YOURSAY ‘Sultan must listen to MB and state legal adviser, not Mais.’
'S'gor soft on Mais, Jais to avoid offending sultan'
Gerard Lourdesamy:
Mais and Jais report to the sultan but the sultan is not bound by their advice in Islamic religious matters, just like he is not bound by the advice of the menteri besar (MB) on such matters as provided for in the Selangor state constitution.
However, the state enactment on the propagation of non-Muslim religions under which the Bibles were seized, does not give the sultan or Mais or Jais the power to prosecute a non-Muslim in the syariah court.
The power is vested in the attorney general (AG) and the prosecution takes place in the civil court - therein lies the anomaly of this state law which is prima facie unconstitutional under Article 11 of the Federal Constitution.
Since the AG has decided not to charge the Bible Society of Malaysia (BSM) under the state law, the seized Bibles must be returned by Jais or the police back to BSM.
The issue of destroying the evidence does not arise because there is no prosecution. Since this is a legal matter as opposed to a religious one, the sultan is bound to act on the advice of the MB after consulting the state legal adviser.
Casey : Selangor Menteri Besar Khalid Ibrahim should assume primary responsibility for this ugly event. He'd either condoned or acquiesced to the seizure by keeping silent and sitting on his hands for a protracted period of time.
As the chief executive of the state government, he could have stopped this kind of transgression - against liberty and freedom of worship - by nipping it in the bud.
He could have disciplined the bigots and adequately advised the sultan. The principle and values behind the oft-quoted aphorism “that justice should not only be done, but should manifestly and undoubtedly be seen to be done,” is sadly lost on him.
Recalcitrant Khalid gives no 'face' to anyone, not even to the people who'd supported him and put him where he's today. He gives 'face' only where it serves him.
Interested bystander: "Religion is a state matter. The AG has no power over the states. This is the law," he said. If so, then the law needs to be changed post-haste.
Siang Malam : It is the state government's authority but I suppose the MB is "giving face" - I say stop it and just stop the nonsense.
Sleepy: I believe that where action or inaction by individuals or organisations is disruptive to our peaceful existence, action has to be taken to stop such disruptions. In such matters our 'face' should take precedence over others.
Straight-talk Religion and politics should be separate. That solves everything. The question is; does Umno have the political will to legislate the separation?
Commentable: "Religion is a state matter. The AG has no power over the states. This is the law," he added. Although it may be true that religion is a state matter, the AG's power draws from federal and not state authority.
So I beg to differ on the statement he made "that the AG has no power over the states". I believe the issue is no longer a religious matter.
Its wider impact is that the religious body had conducted an illegal raid, one that involved unlawful trespass and unlawful seizure as well as criminal assault and intimidation in the course of carrying out those unlawful acts of trespass and seizure.
This is where the AG's power lies, in the realm of federal jurisdiction where he has the actual final say. The AG is the defender of the laws of the land and to allow the religious bodies to usurp the AG's authority simply on the excuse it is a state religious matter, does not gel in with the federal constitution and compromises the nation's law and order.
Fairnsquare : Both Mais and Jais insult our Muslim brothers by saying that the bibles will confuse them, seriously undermining their intelligence.
Their fear of them being used for conversion of Muslims is far-fetched as there have been no such conversions to date. Any such conversion would be in violation of the constitution and thus a crime.
There have been no such charges. Now we hear about political reasons in the conduct of religious bodies. We also see the sultan being dragged into this episode.
Spiritual leaders should act spiritually and not be politically motivated if they fear and respect the Almighty. What a shame that this country has such weak religious leaders.
AB Sulaiman : Somewhere along the line, everybody seems to have got it all wrong. Religion is not really a state or ruler's matter of concern.
It is the concern of an individual and his inner faith and belief. It's something between him and his God. There is no third party. So who are we, why do we, politicise or legalise his inner individual religious convictions?
Anonymous_1395303251 : Mais and Jais have no right to interfere into other religions or how others pray. If the state government still wants to behave like this, please get out.
For all his faults former prime minister Dr Mahathir Mohamad would never allow organisations like Mais and Jais to defy the AG.
They would be arrested and thrown in jail. The more they are allowed to defy the government, the sooner the government will fall.
If this continues someone will take the law into his own hands and this will be the end for this country. Khalid could have easily amended the enactment to stop this but he disgraced us by allowing racism, bigotry and religious intolerance to continue even though he has a two-thirds majority.
Anonymous #59879079 : Everyone has the freedom to practise religion. No one has the right to impose their judgment on others.
Berita Hairan : Isn't it a constitutional monarchy as recently trumpeted by Umno?
Anonymous_4009 Concerned: The state government should dissolve both organisations and have full control over all matters in the state. This may resolve a lot of issues and help to bring the people together.
Hank Marvin : The AG is keeping quiet because the whole thing benefits Umno-BN. And if the sultan's action does not benefit them like in Johor, they will make a lot of fuss
Condocows : The main problem with Muslim dominated countries is that they want special rights and protection for their religion. No criticism or comments are allowed, which has resulted in failed and dysfunctional states the world over. All religions must be able to take criticism and insults to stay relevant.
Baiyuensheng : This screwed up system that we have; why can’t we be like a normal country, where religion stays out of politics and vice versa?
Rightan : The core issue is why Mais/Jais continue to act in this manner? Is it to protect Islam or to divide the people along racial/religious lines?
If it is the former, then I would say they have done a great disservice to the religion, just asks any ordinary man or woman on the street on how they look at Islam now and you will get the answer.
Negarawan : If Islamic extremism such as that practiced by Jais, Mais, Jakim, Perkasa and Isma continues to erode the religious rights of non-Muslims, and if the government of the day is seen as incompetent and indifferent such that non-Muslims have no more recourse to justice, then it is just a matter of time that religious radicalism will set foot in Malaysia to take justice into its own hands.
The future of the country is at stake now. Despite non-Muslims experiencing the countless raids, body snatching, illegal conversions, bride snatching, confiscation of holy books, demolition and torching of places of worship, desecration of holy objects, threats to religious leaders, etc, non-Muslims have reacted in an educated and civilised manner.
How long will their patience last? If the same injustices were inflicted on the Muslim community, how would they feel and react? The intrusion and disrespect shown by these Muslim extremists must stop before it’s too late.
Angry_Voter : I never imagine how difficult it is to administer this puny little country. Is it a case of too many cooks?
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