Malaysia Is A Secular Country Not An Islamic Country Says G25



In making Islam the religion of the federation, this in no way makes religion the foundation of our laws and institutions. Hence, the finding in the report is that Malaysia is a secular country. (FMT) – G25 would like to respond to the various comments as well as criticisms that have been made in the media following the publication of its latest report titled “Administration of Matters Pertaining to Islam”.
The report was launched on Jan 11 at a ceremony at the Persatuan Alumni Universiti Malaya clubhouse building. It was well attended by individuals, civil society organisations, foreign missions including the UN and the media.
The launch was followed by a panel discussion by three speakers and was ably moderated by a G25 member who herself played a leading role in the completion of the report. The panel also heard comments and suggestions from the floor.
The report was written to address the main areas of concern relating to the administration of Islam in this country, particularly the lack of clarity in the laws and institutions that are embedded in public policy in the application of Islam.
In looking into these concerns, the researchers studied the historical background of the administration of Islam from the records, papers, discussions and consultations among the stakeholders, including the Malay rulers and political leaders, in the drafting of the constitution for independent Malaya (in particular, we refer to the Report of the Reid Commission, the Alliance Party Memorandum, and the Constitutional Proposals of the Working Party appointed by Their Highnesses the Malay Rulers, the British Government, and the Government of the Federation of Malaya).
Our researchers came to the same conclusion as other historians have said before – that our founding fathers had clearly intended that in making Islam the religion of the federation, this in no way makes religion the foundation of our laws and institutions.
Hence, the finding in the report is that Malaysia is a secular country, with the same system of governance structure as other democracies in the Commonwealth. Further, our founding prime minister Tunku Abdul Rahman gave an explicit assurance to the Malay rulers that although the Federal Constitution makes Islam the religion of the federation, this would not affect their power as head of religion in their respective states.
When Sabah and Sarawak joined Malaysia in 1963, they were assured by the Cobbold Commission that Islam would remain as a symbol of the nation and not as a basis of government. It was within this constitutional context that we arrived at our findings on apostasy and Jakim, the two topics which have drawn much criticism of G25 from religious officials and politicians, including ministers.
On apostasy, we wish to state categorically that G25 does not condone it nor do we encourage Muslims to leave Islam. On the contrary, we believe apostasy is a major sin in Islam and Muslims should remain faithful to the religion both in their private as well as their public life.
Those who wish to renounce Islam should be persuaded not to do so as it is one of the major sins in Islam. However, if they insist, and especially if they are recent converts, they should be given the right to do so as the constitution guarantees the freedom of worship not only to non-Muslims but to all Malaysians.
Other Muslim countries like Morocco do not make apostasy a criminal offence because their contextual interpretation of murtad (apostasy) is that it means treason. It was relevant to make it a punishable offence during the time of the Prophet pbuh as there were Muslims who became traitors by deserting to the enemy to fight against him and the Islamic nation state.
Thus, it was a matter of politics and not a religious doctrine. As apostasy cum treachery (as opposed to mere apostasy per se) was then treated as high treason, it was considered right to make it punishable by death. According to the Moroccan religious authorities, this justification no longer applies in modern times.
On Jakim, G25 does not advocate its abolition but as the Federal Constitution does not empower the Conference of Rulers (COR) to establish the National Council on Islamic Affairs (MKI), we advise that if the Malay rulers want the power to create the council and make Jakim its secretariat, they can do so by getting parliament to make an amendment to Article 38 so as to enhance the role of the COR in matters pertaining to the administration of Islam within the federation.
Currently, Article 38 is cautiously worded as to what the COR can do, suggesting to us that the framers of the constitution had the intention to confer on the COR a limited role as far as the administration of Islam within the federation is concerned, as the Malay rulers were given the assurance that Islam is a state matter. Hence, the only function conferred on the COR, as far as matters pertaining to Islam are concerned, is as per limb (b) of Article 38, Clause (2), namely, “agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the federation as a whole”.
Our legal experts therefore hold the view that Article 38 was expressly worded to meet the wishes of the Malay rulers not to give authority to the COR to establish a national body or department on Islam at the federal level. Furthermore, in light of the Malay rulers’ concerns about the implications of Article 38 on their prerogatives in their respective states, the constitutional drafters assured the rulers that if such a federal body were to be established, it would only be for liaison purposes.
In short, matters pertaining to Islam – that is, those matters that are explicitly spelled out in Schedule 9, List II of the Federal Constitution – are under the exclusive purview of the states, not a federal-level body or the federal government.
We would welcome the amendment to make Jakim constitutional. This federal department in the Prime Minister’s Department has a big budget, bigger than the budget of some ministries. It will be embarrassing and legally risky to the government if somebody questions the legality of allocating public funds to Jakim and brings up the matter to court for a ruling on the constitutional status of the department.
G25 believes that it is being constructive in pointing this out to the government.
We find it regrettable and unfortunate that some commentators, critics and the social media chose to highlight the findings of the study exclusively on the unconstitutionality of Jakim, and not linking it to the other aspects including the recommendation made for taking steps to render it constitutional.
The study drew a parallel with one of the matters under the State List – the matter of land. The Federal Constitution contains a provision, namely Article 91, establishing the National Land Council, although land is a state matter. And the Federal Constitution via Article 76 Clause (4) empowers Parliament to enact the National Land Code, which would allow federal intervention in matters of land, on grounds of achieving uniformity of land law and policy.
Likewise, here, G25 proposes that the Federal Constitution (with the agreement of the states, as Islam is a state matter) be amended to establish a body parallel to the National Land Council, to be called the National Islamic Council that will function in tandem with the functions of the Conference of Rulers on matters pertaining to Islam; with Jakim legally functioning within the framework of the National Islamic Council.
Also, if it deems necessary, Parliament could further invoke via Article 76, Clause (1)(b), to enact a law for the purpose of uniformity of laws pertaining to Islam in the states, as currently there is lack of uniformity in the laws of the states.
We welcome the various comments on the findings in the report as we believe that through dialogue and exchange of views, we can strengthen the administration of Islam in our country and make it a model for application in public policy in modern times.
 


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

https://www.malaysia-today.net/2020/01/17/malaysia-is-a-secular-country-not-an-islamic-country-says-g25/

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Jakim Ncia Not Aligned With Constitution Says G25

Jakim Ncia Not Aligned With Constitution Says G25

papar berkaitan - pada 12/1/2020 - jumlah : 79 hits
G25 which is a group comprising of retired top Malay civil servants today questioned the constitutionality of the formation of the National Council for Islamic Affairs and Department of Islamic Development Malaysia According to the group th...
G25 Trying To Destroy Islam Says Pas Leader After Views On Apostasy

G25 Trying To Destroy Islam Says Pas Leader After Views On Apostasy

papar berkaitan - pada 13/1/2020 - jumlah : 74 hits
A PAS leader has hit out at the G25 group of former senior civil servants for speaking out against apostasy laws accusing them of trying to destroy the faith despite members professing to be Muslims The Islamist party s Syura Council member...
Pas Wants Liberal G25 Banned By Govt For Opposing Islamic Governing Bodies

Pas Wants Liberal G25 Banned By Govt For Opposing Islamic Governing Bodies

papar berkaitan - pada 14/1/2020 - jumlah : 42 hits
PAS wants pro moderation group G25 to be banned for allegedly deviant teachings in the murtad issue and for opposing the establishment of religious governing bodies PAS information chief Kamaruzaman Mohamad said G25 s call for an end to rel...
Sarawak Regrets Unimas Chairman Appointment Says Not Consulted By Federal Govt

Sarawak Regrets Unimas Chairman Appointment Says Not Consulted By Federal Govt

papar berkaitan - pada 4/1/2020 - jumlah : 60 hits
The Sarawak government is seeking clarification from the Federal Government on why it was not consulted over the appointment of Tan Sri Dr Kamal Mat Salih as Universiti Malaysia Sarawak s fourth chairman The Chief Minister s Office said it ...
Audit Report Not Given To 1mdb Due To Secrecy Laws Says Witness

Audit Report Not Given To 1mdb Due To Secrecy Laws Says Witness

papar berkaitan - pada 17/1/2020 - jumlah : 41 hits
Former National Audit Department director Saadatul Nafisah Ahmad Bashir says 1MDB knew what would be in the audit report KUALA LUMPUR A former government auditor told the High Court in Najib Razak s 1MDB audit tampering trial that the Natio...
Gps Lawmakers Won T Vote On Equal Status Bill If Words Not Changed Says Nancy

Gps Lawmakers Won T Vote On Equal Status Bill If Words Not Changed Says Nancy

papar berkaitan - pada 15/1/2020 - jumlah : 65 hits
Batang Sadong MP Nancy Shukri says the federal government should bring the MPs in for a discussion before tabling the amendment to Article 1 of the Federal Constitution KUCHING A Sarawak lawmaker says Gabungan Parti Sarawak MPs will abstain...
India Says No Meeting With Malaysia In Davos As Palm Row Simmers

India Says No Meeting With Malaysia In Davos As Palm Row Simmers

papar berkaitan - pada 20/1/2020 - jumlah : 65 hits
A worker collecting palm oil fruits at a plantation in Bahau Negeri Sembilan Malaysia India s trade minister will not meet with his Malaysian counterpart in Davos next week because of his tight schedule an Indian trade ministry official sai...
Guan Eng Did Not Mention 1mdb S Assets And Investments Says Najib

Guan Eng Did Not Mention 1mdb S Assets And Investments Says Najib

papar berkaitan - pada 20/1/2020 - jumlah : 70 hits
Former prime minister Najib Razak has criticised Finance Minister Lim Guan Eng for blaming the Pakatan Harapan government s inability to abolish tolls on the 1MDB scandal In a Facebook post Najib zeroed in on Lim s failure to mention billio...
This Is Not The Time To Discuss Power Transition Says Azmin

This Is Not The Time To Discuss Power Transition Says Azmin

papar berkaitan - pada 18/1/2020 - jumlah : 59 hits
Economic Affairs Minister Mohamed Azmin Ali says political stability and proper administration of the country are important to boost investor confidence KIMANIS PKR deputy president Mohamed Azmin Ali said now is not the time to discuss the ...
Remaja Maut Kepala Parah Selepas Melakukan Tripping Jump Challenge

Pengampu Mahathir Mahu Beliau Mati Dalam Kehinaan

Lebai Hadi Dah Mula Meroyan

Wanita Sanggup Terjun Bangunan Gara Gara Tak Mahu Jalani Ujian Saringan

Teknik Senaman Yang Paling Mudah Sebelum Tidur

Tak Pernah Lagi Tengok Ular Tedung Besar Camni Post Abang Bomba Ni Buat Netizen Terhibur Teruk

E Tunai Rakyat Rm30

Cara Mudah Keluarkan Duit Tanpa Kad Atm



Bakal Suami Emma Maembong Rupanya Bukan Kerabat Diraja Tapi

Biodata Haziq Nazimuddin Finalis Hero Remaja 2020

Penjelasan Tentang Lelaki Hijau Khidir Nabi Wali Allah atau Malaikat

Biodata Dan Latar Belakang Penyanyi Aman RA

Sejarah Pembinaan Lebuh Raya Timur Barat dari Grik ke Jeli


Pelakon Dan Watak Drama Rahsia Hati Widuri Rtm Tv1

Garlic Bread Mushroom Soup

Lebuh Armenian Penang At Night

Pekena Cendol Dan Laksa Di Bismillah Cendol Taiping

Lara Jean Peter Kravinsky John Ambrose Teach Us Netflix Hacks

Selamat Datang Tuan Pengetua Ke Smk Pendeta Za Ba