Sunday January 15, 2006

View delicate topics from all perspectives

On The Beat: By WONG CHUN WAI

RELIGION and race are regarded as sensitive subjects in Malaysia. The Internal Security Ministry, which has the power to issue, renew and revoke the printing licence of newspapers and magazines, makes itself very clear on these matters.

Rightly so, too, because these subjects, if not handled with care and sensitivity, can be explosive. But we cannot deny that these are issues affecting the rights of all Malaysians.

We cannot pretend that issues like these do not happen and take the easy way out by looking the other way. They won’t go away as much as some of us may want to sweep them under the carpet, preferring for them to simply disappear into thin air.

In a plural society, there are mixed marriages and adoption of a new faith is something we have to live with. The simple fact is that Malaysians of different races and religions fall in love every day.

But is love alone sufficient to handle the legal, political and social implications that may arise when two individuals of different faiths come together?

The matter goes beyond the family when other institutions, particularly religious bodies, come into the picture. A family concern immediately turns into a controversy, and racial and religious overtones come into play, as much as we want to avoid it.

Because religious laws are involved, many prefer to adopt a cautious line. Now, even the civil courts seem to have shied away from such cases, preferring to pass the buck back to the Syariah courts.

The situation soon becomes murky and any discussion on the subject becomes even more complex because non-Muslims are advised not to touch on such subjects, of which they have little knowledge. As a result, non-Muslims find themselves shut out even if it affects them.

Take away the legal jargon and talk about the Federal Constitution. This effectively sums up what is affecting ordinary Malaysians, particularly young couples who want to get married or those in the midst of a divorce.

Recently, a controversy started following the death of Mount Everest climber Sjn M. Moorthy when his widow and the Federal Territory Religious Council got into a legal tussle when it was discovered that he had converted to Islam.

On Dec 28, the High Court ruled that it would not disturb the declaration that Moorthy was a Muslim because the latter was under the purview of the Syariah Court system. Moorthy was eventually buried according to Muslim rites.

Datuk Seri Nazri Aziz, the Minister in the Prime Minister’s Department, and several other ministers then said the Cabinet was of the view that the civil court should not brush aside cases pertaining to the status of converts by stating that it had no jurisdiction over them.

Last week, the Prime Minister made it clear that matters concerning religious conversion needed to be spelt out plainly in the Federal Constitution and other laws to prevent confusion among Malaysians.

Datuk Seri Abdullah Ahmad Badawi put it aptly, saying that in whatever legal action that “we initiated, we must also ensure that justice is served to all”, adding that the right of Malaysians to follow the religion of their choice must be respected.

He reminded Malaysians that “the country has both Muslims and non-Muslims. We must respect each other’s religions and practices. And we must acknowledge that each religion has its own rights.”

The situation in Malaysia, however, becomes more complicated because every Malay is constitutionally required to be a Muslim. Although a very small number of Malays have changed their faith, they have met with great difficulties because there are laws dealing with apostates.

There have been cases in the past where issues like this are still not satisfactorily resolved. And there will be cases in the future when similar questions will arise. It is to our interest that all areas of ambiguity be dealt with swiftly and fairly.

The Prime Minister is right in saying that the laws must be made clear. We should also know whether it’s the civil or Syariah courts which should be the forum to decide on these matters.

Cases like these involve civil rights, administrative matters and religious obligations – unless we know where we stand, there would be confusion.

Non-Muslims, in arguing their cases, must also bear in mind that Muslims have their rights too. Non-Muslims should not just see issues from their own perspective as that would be incorrect.

When non-Muslims talk about their rights, they should take care not to step on to the sensitivities of Muslims. That is the mark of civil society, which is for us to respect one another.

Malaysians should be mature enough to discuss these issues affecting them openly without the emotions. It is good that the leadership has been liberal in letting the media and public talk about it openly.

But even as we see these delicate issues from a legal angle, let us not forget that they are about ordinary people like you and me. It can happen to anyone of us living in Malaysia.

Sometimes, it is about a love between a man and a woman of different faiths. It could be about a failed marriage and one partner now wants to get on with his or her life. The nightmare for these people begins when institutions and authorities come into their lives.

Suddenly, they find they have little say and the confusions starts with lawyers, politicians, journalists and religious figures taking over their lives. As Abdullah pointed out, let the laws be clear.

It is important that those in power make the right decisions as level-headed Malaysians, of whatever faith, will back the leadership.

Moderate Malaysians will pray for our leadership to have courage. The people must have their say in their affairs, not strangers in the name of the law.

Wong Chun Wai can be reached at onthebeat@thestar.com.my

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