Rabu, 11 Jun 2014

Religious conflict and tension between the muslims and non-muslims in the country.


The Federal Constitution has clear provisions governing the relationship between Muslim and Non Muslims in Malaysia. Recent incidences of conflict should not have happened. The National Registration Department is the main culprit behind the cause of the numerous incidences of religious conflict and tension between the muslims and non-muslims in the country.

Our beloved nation Malaya and subsequently Malaysia is founded with the coming into force of our Federal constitution.

The very existence of the various institutions in our country is because they are provided for by the provisions in our Federal Constitution. We have the institutions of the Yang DiPertuan Agong, Conference of Rulers, the Executive, the Federal Legislature, the recognition of the various states, the Election Commission, the Judiciary and the Public Services because they are provided for in our Federal Constitution . Therefore, all institutions in this country must acknowledge, respect and uphold our Federal Constitution. The Supremacy of our Federal Constitution is clearly spelt out in Article 4 of our Federal Constitution which declares that ‘This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.’
马来西亚所拥有的各种机构都是按照联邦宪法各条款所赋予的权利成立的。当中包括最高元首作为国家最高领导的象征、马来统治者会议、执行理事会 (内阁)、联邦立法议会、每个州属的地位、选举委员会、司法机构及公共服务领域等各机构。也就因为每个单位与机构都是按照联邦宪法的条款成立的,所有的机构与单位都有责任肯定、遵从与维护联邦宪法。联邦宪法第 4 条款清楚的阐明联邦宪法作为马来西亚最高法律的地位,即任何在独立以后通过的法令,只要与联邦宪法有所冲突,该法令必须就冲突的程度被删除与视为无效。

The provisions in our Federal Constitution define clearly the relationship between Muslims and Non-Muslims and if observed by all will not cause the numerous incidences of unpleasant conflict between muslims and non-muslims in our country.

Three (3) issues often cause tension and conflict and they are as follows:-
以下 3 个是经常导致关系紧张与冲突的课题

(i)                 The freedom of an individual to convert to or out of Islam.
(ii)               The religion of a minor when one parent converts to or out of Islam; and
(iii)             The personal laws applicable when one party to a marriage converts to or out of Islam.

1 选择信奉与脱离伊斯兰教的自由的课题
2 家长单方面改信或脱离伊斯兰教时,未成年孩子的宗教信仰课题
3 在一段婚姻当中,倘若有一方改信或脱离伊斯兰教,究竟那套民事 (婚姻) 法可以派上用场

The reason for the such a conflict is because in Malaysia Muslims follow one set of personal laws while non-muslims follow another set of personal laws.

(i)                 Religious Freedom of An Individual to convert to or out of Islam

Article 11(1) provides that EVERY PERSON has the right to profess and practice his religion and subject to Article 11(4) to propage it.  Artlcle  11(4) provides that State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

Non-Muslims must accept the fact that laws may be passed to prohibit them from propagating their religion to people of the muslim faith.

Muslims must accept the fact that if a muslim on his/her own free will wants to leave the religion of Islam he/she must be allowed to do so. This God given freedom of choice and guaranteed by our Federal Constitution must be respected.

(ii)               The religion of a minor when one parent converts to or out of Islam

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