KUALA LUMPUR (July 1, 2009) : Lim Kit Siang (DAP-Ipoh Timur) wants parliament to convene an emergency sitting to pass amendments to the Law Reform (Marriage and Divorce) Act 1976 not relating to Islam.
He said the announcement of Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz on Tuesday that laws on conversion would be indefinitely put on hold pending a decision of the Conference of Rulers was a great disappointment and setback in the resolution of such a “burning issue”.
“I call on the cabinet on Friday to take a bold decision on matters arising from unilateral conversions … these must be resolved without any delay,” Lim said.
“The Law Reform (Marriage and Divorce) Act has nothing to do with Islam, and I call on the cabinet to make a decision so that parliament can convene an emergency sitting in July or August, specially to deal with this problem which has become so polarising and dividing,” he said at the parliament lobby.
Lim said that when parliament adjourns tomorrow, it would sit again only three and a half months later, and “I would not know how many conversions will take place in three and a half months and create family pain, children’s agony and national disunity”.
On the issue of the eviction of residents of Kampung Buah Pala in Penang to make way for development, Lim said former chief minister Tan Sri Dr Koh Tsu Koon should speak up on whether he would make amends for his decisions in relation to the village by securing a federal government grant to enable the Penang government to resolve the issue.
“The state government is now caught in a vice created by Koh’s (now minister in the Prime Minister Department) administration, although it had prevented the eviction of the residents since the middle of last year,” Lim said.
He demanded Koh explain why the former state government had approved the sale of the land to Koperasi Pegawai-Pegawai Kerajaan Pulau Pinang at the low premium of RM6.42 million and later halved this to RM3.21 million.
Lim said Koh must state why the former state government had not consulted the residents before alienating the 2.6ha of land, on which a 14-storey luxury condominium is now to be built.
“It had been said that Chief Minister Lim Guan Eng could res-olve the issue with ‘the stroke of a pen’. Yes, it can be resolved, but it will involve compensation for the RM150 million project.
“Can the state government afford such compensation?”
On the withholding of a RM660 million payment to the Port Klang Free Zone’s turnkey developer, Kuala Dimensi Sdn Bhd, by the Port Klang Authority (PKA), Lim said: “I welcome the decision, but if Transport Minister Datuk Seri Ong Tee Keat claims credit for it, he must be prepared to take responsibility for all the other decisions of the PKA board.”
He reminded Ong that he (Ong) still had a day before parliament adjourned to get motions passed to refer all concerned to the Privileges Committee to determine who had actually misled the House.
#1 by SpeakUp on Thursday, 2 July 2009 - 12:13 pm
Mr Lim … its a ploy, the checkmate. The LRA may not have any thing to do with Islam but the whole thing as a whole has. You can amend the LRA now but you will face 2 issues:
i. disrespect to the Conference of Rulers; and
ii. the never ending conflict between civil law and syariah law
Come on … you can see that I am sure.
#2 by frankyapp on Thursday, 2 July 2009 - 1:00 pm
Sabah is a great diversified state.It’s a multi racial,multi religious and consisted atleast 33 ethnic groups.Namely the muslim malays(bajau,kadayan) bumis who are mostly christian(kadazan,dusun,murut),chinese (Buddha,Taoist,christian) and the rest are mixture of various religion.I want to emphazise the three major groups.These major group normally mix and interact pretty well in various societal activities and hence the likelyhood of gloom ,boom and love which most couple ending up in marriage.If the couple is of the same religion,then it’s perfect but when it is not,especially if one is a muslim,the other is unilaterally converted to muslim in order to effect the couple’s marriage.Some of these unilateral conversion are minors (below 18 years old) thus creating many family’s problems of many kind.As long as this one sided conversion is not done with or resolved as soon as possible,the struggle for legal rights ,the question of human rights when problems arise from these marriages will have an enormous consequences.Hence I fully support YB Lim request to asking the cabinet to resolve this lopsided conversion as soon as possible to avoid more family pain,children’s agony and national disunity.
#3 by OrangRojak on Thursday, 2 July 2009 - 2:11 pm
Just out of interest:
1. Is it possible to have a civil-only marriage in Malaysia, or must a couple have a religious ceremony which is then registered?
2. If 1 is possible, then is it possible to record a new civil marriage with different data recorded in the two partners’ ‘religion’ fields? (I’m sorry about the clumsy language in the question – ‘tiada agama’ is not my religion!)
3. If 2 is possible, then is it possible for all combinations of data recorded in the ‘religion’ field? For example, is it possible to record a marriage with one ‘Islam’ and one ‘Hindu’? (As could conceivably be the case for a couple who married in a civil ceremony in a country with less restrictive laws, or possibly from any local community whose traditions are more permissive)
I’m not after a quarrel, I just want my ignorance upgraded, as usual!
#4 by SpeakUp on Thursday, 2 July 2009 - 2:28 pm
OrangRojak … since the law was amended the Civil Marriages Act, must register la. As for registering with different RELIGION, I am unsure, me not yet tie the knot. Hahahahaa …
#5 by rubini on Thursday, 2 July 2009 - 5:03 pm
All over the world, people of different faiths marry one another even in Indonesia this is possible. In Malaysia, this is not allowed because the Muslims fear the dilsution of their political power.
Muslim are controlled thru the state. Freedom of religion is never practiced in Malaysia. Political parties like UMNO & PAS would have been a living memory if this was done.
For as long the principle of separation church & religion is not upheld, society will become worse than it is already is.
#6 by House Victim on Thursday, 2 July 2009 - 5:28 pm
1. The Basic Principle must be realized that Malaysia is under the Constitution for ALL People with disregard Race and Religion. The Agong is to consent to what the Parliament suggested and processed (Representative of the people).
2. The Agong can act or fight for the Rights of the Bumi (but not for all Islam or Muslim). The Conference of Rulers has NO Rights to make Laws!!
3. The Cabinet can proposed a bill or amendments for the Parliament and NOT for the Agong! In fact, Bill and Amendment should be proposed for any MP who seem fit and NOT the privilege of the Cabinet!!
4. The Civil Court under the Constitute should overseeing all the Rights and Obligations of ALL the People. The Syariah Court should be under the Civil Court with NOTHING to be in conflict with the Constitution.
4. The Conversion of Religion should be on a voluntary basis and not compulsory. The later already against the Constitution. The proceeding of Marriage disputes should only be in the Syariah Court if both parties are Muslim and THEY AGREED to be tried in Syariah Court. The Religion itself should not have any binding on the Muslim to be tried in Syariah Court. Any law under the Constitution to specify any Religion to be tried under any specific court will be against the Constitution.
IF HUMAN RIGHTS AND SUCH BASIS PRINCIPLE CANNOT BE IN PLACE AND UNDERSTOOD, THESE KINDS OF MESS, IF NOT NONSENSE, WILL NEVER END!!
#7 by taiking on Thursday, 2 July 2009 - 5:34 pm
Yes OrangRojak, marriage in malaysia may be contracted by mere registration. Religious ceremony or for that matter any sort of ceremony is not necessary at all. Of course my remark does not apply to muslims.
#8 by johnnypok on Friday, 3 July 2009 - 12:49 am
If I am the PM, I will allow total freedom, and concentrate on the economy, instead of wasting time and energy on activities which has no commercial value, including snatching dead bodies, religion, conversion and what not. Stupid.
#9 by Onlooker Politics on Friday, 3 July 2009 - 1:56 am
OrangRojak,
Muslims in Malaysia are required by the Islamic Law to sign up for a course on marriage and to obtain a marriage certificate before prospective couples are permitted by Islamic religious practice to register for marriage. The marriage course may be the only religious practice which is required by a written law. Other than this, religious ceremonies, whether Islamic or non-Islamic, are just optional based on individual preference or based on tribal custom or racial tradition!
#10 by Onlooker Politics on Friday, 3 July 2009 - 2:12 am
OrangRojak,
With the implementation of Islamic Law which is applicable to all Muslim citizens, it is almost impossible for an intermarriage between a Muslim and non-Muslim to happen in Malaysia.
The original Al-Quran text did permit intermarriage between a Muslim and a Christian, so long as the Christian’s ancestors were practising Christianity since the time before the birth of Prophet Muhammad.
In Indonesia, many people still practise the rule of marriage as follows:
A) If a male Muslim marries to a female Christian, then the wife will be converted into a Muslim;
B) If a male Christian marries to a female Muslim, then the wife will be converted into a Christian.
Malaysia indeed has a much stricter man-made law to prohibit intermarriage between a Muslim and a non-Muslim. If a non-Muslim has fallen in love with a Muslim, then the non-Muslim must convert to Muslim for at least half a year before he/she is permitted by the Islamic Law to marry a Muslim.
#11 by Onlooker Politics on Friday, 3 July 2009 - 2:56 am
OrangRojak.
The Law Reform (Marriage and Divorce) Act of Malaysia is only applicable to non-Muslim citizens of Malaysia. If you are a non-Muslim in Malaysia and you are still not married yet, practically there is no one written law (except the Moral Norm of Tradition or the Holy Bible) which can effectively prohibit you from sleeping with an intimate partner of opposite sex and which can effectively prohibit you from making love in your own private room without getting married.
However, if you are going to have a new-born baby, then the law requires you to produce a Marriage Certificate before you can get your name and your wife’s name registered in the Birth Certificate of your new-born baby. This is the basic reason why nowadays many Chinese Couples in Malaysia choose to delay marriage registration until the female companion of ones has been found pregnant! If you want to know where you can register for marriage in Malaysia, then just go ask your pastor or the clergy father if you are a Christian or go ask a Ketua Kampung of Chinese Malaysian ethnic group if you are a Confucian follower, Buddhist follower, or Taoist follower. If you want to marry an Orang Asli (the Indigenous People) of Peninsular Malaysia, then you are required to register your marriage in JHEOA (The Department of Indigenous People’s Affairs). I am not so sure about the marriage registration for Hinduism Practicers or Sikh Practicers. Probably someone else may provide you the accurate answer in relation to the marriage of other minority groups in Malaysia.
Marriage dowry and ceremonial banquet celebration are optional for most religious groups in Malaysia and the choice is made based on the individual financial capability, personal liking and the result of the negotiation between the bridegroom’s parents and the bride’s parents.
In Malaysia, a male non-muslim cannot have more than one legal wife at the same time and the female non-muslim cannot have more than one legal husband at the same time, unless the polygamy practice was started before the enactment of the Law Reform (Marriage and Divorce) Act. This is the core legal requirement of the The Law Reform (Marriage and Divorce) Act of Malaysia.
#12 by monsterball on Friday, 3 July 2009 - 3:57 am
If religion is truly free….this is unheard of.
The captured minds and under control ..is UMNO own race.
Hypocrites are create by them….and these hypocrites are infact against UMNO……within their party and outside.
PAS have the most sincere Muslims.
Alot Malays are Muslims in name only…..out of no choice…but very open minded and practical people…..buy 4 digits…drink beer and enjoy life. These are dead against UMNO.
#13 by Joshua on Friday, 3 July 2009 - 6:58 am
When we talk of so many religions and esp a few major ones, we are in endless problems when some religions are dominant.
we have first to address the term ‘religion’, and what God intended it to be , and was it God’s intention to have so many socalled religions for one race – human beings?
If it is not God’s intention, then we are sure in deep trouble and no human means can solve that.
So what is God to human being- his creation?
definite not so many religions when God cannot be divided by his different attitudes as expressed in various major religions.
This is indeed a big issue and I can address it in Palm – http://politics-mission.blogspot.com/
pw: of animus
#14 by blablowbla on Friday, 3 July 2009 - 9:07 am
saudara YB LIM KIT SIANG,
Malaysia has paid an extremely high price of not choosing you as the country’s premier.
Thy cant put asside race,religion and ‘ketuanan melayu’.
by doing a thorough scanning into the current top leaders in the country,another qualified figure is saudara Dato Seri Anwar Ibrahim,but bcos of some accusations against him in the courts,interm of morality,you are better than him.
However,as i said earlier,ppl like tajuddin,nazri,jamaluddn janggut,boong moktar ,with the present policies,stand much greater chances than you to be the premier.
if the ppl of this country think like americans,you will be Malaysian’s Obama.
See how progressive is Singapore guided by a good n capable leader saudara Lee Kwan Yew,Malaysia has missed a boat to prosperity without you!
it’s not easy to have a good leader,what i suggest to you is,move yourself into international level,interact more often with current world leaders,get your assistants to deal with local BN’s reps,no point wasting your time arguing with these ‘thugs’,i hope things will get better in the very near future!
#15 by Jeffrey on Friday, 3 July 2009 - 2:04 pm
Onlooker, this about your comments Today at 02: 56.17 (10 hours ago) about – “if you are going to have a new-born baby, then the law requires you to produce a Marriage Certificate before you can get your name and your wife’s name registered in the Birth Certificate of your new-born baby.”
I believe that the position for non muslims is that before husband’s & wife’s names registered as father/mother in birth certificate, EITHER father OR mother has to sign if their marriage certificate is produced only but if they are not married then BOTH parents have to sign as father/mother before birth certificate issued.
Hence I don’t at this moment see how your next observation (an interesting/controversial remark with all its implications – “This is the basic reason why nowadays many Chinese Couples in Malaysia choose to delay marriage registration until the female companion of ones has been found pregnant!” – follow the premises earlier stated.
If you want to know where you can register for marriage in Malaysia, go to the Registry of Civil Marriages. I don’t think one necessarily need consult religious heads though they too may know where to get the forms and get them signed which is legally that which is effective, not the religious rites administered (I think).
Our legal well-knowledged commentator (SpeakUp) gleefully commented Yesterday at 14: 28.42 to OrangRojak “ not yet tie the knot. Hahahahaa …” because he jolly well knows that when he signs that form from the Registry of Marriage (rather than religious rites) the whole weight of public law encapsulated in the Law Marriage Reform Act – with all rights/obligations – will be applied to and enforceable against him before his ink dries…..and he may have some concern because he has no say in the formulation of rights/obligations under the public law to which he will be immediately subject!
In lighter vein what Onlooker Politics commented today at 01: 56.59 (11 hours ago) – “Muslims in Malaysia are required by the Islamic Law to sign up for a course on marriage…..” – let me just add that even non Muslims should sign up for such a course provided course is conducted by people knowledgeable in relationship/marriage dynamics .
Imagine expecting to marry for life and knowing nothing of marriage dynamics (except what you get from romantic novels and Hollywood films and what others say in grapevine)…
#16 by SpeakUp on Friday, 3 July 2009 - 3:52 pm
I can say that Jeff is a very smart man. :)
I agree pre-marital counselling is good. Not that it will ensure that all will be 100% great if you attend it but rather, it opens your eyes to what may come. Its prudent of course. I handled so many divorces it feels like abortion doctor, come in, sign, go out, NEXT!
In the Penang High Court, there are 5 sitting then when I was there, they would have at least 4 courts a day from Mon-Fri hearing about 4-5 joint divorce petitions a day. You calculate how many a year la …
#17 by Onlooker Politics on Friday, 3 July 2009 - 9:15 pm
“let me just add that even non Muslims should sign up for such a course provided course is conducted by people knowledgeable in relationship/marriage dynamics.” (Jeffrey)
I wonder whether Jeffrey is suggesting that non Muslims should go through some pre-marital counselling being conducted by someone who is supposed to have strong biblical knowledge and who has been appointed by the Church Pastor as the marriage councillor. Frankly speaking, several cell group leaders who were younger than me but who were very keen to provide counselling to me had in many occassions asked me this question, “Are you ready for a marriage?” That question itself makes me feel that I am not ready therefore until today I am still not married!
I was trying to tell OrangRojak where to seek guidance about registration for marriage because I guessed that OrangRojak is a foreigner who stays permanently in Malaysia and who may need help for marriage registration information. I don’t speak from a legal point of view on marriage registration but I did mention Ketua Kampung as a referee whom most common Chinese Malaysians will go seek advice for information on marriage registration.
‘Hence I don’t at this moment see how your next observation (an interesting/controversial remark with all its implications – “This is the basic reason why nowadays many Chinese Couples in Malaysia choose to delay marriage registration until the female companion of ones has been found pregnant!” – follow the premises earlier stated.’ (Jeffrey)
For your information, Jeffrey, I am neither a lawyer nor a logician. I was just hinting that many Chinese Malaysians were just too busy with their work and would procrastinate in doing the marriage registration in order to get a marriage certificate until someday when they found that a marriage certificate was needed by them in order to avoid a perceived embarrassment situation during the registration of a new-born baby in the hospital and during the submission of application to Jabatan Pendaftaran Negara (National Registration Department) for getting a birth certificate for the new-born baby.
I have to agree with my cell leaders that pre-marital sex practices are sinful adulterous behaviour. Therefore pre-marital sex should not be encouraged by all means!
#18 by SpeakUp on Friday, 3 July 2009 - 11:45 pm
Onlooker … about pre marital sex … the spirit is willing but the flesh is weak! Hahahahahaahaaa … but yes you are right, no premarital sex does give less problems. I am no saint but I agree with you!