MCA: Malaysia is a SECULAR state…

Press Statement issued by Sdr Gan Ping Sieu, MCA Spokesperson and Political Education Bureau head in response to the Prime Minister’s written reply in Dewan Rakyat on 12 Mar 09 that “Malaysia is a ‘Negara Islam’”

 

MCA: Malaysia is a SECULAR state

 

MCA Political Education Bureau head Sdr Gan Ping Sieu expressed reservation over the written reply given by Prime Minister YAB Dato’ Seri Abdullah bin Haji Ahmad Badawi to YB Karpal Singh in the Dewan Rakyat on 12 Mar 09 that “Malaysia is a ‘Negara Islam.’”

 

Ping Sieu welcomes the Prime Minister’s statement that Malaysia is not a theocratic state and shall adhere to a Parliamentary democratic system as enshrined in the Federal Constitution. Meanwhile, he held that the reference of Malaysia as a “Negara Islam” by the Prime Minister is wholly unnecessary, as the phrase “negara Islam” will only serve to confuse the Rakyat and cause unwanted fear.

 

Historical documents

 

MCA is of the position that Malaysia is nothing but a SECULAR STATE. This is evidenced from the following historical accounts and the subsequent debates when the Federal Constitution was drafted:-

 

1)    The Alliance Memorandum submitted to the Reid Constitution Commission on 27 Sept 1956 clearly stated that “the religion of Malaya shall be Islam … and shall NOT imply that the state is NOT a secular state.”

 

2)    When the Working Party, comprising the Alliance and the Rulers’ representatives and the High Commissioner met on 22 Feb 1957 to review the Reid Commission draft and on the possibility that the provision on religion being misinterpreted, the Alliance and UMNO chief Tunku Abdul Rahman assured the Working Party that, “the whole Constitution was framed on the basis that the Federation would be a secular State.”

 

3)    At the London Constitutional talks in May 1957, the Colonial Office did not object to the inclusion of an official religion after being assured by the Alliance leaders that they “had no intention of creating a Muslim theocracy and that Malaya would be a secular state.”

 

4)    On behalf of the Alliance, Sdr (later Tun) Tan Siew Sin told the federal legislature that the inclusion of the official religion “… does not in any way derogate from the principle, which has always been accepted, that Malaya will be a secular state and that there would be complete freedom to practise any other religion.”

 

5)    A year after Independence, on 1 May 1958, the then Prime Minister Tunku Abdul Rahman clarified in the Legislative Council that “I would like to make it clear that this country is NOT an Islamic state as it is generally understood. We merely provide that Islam shall be the official religion of the state.”

 

 

 

Judicial recognition

 

The above position has received judicial recognitions. The former Lord President, Tan Sri Mohamed Salleh Abas, in Che Omar bin Che Soh v Public Prosecutor (1988) stated that the term ‘Islam’ in Article 3(1) of the Federal Constitution meant “only such acts as relate to rituals and ceremonies… the law in this country is … secular law.”

 

The former Lord President Tun Mohamed Suffian Hashim also wrote that Islam was made the official religion primarily for ceremonial purposes, to enable prayers to be offered in the Islamic way on official public occasions, such as the installation or birthday of the Yang di-Pertuan Agong, Independence Day and similar occasions.

 

 

 

Observations by Academicians

 

Constitution law expert Profesor Shad Saleem Farooqi and prominent legal scholar, the late Tan Sri Professor Ahmad Ibrahim also share the above observations.

 

 

 

Universal values

 

MCA is of the position that the guiding principles for public administration in our beloved multi-racial country shall always adhere to universal values of equality, justice, fairness, transparency, mutual respect, the rule of law, etc which transcends all religions.

 

-MCA online-