Malaysia Today - Your Source of Independent News
Malaysia Today - Your Source of Independent News |
| Should the King invoke Article 130? Posted: 04 Nov 2012 06:20 AM PST   Hemananthani Sivanandam, The Sun Daily The contentious debate about whether Malaysia is a secular or Islamic state has been raging on both sides of the political divide. DAP chairman Karpal Singh recently proposed urging the Yang di-Pertuan Agong to invoke his powers under Article 130 of the Federal Constitution, to refer to the full bench of the Federal Court for an opinion as to whether Malaysia is a secular state or an Islamic state. He argued that in the 1988 case of Che Omar Che Soh vs Public Prosecutor, the Supreme Court headed by then lord president Tun Salleh Abbas had clearly stated that the law in the country was secular. However, Minister in the Prime Minister's Department Datuk Seri Nazri Aziz said in Parliament last month that Malaysia had never been endorsed or declared as a secular country. He said according to the nation's history, Malaysia was formed based on the Islamic government of the Malay Sultanate and the Malay rulers are the heads of religion in their respective states. While some believe it is best to put an end to the issue, others feel it is best to just move on and leave the sensitive subject unexplored. Views put forward include: Nazri Aziz Tun Salleh's (pronouncement) was obiter dicta (Latin for "something mentioned in passing) and it was not an issue put before the court to decide if the country is secular or Islamic. He mentioned only in passing that Malaysia has secular laws. It is up to the King now. Also, we don't have to be one or the other. We are unique and we have gone this far without any problem. Why do we have to follow one or the other? If we are not secular, must we be Islamic? No! Monash University political science lecturer Prof Dr James Chin Asking for a legal opinion by the King is frought with danger because the issue at stake is really not a constitutional issue, but a political question. The best place to settle the debate is on the floor of the Parliament which can amend the constitution to say either way. Karpal Singh If the government feels that it is obiter dicta, and not the rationale for the decision, then it should get the King to refer the issue to the Federal Court for its opinion. I don't think it was obiter dicta, because the court in deciding whether Islamic or secular laws applied in the country, declared it was secular laws … which means we are not an Islamic state. Even democracy is not mentioned in the constitution, but we should go on the overall manner in which it was drafted. Let the issue be decided once and for all by a full bench of the Federal Court. Political analyst Khoo Kay Peng Karpal's suggestion is apt as this issue has been politicised and has tremendous effect on the judiciary, administration and public policy. In the interest of the nation, I think the King should invoke his powers to settle the matter, as he is above politics. His role is also providing positive moderation of the country. Let the court decide and put an end to this instead of letting the politicians go around confusing the people.
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| Posted: 31 Oct 2012 03:59 PM PDT The gap in Umno and the distrust amongst the leadership is getting wider. Toffee Rodrigo, FMT The intrigue in Umno today is greater than the intrigue in the forbidden city during the last days of Chinese Emperors. It is a sure sign of a declining Umno in a 'dog eat dog' situation. The gap in Umno and the distrust amongst the leadership is getting wider. Umno deputy president Muhyiddin Yassin has asked his camp to play low key. If anything has to be unleashed against Najib and his "mentor", it has to be sudden and at a crucial time, so as not to allow for an opportunity for the Mahathirian camp to fight back. "It should be swift and decisive, there will be no turning back," Muhyiddin was quoted as having told his inner circles. Muhyiddin is very uncomfortable with Mahathir and he has to watch every step he takes. He can't have his plans leaked. Thus far he seems to be doing fine on that score, but you can never tell in Umno, especially with Mahathir who is famous for buying out Umno boys to get what he wants. And there are people in Johor Umno who are willing to align with Mahathir in this war. Uphill task for Muhyddin Mahathir has the funds or at least the sources from which he can squeeze it out. Muhyiddin has his back against the wall. Under normal circumstances, an Umno deputy will be able to muster funds at will, but now after the Shahrizat Abdul Jalil's NFC affair, it has been made very difficult for him. In Umno today, it's money that talks, not Bahasa Melayu, but money! So it is an uphill task for Muhyiddin, but sources say he has a good following and can turn the tables – money politics or not. The not so intelligent (Home Minister) Hishammuddin Hussein does not have enough money to spend so lavishly to win any position. He also does not have the support of the grassroots to make himself invulnerable, so he goes the way of Mukhriz, whose father and siblings together with their cronies will outbid anyone on the scene. So Hisham will play the Mahathirian plan although he hates it, like his father, he will be used by Mahathir as a stop gap premier and then moved out ungraciously. Mahathir is looking to park his son Mukhriz' interests. If you notice Mukhriz has been rather quiet, very quiet for anyone's liking. He has ambitions and his father has plans to nurture that ambition but where he parks himself in this controversy and this power struggle in Umno will determine his future in the party, and both him and his father know that and are worried sick on how to solve this power equation.
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