Posted: 02 Jul 2013 05:00 PM PDT
Now the most insensitive and ridiculous development has taken place. The Federal Constitution is being ignored. Common sense and fairness to the non-Muslim mother is being thrown out the window. Muslim sensitivity takes precedence, as always in this country.
By Dato' Zaid Ibrahim
The Religion of Islam (Federal Territories) Bill 2013 was tabled in Parliament last week in what can only be described as a woeful attempt to address an old issue. When a non-Muslim couple decides to go their separate ways, a custody battle for their children usually ensues. If one parent (usually the father) had converted to Islam in the course of this relationship, then his Muslim right to custody becomes inevitable. As a Muslim, he automatically comes within the jurisdiction of the Syariah Court. No Muslim court would then deny him custody—a clever move. Under this Bill, he would also be able to convert his child to Islam without his ex-wife's knowledge as her consent would not be required.
The Cabinet had earlier decided that in such cases, the child's religion should be the one he assumed at birth when the parents shared a religion, until he or she reaches maturity. The rightful thing to do is to stop one spouse from unilaterally converting the child. To accomplish this, the Federal Constitution needs to be amended so that under Article 12(4), the word "parent" means both husband and wife. This proposal was sent to a Special Committee headed by the Prime Minister himself, but this Committee refused to endorse the Attorney-General's recommendations. The so-called leaders who sat on this committee were afraid of an Islamist backlash, but how being fair to all citizens can become a fearful decision escapes me.
Now the most insensitive and ridiculous development has taken place. The Federal Constitution is being ignored. Common sense and fairness to the non-Muslim mother is being thrown out the window. Muslim sensitivity takes precedence, as always in this country. You see, a law such as this does not apply to Muslims. Muslim spouses may quarrel and fight for custody, but neither of them could convert out of Islam. There is no mechanism in place that can even make that possible—apostasy for Muslims is punishable by death, in case you didn't know. That means Muslim couples would have no interest in this new law. It would be non-Muslims who have to endure the pain.
Muslim Parliamentarians will feel that they are doing the religion a favour by supporting the Bill, and since it does not affect them why bother to ponder and reflect on its repercussions? The Barisan Nasional Parliamentarians who are non-Muslim will be disturbed and angry and may even cry foul, but their jobs and business interests will take precedence and they will, ultimately, do nothing. Conscience has no place in their decision making.
Dato' Seri Anwar Ibrahim, the liberal Islamist, unfortunately misses the point on this hot-potato issue in the local political scene. He will take to the streets for indelible ink that proved not to be so indelible, but he will not do the same for freedom of religion and conscience. That leaves our non-Muslim citizens having to suffer in silence. This has somehow become part of the deal of living in a Muslim country that has clearly forgotten that Islam is a religion of compassion and kindness.
Posted: 02 Jul 2013 04:41 PM PDT
Reconciliation is impossible without meaningful reforms, says PKR's strategic director.
Rafizi Ramli, FMT
The business of governing cannot be separated from the question of legitimacy. A government elected by the minority and conjured into office through myriad election irregularities will continue to struggle to establish its legitimacy.
Thus it is that Malaysian Prime Minister Najib Tun Razak's administration, stuck in such a political labyrinth, began to preach political reconciliation against a backdrop of unprecedented public protests that have now entered a second month. What exactly is the political reconciliation that Najib seeks?
Najib, and to a large extent his Umno party, is staring at a bleak electoral future, confirmed by the results of the May 5 general election that saw his Barisan National coalition lose the popular vote for the first time since 1969.
Topmost among all the problems he has to navigate is the continuous challenge posed by Anwar Ibrahim, the leader of the opposition Pakatan Rakyat coalition. Anwar is charismatic, dynamic, resilient and unwavering — the complete opposite of the way Najib is largely regarded by the public (especially among younger voters).
Najib has consistently avoided a public debate with Anwar, which further weakens his leadership in the eyes of his own party and the public.
A scenario where Najib has to face another parliamentary term under the onslaught of Anwar will prove politically fatal for the prime minister. His image as a weak leader incapable of matching Anwar's charisma will grow worse; that, in turn, will invite a leadership challenge from within Umno.
This can only mean that a weaker and split Umno will face the opposition coalition in the next general election, which is likely to be the most decisive of all.
It is therefore only logical that Najib must find a way to mute Anwar's challenge. Unwilling to face or defeat Anwar head-to-head, Najib now resorts to attempting a political alliance through his now often-quoted "political reconciliation" scheme.
But Najib is missing the most important lesson from the electoral setback that his coalition suffered. The desire for change has brought together Malaysians of various groups and creeds to form a grand coalition opposed to the status quo.
If the political reconciliation mooted by Najib is his way to preserve the status quo and his party's rule without implementing meaningful reforms, it is futile and doomed to fail from the beginning.
I maintain that reconciliation can only take place with the willingness of every party to forge an alliance based on a set of agreed reforms, because that is the clear message sent by the voters during and after election day.
What Najib must do?
First and foremost, Najib must be willing to dismantle the authoritarian media regime operated by his party that monopolizes the mainstream press.
The level of propaganda and character assassination directed against the opposition coalition and its leaders has reached such epidemic levels that a large majority of the urban population shuns the mainstream media altogether.
The independence and quality of the mainstream media in Malaysia is among the worst in the region in spite of the relative wealth that it enjoys.
Najib shamelessly exploited the grip that this authoritarian media regime has over rural voters to instill fears of ethnic clashes and minority dominance. His whole campaign was designed around pitting one race against another and was made possible by the absolute control he has over the mainstream media.
Dismantling a status quo that allows such obscene propaganda to be aired every day means relinquishing his party's stranglehold over the mainstream media.
In fact, my party PKR has made it clear that we will push for legislation that limits a political party's ownership of a public media entity. If reconciliation means reforms that upset the status quo, will Najib agree to free the Malaysian media from his and his party's grip?
The last general election also saw an unprecedented number of reports and testimonies from across the country of widespread electoral fraud and irregularities.
This includes the existence of phantom voters (either in the form of non-Malaysians allowed to vote or Malaysians who were allowed to vote more than once in different constituencies); massive vote-buying by candidates from Najib's coalition; the failure of the Election Commission to administer indelible ink to stop multiple voting; manipulation of the advance and postal voting process that discriminated against opposition candidates; and a plethora of other complaints.
The disgust over what the majority of Malaysians consider as the worst electoral fraud in our history manifested itself in a series of spontaneous rallies across the country that have so far drawn more than 700,000 people in the first month.
The rallies (dubbed the #black505 rallies) have evolved into a people's movement demanding electoral reforms, beginning with the immediate resignation of all members of the Election Commission and the rectification of the massive fraud that took place in the last general election.
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