ART HARUN
Lately there has been a public discourse upon whether Malaysia is a physical country or otherwise.
Let us take a break. And take a visit down mental recall lanes. Perhaps story might strew a small lights upon a issue.
To begin with, essay 3 (1) of a Federal Constitution provides as follows:-
"Islam is a sacrament of a Federation; but alternative religions may be practised in peace as well as harmony in any partial of a Federation."
Initially, when a Reid Commission was set to draft a Constitution, a Alliance (UMNO, MIC as well as MCA) presented a twenty page memorandum to a Reid Commission. On Islam, a memo says:
"The sacrament of Malaysia shall be Islam. The observance of this element shall not levy any incapacity upon non-Muslim nationals professing as well as practising their own religion, as well as shall not indicate which a State is not a physical State."
After 118 meetings, a Reid Commission wrote a inform in Rome as well as published it in Feb 1957. On a in front of of Islam, it says:
"We have deliberate a theme whether there should be any statement in a Constitution to a outcome which Islam should be a State religion. There was concept agreement which if any such sustenance were extrinsic it contingency be finished clear which it would not in any way start a polite rights of non-Muslims 'the sacrament of Malaysia shall be Islam. The observance of this element shall not levy any incapacity upon non-Muslim nationals professing as well as practising their own sacrament as! well as shall not indicate which a State is not a physical State'.
There is zero in a draft Constitution to start a continuation of a benefaction in front of in a States with courtesy to approval of Islam or to forestall a approval of Islam in a Federation by legislation or otherwise in any apply oneself which does not prejudice a polite rights of particular non-Muslims. The infancy of us consider which it is best to leave a make a difference upon this basis, seeking to a actuality which Counsel for a Rulers pronounced to us 'It is Their Highnesses' deliberate perspective which it would not be desirable to insert a small declaration such as has been referred to which a Muslim Faith or Islamic Faith be a determined sacrament of a Federation. Their Highnesses are not in foster of such declaration being extrinsic as well as which is a make a difference of specific direction in which we myself have played really small part."
Justice Abdul Hamid, a member of a Reid Commission from Pakistan however disagreed. He proposed to embody a following article;
'Islam shall be a sacrament of a State of Malaya, but zero in this Article shall forestall any adult professing any sacrament alternative than Islam to profess, use as well as generate which religion, nor shall any adult be underneath any incapacity by reason of his being not a Muslim'.
A sustenance similar to a single referred to upon top of is innocuous. Not reduction than fifteen countries of a universe have a sustenance of this sort entrenched in their Constitutions. Among a Christian countries, which have such a sustenance in their Constitutions, are Ireland (Article 6), Norway (Article 1), Denmark (Article 3), Spain (Article 6), Argentina (Article 2), Bolivia (Article 3), Panama (Article 36) as well as Paraguay (Article 3). Among a Muslim countries are Afghanistan (Article 1), Iran (Article 1),! Iraq (A rticle 13), Jordan (Article 2), Saudi Arabia (Article 7), as well as Syria (Article 3). Thailand is an instance in which Buddhism has been enjoined to be a sacrament of a King who is compulsory by a Constitution to defend which sacrament (Constitution of Thailand, Article 7). If in these countries a sacrament has been declared to be a sacrament of a State as well as which declaration has not been found to have caused hardships to anybody, no mistreat will ensue if such a declaration is enclosed in a Constitution of Malaya. In actuality in all a Constitutions of Malayan States a sustenance of this sort already exists. All which is compulsory to be finished is to transplant it from a State Constitutions as well as to embed it in a Federal."
In proposing as such, Justice Hamid was actually mirroring a memo by a Alliance. He said,
"It has been endorsed by a Alliance which a Constitution should contain a sustenance declaring Islam to be a sacrament of a State. It was additionally endorsed which it should be finished clear in which sustenance which a declaration to a upon top of outcome will not levy any incapacity upon non-Muslim citizens in professing, propagating as well as practising their religions, as well as will not forestall a State from being a physical State. As upon this make a difference a recommendation of a Alliance was unanimous their recommendation should be accepted as well as a sustenance to a following outcome should be extrinsic in a Constitution possibly after Article 2 in Part we or during a beginning of Part XIII."
In "The Making of a Malayan Constitution" by Joseph Fernando, a author states:
"The UMNO leaders contended which sustenance for an official sacrament would have an critical mental impact upon a Malays. But in deference to a objections of a Rulers as well as a concerns of non-Muslims, a Alliance concluded wh! ich a br and brand new essay should embody two provisos: first, which it would not start a in front of of a Rulers as conduct of sacrament in their respective States; as well as second, which a use as well as propagation of alternative religions in a Federation would be positive underneath a Constitution. The MCA as well as MIC representatives did not raise any objections to a brand brand new article, notwithstanding protests by most non-Muslim organizations, as they were given to assimilate by their UMNO colleagues which it was intended to have mystic stress rsther than than unsentimental effect, as well as which a polite rights of a non-Muslims would not be affected. "
Shortly after a London Conference a British Government issued a White Paper in June 1957 containing a Constitutional Proposals for eccentric Malaya. Paragraph 57 deals with a Religion of a Federation as well as reads:-
"There has been enclosed in a Federal Constitution a declaration which Islam is a sacrament of a Federation. This will in no way start a benefaction in front of of a Federation as a physical State, as well as every chairman will have a right to confess as well as use his own sacrament as well as a right to generate his religion, though this final right is theme to any restrictions imposed by State law relating to a propagation of any eremite doctrine or belief among persons professing a Muslim religion."
The Constitutional Bill was then was upheld without amendment.
In an effort to mollify them, a Colonial Secretary, Lennox Boyd, wrote to Lord Reid upon 31st May 1957 offering tribute as well as gratitude to a "remarkable" work finished by a Reid Commission as well as stated:-
"The Rulers, as you know, changed their tune about Islam as well as they as well as a Government presented a united front in foster of making Islam! a state sacrament even though Malaya is to be a physical state."
It is interesting to note which Justice Abdul Hamid, a solitary member of a Reid Commission who proposed essay 3 (1) to be extrinsic had described a sustenance as "innocuous". What does which harmless small sustenance meant than?
Professor Sheridan, a obvious consultant upon Malaysian Constitution opines as follows:-
"A Federation, as opposed to a people within a territory, carrying a sacrament is a formidable idea to grasp.. It has been referred to which a probable definition of a initial partial of Article 3(1) is that, insofar as sovereign commercial operation (such as rite business) involves eremite matters, which commercial operation is to be regulated in accordance with a sacrament of Islam" -The Religion of a Federation", [1988] 2 MLJ xiii
Considering recent events, which sustenance has however ceased from being innocuous. Hopefully, it would not be grievous instead.
Posted byart harun
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