The
Malaysian Bar is concerned by reports that Jabatan Agama Islam Selangor
(“JAIS”, the Selangor Islamic Religious Department) had on 2 January
2014 conducted a raid on the office of the Bible Society of Malaysia
(“BSM”), confiscated more than 300 copies of the Alkitab (Bahasa
Malaysia bible) and Bup Kudus (Iban bible), and arrested the President
and the Office Manager of BSM. It is also reported that the President
and the Office Manager have been required to present themselves to JAIS
officers on 10 January 2014.
It
is alarming that the religious body or enforcement agency of one
religion would purport to have jurisdiction or purview over other
religions. This is not what is envisaged under the Federal
Constitution. The actions of JAIS are purported to have been carried
out pursuant to the Non-Islamic Religions (Control of Propagation
Amongst Muslims) Enactment No 1 of 1988 of Selangor (“said Selangor
Enactment”), in particular sections 9 to 13 thereof.
The
said Selangor Enactment is stated in its preamble to have been enacted
pursuant to Article 11(4) of the Federal Constitution, which provides
that State law may control or restrict the propagation of any religious
doctrine or belief among persons professing the religion of Islam. The
purpose of the said Selangor Enactment is therefore an enactment against
the propagation of other religions to Muslims or the proselytisation of
Muslims.
However,
section 9(1) of the said Selangor Enactment provides that a person
commits an offence if he in any published writing, or public or
broadcast speech or statement uses any of the words listed in Part I of
the Schedule “pertaining to any non-Islamic religion”. Similarly,
section 9(2) provides that a person who is not a Muslim commits an
offence if he uses any of the expressions listed in Part II of the
Schedule. Part I lists 25 Arabic words and Part II lists 10 Arabic
phrases.
It
is immediately apparent that the provisions of sections 9(1) and (2)
are general in nature and ambit, and are not confined to the purpose
stated in the preamble of the said Selangor Enactment and to the limits
proscribed in Article 11(4) of the Federal Constitution. These
provisions purport to make it an offence to merely use the listed words
or phrases. They purport to be general blanket prohibitions and
offences, irrespective of whether the words or phrases are used in the
course, or for the purpose, of propagation of a non-Islamic religion to
Muslims.
In such circumstances, resort to sections 9(1) and (2) would be ultra vires
the said Selangor Enactment itself, as they go beyond the purpose and
ambit of the said Selangor enactment as set out in its preamble, and as
self-evident in its title. The impugned provisions are also
unconstitutional, inasmuch as they are unsupported by Article 11(4) of
the Federal Constitution.
Further,
Article 11(3) of the Federal Constitution effectively provides for each
religion to be self-regulatory. This is to facilitate inter-religious
harmony. It is therefore unconstitutional for JAIS, an Islamic body or
enforcement agency, to have jurisdiction, powers and ambit over other
religions or persons professing other religions. This encroachment is
in any event against the spirit of the Federal Constitution.
Thus,
any authorisation pursuant to section 10 of the said Selangor
Enactment, or any notification or gazette purporting to vest JAIS with
such jurisdiction or powers, would be repugnant to the Federal
Constitution.
Accordingly,
the raid, seizure and arrest by JAIS were unconstitutional and illegal.
At a time when we should be exerting our energies and resources
towards national reconciliation and harmony, the actions by JAIS are
unnecessarily provocative and unwise.
We urge all Malaysians to act rationally and calmly, and continue to focus on achieving harmony and unity.
Christopher Leong
President
Malaysian Bar
No comments:
Post a Comment