An assault on our Constitution in religious disguise

I admit I am a layman in my understanding of the Federal Constitution. I am not a lawyer, a politician or a constitutional expert. But that does not take away my right or responsibility to understand it best I can, and to do all within my power to uphold it.

In Malaysia, the constitution is the written supreme law of the land. It is meant to serve as a safeguard for the rights and fundamental liberties of all Malaysians. It determines the kind of country we live in.

The constitution consists of 16 parts covering, among others, the relationship of religion and the state, the rights of citizens, the role of the judiciary and the electoral process in a democracy. In Malaysia, changes to our constitution can only be done with a two-thirds majority vote in both houses of Parliament, together with the consent of the House of Rulers.

Needless to say, the infallibility of the Constitution is of utmost importance, as it is meant to provide an unshakable foundation for the growth of our nation.

Of late, increasing attempts by religious bureaucrats to undermine a key tenet of this constitution has threatened to challenge the sanctity of these supreme set of laws.

Our constitution clearly provides that Malaysia is a secular state with Islam as its official religion. This means that while shariah courts have jurisdiction over Muslims in matters pertaining to 26 Malay and Islamic customs, secular law remains supreme.

But last week, the Federal Territories Islamic Religious Council (MAIWP) gave notice to the contrary, announcing that all Islamic enactments are excluded from fundamental liberties in the Federal Constitution.

In other words, the council – in which a minister and the Attorney-General are members of – was claiming that Islamic law is supreme over the Constitution.

Why should this be of concern to all Malaysians?

This case is not merely one of religious bureaucrats desperately attempting to bulldoze their way over the fundamental separation of religion and state.

If their argument is allowed to stand, it sets a dangerous precedent for any attempts in the future to undermine the sacred set of laws thatidentify our country and, by extension, defines us.

The possibilities are, honestly, quite terrifying. Would the special interests of Sabah and Sarawak one day be at threat? Is Article 8 that declares all persons equal before the law a mere temporary proclamation that could be made defunct?

This claim by MAIWP must matter to us because it is an attack on our way of life, regardless of whether you are religious or not. It is a distortion of the fundamental constitutional guidelines, and allowing it to pass is akin to opening the floodgates to future assaults.

And that is precisely why we have to look beyond religious and racial lines to strongly oppose this latest attack on our constitution. If the council succeeds in their claim, then there is no surety, no security and really no point in having a constitution to begin with.

If the infallibility of our constitution is as non-existent as the principles of some of our leaders today, then Malaysians are literally living at the mercy and whims of those in power.

That is not a Malaysia any of us should desire to live in, and certainly not a Malaysia to bring our  children up in. – May 17, 2015.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.