Government Urged To Amend Constitution To Clarify Country’s Status

(Bernama) – KUALA LUMPUR, The government has been urged to amend several articles in the Federal Constitution to clarify certain issues including the status of the country which adopts a dual-system (a hybrid legal system) and not a secular state as claimed by some quarters.

The amendments to the constitution were also necessary to draw up the differing line between the constitution as the main federal law and the implementation of Islamic law and syariah.

The call was among the 24 lists of private members’ bills submitted by the Member of Parliament (MP) for Bandar Baru Kulim, Zulkifli Noordin, listed in the Meeting Procedures of the Dewan Rakyat which is currently in session.

Zulkifli said Article 3 of the Federal Constitution must be amended to ensure that the facts on the position of Islam were not manipulated and misinterpreted by certain groups to give the impression that Malaysia was a secular state.

The controversial PKR MP had proposed that the words “Islam is the religion for the Federation including in terms of the law and syariah” be included to remove any doubt on the status of the country.

“The fact is that Malaysia is not a secular state, but a nation that puts Islam as the religion for the federation, thus the amendments to Article 3 of the Federal Constitution, as suggested, will clarify the position with regard to the status of the country without any doubt,” he said.

He said Article 4 of the Federal Constitution must be amended to add in the words “the Constitution is the primary law of the Federation and except for the Islamic law and syariah, any other law that is passed and that contradicts it must be void for as long as it is contradictory”.

“The House must take cognisance that in many instances the Islamic syariah law has become void or cannot be enforced because Article 4 of the Federal Constitution places the country’s law above other laws and regulations.

“These include Islamic and syariah law such as the ban on the use of the turban in national schools, the wearing of the purdah and jilbab in government departments, the enforcement of the syariah law such as for ‘khalwat’ (close proximity), zina (adultery), ‘qazaf’ which contradicts the syariah law and others,” he said.

Also suggested for amendment was Article 11 (1) of the Federal Constitution on the question of changing the religion for Muslims.

In this matter, Zulkifli proposed the inclusion of the words “including changing his/her religion except for Muslims which must comply with the Islamic law and syariah. For the followers of Islam, the question of converting into or abandoning Islam must be determined by the Syariah Court which has absolute power over it”.

In addition, Zulkifli also submitted a private member’s bill to urge the government to enforce a law or to prohibit or impose conditions on the sale of liquor and condoms at convenience stores including 7-Eleven and KK Mart.

“There have been many cases where Malay teenagers and youths who are Muslims who have abused the sale of liquor and alcoholic drinks and the availability of condoms at convenience stores for immoral activities,” he said.

In a separate proposal, Zulkifli urged the Home Ministry to initiate investigation immediately on Sisters In Islam (SIS) because it was feared that its activities were contradictory to Islamic syariah.

In this context, he called on the ministry to investigate how the organisation was allowed to use the label ‘Islam’ whereas its registared name did not state so.

He claimed that the organisation was not registered under the Registrar of Societies (ROS) but was instead registered with the Companies Commission of Malaysia (CCM) under the name SiS Forum Malaysia Sdn Bhd.

The ministry was also urged to investigate the source of funds for the organisation as it was alleged that it was getting financial aid and funds from non-Islamic organisations such as the Rockefeller Foundation from the United States and Konrad Adenaeur Foundation from Germany.

Yesterday, the question on the SIS issue was raised by Zulkifli and listed as Question 10 in the question and answer session, but could not be raised due to the time factor.

In his question, Zulkifli wanted to know whether the government planned to refer SIS to the National Fatwa Council and whether the government planned to prohibit it from using the word Islam in its name as it was registered with the Islamic label.

Zulkifli, when met at the Parliament lobby, said all the resolutions were submitted to the Dewan Rakyat on Sept 17 and hoped that all the bills submitted could be debated by members of Parliament, particularly pertaining to the issue on SIS.

Based on the Parliamentary Standing Order, all motions and private members’ bills can only be submitted to the House after all government matters had been attended to.