RoS: Drop EGM to censure Liow

by Adrian Lai
New Straits Times
19.10.2013

PRESERVING UNITY: Registrar urges MCA to refer him to disciplinary committee instead

KUALA LUMPUR: CONCERNED over the worsening leadership crisis plaguing MCA, the Registrar of Societies (RoS) has issued a letter to party president Datuk Seri Dr Chua Soi Lek, urging him to consider dropping a move to censure his estranged deputy, Datuk Seri Liow Tiong Lai, at the extraordinary general meeting (EGM) tomorrow.

RoS principal senior assistant director Desmond Das told the New Straits Times yesterday that Dr Chua’s office had received the letter on Thursday morning.

“The letter was written by RoS director-general Mohammad Razin Abdullah, in which he expressed concern about the ongoing tiff between Dr Chua and Liow. Read the rest of this entry »

3 Comments

Religion In Protest

by Allan CF Goh
(A Poem)

Religion is there for mankind
To discover his soul and its kind
It’s there for his spiritual need
Be better based on enlightened deed
Religion must preach righteousness
Built up with karma of real kindness
So as to enhance his belief
To bring benign religious relief
Religion clothed in intemperance
Demeans its true holy forbearance Read the rest of this entry »

No Comments

Chua Should Keep His Word and Quit

By Kee Thuan Chye
msn.com
19.10.2013

Chua Soi Lek is being extremely unreasonable in telling his deputy, Liow Tiong Lai, to quit the leadership of the MCA before he himself will step down. And his push for an extraordinary general meeting (EGM) to overturn the party’s resolution not to take up government positions in light of its poor performance at the last general election (GE13) is a betrayal of his pre-GE13 promise.

On these two issues alone, he has lost all dignity and should just slink into a corner and disappear. He should not be blustering like he is doing in order to try and get things his way. It only makes him appear more and more like a dictator, and an irrational one, to boot.

No wonder there are groups within the party campaigning to bring about his downfall. Like the Save Party Committee 3.0 and the ABC (Anything But Chua) movement. The latter was initiated by newly-elected central delegate Lee Hwa Beng, who was summarily sacked from the party last week at a meeting chaired by Chua, clearly to get rid of the latter’s opponents. Read the rest of this entry »

5 Comments

Allah decision binding on all Malaysians, says retired AG Abu Talib

by V Anbalagan
The Malaysian Insider
October 19, 2013

All Malaysians are bound by the Court of Appeal ruling on the Allah issue, says former attorney general Tan Sri Abu Talib Othman, who is puzzled that Putrajaya believes the controversial judgment does not affect Christians in Sabah and Sarawak.

The appellate court agreed that the Home Minister could ban the word Allah in the Catholic weekly Herald, but two Cabinet ministers had insisted the decision did not include the Al-Kitab, the Bahasa Malaysia bible widely used in Sabah and Sarawak, and other Christian publications in East Malaysia.

“It has the effect of a binding precedent and all have to respect that decision, whether you agree or disagree,” he told The Malaysian Insider, adding it was binding until set aside by the country’s highest court, the Federal Court.

Abu Talib, who was the chief legal adviser to the government for 13 years from 1980, said there could be no two sets of law when “we have one nation and one supreme constitution”.

“So, there cannot be exemptions given to Sabah and Sarawak on this religious issue based on region or state,” he said.

Abu Talib said this in response to Cabinet ministers Tan Sri Joseph Kurup and Datuk Seri Dr Maximus Ongkili who had taken the position that Christians in the Borneo states were not affected by the appellate court ruling on Monday and could use the word in their religious practices. Read the rest of this entry »

4 Comments

Is ‘Allah’ issue interpreting the constitution or a will?

Mohamed Hanipa Maidin
Malaysiakini
Oct 17, 2013

MP SPEAKS Freedom of religion as enshrined in Article 11 of the federal constitution has never been absolute. Nowithstanding that, the constitution definitely allows Christians to use ‘Allah’ in their Catholic weekly publication The Herald.

Thus, it is indeed shocking to learn that the Court of Appeal unanimously invoked the constitutional ground to affirm the decision of the home minister in preventing The Herald from using the word Allah in its publication.

As far as I am concerned, the issue is rather simple and straightforward, namely whether Allah exclusively belongs to Muslims. If the answer is in the affirmative, then it is the end of the matter.

In other words the Christians or other religious adherents do not have any constitutional right to use Allah’s name. The rule is so simple – you cannot claim any right which is not yours in the first place.

Truth to be told, Allah is not the exclusive possession of any Muslim. The non-exclusivity of Allah to the Muslims is in fact derived from the Muslim’s main sources of guidance, which are the Quran and the hadith. Read the rest of this entry »

4 Comments

Don’t secede, just leave BN!

– Sakmongkol AK47
The Malaysian Insider
October 18, 2013

We do not have to wait for GE14 to oust Prime Minister Datuk Seri Najib Razak and Barisan Nasional (BN). Nor have we reached a stage where conscientious lawmakers forget about being partisan and agree on a vote of no confidence against the PM. BN presently has the numbers and has the support of an equally partisan speaker.

Any motion of no confidence will be defeated. Jeffrey Kitingan’s talk about secession is super brave. It can be seditious or can be treated so. If the government wants to, it can treat Kitingan’s proposal as seditious. Umno and BN foot soldiers will likely do what they normally do – make police reports against Jeffrey and others dong the same brave talk.

If you look at point 7, it says there is no right of secession. What do Sabahans and Sarawakians want? Since secession is not possible, the next best thing is to kick out the Federal government which is the source of much of the East Malaysians’ discontent. Work with people who can make that possible. Read the rest of this entry »

7 Comments

Strange reasoning

— Clive Kessler
The Malay Mail Online
October 16, 2013

OCT 16 — The more I think about the Court of Appeal’s recent judgment in the case of the government’s appeal against the lower court’s determination in favour of The Herald, the crazier, and more infuriatingly wrong-headed, it seems.

The legal reasoning of Justice Mohamad Apandi Ali seems not just “innovative” but arguably bizarre and, to the historically minded, even absurd. It seems hardly sustainable.

It rests upon and promotes the radical idea that the enjoyment by minorities of their religious freedom “in peace and harmony” was, as a form of words, not intended as a constitutional guarantee or assurance to them but as a way of making that freedom of theirs subject to the pleasure, discretion and the inflationary whims of the majority.

With that “contrarian” spin, these words are now made to serve as the practically enabling condition or mechanism of the minority’s subordinate and infinitely ever more constrainable situation.

That is to say, of a situation where the exercise of any of the potential freedoms of religious conscience that the minority might claim is now to be made conditional upon continuing, and always revocable, majority consent — upon the majority’s increasingly reluctant and unlikely forbearance. Read the rest of this entry »

2 Comments

Has Najib’s 1Malaysia Policy degenerated in four years into a 2Malaysia Policy with different interpretations of constitutional guarantee of freedom of religion for two different regions in Malaysia?

Has Prime Minister Datuk Seri Najib Razak’s 1Malaysia Policy degenerated in four years into a 2Malaysia Policy with different interpretations of the constitutional guarantee of freedom of religion for two different regions in Malaysia?

This is a question that cries out for answer after the Minister in the Prime Minister’s Department Tan Sri Joseph Kurup told Sin Chew Daily that the Cabinet had decided after the Court of Appeal judgment on the “Allah” case that in keeping with the earlier 10-point solution, the word “Allah” can be used by Sabahan and Sarawakian Christians in their worship, including in the Malay-language bible Al-Kitab.

Many queries have been spawned, including whether the Cabinet can override the Court of Appeal judgment by executive fiat, which no lawyer, whether in Cabinet, government, Parliament or in the country would ever claim.

What then is the legality, legitimacy and longevity of the Cabinet decision attempting to override the Court of Appeal “Allah” judgment? Read the rest of this entry »

4 Comments

After the Allah decision, Putrajaya in futile bid to salvage Malaysia

NEWS ANALYSIS BY THE MALAYSIAN INSIDER
October 17, 2013

There is irrationality and irony in the Cabinet’s decision that the word Allah can be used in worship and in the Bahasa Malaysia bibles in Sabah and Sarawak – because one cannot compartmentalise religion by regions.

Nor can the Cabinet override the court’s decision.

Or the fact that the Bahasa Malaysia section of the Catholic weekly, the Herald, is actually meant for East Malaysians where most of the Catholics speak and read the national language more than anywhere else in the country.

After all, what are the chances that a non-Catholic would be able to lay his or her hands on one of the 14,000 copies printed weekly in Malaysia for some one million Catholics in the country?

If anything, the Cabinet decision that the Court of Appeal ruling would not affect Christians in Sabah and Sarawak shows that at the end of the day, everything is about politics. Read the rest of this entry »

28 Comments

Bar questions premise for ‘Allah’ judgment

Christopher Leong
Malaysiakini
Oct 16, 2013

COMMENT The Malaysian Bar is deeply concerned by the decision of the Court of Appeal delivered on Oct 14, 2013 in what is commonly referred to as the ‘Herald’ or ‘Allah’ case.

The concerns arise from the court’s interpretation of Article 3(1) of the federal constitution on the status of Islam and other religions and Article 11(1) and (4) on the fundamental right to profess and practice a religion.

Any interpretation of the constitution must invite the greatest scrutiny as it impacts on the fundamental freedoms guaranteed to all citizens. Read the rest of this entry »

9 Comments

Jakarta Post: ‘Allah’ ruling risks spreading to Indonesia

By Boo Su-Lyn
The Malay Mail Online
October 17, 2013

KUALA LUMPUR, Oct 17 — Malaysia’s court ruling on Muslims’ exclusivity over “Allah” could inspire Indonesians of the faith to lay the same claim over the Arabic word, Jakarta Post warned in an editorial yesterday.

The English-language daily in Indonesia noted that religious exclusivism was equally strong in Indonesia, “if not stronger” than in neighbouring Malaysia, citing previous debates like whether non-Muslims should be allowed to say the traditional Arabic phrases “Assalamu’alaikum” (peace be upon you), “Alhamdulillah” (praise be to God) and “Insya Allah” (God willing).

“It’s only a matter of time before someone takes the cue from Malaysia and starts raising objections to non-Muslims using the word Allah,” Jakarta Post wrote in an editorial titled “No one has monopoly claim to God: On the use of ‘Allah’ in Malaysia”.

“No one who believes in the power of one supreme God can really claim exclusivity. There is no such thing as the God for Catholics, just as there is no such thing as the God or Allah for Muslims,” added the newspaper.

Jakarta Post stressed that “those who claim exclusivity to God undermine their own faith, and inadvertently or not, preach polytheism”. Read the rest of this entry »

2 Comments

Would Malaysia be formed 50 years ago if Court of Appeal Allah judgment was the law of the land

Barely a month after the 50th anniversary of the formation of the Federation of Malaysia, the recent Allah Judgment has raised many important questions for the founding of and the future of our country.

The first point of the 18 point Sarawak agreement and the 20 point Sabah (then North Borneo) agreement emphasized the freedom of religion that must be enjoyed by Sarawak and Sabah as minimum demands for the formation of the Federation of Malaysia.

It should be noted that in the Cobbold Commission Report of 1962, the views of the Chairman and the British members of the Commission were for the insertion into the state constitutions of Sabah and Sarawak a specific provision to guarantee the freedom of religion.

It should also be noted that the Malayan members of the Commission, Ghazali Shafie and Wong Pow Nee both agreed that while Islam would be the national religion for the Federation, they were ‘satisfied that the proposal in no way jeopardises freedom of religion in the Federation, which in effect would be secular’.

Given the importance of the freedom of religion to the peoples of Sabah and Sarawak, would there have been widespread support for the formation of the Federation of Malaysia if the Court of Appeal Allah judgment was the law of the land?

What would have been the reaction of the peoples of Sabah and Sarawak to the findings of the judgment prohibiting the usage of the word “Allah” in the Herald and that the usage of the name “Allah” is “not an integral part of the faith and practice of Christianity”?

Or would history have been overturned and Malaysia, as we know it today, comprising of Peninsular Malaysia, Sabah and Sarawak not be in existence?
Read the rest of this entry »

2 Comments

Muslim judges’ decision all politics, no law

By Joe Fernandez | Wednesday, 16 October 2013 01:04
CPI

CPI introduction

We are reproducing two newspaper articles which have appeared in response to the ruling by the Court of Appeal banning the use of the word ‘Allah’ in the Herald. The first article from the Borneo Insider provides a succinct analysis of the political underpinnings and ramifications of the COA decision and the costly impact it will have on the Barisan government. The second from one of the leading papers in the Middle East points to how irrational and unjustifiable the ruling is from any point of view – legal or theological or other.

********************************

In a dramatic first in world history and law, the Court of Appeal (COA) sunk to an all-time new low on Monday (14 Oct 2013) in allowing an appeal by the government of Malaysia against a High Court decision on 31 Dec 2009 which held that the Herald, a Catholic weekly, has the right to use the term Allah for God in its Malay language edition on the faith.

Judges Mohamed Apandi Ali, Abdul Aziz Abdul Rahim, and Mohd Zawawi Salleh presided.

Earlier, the High Court had ruled that the Home Minister was wrong, in law and the constitution, to impose a restriction in the licensing regulations that the Herald should not use the term Allah in Malay print in matters involving the Christian faith.

The Herald can apply for leave to appeal to the Federal Court (FC) against the COA decision.
Read the rest of this entry »

25 Comments

In Umno, battle is between incumbents and challengers, not reformers and right wingers

NEWS ANALYSIS BY THE MALAYSIAN INSIDER
October 16, 2013

Malaysians should disabuse themselves of any notion that the Umno elections are a battle between reformers and conservatives or the enlightened and blinkered, as the victors of last weekend’s Umno Youth and Wanita polls would like to see it.

It is really a battle between incumbents and challengers and nothing separates them in terms of ideology. It is me first, Umno, Malays and then the national interest.

Both Khairy Jamaluddin and Datuk Seri Shahrizat Abdul Jalil won because they had the power of incumbency, and were supported by a push from the top which wanted to keep the status quo.

And their challengers were minnows.

Everything also points to the incumbents being returned as vice-presidents this weekend, no matter the strong challenge from the popular Tan Sri Isa Samad, Datuk Seri Ali Rustam and Datuk Mukhriz Mahathir. Read the rest of this entry »

4 Comments

Malaysia in 2030

Liew Chin Tong
The Malaysian Insider
October 16, 2013

In discussing the issues we face in 2013, it will be instructive for us to find new perspective by looking beyond the horizon to consider the possibilities that 2030 holds.

Both Tun Abdullah Badawi who was Prime Minister from October 2003 till April 2009 and Dato’ Seri Najib Razak who took over from him since then have missed the boat to reform Malaysia. Likewise, Tun Dr Mahathir Mohamad’s Vision 2020 is just a distant dream, a castle in the sky.

Post-13th General Election, discussions about Malaysia’s future is no longer depending on Barisan Nasional. The government-in-waiting Pakatan Rakyat and the rakyat (people) need a broader horizon as a reference for this kind of conversation. Read the rest of this entry »

8 Comments

Court wrong in Allah decision, says law expert

Malaysiakini
Oct 15, 2013

The Court of Appeal was wrong in its decision banning Christian weekly Herald from using the word ‘Allah’ to refer to God in Bahasa Malaysia, said a constitutional law expert.

“By linking religious rights under the chapter on fundamental liberties with Article 3(1) of the Federal Constitution which effectively makes Islam the benchmark for everybody, this runs counter to the general meaning of Article 3(1) of the Federal Constitution itself,” Dr Abdul Aziz Bari told Malaysiakini today.

“The plain meaning of Article 3(1) is simply this: that despite the fact that Islam has been made official religion, non-Muslims may go on practising their religions freely without restriction,” said the former Universiti Islam Antarabangsa (UIA) law lecturer.

He said that the implication of the decision is that it might make non-Muslims feel “unsafe” and this is contrary to the essence of the Article 3 in the constitution.

Abdul Aziz also noted that the court decision yesterday sounded like a “policy decision” – a decision that is not strictly based on law. Read the rest of this entry »

12 Comments

What is wrong with Umno?

― Koon Yew Yin
The Malay Mail Online
October 15, 2013

Oct 15 ― The last few weeks have seen the Umno Vice President candidate Datuk Seri Ahmad Zahid Hamidi pull out all the stops to endear himself to the Malay heartland. His campaign tactics have included:

1. Promoting a shoot first policy amongst the police aimed at wiping out suspected bad hats and criminals

2. Accusing the Chinese underworld of being masterminds behind criminal activities; Indians as hit men; and Malays as the primary victims

3. Implying that the Tiga Line Gang, a banned Malay gang, is actually misunderstood and quite harmless, and tacitly supporting the activities of the gang. The Tiga Line is believed to have links with Malay NGO Pertubuhan Kebajikan dan Dakwah Islamiah Malaysia (Pekida), which in turn is strongly linked with Umno. The group is alleged to be involved in drug distribution, car-jacking and night-club protection.

Columnists from the mainstream media, notably from The Star, have tried to downplay his irresponsible and inflammatory and racially divisive speeches, claiming that he is simply burnishing his “tough-guy image” and linking his comments to the on-going leadership campaign for the three vice president positions in the party. Read the rest of this entry »

7 Comments

Johore a key battle ground for the vision of a Malaysian Dream as a unifying factor for all Malaysians and an antidote to the revival of extremist and intolerant racist politics in five months after 13GE

Johore is a key battleground for the vision of a Malaysian Dream as a unifying factor for all Malaysians, regardless of race, religion or region and antidote to the revival of extremist and intolerant racist politics in the five months after the 13th general elections on May 5, 2013.

In fact, the Vision of a Malaysian Dream was given expression in the Battle of Gelang Patah in the 13th General Elections, as a direct response to irresponsible and reckless campaign by UMNO politicians, led by former Prime Minister Tun Mahathir, to racialise the Gelang Patah contest in particular and the 13th general election in general.

But Gelang Patah was a major failure for Mahathir, particularly his irresponsible and reckless campaign to racialise the Gelang Patah battle between former Mentri Besar Datuk Ghani Othman and myself by falsely and mischievously alleging that I had wanted to create a “racial confrontation” and that I was seeking to incite the Chinese to hate the Malays.

In fact, far from trying to racialise the electoral battle, it was in pursuit of the Malaysian Dream as a rallying point of unity for all races in the country that was behind my high-risk decision to leave the Ipoh Timor parliamentary seat, where I had won with a majority of over 21,000 votes in the 2008 GE, to contest in the Barisan Nasional fortress of Gelang Patah which BN had won with some 9,000-vote majority in the 2008 GE and a humoungous 31,688-vote majority in the 2004 GE.

There was no surety that I could win in Gelang Patah. In fact, there was a lot of concern that I would lose as I had seemed to have bitten more than I could chew, especially with top UMNO campaigners like Tun Mahathir and Deputy Prime Minister Tan Sri Muhyiddin Yassin calling on the voters to make Gelang Patah my “graveyard”. Read the rest of this entry »

18 Comments

Parliament Must Replace Najib with Tengku Razaleigh

M. Bakri Musa
14.10.03

Malaysia cannot afford Najib Razak’s continued inept leadership. As UMNO has failed to terminate his leadership, and the next election is too far away, it is now up to Parliament to do the necessary. Najib, who is also Finance Minister, will table his budget on October 25, an opportune time for Parliament to pass a no-confidence vote on the budget – and hence his leadership – thus forcing the son of Tun Razak (TR-1) to resign. MPs have a far greater duty beyond loyalty to their leader, and that is loyalty to their country.

With the Will and Guidance of Allah, SWT, Najib can spare himself this unprecedented disgrace and simultaneously relieve his fellow parliamentarians of this distasteful chore by ceding the Prime Ministership to Tengku Razeleigh (TR-2). By gracefully withdrawing now, Najib could return later to lead his party for the 14th national election, and would be a better leader for this voluntary hiatus.

Should Najib contemplate being stubborn, he should remind himself of similar parliamentary practices resulting in the ejection of his contemporaries. In August, British MPs denied Prime Minister Cameron his motion to intervene in Syria. This defying the leader is also not alien to UMNO. TR-1 did it to Tunku Abdul Rahman, albeit in a soft, subtle way. The wise and sensitive Tunku readily saw the signals. Read the rest of this entry »

11 Comments

In Umno, incumbency rules, not reforms

The Malaysian Inside
October 13, 2013

Three things we learned from this weekend’s Umno polls.

Tun Dr Mahathir Mohamad’s influence in the party on the wane.

Yes, he is still the most recognisable name in Malaysian politics and a segment of Umno members yearn for a return to the days when he owned Putrajaya but there is a limit to what Dr Mahathir Mohamad can do these days.

We got a peek into his waning influence in the run-up to the general elections on May 5 when he could not alter the outcome in many places where he campaigned furiously. Remember Gelang Patah. Remember Shah Alam. Remember Pasir Mas. Remember Lumut.

For many younger voters, he was like a voice from another generation. For many non-Malays, he was the leader of the right-wing brigade and a reminder of all the excesses of the Mahathir era. Read the rest of this entry »

12 Comments