The Federal Constitution of Malaysia is being brought to court
And once the court rules that the Monarchy does not really have any power, we can tear down all those other fallacies as well, such as the fallacy that the Rulers are heads of Islam and that Muslims are bound by Islamic rules and regulations. This will bring about the era of true democracy and civil liberties to a “New” Malaysia where 2000-year-old beliefs and superstitions are discarded.
NO HOLDS BARRED
Raja Petra Kamarudin
Syed Iskandar Syed Jaafar is taking the Federal Constitution of Malaysia to court. According to Syed Iskandar, he is not suing His Majesty Seri Paduka Baginda Yang di-Pertuan Agong — as the Agong is immune from being sued in court — but is merely asking the court to rule on the matter of the Agong’s powers according to the Federal Constitution.
In short, Syed Iskandar is asking the court to rule on whether the Agong had acted legally or illegally when His Majesty rejected the advice of the Cabinet for the declaration of an emergency.
The court is being asked to interpret the words in the Constitution
Now, this is a most interesting development and I, for one, can’t wait to see what the court has to say. Did the Agong break the law on rejecting the advice of the Cabinet that had requested for the declaration of an emergency or does the Agong have discretionary powers?
If the court rules that the Agong DOES NOT have discretionary powers and MUST take the advice of the Cabinet, this opens up a whole new ball game.
In essence, that would mean the Monarchy is NOT the fourth branch of government after the Executive, Legislature and Judiciary but, in fact, is just a powerless, ceremonial, rubber-stamp. Hence it does not matter whether Malaysia does or does not have a Monarchy — since it serves no purpose and it does not play a check-and-balance role — and the Monarchy might as well just be abolished to save the country a lot of money.
This is what the republicans or anti-monarchists want, especially the non-Malays. The Monarchy is regarded as the protector or trustee of Malay privileges, customs, traditions and Bahasa Malaysia, plus head of Islam, and so on. Without the monarchy, there is nothing to stop a challenge against the special position of the Malays or the position of Islam as the religion of the Federation.
Does the Agong have any discretionary powers or is His Majesty just a puppet and figurehead?
The fact that Malays-Muslims are taking the Constitution to court is quite ironical. If they succeed, they are cutting the throats of 20 million Malays-Muslims. If they fail, then the Agong can no longer be challenged regarding His Majesty’s discretionary decisions, including the decision to appoint Muhyiddin Yassin as the Prime Minister or PM8.
So, does the Agong have any discretionary powers or is His Majesty just a puppet and figurehead and exists merely to give out awards and titles to rich Chinese tycoons who “donate” huge sums of money to those who walk in the corridors of power? Yes, I, too, would like that question answered.
And once that question has been answered, and assuming the court says the Agong DOES NOT have discretionary powers and MUST take the advice of the Cabinet and/or the Prime Minister, then this court ruling can be tested on other issues as well.
For example, can Muslims leave Islam (murtad)? Can Christianity be preached to Muslims? Can Muslims who live out of wedlock, drink beer, gamble, not fast, have gay relationships, etc., be arrested for violating the Sharia laws?
Yes, there are many things, especially matters involving religion, that come under the jurisdiction of the Rulers. But then who are these people to decide what we should believe and must practice? What we do with our mind and body is our business, not the business of the Rulers.
And once the court rules that the Monarchy does not really have any power, we can tear down all those other fallacies as well, such as the fallacy that the Rulers are heads of Islam and that Muslims are bound by Islamic rules and regulations. This will bring about the era of true democracy and civil liberties to a “New” Malaysia where 2000-year-old beliefs and superstitions are discarded.
