Islam in Southeast Asia: Political, Social and Strategic Challenges for the 21st Century

13. THE MALAYSIAN CONSTITUTION, THE ISLAMIC STATE AND HUDUD LAWS

256 256 Shad Saleem Faruqi 13 THE MALAYSIAN CONSTITUTION, THE ISLAMIC STATE AND HUDUD LAWS Shad Saleem Faruqi INTRODUCTION Malaysia has a record of racial, cultural and religious tolerance that should be the envy of all plural societies. Mosques, temples, churches and gurdwaras dot the landscape. Citizens celebrate each others’ religious festivals. Unlike in some other democracies where religious/communal riots erupt with painful regularity and where holy places of minority religions are often razed to the ground, in Malaysia there is much inter-religious friendship and tolerance. Cultural and religious pluralism are not only tolerated, they are celebrated. Religious extremism and attempts to disrupt religious harmony are severely dealt with. Unlike in England where blasphemy is an offence only against the Church of England,1 the Malaysian Penal Code in sections 295–298A punishes offences against all religions. Legislation has been introduced to provide for Muslim and non-Muslim religious institutions. Among the laws existing are: Islamic Banking Act 1983, Islamic Development Bank Act 1975, Islamic Family Law (Federal Territories) Act 1984, Syariah Court Evidence (Federal Territories) Act 1997, Syariah Courts (Criminal Jurisdiction) Act 1965, Syariah Criminal Offences (FederalTerritories) Act 1997, Syariah Criminal Procedure (FederalTerritories) Act 1997 and 122 State Enactments and Ordinances on Islamic matters in 256 13 Islam Pt III_Ch 13 4/2/05, 10:45 AM 256 257 The Malaysian Constitution, the Islamic State, and Hudud Laws 257 the thirteen states of the Federation. In relation to non-Muslim religious affairs the prominent laws are: Daughters of Charity of the Canossian Institute (Incorporation) Ordinance 1957; Synod of the Diocese of West Malaysia (Incorporation) Act 1971 (Act 36); Muslim and Hindu Endowments Ordinance (Cap. 175); Cheng Hoong Teng Temple (Incorporation) Act 1949 (Act 519); Pure Life Society (Suddha Samajam) (Incorporation) Ordinance 1957; Superior of the Institute of the Congregation of the Brothers of Mercy (Incorporation) Act 1972 and Superior of the Institute of the Franciscan Missionaries of Mary (Incorporation) Ordinance 1957. Financial allocations and tax exemptions are granted to all religions. Foreign priests and missionaries are allowed permits to enter and work in the country. Christian and Hindu festivals are marked by national holidays. Missionary hospitals, schools, bookshops and hostels abound. Christian missionary teachers are often retained till age sixty-five,2 a privilege not enjoyed by other religious teachers. Hotel rooms throughout the nation carry the King James Version of the Bible. At the same time the direction of the Muslim qiblat (direction of prayer towards the Ka’ba) is required to be indicated in every hotel room. Liquor shops are allowed. Gambling casinos are permitted, though regulated. Pig-farming is widespread despite the abhorrence that Muslims have towards the swine. Shops and supermarkets are flooded with non-halal products. Cultural and religious tolerance extends to the use of minority languages in trade and commerce, and the establishment of private schools using Chinese and Tamil as the medium of instruction. Unlike in a neighbouring country, minorities are not required to change their cultural identity by adopting Malay names. In primary and secondary schools religious clubs are allowed to exist. Though school uniforms are prescribed, Sikh boys wear turbans and some Muslim boys use the songkok or the serban3 (types of headgear). Female pupils can wear pinafores or adorn the Muslim hijab (veil) complete with head scarves. Many Christian pupils wear crosses on chains. Hindu pupils dab their forehead with holy ash. In sum the Malaysian approach is that the state should not be indifferent to or hostile towards religions. It must promote tolerance. Tolerance comes not from the absence of faith but from its living presence. AREAS OF CONCERN Despite the above there is no denying that there are areas of concern to Muslims and non-Muslims alike. 13 Islam Pt III_Ch 13 4/2/05, 10:45 AM 257 258 258 Shad Saleem Faruqi (a) Planning Permission It is alleged that local authorities often drag their feet in granting planning permissions for religious buildings if the area is heavily populated by religious communities other than the applicant’s community.4 (b) Inter-Religious Marriages As Muslims are not allowed to marry under the civil law of marriages, and must marry under shari’a law, non-Muslims seeking to marry Muslims have to convert to Islam if the marriage is to be allowed to be registered. This has caused pain to the parents of many converts. Likewise it has led to several troublesome cases...