the issues of laws facing families caught between the separate jurisdictions of civil and syariah laws.

“We recognise and respect Article 121(1A). However, there is a strong viewpoint that it is unjust to compel anyone to be subjected to laws and courts that are based on a religion that they do not profess, and this viewpoint must be addressed.

…Although open to everyone, Ragunath said they were taking the necessary precautions to ensure that the dialogue took place in a controlled and constructive manner, by holding it in a closed setting and by requiring participants to register for the event.

…”The forum is not about conversion per se, as the Bar Council endorses the absolute right of individuals to embrace Islam. Instead, the forum will address the ancillary issues that arise from such situations and will emphasise the need for laws and a judicial system that protects everyone equally,” he added’

Whilst we’re on the matter of this Star online report, I want to draw your attention to one other sentence in that report.

‘Article 121(1A) confers syariah jurisdiction over Muslims on syariah courts’

This statement, like so many others we see in the MSM, feed and stoke a gross misconception of the purport of Article 121(1A) which many are only too pleased to see continue.

And the MSM time and again obliges!

To understand what Article 121(1A) says, you would need to also have sight of the amended Article 121(1), both of which I now reproduce below :

121. Judicial power of the Federation.

(1) There shall be two High Courts of co-ordinate jurisdiction and status, namely –

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry at such place in the States of Malaya as the Yang di-Pertuan Agong may determine; and

(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di- Pertuan Agong may determine;

and such inferior courts as may be provided by federal law and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.

(1A) The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

(1A) merely states that the courts in clause (1) shall not have jurisdiction with regard to matters within the jurisdiction of the Syariah courts. It does not state what is within the jurisdiction of the Syariah courts.

Please don’t take my word.

In 1996, the present Lord Chief Justice, Abdul Hamid Mohamad, whilst still a judge of the High Court, made the following pronouncement of the law in the case of Lim Chan Seng :

‘Apakah kesan peruntukan Perkara 121 (1A) itu? Perkara 121 (1A) bukan memberi bidangkuasa kepada Mahkamah Syariah.

Tetapi ia cuma mengatakan jika sesuatu perkara itu terletak dalam bidangkuasa Mahkamah Syariah maka Mahkamah Tinggi dan Mahkamah bawahan (kesemuanya saya akan sebut “Mahkamah Sivil”) tidak mempunyai bidangkuasa mengenainya’

For those of you who may be inclined to read the judgment in full, comprising some 31 pages, the same in pdf is linked below. The excerpt I have quoted above is to be found at page 241 of the report.

lim-chan-seng

Next time someone tells you that with the advent of Article 121(1A), the Syariah courts and the civil High courts are equal in stature, please tell them that it is a great sin in Islam to lie.

To put this issue beyond doubt, let me again state as loudly and as clearly as I can what I and so many with whom I work with have been saying for as long as i can remember.

We have no desire whatsoever to have Article 121(1A) repealed, amended or done away with.

Why?

121(1A) added nothing to nor subtracted anything from the law as it then was in 1988.

121(1A) is benign, save and except when interpreted and applied by dishonest judges who read into it a meaning and effect that cannot be sustained by the words comprised therein.

Sorry, I digress.

Was not the clarification by the Bar Council sufficient?

Or did it suit the agenda of certain quarters that the Bar Council forum should be portrayed as an initiative to vilify Islam and Muslims?

If so, who, and what was the agenda?

What gave these protesters the impression that the forum was about ‘cabar Islam’ or ‘gugat Islam’?

What steps did these protesters take to try and ascertain what was going to be discussed at the forum?

And if they had not checked for themselves, who told them so, and why?

Might it be the very same people who went to all the trouble to have these posters printed and distributed?

Who are they, and why?

And if the forum was about ‘cabar Islam’ or ‘gugat Islam’, as suggested by this racist from Gabungan Pelajar Melayu Semenanjung (GPMS) who threatened the forum attendees with “I represent Umno. Stop this forum, don’t insult Islam. You! Chinese, Indians, go to hell”, what then moved Professor Mehrun Siraj to say in response, “You are wakil UMNO, saya wakil orang Islam…Sebagai orang Islam kita mesti bertindak dengan cara yang baik”

Prof Mehrun also said, after the forum had been rudely interrupted :

‘Saya sebagai seorang Islam yang mempertahankan Perkara 121(1A) perlembagaan Malaysia,hadir pada forum ini sebab saya percaya cara untuk menyelesaikan apa-apa pertikaian antara orang Islam dengan orang bukan Islam adalah dengan cara perbincangan dan menerangkan kepada orang yang bukan Islam’

What you must know is that Prof Mehrun is married to Tuan Haji Sulaiman, who is standing next to her in the photo above. Tuan Haji Sulaiman appeared both in the Court of Appeal and the Federal Court in the Lina Joy case, arguing against Lina’s case. Given that she spoke out in favour of the forum, was she there, together with her husband to ‘cabar Islam’ or ‘gugat Islam’?

Why was Haniff Khatri Abdullah at the forum as one of the speakers? In case you do not already know, Haniff appeared as lead counsel for the husband in the Subashini case from the High Court through to the Federal Court. Was he there to ‘cabar Islam’ or ‘gugat Islam’?

What about this reaction as reported on the Bar Website :

‘A member of the public, describing himself as a ‘concerned citizen’, when interviewed, admitted that he arrived early and registered for the forum with intention to voice out his dissatisfaction in the forum for challenging the right of Islam and Muslims in this country. He came down from the forum expressing his satisfaction saying that the forum was a good effort. That the forum, instead, discussed the predicament faced by the non-Muslim families of the converts. He concurred with the Bar Council that these unresolved issues need to be ironed out and brought to the open. He was glad that he made the effort to join the forum and found the true intention of the Bar Council, despite it starting out of curiosity and hostility. He also expressed his sympathy towards the crowd whom, he said, were clueless and had no idea that they were fighting against something that does not exist’

Posted in: Free the people