FAITH AND FREE SPEECH
FAITH AND FREE SPEECH
by Marina Mahathir
Religion, that private balm for the soul, often enters the public space when politics forcibly pulls it through. The Federation of Malaysia is no exception. The Federal Constitution, crafted by our founding fathers at independence in 1957, attempted to accommodate our multicultural society by defining specifically who the main inhabitants of the country were. Article 160 defines a Malay as a person who professes to be a Muslim, habitually speaks the Malay language and adheres to Malay customs. Article 153 defines the special position of Bumiputras (sons of the soil), which include Malays and natives of Sabah and Sarawak in East Malaysia, but also ensures that the Yang di Pertuan Agong, or Paramount Ruler of the Federation, is bound to protect citizens from other communities and faiths.
The federal constitution also declares Islam as the official religion of the Federation while guaranteeing freedom of religion to others. The state Syariah Courts may only adjudicate on Muslims in specified areas, mostly personal laws, and were originally subservient to civil courts. However, recent years have seen greater assertiveness by the state Syariah Courts over more matters involving Muslims, while federal courts have been reluctant to insist on their right to adjudicate in areas designated to them, now increasingly pre-empted by the Syariah Courts.
This has major implications on public discourse on religion, particularly Islam. Religious sensitivities have risen. For instance, importations of Malay-language Bibles from Indonesia, primarily for Christians in East Malaysia, have been denounced as an attempt to proselytize to Malays. The Catholic newsletter The Herald was banned from using the word ‘Allah’ for God in their Malay-language version, even though Muslims and Christians in other countries including nearby Indonesia also use the word. Any attempt at discussion of Islam by non-Muslims is derided as interference.
Censorship is not limited to non-Muslims. Muslims who question the formal state expression of Islam in Malaysia, whether as individuals or in organizations, are subject to harassment in the form of police investigations and lawsuits. Sisters in Islam (SIS), an organization dedicated to equality and justice for Muslim women, has operated in Malaysia for over 20 years, but recently experienced increasing pressure from both the state and non-state actors such as Islam-oriented political parties and NGOs.
In 2009, SIS questioned the constitutionality and justice of a whipping sentence pronounced against Kartika Shukarno, a woman convicted of drinking beer in public, a crime under the Pahang State Syariah Criminal Offences Act. The Federal Constitution prohibits the whipping of any woman, but Kartika was given the maximum sentence for a first offence. Criticism by SIS resulted in 50 police complaints being made against it by various parties for allegedly insulting the court, the state ruler and Islam.
The Pahang State ruler eventually commuted Kartika’s sentence to community service. But another state belatedly announced that they had already whipped three young women for having babies out of wedlock. Again SIS protested, resulting in at least another ten police reports. As in the first round, SIS staff were obliged to report to the local police station for questioning, retain lawyers, and beef up security, all of which was costly and detracted from their customary work.
These state and non-state attempts to suppress different opinions on and within Islam is enforcing public conformity of thought on religion in Malaysia. But it also has a political dimension. Religious tolerance has diminished since the 2008 general elections, when the ruling party, the United Malays National Organisation (UMNO), suffered its worst defeat since independence. The perceived need to compete with the opposition Islamist party to prove its Islamic credentials has caused the UMNO-dominated Federal government to shift rightward in almost all matters seen to be related to Islam.
A rightwing politician recently warned that he has a list of 15 people he deems have insulted Islam and the special rights of Malays. Although he has no power to charge anyone, his intention is to raise fears that stop discussion on crucial issues of special privileges and related restrictions regarding religion and ethnicity in Malaysian society. Unless Malaysia’s government and courts act to protect free speech and other fundamental freedoms, he may well succeed. Malaysia’s government should now take concrete actions to honor its pledges to uphold the rights of its people of all groups and religions.
This piece is part of the series “Religion & the Public Space”