'Seditious': Muslim lawyers group chides council over Jakim officials issue

'Seditious': Muslim lawyers group chides council over Jakim officials issue

Published: Sep 2, 2024 8:21 PM


The Malaysian Muslim Lawyers' Association has described an interfaith group’s objection against Islamic religious officers being placed in government departments as “seditious”.

Its president Muhamad Hisham Marzuki also called any move to reduce Islam to a ceremonial role Islamophobic.

"Moves by certain quarters to continue playing to the propaganda that anything Islam or syariah has no place in the public sphere in our country, save for minor ceremonial purposes, reek of Islamophobia, rooted in hatred towards Muslims and religious bodies in Malaysia,” Hisham (above) said in a statement today.

This came after the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) raised concerns over reports that Islamic Development Department (Jakim) officers will be placed in government departments to ensure decisions align with Islamic principles.

“This move has the potential to affect the constitutional safeguards - including the fundamental rights guaranteed by Articles 5 to 13, which also form the basic structure of the Constitution,” MCCBCHST said.

Malaysiakini is seeking clarification from Minister in the Prime Minister’s Department (Islamic Affairs) Mohd Na’im Mokhtar and Jakim over the report.


‘Misleading’ statement

Hisham argued that the government’s purported move was neither unconstitutional nor an encroachment.

He also said that Islam’s exalted position is embedded in the Yang di‐Pertuan Agong’s oath, according to Article 37(1) of the Federal Constitution.

Hisham cited Lina Joy’s case, where the court had ruled that Islam "is a complete way of life covering all fields of human activities”.

He also referred to the case involving The Herald, which established an obligation on the federation to encourage Muslims to adhere to Islamic practices.

"Therefore, the perceptions in the statement issued by MCCBCHST mislead public understanding and are not in accordance with the position of Islam as held in the above-decided cases,” Hisham added.


‘Unconstitutional’

In a separate statement, lawyer Haniff Khatri Abdulla called the interfaith council’s objections unconstitutional.

He said that the reference to the Che Omar Che Soh vs Public Prosecutor 1988 is incomplete without looking at Chief Justice Tengku Maimun Tuan Mat’s judgment in the Nik Elin Zurina Nik Abdul Rashid case.

Haniff Khatri Abdulla


“The judgment stated that Malaysia is not a purely secular state as ‘limited allowance has been made in the Federal Constitution for the legislation and application of Islamic law’.

“And the onus lies with the federal government to ensure the move to include Islamic religious officials in government departments will not result in marginalisation,” he added.