“Malaysia was created as a secular nation” – Aidil Khalid Answers Clive Kessler

On January 19, 2016, The Malay Mail Online published an article by Clive Kessler, “Enough of this nonsense! Malaysia was created as a secular nation”.

Stating that ,” Malaya and then Malaysia was created as a secular nation”, Clive Kessler who is an Emeritus Professor of Sociology and Anthropology at the University of New South Wales maliciously called Uncle Azril Mohd Amin as a “creative legal innovators and myth-maker” when it is him (Clive Kessler) himself who has maliciously distorted the facts about the Federal Constitution of Malaysia in his article.

I sent the article to Uncle Azril and he sent me Uncle Aidil Khalid’s statement:

It was with interest, if also great bemusement, that I read the article entitled “Enough of this nonsense! Malaysia was created as a secular nation” by Professor Clive Kessler and published on January 19, 2016 in The Malay Mail Online. Without citing any binding or persuasive legal authorities whatsoever, the professor had had the audacity to dismiss those affirming the constitutional position of Islam as the religion of the Federation (and thus rejecting the alleged secular notion of our nation), like Datuk Zainul Rijal Abu Bakar of the Malaysian Muslim Lawyers Association and Azril Mohd Amin of the Centre for Human Rights Research and Advocacy, as mere “creative legal innovators and myth makers.”In 2014, I wrote an article, also published in The Malay Mail Online, entitled “Wither the Myth of a Secular Nation”, wherein I argued that the secular notion of our nation is actually a myth not supported by any legal or constitutional basis. I shall reconstruct my arguments therein, albeit trancated, as a response to Professor Kessler herein, but for a more complete and holistic perspective, it is advisable to read my full arguments there.When one reads the provisions of the Federal Constitution, it is important that the provisions be read as it is, and not to disingenuouosly add words that are not there just to satisfy a certain ideology that one believes in. In Dato’ Menteri Othman bin Baginda & Anor v Dato’ Ombi Syed Alwi bin Syed Idrus [1981] 1 MLJ 29, the Late Royal Highness Raja Azlan Shah (as HRH then was) cautioned that “[r]espect must be paid to the language which has been used and to the traditions and usages which have given meaning to that language.”In this regard, a plain reading of the language used in Article 3(1) says that “Islam is the religion of the Federation.” So to suggest, as Professor Kessler did, that Islam is merely the “official emblamatic religion” of Malaysia, when neither the word ‘official’ nor ‘emblamatic’ ever appeared in the provision, is nothing short of constitutional fraud, not to mention intellectual dishonesty. It makes a world of a difference here, between the former and the latter.

Islam is the religion of Malaysia and not merely the official religion of Malaysia.

NaPoWriMo Poem #19: A Fighter

I know a brave man,
I know him very well,
He fights in a court,
For he is a lawyer.

He fights for what is right,
No matter what people say,
Meeting people and giving talks,
Almost everyday.

He’s tall and smart,
But not too thin,
And his name is,
Azril Mohd Amin

Uncle Azril and I during the Forum Islam Dan Cabaran Semasa – Polemik Isu Kalimah Allah.

Photos: Sidang Media & Majlis Kesyukuran Muslim UPRo

My photo before the program started.

On March 27, 2014, I attended the Muslim UPRo press conference at the Hotel Putra in Kuala Lumpur.

The speakers were Azril Mohd Amin, Nasharudin Mat Isa and A. Karim Omar.

The Muslim UPRO committee members.

Before the program started, I spoke to Uncle Zul Noordin and I asked him a few political questions since he was one of Anwar Ibrahim’s lawyers before he left Anwar.

Uncle Zul answering some of my questions.

We also talked about current political issues, like PRK Kajang together with Uncle Nasha, Uncle Jinggo and Uncle Sheikh Karim.

The former Director of Criminal Investigation and Commissioner of Police for the Royal Malaysia Police, Tan Sri Zaman Khan was also there and he advised me to eat more vitamins after Uncle Zul told him that I am a blogger.

Discussing about the current political issues with politicians. From left is Uncle Nasharudin Mat Isa, Uncle Sheikh Karim, Uncle Zul Noordin and I.

Listening to Uncle Azril’s briefing on the UPR process that had taken place in Geneva recently.

Listening to the briefing by the Muslim UPRO committee members.

Briefing by the Muslim UPRO secretary general.

Uncle Nasha briefs us about the UPR process and COMANGO.

Uncle Zul sharing ideas with the Muslim UPRO committee members.

Seminar Islam dan Isu-Isu Hak Asasi Manusia

On Wednesday, I attended the Seminar Islam dan Isu-Isu Hak Asasi Manusia which was organised by MuslimUPRo and YADIM.

The seminar was held at the Universiti Kebangsaan Malaysia or National University of Malaysia and I was invited to the seminar by Uncle Azril Mohd Amin.

I do not agree with one of the speakers during the morning session who said that Islam is the official religion of Malaysia; when Islam is actually the religion of the Federation of Malaysia.

Atuk Mansur tried to point her mistake, but she insisted that Islam is only the official religion of Malaysia and used Che’ Omar bin Che’ Soh VS Public Prosecutor to prove her case.

This case is used by the people who are against the fact that Malaysia is an Islamic country because the judge, Tun Saleh Abbas said that Malaysia uses secular rules.

Anyway, Tun Saleh Abbas did not say that Malaysia is a secular country as what they claim was proven by this case.

But Che’ Omar bin Che’ Soh VS Public Prosecutor is no longer a good law because it was decided before the coming into effect of Article 121(1A) of the Federal Constitution.

Now we have more recent cases, to refer to, for example the cases of Meor Atiqulrahman v Fatimah Sihi and others and Lina Joy v Majlis Agama Islam Wilayah Persekutuan.

In Meor Atiqul Rahman vs Fatimah Sihi and others, the judge, Justice Mohd Noor Abdullah said:

“Islam ialah ugama bagi persekutuan tapi ugama-ugama lain boleh diamalkan dalam aman dan damai. Islam adalah ugama utama di antara ugama-ugama lain yang dianuti di negara seperti Kristian, Buddha, Hindu. Islam bukan setaraf dengan ugama lain. bukan duduk berganding bahu dengan agama lain atau berdiri sama sama tegak. Ia duduk di atas, berjalan dahulu, terletak di tempat medan, dan suaranya lantang kedengaran. Islam ibarat pokok jati. Tinggi, teguh, dan terang. Jika bukan sedemikian, Islam bukanlah ugama bagi persekutuan, tetapi adalah salah satu di antara beberapa ugama yang dianuti di wilayah ini, dan setiap orang sama-sama bebas mengamalkan mana-mana ugama yang dianuti. Tiada lebih di antara satu sama lain.”

And in the case of Lina Joy v Majlis Agama Islam Wilayah Persekutuan, the then Chief Justice, Yang Amat Arif Tun Ahmad Fairus said:

“Islam itu bukan sahaja suatu himpunan dogma-dogma dan ritual-ritual tetapi ianya juga suatu cara hidup yang lengkap merangkumi semua bidang aktiviti manusia, persendirian dan awam, perundangan, politik, ekonomi, sosial, budaya, moral atau kehakiman etc.”

I do not understand why a Muslim does not want to accept Article 3(1) of the Federal Constitution that says, Islam is the religion of the Federation of Malaysia.

By the way, I met Datuk Abdul Malik Mydin who was with Uncle Zul Noordin at the seminar. 

Datuk Abdul Malik Mydin the first Malaysian and Southeast Asian to swim across the English Channel on August 3, 2003.

Azril – Taklimat UPR kpd NGO Islam