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Monday, July 1, 2013

How did ‘withdrawn’ religious bill get to Parliament?

Upko president Bernard Dompok said the present Bill "contravenes the Federal Constitution and runs counter to the Government’s transformation plans".

PENAMPANG: The Administration of the Religion of Islam (Federal Territories) Bill 2013 which was tabled in Parliament last Wednesday has shocked former Upko lawmaker, Bernard Dompok.

“I am surprised and disappointed that this Bill has been approved by Cabinet for tabling at Parliament.

“A few months ago I asked for its withdrawal as I felt that an earlier cabinet decision on the Law Reform (Marriage and Divorce) Act 1976 should instead be implemented.

“The cabinet paper was withdrawn, and I am therefore surprised that it is now in Parliament,” he said in a statement to Borneoinsider.

Dompok said the present Bill “contravene the Federal Constitution and runs counter to the Government’s transformation plans” especially the 1Malaysia concept of acceptance, inclusiveness and moderation.”

He said Upko lawmakers will insist that the Bill be withdrawn from Parliament and a full discussion by the Barisan National on this and related religious issues be initiated before any Bill is presented to Parliament.
The Bill has drawn all-round criticism.

Roman Catholic Bishop Paul Tan Chee Ing also described the proposed amendments to the Administration of Islamic Law (Federal Territories) on the conversion of minors as a “flagrant violation of the equality of persons’ provisions of the federal constitution”.

Diabolic move

The amendments, hinging on the use of the word ‘parent’ instead of ‘parents’, makes it legal for a father or a mother, or guardian, to convert children below the age of 18 to a religion of proprietary choice.

Tan wondered if there was not an element of diabolism in the intent of the framers of the amendment who he said knew that the word ‘parent’ can also be construed as a collective noun like ‘crowd’, and hence, when push comes to shove, they could limit its meaning to one of the two progenitors – father or mother – or a guardian.

“This shows the mala fide of the framers of the amendments.

“I understand this amendment contravenes a decision by the cabinet announced on April 23, 2009 that a single parent cannot convert a minor,” said the head of the Catholic Church in the Melaka-Johor diocese.

“If so, this would not be the first time that the cabinet is overridden by civil service functionaries – the main drivers of creeping Islamisation in this country,” charged the Jesuit-trained prelate.

He also said the proposed amendment volated the commitment to gender equality.

Tan warned that the vote on the bill will be a litmus test of the fidelity to the Federal Constitution of legislators elected to Malaysia’s 13th Parliament.

The MCA has meanwhile slammed the “stealthy” tabling of the amendment in the Federal Territories Islamic law.

“I am shocked to learn that the government is tabling the Administration of the Religion of Islam (Federal Territories) Bill as it contains controversial provisions that affects the constitutional and religious rights of the non-Muslim,” said MCA vice president Gan Ping Sieu.

“This will seriously and irredeemably affect the religious harmony and national unity of our country,” he said.

Unconstitutional

Malaysian Bar Council president Christopher Leong also argued that the amendment was “unconstitutional” as the federal constitution provides that such words in contention refer to the plural.

Leong cited Article 160 and the eleventh schedule of the federal constitution that expressly provides that all words appearing in the federal constitution which are stated in one gender also include the other gender, and all words in the singular also include the plural.

MIC has echoed its BN partner MCA in expressing “shock” over the bill related to child conversion laws, saying it is “unacceptable” and that they had not been consulted on the matter.

MIC national treasurer Jaspal Singh had this to say: “Clearly there was not a process of consultation with all relevant parties; otherwise we would have pointed out the unfairness of this particular clause,” he said in a statement yesterday.

Jaspal said the law could be abused by angry spouses to convert a child as a form of revenge.

“Conversion could also be done to unfairly gain custody of the children, because surely the Syariah Court will grant custody to the Muslim parent,” he added.

-Borneoinsider

2 comments:

  1. WE ARE SURPRISED & DISAPPOINTED FOR THE LAST 50 YEARS & ANOTHER 50 YEARS MORE IF WE PLAY THEIR GAMES ACCORDING TO THEIR RULES.

    WE ALL HAVE TO GET UP & MAKE THE MOVE TO MOVE OUT UMNO HEGEMONY OVER SABAH AND SARAWAK.

    NO USE COMPLAINING!

    THE YOUNGER GENERATION ALREADY ORGANIZING THEMSELVES TO GET RID OF THE FOREIGN COLONIAL RULERS!

    ReplyDelete
  2. ANOTHER BREACH OF AGREEMENT BY UMNO IN SINISTER STEALTH COLONIAL & RACE SUPREMACY AGENDA

    SARAWAK 18 POINTS SAFEGUARD ON RELIGION REMOVED & REPLACED WITH "ISLAM AS STATE RELIGION"

    ‘Official’ language, religion?

    (FMT Report May 17 2012)

    Baru Bian, who is also Sarawak PKR chief, said the 18-point Malaysia Agreement was specific in its safeguards and questioned the reasoning behind the state government gazette which stated that Malay was the official language.

    Said Bian: “The 18-point agreement preserves for us the use of the English language as one of the official languages of the state for all purposes, state or federal, without limitation of time.

    “This right is further safeguarded in Article 161 in Part XIIA of the Federal Constitution.

    “I was disappointed to read in page 2 of the State Planning Unit’s Sarawak Facts and Figures 2010 that Malay is the official language.

    “Again, I would like to get clarification from the Chief Minister (Taib Mahmud) as to whether there is an official language for the Sarawak, which we are unaware of.”

    Bian also pointed out to Taib that Sarawak is “perhaps the only State Assembly in Malaysia” which allowed any language spoken in Sarawak to be used in the August house.

    “On that premise, there cannot be an official language for Sarawak,” Bian said adding that another issue of concern was the ‘official’ religion of Sarawak.

    He said the same government gazette had stated that Sarawak’s official religion was Islam.

    He said it was imperative that Sarawakians being of a different ethnic composition from Peninsular Malaysia, ‘jealousy safeguard’ their uniqueness.

    “It was agreed (in the agreement) that ‘while there was no objection to Islam being the national religion of Malaysia there should be no state religion in Sarawak, and the provisions relating to Islam in the present Constitution of Malaya should not apply to Sarawak’.

    “The absence of a state religion is a hallmark of Sarawak agreeing to join in the formation Malaysia in 1963, due to the wisdom of our forefathers who acknowledged that Sarawak is a land for all creeds or beliefs to mutually prosper and grow with respect for each others’ rights and freedom.

    “It however disturbs me greatly to note that in its latest publication entitled Sarawak Facts and Figures 2010, the State Planning Unit of the Chief Minister’s Department states clearly on page 2 that Islam is the official religion of Sarawak.
    “I respectfully ask for a clarification on this matter from the Chief Minister and I hope for a reassurance that this most fundamental agreement has not been amended or taken away subtly from us,” Bian said.

    ~ Free Malaysia Today

    At least in Sabah people are sensitive to all these creepy UMNOnization moves to tighten colonial grip on their country.

    ReplyDelete