Amend constitution to
protect non-Muslims, says
lawyer
Lawyer Bastian Pius Vendargon says no religion should be propagated to persons of another religion against their will or without their consent.
Lawyer Bastian Pius Vendargon said although the constitution guarantees freedom of religion, the Federal Constitution only prohibits the propagation of other religions to Muslims.
he said.This should be extended to include preaching to others as well. This should be looked at with a view to preventing the propagation of any religion to persons of another religion against their will or without their consent,
Vendargon said Article 11 of the Federal Constitution, which concerns freedom of religion, will need to be looked at again to accord non-Muslims such protection.
he said.Federal law may be passed, if necessary, to prohibit the kind of action the Terengganu mufti was reported to have advocated,
Last week, Terengganu mufti Sabri Haron controversially suggested that Muslims may enter non-Muslim houses of worship to propagate Islam. He also said visiting non-Muslim religious sites without any justification would go against Islamic law.
The mufti’s comments were criticised by an interfaith council of non-Muslim religions, which said his claim could lead to feelings of ill-will, disharmony, hatred and enmity among followers of different religions.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism also said the preaching by Muslims at non-Muslim houses of worship risks affecting the sanctity of these religious places, which may then escalate to disturbing the peace.
Vendargon said that while Sabri may hold the opinion that Muslims may visit the places of worship of Malaysians of other faiths to propagate Islam, such actions may constitute an offence under the Penal Code.
Lawyer C Vignesh Kumar Chellapah agreed, noting that Section 298A of the Penal Code makes it an offence to cause disharmony, hatred or enmity on religious grounds. If found guilty, the law provides for a prison term of between two and five years.
said the former deputy public prosecutor.Any act of propagation of any other religion in another religious place or ceremony will surely cause disharmony, hatred, ill will or feelings of enmity on grounds of religion that could potentially invite criminal liability under Section 298A of the Penal Code,
Peace and harmony
He said that while Article 11(4) of the Federal Constitution bars propagation of other religions to Muslims, Article 11(5) clearly prohibits acts that are contrary to any general law relating to public order or morality.
he said.I don’t think it is necessary (to amend the Federal Constitution) as the current legal framework is sufficient to ensure that peace and harmony in this nation is not disrupted on religious grounds,
Vignesh said the Federal Constitution must be interpreted broadly and given the utmost respect, taking into consideration the structure of the nation itself.
He said that while Article 3(1) of the Federal Constitution makes Islam the religion of the federation, other religions may be practised in
.peace and harmony
said Vignesh.The most important words here are ‘peace and harmony’. It simply means that all other religions must be allowed to coexist with Islam in ‘peace and harmony’,
Any act which can be construed as causing any hostility or provocation cannot be in accordance with the Federal Constitution. Stakeholders involved in religious matters should definitely promote peace and harmony, which the Federal Constitution implores for the sake of the rakyat.
Don’t intrude into sacred spaces
Meanwhile, constitutional law expert Philip Koh said that people’s desire to proselytise or share their beliefs must take into account the need to preserve harmony and respect between all Malaysians.
Koh also said concerns about legalities surrounding Muslims entering non-Muslim houses of worship to propagate Islam must be tempered with the understanding that the affected communities may take issue with
into their sacred spaces.intrusions
said the adjunct professor at Universiti Malaya.This view applies across all faiths. Regardless of any assertion of legal rights or religious obligations to proselytise, the unity and harmony of the wider community need to be prioritised,
Promote unity, avoid disharmony
Separately, the dean of Universiti Sains Islam Malaysia’s (USIM) faculty of Syariah and Law, Nik Salida Suhaila Nik Saleh, said that there was nothing wrong with people visiting each other’s places of worship as such interactions promote unity and peaceful co-existence.
However, she said that preaching religion at non-Muslim places of worship will put Malaysia’s multi-religious society at risk of disharmony.
she said.For Muslims, the religious principle is clear—preaching can be done anywhere, any time and to anyone, but with consideration of the proper context, sensitivities, and respect for the rights of other communities,
The 1957 Merdeka constitution already gave Malaysians freedom of religion to ALL , with just two exceptions , that Islam is the Official Religion of the Federation, and restricting the propagation of other religions to Muslims.
ReplyDeleteWhat has happened is that two minor restrictions have been exploded as all encompassing regulations reducing all Non-Muslims to abject subordinate status.
In many States, it is almost impossible to get planning authorisation to start a new Church.
New Buddhiat temples, even if they pass the obstacle course to get permits , have to look like bland office buildings on the outside.