04 August 2010

Why Malaysian Constitution Must be Secular

The topic of this post is purposely made without question mark because it is a statement and not a question. Have you ever wonder why Karpal Singh and the other non-muslims politicians are trying very hard to establish that Malaysian Constitution as a secular one?

Malaysian Constitution, a document which creates Malaysia, lays down the very basic principles with which this federation shall be governed. However, nowhere in this constitution states that it is secular in nature as claimed by Karpal Singh as his colleages.

Constitution shall be understood with its own wordings and according to the history of the development of this country. However, it is very unfortunate that there are some people who put themselves prevail over the constitution by referring the constitution with something which did not even exist in the constitution. For instance, the constitution is said to be secular which nowhere to be found in it.

It is much more unfortunate when person with legal background that came out with that crooked idea. The popular case of Che Omar Che Soh which has been the Bible for those who claim the constitution as secular decided that Article 3 of the constitution only has the effect of giving Islam a position for ceremonial purposes only. This was said by the judge to be the intention of the framers of the constitution. The problem is that, the framers of the constitution ie the Reid Comisson said nothing about Islamic provision in their report. It was after the draft was reviewed, the provisions relating to Islam were included in it. Therefore, how on earth it can be said that the framers intended Islam to be for ceremonial purposes only?

People tend to misunderstand two different questions as one. Whether Malaysion Constitution is secular in nature? And whether the implementtion of the constitution makes Malaysia is viewed as a secular state? The constitution is in fact, not secular but maybe the action of certain people including the government make it viewed as secular. However that should not be use as justification to say the constitution is secular in nature because it is not. 

The question now arises is why Malaysian Constitution must be secular? The answer is simple which is to ensure that Islamic Law can never be implemented in this country. Suprise not, we have been well warned that those non-Muslim will never satisfy with Islam. When it is well established (Malaysian Constitution is secular), people with bad intention will use it to justify to why Malaysia cannot be an Islamic State. It is because the document which creates this country does not allow it while the fact is not so.

My friend ask me if what i said is true then why Malaysian law potrays as it is unlikely to implement Islamic law in Malaysia. I said it happens as a consequence when the people has been seeded with the idea of secularism of Malaysian Constitution and I believe it is the direct effect from the decision of the case of Che Omar Che Soh.

People thought that the constitution is secular, Islam is only for ceremonial purposes and consequently, they thought that the constitution does not allow the implementation of Islamic law. Its effect to the development of Islamic law is very severe. Islam has been neglected in the law making process because the law maker thought Islam is not allow to be reffered. These are what people like Karpal Singh love to see.

My friend further said perhaps the constitution did not states itself as secular but it was its implementation makes it secular. I said there is again a misunderstanding between two very different questions. Similar situation happens to Islam. Islam is seen as bad when its believer does bad things eventhough Islam never ask its believer to do bad.

Malaysian Constitution might not be 100% in accordance with Islam but that does not mean that it is secular. Those politician try to fool people by convince them that Malaysian Constitution does not allow the implementation of Islamic Law and a lot of naive people were influenced by that.

It is indeed in Criminal Law, Islamic law has no position whatsoever but is other branches of law, there is a very wide space which can be filled by Islamic law. Politicians speak as if Islam only has laws pertaining to Criminal Law while the fact is that, Islam is more than only Hudud and Qisos. In fact, Acts that govern the Criminal law such as Penal Code, Internal Security Act and Restricted Act are not even part of the constitution and can simply be amended.

Another question to be answered, if Malaysian Constitution is not secular, what is the position of Islam in the Constitution? For that, you need to wait for the future post...

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