Lim Guan Eng, Islam and the Constitution

By MT Webmaster Last updated Jun 1, 2016

So Guan Eng should stop lying to the people. Or does Guan Eng himself not understand the Constitution and how it works? I doubt Guan Eng can become a Chief Minister if he is stupid or does not understand the Constitution. This can only mean Guan Eng thinks we are stupid or do not understand the Constitution and is trying to take us for a ride.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Yesterday, Lim Guan Eng said that DAP is not against Islam or against the Islamic Syariah laws. DAP just wants to defend and uphold the Federal Constitution of Malaysia and that is why DAP opposes the amendments to the Kelantan Syariah Bill. (See news item below).

It is ironical that DAP only wants to defend and uphold the Federal Constitution of Malaysia when it comes to Islam and/or the Syariah but when it comes to other things DAP does not really care much about the Constitution. In fact, there are many Articles in the Constitution that DAP does not defend and uphold and actually violate.

There is nothing unconstitutional about the Kelantan State Government tabling amendments to the Syariah in the Kelantan State Assembly 23 years ago in 1993. The only issue is the Kelantan State Assembly can approve those amendments but then in cases where Malaysia already has federal laws regarding that issue then the amendments must be brought to Parliament for approval.

And this was what happened. But to say that PAS does not respect the Federal Constitution of Malaysia while DAP does is utter nonsense. Did the Kelantan State Government implement or impose those new amended laws without Parliament’s approval or did the Kelantan State Government ignore Parliament?

Kelantan brought those amendments to Parliament and since Parliament did not approve those amendments or has not yet approved those amendments until today Kelantan did not implement or impose those new laws.

So has PAS or the Kelantan State Government violated the Constitution or does not respect, defend and uphold the Constitution? As long as Parliament does not or will not approve those amendments then the Kelantan State Government will not implement or impose those laws.

State Syariah laws plus matters concerning Islam come under the various state governments. Have a look at the Federal Constitution of Malaysia (below). Hence PAS or the Kelantan State Government has every right to table amendments to those laws in the Kelantan State Assembly. There is nothing unconstitutional about this.

DAP, however, is going against the Constitution or is violating the Constitution by interfering in the internal affairs of Kelantan, a state where DAP has no representation and is not a part of. So DAP is not defending and upholding the Federal Constitution of Malaysia as it claims. It is, in fact, the opposite. DAP is violating the Constitution.

But most Malaysians, especially the Pakatuns and the DAP Chinese supporters, cannot see this. They assume that if Guan Eng says something then it must be 100% true. Guan Eng would never lie. Well, in this particular case Guan Eng is lying through his teeth and if you think otherwise then you are more stupid than you look.

For example, Ramadhan is coming soon and Muslims who eat, drink or smoke during the fast are committing an offense and can be arrested and punished. This is state law. And the punishment is up to the state. It can be a fine, it can be jail, or it can be caning if that is what the state so wishes. And the punishment varies from state to state.

So there are crimes that come under the state and there are crimes that are covered by federal laws. The state cannot interfere in the punishment for those crimes that are covered under federal law. At best the state can pass a law or amendment to the law in the State Assembly and then bring it to Parliament. It is then up to Parliament to say yes or no.

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Federal Constitution of Malaysia

Article 3(1) – Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

Article 3(2) – In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorise the Yang di-pertuan Agong to represent him.

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DAP not anti-Islam or anti-Syariah, just defending constitution: Guan Eng

(NST, 26 May 2016) – DAP said that it is not anti-Islam or anti-Syariah, but was defending the principles of the Federal Constitution when it disagreed on Pas’ bid to amend the constitution to implement hudud law in Kelantan.

Its secretary-general Lim Guan Eng said this following the latest development on Pas’ Private Bill to amend the Syariah court’s jurisdiction to allow it to mete out Hudud sentences. He said although the law only involves Muslims, the country should not have two different systems for Muslims and non-Muslims.

“DAP’s stand on this is very clear, we do not agree on any amendments that is against the Federal Constitution. I would like to state that this is not anti-Islam or anti-Syariah practices, but we only want to defend the principles of constitution, thus DAP does not really agree with this,” he told reporters during a press conference at the parliament after the bill was postponed to the next session.

Lim added that the party was shocked when the Minister in the Prime Minister Datuk Seri Azalina Othman Said moved a motion to push the bill up the Standing Order list. The bill was listed as No. 15 or the last item on the Standing Order. Lim also said it was obvious that BN and Pas were collaborating to bring up the issue in the Dewan Rakyat for political purposes.

Raja Petra Kamarudin RPK