Ng Kam Weng, The Micah Mandate
The Christian village has waited with anticipation for DYMM Sultan of Selangor to come out with a have a difference which will assistance finalise a inter-religious crisis sparked off by a Selangor Islamic Religious Department (Jais) raid upon Damansara Utama Methodist Church upon Aug 3, 2011.
We acquire a Sultan's instruct which religious peace should continue in a state as good as his direct which there be no prosecution opposite any of a parties involved.
However, a Sultan's have a difference does raise a couple of issues of critical courtesy for a non-Muslim village as there have been views voiced therein which suggest which a Sultan might not have been scrupulously sensitive by his advisers.
First, a have a difference suggests which "the actions of Jais were correct as good as did not breach any laws enforceable in Selangor," as they "are in line with a office supposing underneath Syariah Criminal Procedure (State of Selangor) Enactment (2003), Syariah Criminal (State of Selangor) Enactment, 1995 as good as a Selangor Non-Islamic Religions (Control of Propagation Amongst Muslims) Enactment of 1988" (herein referred to as a "Selangor Enactment")
With all due respect, I beg to talk about from this understand of a state enactments. In a initial place, a office postulated by Article 11(4) of a Federal Constitution was to permit a state to control or shorten a propagation of sacrament between people professing to be Muslims. This contingency be review in a context of a Article itself which fundamentally provides for each chairman a freedom to profess, use as good as generate his religion.
Such energy to control or shorten propagation cannot be understood as absolutely prohibiting any control or wake up upon a forgive of a little vague censure which they have been for a purposes of prop! agation of religion. Such energy cannot be taken as looseness for officials to land or tamper in to a function conducted inside of a premises of what is obviously a non-Muslim religious establishment (in a benefaction box a Christian institution) but certified authority
There is no certified sustenance underneath a Propagation Enactment which allows Jais officials to land in to a premises of DUMC, much less lift out a raid. From my reading of a Selangor Enactment (1988), a closest possible justification which can be offering by Jais have been Sections twelve as good as 13, which mention which "an certified military military officer might investigate a commission of any corruption underneath this Enactment as good as might detain but aver any chairman suspected of having committed any such offence."
He might additionally request for warrants of detain from a Magist! rate to need a attendance of witnesses. There is, however, simply no unilateral energy to lift out an entrance as good as poke underneath a Propagation Enactment or for which have a difference even to request for a poke warrant.
If a military military officer responsible for a raid intends to control an entrance as good as search, he contingency bottom his energy from a little certified source. Jais officers appear to have acted underneath Syariah Enactment which does NOT apply, however, to non-Muslims as good as cannot be imported in to a Propagation Enactment.
While superficially this sustenance seems to grant disturbing energy to this "authorised officer", a enforcement contingency be unchanging with a more elemental supplies underneath Part II of a Federal Constitution relating to elemental liberties as good as a supplies of a Criminal Procedure Code (Act 593) relating to poke as good as detain which presumes which a poke aver should have been sought as a have a difference of course, as good as which a aver is postulated usually upon reasonable guess which a seizable corruption has been committed during a DUMC premises. T! he requi rement of a poke aver is a elemental recognition of a right to remoteness inside of one's own domain as good as space.
More importantly, given a sensitivity of inter-religious family as good as a sanctification of religious places of worship, such a aver should be postulated usually by a court or decider from a Civil Court as good as usually upon firm as good as clear grounds.
The fact remains which Jais carried out a raid with negligence for established supplies as good as procession of law a personality of a Jais party failed to benefaction applicable identity documents to confirm he was in truth "an certified officer", mention a offence(s) or suspected offence(s) relating to propagation underneath a Selangor Enactment which was purported to have been committed as good as which he had performed a poke aver from a Magistrate or a High Court, especially when a church was a aim of a raid. For these reasons, it might be argued contrary to a Sultan's statement, which prima facie, Jais had not acted rightly inside of a bounds of law when it raided DUMC.
Second, it should be remarkable which a have a difference claims "there were attempts to mishandle a conviction as good as idea of Muslims but which a justification performed would be insuffici! ent for further certified actions to be taken."
The plural word "attempts" suggests Christians during DUMC were guilty of subverting Islam not usually upon Aug 3, 2011, but which they were repeatedly committing a purported offence. This is a many unfair as good as dubious accusation which imputes shame to DUMC but gift any justification which could be accurate or refuted.
It might be remarkable which a English version of a Sultan's have a difference uses stronger difference than a central Bahasa version it translates a word "memesongkan (distort, deviate) fahaman dan kepercayaan fahaman orang Islam" with a word "subvert a conviction as good as idea of Muslims"
The have a difference unwittingly exposes a feeble foundations of its! accusat ions when it concedes which there was insufficient justification performed for further certified action. In elementary terms, this contingency means which Jais had FAILED to have a prima facie box opposite DUMC.
I might add which despite a attempt to hide during a back of a certified tenure of "insufficient evidence", a reality is which there was simply NO justification of overthrow of a Islamic faith. Beating a hasty retreat from a threat of prosecuting DUMC was a most appropriate choice left for Jais.
Third, it is alarming which a have a difference describes a activities of DUMC as overthrow of a Islamic faith. This assign is injurious to a integrity of Christians with courtesy to their profession as good as use of faith.
Regarding integrity of profession of a Christian faith: Christians during DUMC have never pretended to be training any sacrament alternative than Christianity. DUMC is, after all, a church. Christians have each right to uphold their ideology as good as use their conviction as good as whilst doing so, should not be judged as subverting or deviating /"memesongkan fahaman" Islamic ideology upon comment of a devout differences between a two religions. Following a logic of Jais, Christians could e! qually h ave charged Muslims for subverting a Christian conviction when Muslims evangelise a conviction different from Christians.
Regarding use of faith: Christians have been good good known for their social work which flows from their idea in a adore of God for a bad as good as needy. As a Bible says, "Religion which is pure as good as unpolluted before God a Father, is this: to revisit orphans as good as widows in their distress as good as to keep oneself unstained from a world" (James 1:27). Hence, a press have a difference from DUMC says, "DUMC conducts all its activities to offer a village as good as for a gratification of all Malaysians in any box of creed, race or religion."
It is thus alarming when Jais casts aspersions opposite a gift work finished by Chr! istians as good as claims which Christians have been subverting Islamic ideology upon comment of their great works. It might good be a box which a little needy Muslims have availed themselves to a great services offering by DUMC, as good as DUMC obviously cannot spin them divided simply because they occur to be Muslims.
DUMC might good be charged for compelling religious noise if it makes sacrament a cause before anyone can embrace welfare. On a alternative hand, Christians might good be advised to stop their work which might incline a Muslim to perspective a Christian conviction agreeably given this would incur a wrath of Jais officials. At best, a Sultan's have a difference can be tampered with by mischievous parties as good as exploited to falsify a charitable intention of Christians; during worst, it maligns a gratification work of Christians.
Therefore, you acquire a proclamation made by a mentri besar of Selangor, Abdul Khalid Ibrahim, which a Selangor supervision will set up a special cabinet to fine-tune a Standard Operating Procedure (SOP) followed by a Selangor Islamic Religious Department (Jais) in doing attempts to proselytize Muslims.
We hope a cabinet will come up with recommendations which will 1) safeguard Jais entirely understands as good as observes a bounds of its authority, which is, which it has no office over non-Muslims, as good as 2) any review of non-Muslims heading to intervention by a Islamic authorities should follow a proper procession as good as law, including obtaining a poke aver postulated by senior legal officials from! a relig iously neutral establishment such as a Magistrate or a High Court judge.
Otherwise, a supervision ends up surreptitiously investing deceptive as good as excessive management to Islamic officials over non-Muslims. The consequences will be abuse of power, as good as unresponsive as good as provocative actions opposite non-Muslim believers as seen in a box of a Jais raid of DUMC.
We do good to attend respectfully as good as sy! mpatheti cally to a appeal from a plant of religious abuse, in this box DUMC, when it says in its media statement, "We sincerely ask which all religious communities as good as places of ceremony be treated with pinnacle request oneself as good as not be intruded upon."
Dr Ng Kam Weng is research executive during a Kairos Research Centre
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