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40 Pages·2012·2.13 MB·English

PP3739/12/2006 ISSN 0127 - 5127 / RM4.00 / 2005:Vol.25No.11/12
Aliran Monthly : Vol.25(11/12) Page 1
COVER STORY
The Moorthy Maniam case:
Compassion and
justice missing
Conflicting legal systems are undermining constitutional
safeguards and ethno-religious understanding
by Aliran
WWWWW ith one stroke, the Is- respect in our everyday relations no dignity or empathy for the
lamic religious authori- with one another. Indeed, the grieving family in the whole af-
ties, the government and beauty or essence of religion lies fair. Nor did the religious depart-
the dual system of ad- in compassion, justice, love and ment distinguish itself and Is-
ministration of justice have un- peace. Above all, we must treat lam’s deep commitment to justice
dermined recent efforts to promote others with the dignity that is in- in this sorry affair.
inter-ethnic and inter-religious herent in us as human beings, as
understanding. God’s children. No remedy
All that talk of “Deepa Raya”, These cherished values were miss- Consider S Kaliammal, Moorthy’s
“Kongsi Raya”, festive season ing in the recent Moorthy Maniam wife. Here was a woman who had
“open houses”, Malaysia being a @ Mohammad Abdullah case, cared for the former mountaineer
model of inter-religious tolerance which saw a legal tussle over since he was paralysed in 1998 -
and harmony and of a moderate whether he had actually con- only to see her husband suffer a
Muslim nation has come to verted to Islam before his death. second accident in November
naught. Instead, what we saw were nega- 2005, which ultimately caused his
tive vibes and machinations that death on 20 December. She had
All these are meaningless unless brought to the surface all that is said that Moorthy had performed
there is compassion and mutual ugly in the human race. There was his Thaipusam rites by carrying a
Aliran Monthly : Vol.25(11/12) Page 2
EDITOR'S NOTE
This month’s cover story focuses on the controversy C O N T E N T S
surrounding Moorthy’s conversion to Islam. Aliran
is particularly struck by the lack of compassion
shown by the religious authorities to Moorthy’s wife,
who had cared for him all these years since his acci- CCCCCOOOOOVVVVVEEEEERRRRR SSSSSTTTTTOOOOORRRRRYYYYY
dent. The lead story also locates the Moorthy case in ••••• CCCCCooooommmmmpppppaaaaassssssssssiiiiiooooonnnnn AAAAAnnnnnddddd JJJJJuuuuussssstttttiiiiiccccceeeee MMMMMiiiiissssssssssiiiiinnnnnggggg 22222
the context of other controversies which have come
••••• AAAAAmmmmmeeeeennnnnddddd TTTTThhhhheeeee CCCCCooooonnnnnssssstttttiiiiitttttuuuuutttttiiiiiooooonnnnn 77777
to the fore since the Constitutional amendment of
••••• GGGGGrrrrreeeeeaaaaattttt DDDDDiiiiisssssaaaaappppppppppoooooiiiiinnnnntttttmmmmmeeeeennnnnttttt 88888
Article 121(1) in 1988. Alas, it apears that non-Mus-
lims are nowadays trapped within two jurisdictions
but only have access to the civil court, not the sharia FFFFFEEEEEAAAAATTTTTUUUUURRRRREEEEESSSSS
court. Accompanying this story are statements on ••••• IIIIIssssslllllaaaaammmmm AAAAAnnnnnddddd JJJJJuuuuussssstttttiiiiiccccceeeee 99999
the controversy by the Malaysian Hindu Sangam
••••• TTTTThhhhheeeee MMMMMuuuuukkkkkhhhhhtttttaaaaarrrrr MMMMMaaaaaiiiii SSSSStttttooooorrrrryyyyy 1111199999
and the MCCBCHS.
••••• PPPPPOOOOORRRRRRRRRR CCCCCooooonnnnntttttrrrrraaaaacccccttttt MMMMMiiiiirrrrreeeeeddddd IIIIInnnnn CCCCCooooonnnnntttttrrrrrooooovvvvveeeeerrrrrsssssyyyyy 2222233333
••••• WWWWWhhhhhaaaaattttt SSSSSyyyyysssssttttteeeeemmmmm????? IIIIIttttt'''''sssss UUUUUtttttttttteeeeerrrrr CCCCChhhhhaaaaaooooosssss 2222255555
Two articles deal with Penang. Koon Yew Yin is
flabbergasted that the construction of the RM2 bil- ••••• DDDDDeeeeevvvvvaaaaassssstttttaaaaatttttiiiiinnnnnggggg SSSSSiiiiillllleeeeennnnnccccceeeee 2222277777
lion PORR project has been awarded to an obscure ••••• MMMMMuuuuurrrrrkkkkkyyyyy FFFFFiiiiiggggguuuuurrrrreeeeesssss CCCCClllllooooouuuuuddddd WWWWWaaaaattttteeeeerrrrr
company without an open tender. Meanwhile the TTTTTaaaaarrrrriiiiiffffffffff HHHHHiiiiikkkkkeeeeesssss 2222299999
Citizens for Public Transport calls for a drastic im-
••••• MMMMMuuuuunnnnniiiiirrrrr'''''sssss MMMMMuuuuurrrrrdddddeeeeerrrrr::::: AAAAAssssssssssaaaaassssssssssiiiiinnnnn DDDDDooooowwwwwnnnnn,,,,,
provement to the island’s public transport system,
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especially its bus service.
••••• CCCCCiiiiitttttaaaaatttttiiiiiooooonnnnn FFFFFooooorrrrr TTTTThhhhheeeee NNNNNaaaaatttttiiiiiooooonnnnnaaaaalllll IIIIInnnnnttttteeeeegggggrrrrriiiiitttttyyyyy
We carry three articles on regional affairs. Sarajun AAAAAwwwwwaaaaarrrrrddddd wwwwwiiiiinnnnnnnnnneeeeerrrrr 3333344444
Hoda looks at how a brutally raped women turns ••••• HHHHHooooottttt AAAAAiiiiirrrrr OOOOOvvvvveeeeerrrrr CCCCCooooorrrrrrrrrruuuuuppppptttttiiiiiooooonnnnn 4444400000
the tables on Pakistan’s conflicting legal systems.
Kalinga Seneviratne looks behind the contrasting
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media coverage on the occasion of the first anniver-
••••• LLLLLeeeeetttttttttteeeeerrrrrsssss 11111 55555
saries of the Asian Tsunami and the destruction of
Falluja. The former was big news but the latter went
almost unnoticed. The Asian Human Rights Coun- OOOOOTTTTTHHHHHEEEEERRRRRSSSSS
cil, meanwhile, reports on the finding of the inquiry
••••• SSSSSuuuuubbbbbssssscccccrrrrriiiiippppptttttiiiiiooooonnnnn FFFFFooooorrrrrmmmmm 1111188888
into the murder of Indonesia’s most prominent hu-
man rights activist, Munir Said Thalib, who was
poisoned on a flight from Jakarta to Amsterdam. The
Commission has not gone far enough, it says.
We are proud to announce that Aliran was awarded
this year’s Integrity Award by Transparency Inter-
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national Malaysia. Read its citation and the speech
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delivered by P Ramakrishnan on that occasion.
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aaaaallllllllll MMMMMaaaaalllllaaaaayyyyysssssiiiiiaaaaannnnnsssss aaaaabbbbbooooovvvvveeeee 2222211111 tttttooooo bbbbbeeeee mmmmmeeeeemmmmmbbbbbeeeeerrrrrsssss..... CCCCCooooonnnnntttttaaaaacccccttttt
ttttthhhhheeeee HHHHHooooonnnnn..... SSSSSeeeeecccccrrrrreeeeetttttaaaaarrrrryyyyy ooooorrrrr vvvvviiiiisssssiiiiittttt ooooouuuuurrrrr wwwwweeeeebbbbbpppppaaaaagggggeeeee..... Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd.
No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.
Aliran Monthly : Vol.25(11/12) Page 3
paal kodam (milk pot) and cel- the court was on vacation and her
ebrated Deepavali in 2005 – as case was fixed for mention at a
documented by TV3. later date. In the meantime, on 22
December 2005, the religious de-
In her letter to the Human Rights partment went to the Syariah
Commission of Malaysia Court, ex parte, and within an
(Suhakam) in early January, hour, obtained an Order giving
Kaliammal said that ‘if at all them the right to the last rites.
Moorthy had converted, it was not
of his own free will. Since 1998 When the Appellate and Special
when he became paralysed, Powers division of the High Court KKKKKiiiiittttt SSSSSiiiiiaaaaannnnnggggg wwwwwaaaaasssss ooooonnnnneeeee ooooofffff ssssseeeeevvvvveeeeennnnn DDDDDAAAAAPPPPP
mmmmmeeeeemmmmmbbbbbeeeeerrrrrsssss dddddeeeeetttttaaaaaiiiiinnnnneeeeeddddd
Moorthy was always ill and had finally sat, Senior Federal Coun-
lost his powers of concentration’. sel Mohd Nasir Isa, after probing ment Bill was rushed through
The point is Moorthy’s conver- by the judge, admitted that Parliament without giving ad-
sion was disputed. Kaliammal “has no remedy”. (The equate time for MPs and the coun-
Star, 28 December 2005). Justice try to study and debate their far-
Yet, during the month of Decem- Datuk Md Raus Sharif then pro- reaching implications. The Bill
ber 2005, the Federal Territory Is- nounced on 28 December that the was tabled in Parliament for first
lamic religious authorities had court could not go behind the reading on 17 March 1988 and
not made any claims to counter Syariah Court Order, even though passed the next day on 18 March
this – even though they claimed it affected Kaliammal’s rights. 1988 by a margin of 142 for and
that he had become a Muslim 18 against.
much earlier and had changed his The result: Kaliammah was de-
name to Mohammad Abdullah. nied relief without a hearing on At the time the bill was passed,
Neither did they offer to assist the merits of her case in the High seven DAP MPs - including some
Kaliammal in her hour of need or Court, which relied on the Syariah of the most vocal parliamentar-
rally around to console her in her Court Order, obtained ex parte, ians such as Lim Kit Siang, Karpal
grief. that is without hearing Singh and Lim Guan Eng as well
Kaliammal. Moorthy was buried as the late P Patto and V David -
Instead, when Moorthy died on 20 on 28 December 2005 according were under ISA detention at the
December 2005, the FT religious to Islamic rites. Kamunting Detention Centre fol-
department officials quickly lowing Operation Lalang in Oc-
claimed the body. Kaliammal Larger issues at stake tober 1987.
went to the civil court for relief but
Since the constitutional amend- Article 121(1A) has since created
ments of 18 March 1988 to raise grave injustices in a string of
the standing of the Syariah Courts cases. In the Moorthy case,
to an equal status with the civil Kaliammal found herself with no
law courts, there has been a crisis legal remedy. The wife took her
because of a conflict of laws and case to a civil court, where the
two overlapping legal jurisdic- judge ruled that the court did not
tions. The inserted Article 121 (1A) have jurisdiction. The wife’s po-
states that the civil courts, despite sition was simply untenable. She
being federal-level courts, shall had no court she could turn to for
have no jurisdication in respect of justice or a remedy, much less to
any matter within the jurisdiction present her evidence.
of the Syariah courts, which are,
in fact, state Islamic courts. Surrendering ground
MMMMMOOOOOOOOOORRRRRTTTTTHHHHHYYYYY::::: HHHHHiiiiisssss dddddeeeeeaaaaattttthhhhh ssssspppppaaaaarrrrrkkkkkeeeeeddddd
aaaaa mmmmmooooouuuuunnnnntttttaaaaaiiiiinnnnn ooooofffff aaaaa cccccooooonnnnntttttrrrrrooooovvvvveeeeerrrrrsssssyyyyy The 1988 Constitutional Amend- What we have seen in recent years
Aliran Monthly : Vol.25(11/12) Page 4
is that although litigants can go her case by a majority 2-1 decision Court; there is nothing else to be
to the civil courts for redress re- on grounds that her renunciation done. The question in Moorthy’s
garding their renunciation of Is- of Islam was not confirmed by the case was whether he was indeed
lam or because their spouses had Syariah court or any other Islamic a Muslim in the first place. If we
converted, the judges invariably authority. Therefore, the court let the Muslim Court decide this,
divest the court of jurisdiction to ruled, the NRD could reject her justice might not be served be-
make a ruling and instead surren- application to amend her identity cause it would decide in favour of
der ground to the Syariah Courts card. Justice Datuk Gopal Sri Islam,’ he was quoted as saying
as the authority in such cases. Ram, a non-Muslim, said in a mi- in the New Straits Times (29 Decem-
nority decision that the NRD’s ber 2005)
In a recent custody case, Shamala decision was null and void and
Sathiyaseelan had asked the civil of no effect. Indeed, the president of the
court for an order to declare that Syariah Lawyers Association
the conversion (by her estranged Returning to the Moorthy case, the claimed that non-Muslims could
husband, who had converted to High Court judge even refused to seek justice or remedy in any
Islam) of her two infant children to allow Kaliammal a stay of execu- Syariah Court under Section 244
Islam without her consent was null tion pending appeal to the higher of the Akta Tatacara Mal
and void. In April 2004, the High civil courts. Mahkamah Syariah (Federal Ter-
Court dismissed the case on the ritories) 1998. This section gives
grounds that the civil courts did Trapped in wide powers to the Syariah Court
not have the jurisdiction to hear the nowhere land to make any necessary order to
matter and only the Syariah Court ensure that justice is done.
could decide on such matters. Fur- Non-Muslim litigants, it now ap-
ther, the judge agreed that she did pears, do not have any recourse But the larger question is why
not have the standing to appear in at all in certain cases. This was should non-Muslims go to a court
the Syariah Court. made clear in the High Court hear- that is based on religion, espe-
ing by the Federal Counsel repre- cially one that is not their own?
The High Court, however, gave senting the government as well as Why should they have to go and
joint custody of the children to by the representatives of the Bar seek redress in an Islamic court
Shamala and her husband, who Council and the Malaysian Con- and be subject to Islamic religious
had converted to Islam. But care sultative Council for Buddhism, laws when the civil courts should
and control of the children’s daily Christianity, Hinduism and be the proper avenue for natural
lives was given to Shamala - but Sikhism (MCCBCHS) who were justice? When non-Muslims have
subject to a caveat. The condition present. In the end, Justice Raus to subject themselves to Islamic
was that if Shamala taught her Sharif also similarly ruled. If one law in the Syariah Courts instead
children her Hindu faith or made does not have a standing in one of the civil law for the sake of ob-
them eat pork, she would lose the of the jurisdictions where a case taining justice, does this not mean
right to actual custody (see AM is heard, can there be a fair trial?
Vol 24, No 7-9). Is natural justice being denied
here?
In the Lina Joy case in 2005, the
civil courts had to decide whether In all probability, this was the rea-
the National Registration Depart- son why Nazri Aziz, a minister
ment was right in rejecting her in the Prime Minister’s Office, ar-
application to have “Islam” de- gued that the civil court should
leted from her identity card on the have been allowed to hear the
grounds that she had renounced case. ‘Let evidence from both sides
Islam via deed poll. be produced. But if a person is a
confirmed Muslim without dis-
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The Court of Appeal dismissed pute then it goes to the Sharia sssssiiiiidddddeeeeesssss bbbbbeeeee ppppprrrrroooooddddduuuuuccccceeeeeddddd.....”””””
Aliran Monthly : Vol.25(11/12) Page 5
we now have an Islamic State? drop the issue because the time broaden our understanding of
was not right. Yet, ducking the is- national unity. It is not merely the
In a sense, this brings us to the sue is not going to solve such a absence of conflict. “National
heart of the problem. Since 1988, “sensitive” problem, is it? unity” must be built on stronger
the conflicting jurisdictions be- foundation. In Aliran’s submis-
tween the civil and the syariah Yet, the current modus operandi of sion to the Parliamentary Select
courts have become increasingly conflict resolution has reached its Committee on National Unity in
evident. More and more, these upper limits especially when it July 2005 (see AM Vol 25, No 8),
parallel legal systems have further comes to matters of religion. It we argued that national unity
entrenched ethnic-religious di- won’t be long before it fails in a should be propped up by five pil-
vides in our society. comprehensive sort of way. As lars, namely:
responsible citizens, we must ask • A celebration of our diversity
Act now for something more formal, effec- • A commitment to pluralism
tive and efficient in dealing with • Respect for democracy
We must act now before the situa- our cultural fissures and, most of • Dedication to justice
tion worsens. all, our faith-lines. • Solidarity with all in need.
The Prime Minister should con- We also need to consolidate our Similarly, the ideas and propos-
vene a meeting of legal experts democratic institutions for they als of participants of the Parlia-
from a broad spectrum who can offer the best protection of the mentary Round-table on Article
empathise with these kinds of di- rights of all Malaysians, includ- 121 (1A) of the Federal Constitu-
lemmas and resolve them so that ing those from minority groups. tion (see box on page??) needs to
there will be no more discrimina- Judges must be courageous and be seriously studied and consid-
tion. The law should facilitate the dispense justice without fear or ered for adoption.
right of all citizens, regardless of favour. Legislators should wake
religions, to freely convert from up and challenge bills that are The silver lining in the Moorthy
one religion to another, provided unjust just as the women Senators legal battle has been the dissent
they have reached the age of ma- did recently over amendments to expressed in the newspapers by
jority, are of sound mind and not the Islamic Family Law (Federal Malaysians of all religious back-
pressured by any person or Territory) in the normally timid grounds who disagreed with how
group. Upper House. Lack of familiarity the FT Muslim religious authori-
with the matters at hand should ties have been conducting them-
As for civil society, we have to be- not be an excuse for inaction - for selves. The newspapers, for their
gin to push for a permanent inter- there are civil society organisa- part, should be commended for
religious organisation, whatever tions with the necessary expertise publishing such dissenting views
form it may take. Unlike the to advise the legislators. Alas, in and for not fanning religious
MCCBCHS – with due respect to the family law amendments epi- chauvinism.
the work they are doing – this or- sode, despite the tearful protests
ganisation should include Mus- of the women senators, the Bill - This episode provides ample evi-
lims as well. This will provide a though discriminatory of women dence that there is compassion
forum where issues like this can and still full of flaws - was and mutual respect among ordi-
be discussed and suggestions put passed. And yet, were these nary Malaysians despite the des-
forward to the government for ac- women senators serious about picable attempts of religious zeal-
tion. No doubt, the matter can be protecting women’s rights instead ots to stamp on it. But more peo-
‘sensitive’, as the prime minister of their own positions, they would ple must stand up and be counted.
opined in March 2005, when he have rebelled against the ruling After all, did we not give the
urged a group of Malaysians of coalition’s whip and voted ac- Barisan Nasional an overwhelm-
all religious backgrounds who cordingly. ing mandate in Parliament in
were calling for the formation of 2004? For, in truth, we get the gov-
an Inter-Faith Commission to Indeed, there is an urgent need to ernment we deserve! q
Aliran Monthly : Vol.25(11/12) Page 6
COVER STORY
Parliamentary
Roundtable
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on Art. 121 (1A) of
Federal Constitution
Jurisdiction should be vested
in the High Court DDDDDaaaaattttteeeee::::: 55555 JJJJJaaaaannnnn 22222000000000066666
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TTTTT he MCCBCHS is very In fact, Senior Federal Counsel for Resolutions adopted at the
disapppointed at the the Federal Government con-
Parliamentary Roundtable
failure of Madalam ceded that the wide had no legal
on Art 121 (1A) of Federal
Kaliammal to get relief remedy in any court.
Constitution
from the Kuala Lumpur High
Court in Originating Summons We call on the government to ur-
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No. R1-24-102-2005 in the case of gently cure this grave defect in
Call for restoration of the pre
Kaliammal Sinnasamy v Majlis our legal system by making the
1988 Art 121of the Federal
Agama Islam Wilayah Persekutuan necessary amendments to the
Constitution and the repeal
& 2 Ors. Federal Constitution and all
of Art 121 (1A) of Federal
other legislation so that jurisdic-
Constitution.
The High Court refused to grant tion to determine the validity of
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an application by the Hindu wife conversions into and out of Is-
Call on the Prime Minister to
of the late Corporal M Moorthy, a lam are vested in the High Court
agree to the establishment of
hero of the Mount Everest climb where all Malaysians can be
a Parliamentary Select Com-
several years ago, that her late parties and have equal rights as
mittee on the problems cre-
husband was a Hindu at the time witnesses.
ated by Art 121 (1A) of Fed-
of his death.
eral Constitution.
Corporal Moorthy’s status as a
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The High Court’s main reason for Muslim was challenged on the
Civil Society is gravely con-
this decision was because the basis that he did not profess Is-
cerned and dissatisfied with
Kuala Lumpur Syariah Court, on lam at the time of his death.
the denial of justice in
the application of the Islamic Af-
Moorthy’s case and similar
fairs Council of Kuala Lumpur, The MCCBCHS is of the view that
cases.
had decided that Moorthy had it is wrong for the Syariah Courts
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validity converted to Islam. This to have assumed jurisdiction over
This forum expresses grave
ruling by the Syariah Court was persons who do not profess Islam,
concern at the manner in
made in the absence of and where its orders directly af-
which the various state reli-
Kaliammah, without notice to her fect the rights of family members
gious authorities enforces Is-
and in a court applying Islamic of a person, all of whom do not
lamic law in particular
law in which she cannot be a profess Islam.
against non-Muslims.
party and does not have a proper
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right to be heard as a witness. The Civil High Court should not
Call upon the AG and AG’s
be able to grant relief after consid-
Chambers to act in the pub-
The MCCBCHS is deeply con- ering the interests of all the par-
lic interest in Moorthy’s and
cerned that lawyers representing ties affected.
all similar cases and to rep-
the Federal Government did not
resent equally the rights of
make any argument supporting the R. Thiagaraja
all citizens with full regards
Hindu wife despite the fact that she Secretary General
to the entrenched values of
had absolutely no knowledge Malaysian Consultative Council
equality in the FC irrespec-
about the alleged conversion of her for Buddhism, Christianity,
tive of race and religion.
husband until he went into a coma. Hinduism & Sikhism
Aliran Monthly : Vol.25(11/12) Page 7
COVER STORY
Great disappointment
The present laws are not satisfactory
TTTTT he Malaysia Hindu Sangam expresses its
very great disappointment and sadness on
the failure of Madam Kaliammal in her ef-
forts to seek relief in the Civil High Court.
We are concerned that the present laws give plenty
of protection to the Muslim community whilst non-
Muslims have very little protection by any statute
under provisions acceptable to non-Muslims.
We are of the opinion that the Federal and all State
Governments in Malaysia should seriously review
the existing laws with attention being paid to the
interests and welfare of non-Muslim communities.
We would propose some amendments to the law in
this regard.
The Malaysian Hindu Sangam is concerned with
the law relating to seizure of bodies of deceased per-
sons from Hindu families. This is done on the
grounds that the deceased had some record with
the Islamic authorities of a conversion to Islam.
It is suggested that, if a person converts to Islam, the
family of the person be informed by the authorities much pain and suffering by family members.
immediately. This will prevent the family suffering
a shock on the funeral day or when the person is on We sincerely hope that the authorities concerned
his deathbed. will give sympathetic consideration to find a just
solution which is truly fair to all communities.
There should also be provisions in the law for a
person who converts to Islam to revert to his former The Malaysia Hindu Sangam is working with our
religion in a simple procedure without any harass- partners in the Malaysian Consultative Council of
ment and without having to go to any Court. Buddhism, Christianity, Hinduism & Sikhism to
further the proposals we have already made previ-
There should also be reasonable laws governing ously to alleviate the grievances of non-Muslims.
commitments to the family incurred by persons who
change their religions before and after their conver- Datuk A.Vaithilingam
sion from one religion to another. The present laws President,
are not satisfactory and not reasonable. There is Malaysian Hindu Sangam
Aliran Monthly : Vol.25(11/12) Page 8
RELIGION
Islam and Justice
You cannot oppose only the radical Islamists while ignoring the
oppression of the elites, Western imperialism and the global
system of capitalist exploitation
by Yoginder Sikand
LLLLL ily Zakiyah Munir is a
leading Indonesian
Muslim human rights
activist. She is the direc-
tor of the Jakarta-based Centre for
Pesantren and Democracy Stud-
ies that works with the ‘ulama and
students of Indonesian Islamic
boarding schools or pesantrens. In
this interview, she speaks to
Yoginder Sikand about her work
and her vision.
QQQQQ::::: IIIIInnnnn rrrrreeeeeccccceeeeennnnnttttt yyyyyeeeeeaaaaarrrrrsssss,,,,, pppppaaaaarrrrrtttttiiiiicccccuuuuulllllaaaaarrrrrlllllyyyyy aaaaafffff-----
ttttteeeeerrrrr ttttthhhhheeeee eeeeevvvvveeeeennnnntttttsssss ooooofffff 1111111111 SSSSSeeeeepppppttttteeeeemmmmmbbbbbeeeeerrrrr
22222000000000011111 aaaaannnnnddddd ttttthhhhheeeee rrrrriiiiissssseeeee ooooofffff nnnnnuuuuummmmmeeeeerrrrrooooouuuuusssss
aaaaannnnntttttiiiii-----AAAAAmmmmmeeeeerrrrriiiiicccccaaaaannnnn IIIIIssssslllllaaaaammmmmiiiiisssssttttt gggggrrrrrooooouuuuupppppsssss iiiiinnnnn
IIIIInnnnndddddooooonnnnneeeeesssssiiiiiaaaaa,,,,, ttttthhhhheeeeerrrrreeeee iiiiisssss mmmmmuuuuuccccchhhhh tttttaaaaalllllkkkkk
aaaaabbbbbooooouuuuuttttt ‘‘‘‘‘llllliiiiibbbbbeeeeerrrrraaaaalllll IIIIIssssslllllaaaaammmmm’’’’’ ffffflllllooooouuuuurrrrriiiiissssshhhhhiiiiinnnnnggggg
iiiiinnnnn IIIIInnnnndddddooooonnnnneeeeesssssiiiiiaaaaa..... SSSSSooooommmmmeeeee iiiiinnnnnssssstttttiiiiitttttuuuuutttttiiiiiooooonnnnnsssss is not a homogenous one. It is char- colonialism, then I cannot agree
ssssseeeeeeeeeekkkkkiiiiinnnnnggggg tttttooooo ppppprrrrrooooommmmmooooottttteeeee ‘‘‘‘‘llllliiiiibbbbbeeeeerrrrraaaaalllll IIIIIsssss----- acterized by considerable diver- with it. If it remains silent on the
lllllaaaaammmmm’’’’’ aaaaarrrrreeeee nnnnnooooowwwww bbbbbeeeeeiiiiinnnnnggggg llllliiiiibbbbbeeeeerrrrraaaaallllllllllyyyyy sity and hence it is difficult to make corruption of local and global
fffffuuuuunnnnndddddeeeeeddddd bbbbbyyyyy ccccceeeeerrrrrtttttaaaaaiiiiinnnnn cccccooooonnnnnssssseeeeerrrrrvvvvvaaaaatttttiiiiivvvvveeeee generalizations about it. elites and, instead, trains its ire
WWWWWeeeeesssssttttteeeeerrrrrnnnnn ooooorrrrrgggggaaaaannnnniiiiizzzzzaaaaatttttiiiiiooooonnnnnsssss,,,,, sssssooooommmmmeeeee ooooofffff only on the Islamist extremists, as
wwwwwhhhhhiiiiiccccchhhhh aaaaarrrrreeeee kkkkknnnnnooooowwwwwnnnnn fffffooooorrrrr ttttthhhhheeeeeiiiiirrrrr ccccclllllooooossssseeeee My point is simple. If liberal Is- is sometimes the case, I think this
llllliiiiinnnnnkkkkksssss wwwwwiiiiittttthhhhh ttttthhhhheeeee AAAAAmmmmmeeeeerrrrriiiiicccccaaaaannnnn aaaaadddddmmmmmiiiiinnnnn----- lam aims at protecting the rights is a very one-sided approach. We
iiiiissssstttttrrrrraaaaatttttiiiiiooooonnnnn..... HHHHHooooowwwww dddddooooo yyyyyooooouuuuu lllllooooooooookkkkk aaaaattttt ttttthhhhheeeee of the poor and the marginalised have to be balanced in our critique.
‘‘‘‘‘llllliiiiibbbbbeeeeerrrrraaaaalllll IIIIIssssslllllaaaaammmmm’’’’’ ppppprrrrrooooojjjjjeeeeecccccttttt ttttthhhhhaaaaattttt ttttthhhhheeeeessssseeeee then I welcome it. But if, as in the You cannot criticise and oppose
gggggrrrrrooooouuuuupppppsssss ssssseeeeeeeeeekkkkk tttttooooo ppppprrrrrooooommmmmooooottttteeeee????? case of some foreign agencies that only the radical Islamists while
are now funding certain ‘liberal’ ignoring the oppression of the
A: I share many liberal values Islamic programmes in Indonesia, elites, Western imperialism and
myself, and of course I am op- the underlying agenda is to cre- neo-colonialism and the global
posed to extremism and narrow ate space for liberal free-market system of capitalist exploitation.
understandings of religion. My economics and the exploitation of
answer to your question would be our country by multinational cor- QQQQQ::::: SSSSSooooo wwwwwooooouuuuulllllddddd yyyyyooooouuuuu sssssaaaaayyyyy ttttthhhhhaaaaattttt ttttthhhhheeeee ‘‘‘‘‘llllliiiiibbbbb-----
that the liberal Islam project as it porations and (to) dampen any eeeeerrrrraaaaalllll IIIIIssssslllllaaaaammmmm’’’’’ ppppprrrrrooooojjjjjeeeeecccccttttt iiiiisssss lllllaaaaarrrrrgggggeeeeelllllyyyyy aaaaannnnn
is developing in Indonesia today critique of imperialism and neo- eeeeellllliiiiitttttiiiiisssssttttt vvvvveeeeennnnntttttuuuuurrrrreeeee?????
Aliran Monthly : Vol.25(11/12) Page 9
A: In some ways, yes. Funding for does not really challenge the es- A: Exactly. They certainly won’t
such projects generally comes tablished elites and the Western- sponsor any projects that might
from Western agencies and goes dominated global system of ex- challenge free-market capitalism,
to Indonesian NGOs, which are ploitation. So, we need to talk multinational corporations that
mostly led by middle-class activ- about substantive democracy, have such a stranglehold over the
ists. This is not emerging as a democratic values such as social Indonesian economy or American
spontaneous movement from justice and protection of human hegemony! You won’t find them
among the marginalized. This rights from violation not only by funding projects to critique he-
elitism is also reflected in many of radical Islamists but also by the donism and consumerism! Now,
the causes that several ‘liberal Is- state and by the dominant West- since it is unfortunately difficult
lam’ groups take up and the is- ern countries. for most Indonesian NGOs to get
sues that they ignore. So, they usu- local funds, they generally rely on
ally focus on countering extrem- Another issue that I would like Western agencies that have their
ist Islamist groups and also take to draw your attention to is that own agendas.
up issues such as gender, plural- some ‘liberal Islam’ groups that
ism and democracy. I don’t say get funds from certain Western I think we really need to be care-
these issues are not important. Of agencies seem to have bought ful that when taking foreign funds
course they are, but what is into an elitist free-market dis- we don’t serve an anti-people
equally significant is that in the course. For instance, the support agenda. It really is up to our own
process other vital issues are, de- given by some of them to the re- conscience how we use the money.
liberately or otherwise, often left cent scrapping of the oil subsidy There is always the danger that
out, issues such as imperialism, in Indonesia under World Bank- idealistic youth who really want
unbridled capitalist exploitation, IMF pressure that has hit the to change the system and do some-
the World Bank-IMF-led form of poor the most. thing concrete for the poor might
‘development’ that is only further get co-opted, with access to for-
widening inequalities and in- So, this sort of ‘liberal Islamic’ eign funds, trips abroad and for-
creasing poverty in Indonesia, discourse that is today being very eign jaunts organized by NGOs
and the growing influence of vigorously promoted by certain funded by Western agencies. And
Christian fundamentalism glo- conservative, even right-wing once that happens it is rare for
bally and so on. And to add to this Western agencies in Indonesia, them to speak out against the
we have this terrible cultural in- and perhaps elsewhere, too, is structures that generate poverty
vasion coming in from the West, carefully tailored to suit the in- and exploitation and the domina-
spreading crass consumerism terests of the West and of local tion of local and global elites.
and hedonism and mindlessly elites, because the poor hardly fit
mimicking American pop culture, into their scheme of things. My QQQQQ::::: IIIIInnnnn ttttthhhhheeeee wwwwwrrrrriiiiitttttiiiiinnnnngggggsssss aaaaannnnnddddd aaaaaccccctttttiiiiivvvvviiiiitttttiiiiieeeeesssss
in the process destroying our rich own position is that yes, we need ooooofffff ccccceeeeerrrrrtttttaaaaaiiiiinnnnn WWWWWeeeeesssssttttteeeeerrrrrnnnnn-----fffffuuuuunnnnndddddeeeeeddddd ‘‘‘‘‘llllliiiiibbbbb-----
local cultures. These are equally to be critical of Islamist extrem- eeeeerrrrraaaaalllll IIIIIssssslllllaaaaammmmmiiiiiccccc’’’’’ gggggrrrrrooooouuuuupppppsssss iiiiinnnnn IIIIInnnnndddddooooonnnnneeeee-----
major challenges as is radical ists but we also need to simulta- sssssiiiiiaaaaa,,,,, IIIIIssssslllllaaaaammmmmiiiiisssssttttt rrrrraaaaadddddiiiiicccccaaaaallllliiiiisssssmmmmm iiiiisssss ssssseeeeeeeeeennnnn
Islamism, but I find few advocates neously critique and oppose sssssiiiiimmmmmppppplllllyyyyy aaaaasssss aaaaannnnn iiiiidddddeeeeeooooolllllooooogggggiiiiicccccaaaaalllll ‘‘‘‘‘dddddeeeeevvvvviiiiiaaaaa-----
of ‘liberal Islam’ taking up these Western imperialism, Christian tttttiiiiiooooonnnnn’’’’’ wwwwwhhhhhooooossssseeeee gggggeeeeennnnneeeeesssssiiiiisssss iiiiisssss lllllooooocccccaaaaattttteeeeeddddd iiiiinnnnn
issues as well. extremism and so on. ‘‘‘‘‘dddddeeeeevvvvviiiiiaaaaannnnnttttt’’’’’ iiiiinnnnnttttteeeeerrrrrppppprrrrreeeeetttttaaaaatttttiiiiiooooonnnnnsssss ooooofffff IIIIIsssss-----
lllllaaaaammmmm,,,,, rrrrraaaaattttthhhhheeeeerrrrr ttttthhhhhaaaaannnnn iiiiinnnnn cccccooooonnnnncccccrrrrreeeeettttteeeee sssssooooo-----
When they talk of democracy, it is QQQQQ::::: SSSSSooooo,,,,, wwwwwhhhhhaaaaattttt yyyyyooooouuuuu aaaaarrrrreeeee sssssaaaaayyyyyiiiiinnnnnggggg iiiiisssss ttttthhhhhaaaaattttt ccccciiiiiaaaaalllll ssssstttttrrrrruuuuuccccctttttuuuuurrrrreeeeesssss..... DDDDDooooo yyyyyooooouuuuu aaaaagggggrrrrreeeeeeeeee?????
limited generally to procedural or ttttthhhhheeeee bbbbbaaaaasssssiiiiiccccc aaaaagggggeeeeennnnndddddaaaaa bbbbbeeeeehhhhhiiiiinnnnnddddd mmmmmaaaaannnnnyyyyy
formal democracy—the one-per- WWWWWeeeeesssssttttteeeeerrrrrnnnnn aaaaagggggeeeeennnnnccccciiiiieeeeesssss wwwwwhhhhhooooo aaaaarrrrreeeee tttttooooodddddaaaaayyyyy A: Yes, I agree with you to a large
son-one-vote system of bourgeoi- ssssspppppooooonnnnnsssssooooorrrrriiiiinnnnnggggg ‘‘‘‘‘llllliiiiibbbbbeeeeerrrrraaaaalllll IIIIIssssslllllaaaaammmmm’’’’’ extent. The issue of Islamist radi-
sie democracy—which, as we ppppprrrrrooooojjjjjeeeeeccccctttttsssss iiiiinnnnn IIIIInnnnndddddooooonnnnneeeeesssssiiiiiaaaaa iiiiisssss tttttooooo ssssstttttaaaaavvvvveeeee calism is often seen in a sociologi-
know, is not sufficient to bring oooooffffffffff ttttthhhhheeeee ccccchhhhhaaaaalllllllllleeeeennnnngggggeeeee ooooofffff aaaaannnnntttttiiiii-----WWWWWeeeeesssssttttteeeeerrrrrnnnnn cal vacuum, as if it comes out of
about genuine economic and so- IIIIIssssslllllaaaaammmmmiiiiisssssttttt gggggrrrrrooooouuuuupppppsssss,,,,, aaaaannnnnddddd nnnnnooooottttt tttttooooo rrrrreeeeeaaaaallllllllllyyyyy nowhere. The fact, however, is that
cial democracy and social justice. bbbbbrrrrriiiiinnnnnggggg aaaaabbbbbooooouuuuuttttt aaaaannnnnyyyyy ssssstttttrrrrruuuuuccccctttttuuuuurrrrraaaaalllll Islamist radicalism cannot be un-
This sort of formal democracy ccccchhhhhaaaaannnnngggggeeeeesssss????? derstood without situating it in
Aliran Monthly : Vol.25(11/12) Page 10