MCA bites its own butt

MCA rep: We fought hard over 1988 enactment

By Terence Fernandez

KUALA LUMPUR (Jan 13): Non-Muslim members of the Barisan Nasional (BN) had "fought hard" against the legislation of the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988.

 

Former Serdang MCA assemblyman Datuk Yap Pian Hon said MCA and MIC had voiced strong views against the enactment which came into force on July 8, 1988.

 

"It happened a very long time ago so I can't remember the details, but I know it was done to streamline the Islamic law in Selangor with other States.

 

"We had arguments about it," he said when contacted yesterday.

 

However Yap conceded that all BN assemblymen including the eight from MCA and three from MIC voted unanimously for the enactment, as they had to toe the party line and vote according to the whip.

 

Yap, who was a State Executive Council (EXCO) member at that time tried to explain that the enactment was purely academic as the EXCO ratified the enactment by instructing the respective authorities to steer clear of non-Muslims when it came to enforcement.

 

"We brought it to the Exco and we gave specific instructions on its enforcement," he said, explaining that this included not monitoring non-Muslim places of worship.

 

The 26 year old legislation has returned to haunt Yap and others who voted in its favour following recent contentious issues with regards to Christian worship that incorporates the term "Allah".

 

Section 9 (1) of the enactment prohibits non-Muslims from using the word, along with 24 others: Firman Allah, Ulama, Hadith, Ibadah, Kaabah, Kadi, Ilahi, Wahyu, Mubaligh, Syariah, Qiblat, Haj, Mufti, Rasul, Iman, Dakwah, Injil, Salat, Khalifah, Wali, Fatwa, Imam, Nabi and Sheikh.

 

Hence the Selangor Islamic Affairs Department (JAIS) had hidden behind this section to justify raiding the Bible Society of Malaysia (BSM) on Jan 2 and seizing 350 Bahasa Malaysia and Iban Bibles that contained "Allah"; and why legally, the raid is "justified."

 

Other than Yap, MCA representatives who voted for the enactment were Datuk Wong Ah Taih, Datuk Tang See Hang, Datuk Ng Thian Hock, Datuk Ng Soon Por, Datuk Eng Hoi Choo, Tong Yoke Seng and Sim Keng Seik.

 

MIC voted in favour of the enactment via Datuk TM Thurai, Datuk M Mahalingam and Datuk M Sellathevan.

 

Non-Muslims only managed to record their opposition through the five DAP assemblymen who formed the Opposition bloc: Datuk Dr Tan Seng Giaw, Chan Kok Kit, M. Madhavan Nair, Dr Oon Hong Geok and Tan Sin Piaw.

 

Not that the BN non-Umno component parties would have made any difference if they had defied the whip as at that time there were 42 representatives in the State Assembly.

 

Meanwhile Tan Sri Megat Najmuddin Megat Khas who was the Kelana Jaya assemblyman representing Umno at that time, said the reason for the enactment was to streamline Islamic laws and to ensure that Islamic authorities such as JAIS carried out their functions without creating confusion.

 

"The spirit of that enactment was for the concern over the proper administration of Islamic law which at that time was not so well done.

 

"The administration was in a way very kelam-kabut (disarray). No one knew what to do what," Megat Najmuddin told fz.com.

 

Megat Najmuddin's use of the term "streamline" is apt as during this period, there was, what can be described as vigorous attempts at "Islamisation" with the announcement of by then Prime Minister Tun Dr Mahathir Mohamad that Malaysia is an Islamic state.

 

The same year, the Federal Constitution was amended to include Art. 121 (1A) which dictates that civil courts have no jurisdiction over any matter before the Syariah court.

 

The result of this amendment was the numerous messy child custody cases when one parent converts to Islam.

 

However the MCA did somewhat step up to the plate albeit in back-tracking mode in 1989 over another legislation.

 

Having supported the Administration of Islamic Law Enactment 1989, the eight representatives pushed to amend the Act later, following a telling off from the party leadership.

 

The controversial enactment which came into effect on July 18, 1989, states that anyone who attains the age of maturity under Syariah law i.e. puberty, may convert to Islam.

 

This sent shockwaves among the non-Muslim community as this means children below the age of 18 – the legal age of consent – could be converted to Islam; while parents who embrace Islam could also convert their children.

 

The matter was later laid to rest following the withdrawal of the quit threat and a stern warning by Mahathir not to "blackmail" the government.