Repealing state enactment means abolishing Penang Islamic council, says Guan Eng
(Malay Mail Online) – MCA’s demands for Penang to remove the Administration of the Religion of Islam (Penang) Enactment 2004 carries serious implications that include doing away with the Penang Islamic Council, state Chief Minister Lim Guan Eng said today.
The Penang lawmaker pointed out that the Penang Islamic Council is established by the enactment.
“This is gross interference and insult into the affairs of Islam by MCA because to repeal the Enactment is to also abolish the Majlis Agama Islam Negeri Pulau Pinang,” he said in a statement, using the Malay name for the state religious council that advises the state ruler on Islamic matters.
Last week, MCA central committee member Ti Lian Ker demanded that the Selangor and Penang state governments repeal the respective state Islamic religious administration enactments to lift the ban on words like “Allah” from being used by non-Muslims.
Lim rejected Ti’s demands as repealing the enactment would means interfering in Islamic affairs but stated that fatwas and the enactment are not applicable on non-Muslims.
Lim admitted that non-Muslims can be charged for religious offences such as preaching to Muslims as provided in the Federal Constitution or any enactment or act applicable to non-Muslims
“These provisions are passed under civil laws and not under Shariah laws because to do so would be a dangerous and unacceptable imposition of Islamic laws on non-Muslims,” he said.
He pointed at Section 5 of the Penang Syariah Criminal Offences Enactment 1996 which states non-Muslims can only be charged in a civil court.
“Nothing is mentioned about it being an offence for non-Muslims who do not comply with a fatwa,” he said.
Lim reinforced his claim with Section 49(1) of the enactment which states that “a fatwa shall be binding on every Muslim in the state” with no mention of non-Muslims.
Lim’s repeated stand that legally the enactment and fatwas do not apply on non-Muslims led to criticisms from Umno and police reports being lodged against him.
Lim demands that Umno also lodge police reports against MCA for asking for the enactment to be repealed if it is sincere about defending Islam.
The police has opened investigation papers against Lim and investigating him under Section 504 of the Penal Code for intentional insult with intent to provoke a breach of the peace which carries a jail sentence of up to two years or a fine or both upon conviction.
