K. SILADASS

WARPED INTERPRETATION

by

K. Siladass

My attention was drawn to an article by the former Chief Justice of Malaysia, Tun Hamid Mohammad, in respect of the Contract of Co-operation dated 13 December 2016 entered into between Pakatan Harapan consisting of PKR, DAP and Amanah on one part and Peribumi on the other part, which was signed by Dato’ Seri Dr Wan Azizah Wan Ismail (PKR), Lim Guan Eng (DAP), Haji Mohamad Sabu (Amanah) and Tan Sri Hj Muhyiddin Hj Mohd Yassin (Peribumi).

The contract touches on religion and states that it will uphold the Federal Constitution, Islam as the religion of the Federation, and that other religions can be practised “freely, safely and peacefully.

Article 3(1) of the Federal Constitution reads that:

“Islam is the religion of the Federation; but other religions can be practised safely and peacefully.”

When comparing the two versions it could be seen that the word “freely” which appears in the contract is new, and is absent in Article 3(1) of the Federal Constitution. The inclusion of the word “freely” in the contract has prompted Hamid to interpreteit and warn of its effect.

According to him, the words that other religions can be practiced (sic) “freely”, safely and peacefully used in the contract could produce any of the following three results:-

“1. Non-Muslims cannot be prevented from propagating their religion to Muslims as it is part of their religious teachings.

2.   They have reason to demand to build or they can build their churches and temples (“tokong”) in public places, including in university campuses.

3.   The way they worship also cannot be blocked/interfered. For example, in a hungry ghost festival month, they could place a roasted (cooked) pork outside their places of worship (including in the university campuses), as celebrating hungry ghosts festival is part of their worship.”

Hamid then concludes that the three Muslim leaders referring to Dato’ Seri Dr Wan Azizah Wan Ismail (PKR), Haji Mohamad Sabu (Amanah) and Tan Sri Hj Muhyiddin Hj Mohd Yassin (Peribumi), were trying to please Lim Guan Eng or have already been fooled by Lim Guan Eng. Theseare very harsh conclusions without any basis, but have obvious political content.

Sadly, the instances Hamid has imagined cannot be treated as an interpretive exercise but a sheer attempt to distort the actual intent of the parties to the contract.

There may be some who might feel that this method of interpretation falls within the purview of freedom of speech. That may be so, but when interpreting the Constitution it must never be forgotten it is secular and its aim is to protect all religions. Any interpretation or any attempt to interprete constitutional provisions to instigate or promote schism among Malaysians should be avoided, should never be allowed.

To sum up, the interpretation by Hamid, is patently if not dangerouslytoo narrow, and warped. Ii ignores, the principle underlying Article 3(1) of the Federal Constitution. He has let his own imagination run wild seemingly with the hope of garnering support for Barisan Nasional and condemn Pakatan Harapan, asif the latter had acted against Islam. Therefore, his criticism is not a genuine expression of a concern, or one which made in good faith, but laced with political nuance. The statement was issued on the eve of the 14^thgeneral elections i.e. 8^th May 2018, and that adds colour to his political motive.

The Federal Constitution has always been secular notwithstanding repeated attempts to jettison its secular content. Islam is given a lofty status which can never be destroyed, and other religions could be practised freely and peacefully.

Needless to remind that, one can only practise his religion safely and peacefully if he is free to do so. Although the word “freely” is not used in Article 3(1) of the Federal Constitution, the intention of Parliament was crystal clear. There can be no restrictions on the practice of other religions. That freedom will not be abused as Hamid had portrayed. And the restrictions are those that had been spelt in the Constitution itself.

The Malaysians, have on 9.5.2018, answered unequivocally. They have rejected people like Hamid and the organisation he represents, and the distortion that had been unleashed all these years.

We are looking to a new era with a new born Malaysian spirit, where people cherish unity, friendliness and the accommodation of views in a decent rational and mature way. The days of threats, and spite are gone. 9^th May witnessed the birth of new Malaysia. The springtime efflorescence in Malaysian life has begun. The process of the integration of Malaysian is blooming.

Date: 4/6/2018