Back To Constitution

Sin Chew Jit Pao, Kuala Lumpur
01 June 2005

Back To Constitution

The Cabinet decision to stall the entertainment guidelines submitted by the Islamic Development Authority (JAKIM) is not only welcome, but also a step in the right direction.

Just as minister of culture, arts and heritage Rais Yatim has said, religious guidelines should only be confined to the realm of religion, and must never be applied to day-to-day living of ordinary Malaysians.

Prime Minister Datuk Seri Abdullah Ahmad Badawi reiterates that the government will not rule the country with a narrow religious mindset, while MPs from the ruling coalition and the opposition alike have also slammed the hudud laws introduced by PAS in Kelantan. Having said that, the entertainment guidelines have dealt a serious blow on the opponents of religious extremism.

In the face of the possible emergence of religious extremism, the government should be firm and not to allow aggressive ideologies to usurp the public's rights to religious freedom, and ensure that the relevant clauses provided under the country's Constitution be protected.

Of course, the federal Constitution states that although Islam is the country's official religion, Malaysians' rights to religious freedom are assured. Although the government has repeatedly stressed this, there are still individuals trying to cross over this threshold, attempting to restrict the religious freedom of Malaysians through all kinds of rules and regulations.

Given such people who are in gross disregard for the provisions and spirit of the federal Constitution, it is imperative that we reinforce in them former Chief Justice Tun Salleh's interpretation of the provisions of the Constitution with regards to the official religion and religious freedom: "Islamic laws, in the nation's history, have always been private or personal; and the Constitution has never empowered the Islamic laws to be extended to public sectors." Such a tradition in recognition of the distinction between private and public sectors in the country's legislature must be perpetuated so that our social structure would not be intimidated.

On top of that, Sections 12 and 13 of the Constitution also highlight that Malaysia's foundation of nation-building is on multiculturalism and religious freedom, and this social covenant of nation-building has made it very clear that politics should be segregated from religion. The Constitution Commission of the Malayan Federation clearly, and specifically, excluded religious ideologies from the Constitution, and this unique
feature, from Merdeka to now, and to the future, must never be swayed and altered.

Rais Yatim is one of the very few Cabinet ministers in this country with a law doctorate. His advice to the Islamic Development Authority not to go overboard and legislate guidelines beyond public acceptance and secular codes, should be seen as a proper way of interpreting the Constitution, and a clear manifestation of such a noble spirit. You should remember vividly that Rais slammed Kelantan's PAS state government for implementing the Islamic dress codes some time ago. Nevertheless, it is stunning to note that certain quarters within the ruling coalition itself is now after the same pursuit.

In view of this, some have repeatedly emphasised that any organisation or individual must never be in possession of the privilege of superseding the Constitution, while senior leadership and grassroots leaders alike must strive to erect such a constitutional spirit, and consciously administer within the bounds of the Constitution.

The Constitution is not merely a legal dossier which is placed in high places, it must also be seriously contemplated. Anyone with the intention can conduct street surveys to find out how many among the public know about the contents of the Constitution. I am afraid that the multitude have hardly any idea what the Constitution is all about.

Other than religion, the Constitution also touches on human rights, civil rights, the Cabinet, the Parliament, legislature, public services and elections. These provisions should not only be understood by lawyers and judges, but as a Malaysian citizen, your understanding of the Constitution should afford you a clearer understanding of your own rights. Your actions, affiliations, beliefs, educational rights etc are all protected under the Constitution, and no one can take them away from you.

When Rais was still in charge of the legal affairs department during his tenure as the minister in the prime minister's department, he proposed that federal Constitution be taught at schools, so that students could understand the most fundamental provisions of the Constitution since young.

This knowledge is now taught in General Papers in Form VI classes in government schools, but then not all students have the opportunity or choose to do Form VI. As a result, not everyone has the chance to learn this subject, unless the education ministry incorporates it into civic classes or sets up additional law classes.

It is now time for us to reconsider this proposal. Only through educating the young on how their forefathers built up this nation and how they strived to uphold the rule of law that our way forward would not be impeded by the demons of extremism, in a way that we continue to backslide on the road to full democratisation.