Defending our Fundamental Liberties: The case of MAIS Outlawing SIS


November 2, 2014

Defending our Fundamental Liberties: The case of MAIS Outlawing Sisters In Islam (SIS)

by Din Merican

On  October  17, 2014, I wrote about the need to create a defence fund for Kassim Ahmad. Please READ :here

To me, the inhumane arrest, the abduction from Kedah to Kuala Lumpur and the unlawful charging of Malay Intellectual, Kassim Ahmad, is a sign of the erosion of our democratic principles; the erosion of Rule of Law; and worse still, the erosion of Justice when the civil courts turn a blind eye to the unlawful things being done by the religious authorities.

Of late, the civil Courts seem to abdicate their constitutional duty to check on the religious authorities by conveniently saying that the civil courts cannot interfere with the jurisdiction of the Syariah Courts.

The civil High Courts which are vested with judicial powers in the Federation seemed intimidated by the religious authorities.  Is there something happening between the A-GC and the Judiciary that we should know? Judges like Dato Zaleha Yusof who had previously chided JAWI and JAIS are suddenly replaced by hard-line conservative judges to handle Judicial Review cases.

Challenge Kassim Ahmad intellectually

Challenge Kassim Ahmad intellectually

Before I digress, when I appealed that Malaysians should contribute to a fund to defend Kassim Ahmad, I stated that this fund is not exclusive to Kassim Ahmad but also for other similar persecutions that endanger our liberty and freedom; to secure a guarantee of our fundamental liberties.

I am happy to inform you that the fund has raised RM14,982.00. We should applaud the Malaysians who contributed. But I should also inform Malaysians that fighting legal battles with the authorities involve huge sums of money. In that sense, RM14,982 over two weeks is a paltry sum. It is not even enough to pay for the disbursements incurred for Kassim Ahmad, not to mention to pay the professional fees, which lawyers like Rosli Dahlan, Malik Imtiaz, Nizam Bashir , Fahro Azat and other like minded Muslim lawyers are prepared to waive.

Is Rosli Dahlan a deviationist just for defending Kassim Ahmad and acting for Marina Mahathir to sue ISMA?

Are Rosli Dahlan   Malik Imtiaz, Nizam Bashir  et.al deviationists ?

image

In other words, while these lawyers are providing their services Free of Charge, we Malaysians are not doing our part. We do nothing to fight for what we believe in. We are just deluding ourselves when we say that we love this country whereas we can’t even raise RM100,000 in that short time to fight for what we believe in.  we want to behave, then this country is going down a very slippery slope…fast!

So, Malaysians, come forth and contribute because recent events have shown that there is clear and present danger that more ominous things will come our way if we are lackadaisical about the ideals that we cherish. This country is going down the slippery road very fast because we do not care enough for those who are being persecuted for dissent (reasoned discourse).

I  used the Kassim Ahmad’s case merely to illustrate the  surreptitious  incursions by our religious authorities who can outlaw freedom of thought and ideas by a simple stroke of passing religious edicts called Fatwas which, when gazetted, suddenly become part of the laws of this country.

We all know that there are only 3 branches of government i.e. the Legislature, the Executive and the Judiciary. We also know that making the laws  of this country is the power of the Legislature whether Parliament or the State Assemblies. We also know that when the Executive misapplies the law, the Judiciary will keep them in check as it is the last bastion of justice. That is what we know and that is what we think those who govern us should know too.

Yet, what we didn’t know is that the religious authorities in this country (and there are 14 of them as we have 14 states in the Federation of Malaysia)  can exercise all the powers of these 3 different branches of government. And, they do it in a very unique way without following any legal sequence.

 The religious authorities of this country can just pass sentence on people with different views as deviationists without notifying them or hearing them out. Then the religious authorities just pronounce this sentence as law in the form of Fatwas. Finally, all they have to do is to just arrest those people whom they have already passed sentence on by arresting them and getting a syariah court to convict them.

Thus, in Kassim Ahmad’s case, MAWI/JAWI which are the religious authorities in Federal Territories outlawed Kassim Ahmad by decreeing that his ideas and thoughts are “sesat dan menyesatkan”. That is how they justified sending their officers to Kedah to abduct him and bring him to Kuala Lumpur to answer religious offence charges. And, soon the Syariah Court will just convict Kassim Ahmad because the civil High Court Judges will not stay JAWI from proceeding in the Syariah Court.

This practice of “outlawing” people and ideas which are  different from the ideas and thoughts of the religious establishments has become more serious when recently MAIS (Majlis Agama Islam Selangor) through the Mufti of Selangor gazetted a Fatwa  declaring that:

1. SIS (Sisters in Islam) and anyone else that practices Liberalism and Pluralism are deviationists;

2. All their publications are banned and can be confiscated;

3. MCMC are to censor and block their electronic media;

4. These deviationists can be compelled to corrective measures.

Read http://www.e-fatwa.gov.my/fatwa-negeri/pemikiran-liberalisme-dan-pluralisme-agama

Literally speaking, with one stroke of the pen, the religious authorities have “outlawed” the whole SIS Board, members, employees, contributors, supporters etc. They are condemned as deviationists without being duly notified nor to explain themselves. This is a clear violation of the Federal Constitution and the UNHCR Human Rights Declaration (which Malaysia is a signatory of that charter), that no one shall be condemned without the right to be heard.

Marina dalang LBGT?Is Marina Mahathir is a promoter of LGBT as accused by ISMA?

It is most alarming that without even specifically identifying the persons or publications, MAIS has practically declared every Muslim as potentially a deviationists. So, in effect, is MAIS also declaring that Tun Dr Mahathir and his daughter Datin Paduka Marina Mahathir (and her friends above), Dato Zaid Ibrahim and his son Ezra Zaid, academic Azmi Shahrom and anyone who supports them including the lawyers who act for them like Rosli Dahlan, Malik Imtiaz, Nizam Bashir  and Fahri Azzat also as deviationists?

Have they forgotten that it was Tun Dr Mahathir who promulgated Art.121(1A) into the Federal Constitution that gave them the powers that they now wield against him? Have they forgotten that Tun Dr Mahathir established the International Islamic University from which Rosli Dahlan and Malik Imtiaz graduated and are the very lawyers accusing these religious authorities of violating the Constitution? Are they now biting the very hand that created them and those that came from within their own fold?

Dr Mahathir said Jais needed to refer to the Quran to find out how to handle such situations instead of following the interpretations of some...

Dr Mahathir said Jais needed to refer to the Quran to find out how to handle such situations instead of following the interpretations of some…

The Third ban in that Fatwa is also worrisome. You now see a state Mufti directing MCMC to censor and ban internet social sites. Since when can a state Mufti have powers under the Multi Media Act to direct the MCMC to do anything? I suppose the MCMC Chairman Dato Shahril who is a Muslim can be charged by JAIS if he disregards the Mufti’s Fatwa?

The Fourth ban is very dangerous. In effect, it means that a deviationist can be detained in a corrective centre by the religious authorities until he disavows or recants his views, this is similar to being detained in prison indefinitely for contempt until the contempnor purges his contempt.

My Fellow Malaysians,  I have written this short piece to wake you up to the dangers that confront us. I appeal to you to come defend your rights. If you can see what I am seeing, then you will contribute to the Defence Fund which will be used not just for Kassim Ahmad, but also for such similar causes. So, please contribute generously to:

  Maybank Berhad A/C No 514011895152
 
  Swift code: MBBEMYKL

12 thoughts on “Defending our Fundamental Liberties: The case of MAIS Outlawing SIS

  1. Din, Non-Muslims like me, are not able to comment much on issues concerning Islam. However, I support your call for more contributions to the said Defence Fund. The Fund Administrators o should try to get expert legal support and advice at a lower cost. I am sure that there are many many legal experts in Malaysia who would gladly contribute their legal expertise to any worthy cause.
    _______________
    Tat Lim,

    Why can’t you comment when it also affects your freedom and constitutional rights. Self censorship is not an option. Cheers, Din

  2. Thanks for highlighting the issue. The malays would soon be talibanized if not careful with the unchecked powers of the Religious Authorities such as JAIS, MAIS and JAKIM.

  3. I thank my friend Din for setting up this fund. It is a case for the defence of the fundamental rights of free speech. These religious authorities are not following the true humane teachings of Islam in the Quran. They use the hadiths which Shafi’e, 250 years after Prophet Mohammad, stipulated as binding on Muslims.
    I call on our Prime Minister to desist from his desire to make Sunnism the religion of the Federation. Islam abhors diving the one religion of strict monotheism into sects.
    I call on our former Prime Minister, Tun Dr. Mahathir Mohamad, to voice his opinion against this dangerous tendency.
    I call on all our peace-loving citizens, especially our legal scholars, to make known clearly their stand against this dangerous tendency.

  4. Whent the word “Islam” was put into our federal constitution, the person who put it in, Justice Abdul Hamid from Pakistan, called it “innocous” – its in the reports of going on in the Reid Commission. It was never intended to dominate, done in the highest liberal aspiration for the religion. FROM THAT we have come to THIS.

    Lets face, the practise of Islam in this country is not what its founder envisioned it to be, completely opposite of what was hoped for originally, the players who have been partied to it current state of affairs all GUILTY AND NOT ONLY IGNORANT OF IT BUT ARROGANTLY OVER CONFIDENT, OVER ENTITLED AND ABUSIVE.

  5. Din, when I said that I could not comment about some issues, I meant issues directly about Islam as a religion – not issues concerning our fundamental and constitutional rights which are enshrined in the Federal Constitution. The late Tun Mohd. Suffian bin Hashim, former Lord President of Malaysia and a close personal friend of mine, was one of those responsible for drafting the Federal Constitution. He always ensured that the fundamental and constitutional rights of all Malayans, irrespective of race, religion or status, are always safeguarded and enshrined in the Constitution. Events and happenings over the years since 1957, however, have shown that, often, the over-zealousness and interpretations of many of the enforcers and implementers of a law go against or breach our fundamental or constitutional rights. And the Government does nothing to correct or put a stop to such acts! It is for this reason that I support your move to set up the said Defence Fund and call on all Malaysians to contribute to this Fund. Carry on with the good work, friend.

    Lim Chung Tat

  6. Although this may be Pakistan but what this pakistani muslim lady said as she had a verbal confrontation in self defence when she was admonished by the mufti somehow resonated and seems relevant and share a bit in common with the SIS situation and the current environment in the country.

  7. Din, I know you gave the SWIFT code for the bank as well. This should enable oversea M’sians to contribute as well; but the fee can be anything up to £15 (about RM 77) to remit to M’sia. I would rather the RM77 goes towards the fund than to the British bankers. So, can you please set up a Paypal account to receive contributions from abroad? Thanks

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