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News Digest: The Religious Liberty Context Behind the Headlines

21 May 2014

News Digest: The Religious Liberty Context Behind the Headlines

FOR your awareness and prayer - a round-up of recent news and developments affecting religious liberty:

Syariah law does affect non-Muslims

Indonesian massage therapist, Halimah, became the first person in Malaysia to be convicted of khalwat (close proximity) under Syariah law, despite not being Muslim. She was arrested in Dec 2011 by the Penang Islamic Religious Affairs Department (Jaip) while attending to a customer, and charged in Feb 2012. The illiterate 42-yearold mother of two pleaded guilty, saying she was afraid and unable to follow the court proceedings. In Sept 2012, the Syariah High Court upheld the lower court's decision, despite documents that verified Halimah's Christian faith. These were her baptism record, family records, and a letter from the Indonesian consulate. Halimah is seeking to overturn her conviction at the Syariah Court of Appeal. Her case came up on 18 March and is still pending. Her lawyer, Cecil Rajendra, called the case "a travesty of justice", stressing that Syariah law is not applicable to non-Muslims, and that non-Muslims are not to be tried in a Syariah court.

 

Religion used to silence critics

Scholar Kassim Ahmad, 81, was detained by the Federal Territory Islamic Department (Jawi) and charged on 27 March under Syariah law for insulting Islam and for not complying with the religious authorities. Kassim's "crime" was to have spoken at a seminar in February where he held forth critical views of Malaysia's ulama (Islamic scholars) and their chokehold over society. Some Muslims have come to Kassim's defence, questioning the religious authorities' intolerance and defending his freedom of speech and right to differ. Even former premier Dr Mahathir Mohamad said those who maligned Kassim did so because they didn't have the intellectual capacity to engage him. Kassim's case highlights the use of religion as a tool for political control.

 

On record: Zero conversions by Muslims to Christianity

There has not been a single application to the Syariah court by Muslims seeking to leave their religion in the last ten years. This was announced in Parliament on 24 March by the minister in the Prime Minister's Department who oversees religious affairs, Datuk Jamil Khir Baharom. On the other hand, 4,520 people converted to Islam between 2008 and 2012. This was just the figure for converts in the Federal Territory of Kuala Lumpur. However, this information is unlikely to convince those who say "Allah should not be used by other religions because it would confuse Muslims".

 

Syariah-civil clash over child custody and police inaction

The High Court and Syariah Court in Seremban have issued conflicting decisions in a custody battle by a Hindu mother, Deepa Subramaniam, for her two children who were converted to Islam by her husband. The Syariah Court awarded custody to the father, Izwan Abdullah, in April last year, while the High Court on 7 April this year gave Deepa full custody. Izwan embraced Islam in 2012 and then converted the children, aged six and nine. The civil court's decision was based on the fact that the marriage union was made under civil law. It is unclear whether the civil court's decision now overrules the Syariah Court, but Izwan allegedly "kidnapped" one of the children two days after Deepa was granted custody, according to a police report she filed. Police have refused to act against Izwan, with the Inspector-General of Police saying the force did not want to get caught in between two courts.

 

Policing hotel guests' reading

Reading materials of religions other than Islam are banned from hotel rooms in Pahang under a new directive by the Pahang Islamic and Malay Customs Council (Muip) from 6 March. Hotel proprietors are to ensure that no such materials, including Bibles, are placed in the rooms, and if any are found, they are to be removed immediately. The penalty is a fine of up to RM5,000 or jail up to two years, or both. Muip's rationale is that non-Islamic materials in hotel rooms amount to propagating other faiths to Muslims. The directive was made under the Control and Restriction of the Propagation of Non-Islamic Religions Among Muslims Enactment 1989. Critics of the move have noted that hotels are not religious establishments and are used by people of all faiths.

 

Intra-Islamic conflicts

Christians may be concerned over their religious freedom, but Shia Muslims remain the most persecuted religious minority in Malaysia. They are illegal and deemed as deviants. They face harassment, arrest and interrogation if their meetings are discovered. On 21 April, a local Shia cleric, Mohd Kamilzuhairi Abdul Aziz, was arrested at a luncheon gathering while giving a speech. His arrest was conducted by the Selangor State Islamic Department (Jais) and the Registrar of Societies (ROS). Kamilzuhairi is being investigated for violating the Societies Act. But Shia groups can never legally exist in Malaysia; attempts to register with the ROS are rejected. Another persecuted Islamic group also deemed deviant and declared illegal in Malaysia are the Ahmadiyya.

 

For prayer: Freedom of religion and conscience is part of the common good mandated to humankind as stewards of this earth. The idea of a common good, which is for all people regardless their religion - stems from the doctrine that man is made in the image of God and has dignity. Pray for the preservation of religious liberty and the rich diversity of communities that is the foundation of Malaysia's multiracial character.



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