I will start by stating I am not a constitutional lawyer or a professor lah, but here are some of my thoughts regarding the above raid. I might be wrong, so just share your opinions. And if there are any lawyers here who can kindly enlighten me, please do. Gua masih belajo.
What is wrong?
When I read a bit on a particular act ie. The Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988, I had some thought provoking questions.
The introduction of the act explicitly states that this act aims to control and stop development of non islamic faiths among the muslim community. (According to Perkasa Hulu Langat's blog displaying a copy of the act.http://perkasahululangat.blogspot.com/2011/08/enakmen-agama-bukan-islam-kawalan.html)
Though not specifically stated by JAIS, I would assume they are exercising section 8 and 9 of the act, since it's regarding the use of certain prohibited words as stipulated under schedule 1.
The literal meaning of the 1988 enactment in my opinion, is very clear, and JAIS is doing everything in accordance with the 1988 enactment as it is.
But, here is the issue: Article 11 of the Federal Constitution which provides that "every person has the right to profess and practice his own religion".
If the words stipulated in schedule 1 of the enactment has been used all these while by Christians throughout Malaysia (East Malaysia especially), it can concluded that it is their way of professing and practising his own religion.
So when BN decided to come up with this 1988 act, aren't they running contrary to Article 11 of the Federal Constitution? It was passed because they had 2 thirds of the majority in the house. Back then, the opposition were already vocal about it, but they cold not do anything because of their minority in the State Assembly.
So my question: Is the 1988 enactment constitutional in the first place?
What is wrong?
When I read a bit on a particular act ie. The Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988, I had some thought provoking questions.
The introduction of the act explicitly states that this act aims to control and stop development of non islamic faiths among the muslim community. (According to Perkasa Hulu Langat's blog displaying a copy of the act.http://perkasahululangat.blogspot.com/2011/08/enakmen-agama-bukan-islam-kawalan.html)
Though not specifically stated by JAIS, I would assume they are exercising section 8 and 9 of the act, since it's regarding the use of certain prohibited words as stipulated under schedule 1.
The literal meaning of the 1988 enactment in my opinion, is very clear, and JAIS is doing everything in accordance with the 1988 enactment as it is.
But, here is the issue: Article 11 of the Federal Constitution which provides that "every person has the right to profess and practice his own religion".
If the words stipulated in schedule 1 of the enactment has been used all these while by Christians throughout Malaysia (East Malaysia especially), it can concluded that it is their way of professing and practising his own religion.
So when BN decided to come up with this 1988 act, aren't they running contrary to Article 11 of the Federal Constitution? It was passed because they had 2 thirds of the majority in the house. Back then, the opposition were already vocal about it, but they cold not do anything because of their minority in the State Assembly.
So my question: Is the 1988 enactment constitutional in the first place?
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