Sunday, August 10, 2008

Perkara 121 (1A) Perlembagaan Persekutuan

Due to recent times, this article of the constitution has been questioned a few times over the years. I think it is outrageous that anyone would do anything to question the authority of this article. First and fore most let me reiterate the reason for this post.

On 9th August a forum held by the Lawyers Council (Majlis Peguam) was scheduled to be held with the forum basically questioning the above mentioned article. So for those who do not understand what is the big deal, well basically the article says that the Syariah Court is not under any jurisdiction whether The High Court or the Sabah Sarawak High Court and that it acts on its own jurisdiction which should be respected by all forms of legal body in the country. This is to ensure that all Islamic matter will be handled by the Syariah court without interference from any other party be it civil and high court. This allows for a surmountable amount of legal power for muslims. So why are people afraid of it? Well most non-muslims find that getting out of Islam is not as easy as they got in it. So those who are trying to get out of Islam cannot seek help from civil lawyers but rather a syariah lawyer and all Syariah lawyers are definitly not going to go against the article.

I think it is sheer lunacy and idiocy to go against this article of the constitution and i think its a good thing the forum was stopped rather than allowing it to proceed further and i think it is a good thing that it happened.

Over the years there have been countless questions regarding the Malay issue and the Islam Issue. Both of course being treated in the same manner. Over the years we have always compromised the Malay Issue. We allowed for the meritocracy system and we allowed non-malays to enter malay institution such as MARA and such, over the years we have compromised. In 1988 this particular article which was included in the 1957/58 write up was amended and at the time everyone saw it as a step back for islam and yet everything went on as usual. 20 years later that want us to take another step back.

I am angered at this, only for one reason. If there was no idea of social contract between the three races in our society i wouldnt have minded. But our founding fathers sat down on one table and decided that the indians and chinese will respect these few things or priviliges which were given to Malays and Muslims. They both agreed. All agreed. How can you turn back 51 years from that time and tell us you dont wish to obey it? Yes some things needs to change and in todays time the definition might have gotten blurred, but it is up to us to change it, not others. Up to the malays, why>?? because we were the ones who put it on the table, so if we refuse to change it,if we say no matter how hard it is, you should accept it, why? because your grandfathers agreed to it and our grandfathers agreed to it.

If these things are not questioned then it will never be a problem. But if you question it then we will have to react.

Salah rasanya kalau aku sendiri tidak berbahasa untuk meminta orang berbudi. Kata melayu ada menyebut "jangan kau sentuh! Agama, Sultan dan keluarga Melayu..." I remind everyone of the Malayan Union, we stood up against tyrants for our Sultan, and we will stand even stronger if the matter or cause for offence is our religion. We Will REACT. Please do not make us.

p/s - I am not a racist... but then again if people who read this thinks so... i do not care. I just believe in a promise all the races made a long time ago. Remember we have never asked you to stop building your temples or churches. we have never stopped you from doing anything except that in which has been mentioned cannot be done. Do not make us react in a manner that will leave all of non-malays out of the governing body.


mAshe said...

hehe. im jst sharing my opinion
i do undrstand the terms that come with the term 'bumiputra'
n tht also means bumiputras wll always hve mre rights on our blessd malaysia
bt i just believe that its just overboard sometimes

coz when it comes to talent and education
i dont think its fair, or even justly to discriminize the right for a proper and affordable education based on race

i agree with dr. M, that malays should stop relying on their 'clutch', cause that will make them weaker

bt i also agree with dr. M, when he said tht some things shldnt be questiond rite in the face
as tht wld jeopardize the balance of malaysia
howvr we hve to admit whn injustice happens, injustice happend

im nt talkng abt whch evr parent tht changed religion, as thts one of th thngs tht are personal choices in ths age of time
im talkng abt th child, tht ws being treatd injustly
specifically, so one day whn he/she grows up, they wont resent the religion tht strippd them of their mother

so im sayng, wht the bar council shldve done ws made a closed meeting
n th results of th meeting presentd to th govrnment
so th rights n welfare of th child guaranteed
n causng no chaos in th process
n im also sayng tht altho bumiputras wll alwys hve their rights, bt no race or religion shld b deprived frm their human rights
n malaysia shld appreciate and benefit frm talent n brilliantness frm all races

i lived most of childhood in uk, n my grandmother is chinese
so i might b wrong
n i might nt b th rght person to talk abt religion
bt wht i do know is tht a muslim also respects n protects th rights of non-muslims
n tht hs been provd in so many occasions in islamic hstory
n i blieve wth all my heart tht islam is a fair n just religion

peace out!

Hanafee said...

Dear mashe...

Thank you for your insight... i always appreciate it when people speak their mind (or write their mind) and what you say is not wrong. As a matter a fact your suggestion that the bar council made a closed hearing and present their findings is right on the dot!!!!

I had the same thought actually and then it hit me...

If someone like me... can think of common sense like that.... why cant these brilliant lawyers think the same???

they have thought about it... which makes me question their motives.. is it really to solve something??? or saje nak cari pasal???its like... i give you an example...

three friends Chinese indian and malay... every friday they halt their work because the malay kena sembahyang jumaat... the indian turns to chinese and say "alah leceh lah kene tunggu..." the chinese agrees... but they keep quiet.. they dont let the malay know.. imagine if the indian had said it in the malays face... what do you think would happen??????

It is true in islamic history Islam has always been the bigger religion... the better religion... understanding... forgiving... respectful... but remember that Allah wanted the Prophet (S.A.W) to declare war when i got out of hand...

The nation that is malaysia is built on the fact that if you say nothing of my religion, race or king (Sultan) then we'll get along fine...

Everyone knows this... everyone... Tun Sambathan knew this when he agreed to the social contract... and so did Tun Tan Cheng Lock...

So the question... if they already knew this concept of pantang... Why do it??? Why?

I respect everyone... just as long as they respect me... i will say nothing of other religion as long as they say nothing of my religion... but ask yourself this... if we as muslims were living in a Christian country or Hindu or Buddhist country and we say something that opposes their religion (Buddhist, Hindu or Christian) how would they react to us????

Thanks for reading.. keep reading ya!!!!!