"Lily's Room"

This is an article collection between June 2007 and December 2018. Sometimes I add some recent articles too.

Kelantan and Federal Court in M'sia

www.heraldmalaysia.com/news/mccbchst-urges-adherence-to-federal-court-ruling/75295/1

MCCBCHST urges adherence to Federal Court ruling

In a decisive stance, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST) has voiced its concern over the Kelantan legislative assembly’s recent motion to re-enact 16 provisions previously nullified by the Federal Court in the landmark Nik Elin Zurina Binti Nik Abdul Rashid & Another v Negeri Kelantan case, decided on February 9, 2024.

KUALA LUMPUR: In a decisive stance, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism (MCCBCHST) has voiced its concern over the Kelantan legislative assembly’s recent motion to re-enact 16 provisions previously nullified by the Federal Court in the landmark Nik Elin Zurina Binti Nik Abdul Rashid & Another v Negeri Kelantan case, decided on February 9, 2024.

The Federal Court, in an 8-1 judgment, had declared these provisions from the Kelantan Syariah Criminal Code (1) Enactment 2019 unconstitutional, as they exceeded the state’s legislative authority under the Federal Constitution. The ruling emphasised that these sections, dealing with matters already governed by federal law, violated the constitutional demarcation of legislative powers between the state and the federation.

The MCCBCHST’s statement, issued on March 14, underscores the Kelantan legislature’s obligation to adhere to the Federal Constitution and the court’s decision. It criticises the state’s legislative assembly for challenging the constitution, the highest court, and the rule of law through its motion. The council urges the Attorney General, as the guardian of public interest and constitutional protector, to advise the Kelantan State Government against any attempts to reinstate the impugned provisions, highlighting the potential threat such actions pose to democracy and national stability.

Citing several landmark Federal Court decisions, the MCCBCHST reaffirms the constitutional limitation on legislative powers, the secular nature of Malaysia’s legal framework, and the specific jurisdiction of Syariah Courts. It appeals to the foundational principles of the constitution, including the separation of powers, the rule of law, and the protection of minorities, as essential elements that cannot be overridden by legislative or constitutional amendments.

The council’s plea for the Kelantan State Government to respect and accept the Federal Court’s ruling is echoed by its diverse leadership, comprising representatives from major religious communities in Malaysia. The statement concludes with a call for all parties to act in the country’s best interests and uphold constitutional democracy, emphasising the urgency of maintaining harmony and legal integrity within Malaysia’s pluralistic society.

 

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The Arabic writing for the word God

Religion Newshttps://religionnews.com/2024/04/08/

 

Anger in Malaysia over shoes bearing logo resembling Arabic word for God. Company head apologizes

8 April 2024

by Associated Press

People shop at a Vern's outlet at a shopping mall in Kuala Lumpur, Malaysia, Monday, April 8, 2024. Vern’s Holdings, a Malaysian shoe company has apologized and stopped selling some of its footwear after some Muslims said the logo resembled the Arabic writing for the word God. (AP Photo/Vincent Thian)

 

KUALA LUMPUR, Malaysia (AP) — A Malaysian shoe company has apologized and stopped selling some of its footwear after some Muslims said the logo resembled the Arabic writing for the word God.

Vern’s Holdings said the logo stamped on the soles of some high-heeled shoes depicted the silhouette of a stiletto heel with an ankle spiral wrap. It acknowledged, however, that shortcomings in the design may have led to the logo being misinterpreted. The company also said it acted immediately to stop sales of the shoes and issue refunds to customers who bought them.

“We have absolutely no intention of designing a logo aimed at belittling or insulting any religion or belief,” Vern’s said in the statement posted on social media. “The management would like to humbly apologize and seek forgiveness. We hope for compassion so we can rectify this mistake.”

Police said Monday they confiscated more than 1,100 shoes from Vern’s stores. The Department of Islamic Development, an agency that handles Islamic affairs in Malaysia, also summoned the company’s founder, Ng Chuan Hoo.

The local Star English-language newspaper quoted NG as saying he regretted the uneasiness caused and hurting the Muslim community. “I hope to learn from the incident and to be more careful and sensitive in the future,” he said.

The Islamic department said if evidence that the logo was deliberately created to mimic the word “God” in Arabic, legal action will be taken to prevent similar future incidents.

It also urged businesses to remain vigilant of sensitive issues that can threaten the country’s racial unity.

The footwear controversy followed a furor last month over socks printed with the word “Allah” on the shelves in a large Malaysian convenience store chain. The owners of KK Mart and representatives from one of its suppliers were charged on March 26 with offending the religious feelings of Muslims, and some stores were hit with small petrol bombs. No injuries were reported.

Religion is a sensitive issue in Malaysia, where Muslims account for two-thirds of a population of 34 million, with large ethnic Chinese and Indian minorities. “Allah,” the Arabic word for God, is sacrosanct to Malaysian Muslims and many found it offensive to associate the word with feet.

The matter came to light after critical social media posts highlighted the logo’s resemblance. Religious authorities and police have said they were investigating the matter after receiving complaints from the public.

Meanwhile, tensions have remained over the earlier case. KK Mart Group, the country’s second-large chain of convenience stores, has said the supplier sent items the company had not agreed to stock. The supply company founder has said the socks were imported from China as part of a large shipment and apologized for being careless in their inspection.

The leader of a Malay nationalist party’s youth wing in Malaysia’s government has pressed for a boycott of the chain and is being investigated for alleged sedition over a social media post showing him wielding a sword.

Critics say the party seeks to woo ethnic Malay support after heavy losses in the last general elections.

 

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Term issue in Pakistan

(http://www.fides.org/en/news/74375-ASIA_PAKISTAN_Historic_court_decision_against_discrimination_Christians_should_in_future_be_referred_to_as_Masihi_the_people_of_the_Messiah)

 

ASIA/PAKISTAN - Historic court decision against discrimination: Christians should in future be referred to as "Masihi", the people of the Messiah

6 November 2023

by Paolo Affatato

 

Lahore (Agenzia Fides) - Words have weight. Words are sometimes like bullets that kill. On the other hand, words can also give life, hope and comfort. Words have power, and in a community or a nation they have the power to create a mentality, to profoundly influence culture.

 

For this reason, in Pakistan, the decision of the Supreme Court of Pakistan, which issued a wide-ranging order for the Christian community in the Khyber Pakhtunkhwa (KP) province, appears historic, even "epoch-making" to some. The decision obliges the government and all public institutions to replace the term "Esai" (or "Isai") with "Masihi" when referring to the Christian community or citizens of the Christian faith.

 

The measure is intended to mark a significant change in the approach to recognizing and respecting the cultural and religious identity of Christian communities.

 

This is a long overdue change: for many years, Pakistan's Christian community has actively advocated for the use of "Masihi" as a designation in official government documents and communications. The term "Esai", which has always been used to describe Christians, has a derogatory connotation that goes back to ancient caste discrimination. The linguistic change therefore shows the will to promote religious tolerance, integration and the protection of the rights of minority communities and to overcome a logic of contempt. It testifies to the institutions' commitment to uphold and implement the principles of equality enshrined in the country's constitution.

 

The Supreme Court's decision was made by a two-judge panel headed by Chief Justice Mian Saqib Nisar and Justice Ejazul Ahsan, following a petition filed by Samuel Payara, chairman of the Implementation of Minorities Rights Forum. In Pakistan, Christians are often referred to by the Urdu word "Esai," derived from "Isa," the Arabic word used for Jesus in the Quran.

 

The term "Masihi", on the other hand, meaning "people of the Messiah", is also accepted by Pakistani Christians and does not contain any negative judgment or imply any humiliation of the people to whom it refers.

 

The term "Esai" was first used during the colonial period and mainly refers to people working in street cleaning and other lower caste occupations. Also an expression of hostility and disgust is the term “churha,” officially translated as “street sweeper,” a word that referred to a caste of Dalits, the “untouchables.”

 

The term has retained a strong pejorative meaning over the years and is used as an insult to Christians, regardless of their profession: such insults with emotional and psychological impact often begin in Pakistani classrooms and have serious consequences for well-being, confidence and the self-esteem of children of Christian faith.

 

The term refers to a social practice: In Pakistan, an estimated 80 percent of street and sewage garbage workers are uneducated people, at the bottom of the social ladder, Christians, who are still treated as outcasts or "untouchables": people generally avoid shaking hands, making friends, and even eating or drinking with them.

 

The Supreme Court ruling, supported by the Council of Islamic Ideology, opens up the possibility of overturning this discriminatory mentality: the Election Commission of Pakistan, meanwhile, has already responded to the directive by removing the word "Esai" from voter registration forms and replaced by "Masihi", setting a precedent for other government departments. Leaders and supporters of the Christian community welcomed this development and see it as an important step towards recognition and respect for cultural and religious identity.

 

The decision to replace "Esai" with "Masihi" is seen as a concrete attempt to banish feelings of contempt and discriminatory ideas from society and to promote harmonious coexistence.

 

For the "National Commission for Human Rights" this is "an important victory to put an end to religious discrimination."

 

According to the NGO "The Edge Foundation", this is an important step that will gradually be extended to all public, national and regional institutions. “It is a step towards unity,” said the NGO, “because it is not just a change in terminology, but also also a commitment to change mentalities, respecting the different identities that make up Pakistan's rich mosaic of cultures and beliefs.

 

"It is a measure that promotes religious understanding and unity among the people of Pakistan." To overcome stereotypes that breed hostility, Bargad, Pakistan's largest Muslim youth non-governmental organization, has launched a program to teach the alternative term, encouraging its members to call Christians "Masihi."

 

In Pakistan, where more than 90 percent of people identify as practicing Muslims, there are around 2.6 million Christians (1.27 percent of the total population), according to the 2017 census.

 

Although Pakistan was founded in 1947 with the intention of creating a tolerant and egalitarian country, Pakistani Christians have suffered from substandard living conditions and creeping religious discrimination in society since its inception.

 

According to the Lahore-based NGO Center for Social Justice (CSJ), even government departments issue tenders that confirm deep-rooted discriminatory practices, such as: reserving the lowest jobs in the sanitation sector, such as cleaning sewage treatment plants, for citizens of the Christian faith (a prerequisite).

 

In 2022, the Center released an archive of nearly 300 discriminatory job advertisements published in Pakistani newspapers between 2010 and 2021. The job advertisements expressly invited only “non-Muslims” to apply for jobs as cleaners in public institutions.

 

Mary James Gill, executive director of the NGO Center for Law and Justice (CLJ) and former member of the Punjab Provincial Parliament, wants to address inhumane working conditions and negative attitudes towards garbage collectors through an awareness campaign called "Sweepers Are Superheroes" launched in 2019.

 

The campaign aims to improve the dignity of these workers by stimulating a political debate on the need for their social and legal protection. Back in December 2021, the Punjab government banned the use of the term “churha” for cleaners and imposed penalties for violating this ban.

 

And in January 2022, the Islamabad High Court ordered various ministries and government departments to stop publishing job advertisements for cleaners reserved for "non-Muslims."

 

According to the two non-governmental organizations CSJ and CLJ, these abuses have their roots in the caste system of the Indian subcontinent. When Christian missionaries came to India in the second half of the 19th century - long before the partition of 1947, when the British Empire divided India and Pakistan, creating two separate nations - many of the lower castes or outcasts, the "untouchables", became attracted by the message of dignity, justice, redemption and reparation that Christianity brought and converted to Christianity.

 

As early as 1870, a conversion movement to Christianity had become widespread among the Chuhra Dalits in the province of Punjab.

 

The Chuhras were the largest lower caste in Punjab and mostly practiced menial jobs such as street and canal cleaning.

 

Even after the partition of India and Pakistan in 1947, the Chuhras of Punjab, almost all of whom were Christians, were uneducated and continued to be confined to menial jobs in sanitation.

 

This social stigma has persisted through the decades, even after the emergence of the modern nations of India and Pakistan.

 

And it is a vicious circle that is passed on from one generation to the next and is difficult to break out of. One of the means to break this cycle is education.

 

The literacy rate of Christians in Pakistan reflects the impact of this structural discrimination.

 

According to a 2001 report by the Commission for Justice and Peace of the Catholic Bishops of Pakistan (NCJP) - the last comprehensive analysis - the average literacy rate among Christians was 34% twenty years ago, compared to the then national average of 47%.

 

Recent data released by the non-governmental organization Minority Voices shows that in Lahore, a city in the Punjab province where about 700,000 Christians live, the literacy rate among Christians is 69.80% when counting primary schools, but drops to 28.7% when looking at the subsequent school cycle, while the percentage of Christians with a university degree (9%), a master's degree (3%) or a doctorate (0.38%) shows the profound gap that exists in the field of education among young Christians.

 

The work carried out by Christian churches of all denominations in the field of educational work and in promoting the general level of education remains crucial for the social and civil status of Christian believers in Pakistan and for overcoming the old discriminatory mentality.

 

(Agenzia Fides, 6/11/2023)

 End

‘Allah’ word use

The Malaysian Insighthttps://www.themalaysianinsight.com/s/468650?fbclid=IwAR06WSVySD8HBBLgY4QMTZRqgJJJf0kw3FCfThkMoz-WWSZT7oe4GGUoSsc

Groups urge fairness to all in administrative order on ‘Allah’ word use


by Noel Achariam

26 Oct 2023

THE draft of a new administrative order on the use of the word “Allah” must be fair to all religions without any outright ban on the use of the word by non-Muslims, interfaith groups said.

Former Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism president R.S. Mohan Shan hopes the new order will favour all races.

(End)

 

Malaysian court rejects re-Christian

(https://www.ucanews.com/news/malaysian-court-rejects-womans-bid-to-return-to-christianity/102182)

 

Malaysian court rejects woman's bid to return to Christianity

The woman converted to Islam in 1995 to marry a Muslim man whom she divorced in 2013

The High Court in Malaysia's Penang state has refused to hear a petition from a woman seeking a legal bid to renounce Islam and return to Christianity after divorcing her Muslim husband in 2013. (Photo: AFP)

 

by UCA News reporter

4 August 2023 

 

The high court of Malaysia has rejected a 57-year-old woman’s bid to return to Christianity, saying it has no power to interfere in cases concerning the renunciation of Islam.

The Civil High Court in Penang state refused to hear a petition of the woman that seeks a judicial review to overturn an earlier decision from the Sharia Court, Malay Mail reported on Aug. 4.

The name of the woman, a mother of three, was not published to protect her privacy, the report stated.

The woman was born into a Christian family and converted to Islam for marriage in 1995.

She and her husband divorced in 2013 and she wanted to return to her original faith but the Islamic Sharia court refused her permission to do so.  

The Sharia High Court rejected her application in 2020, and the Sharia Appellate Court affirmed the decision this year.

The Sharia court is one of two separate court systems in Malaysia that has jurisdiction over all Muslims in the country.

A state’s Sharia court follows the state’s Islamic legislation related to family laws and religious observances.

Judge Quay Chew Soon of Penang High Court rejected the woman’s plea on June 26 and signed his judgment dated July 17. But it was released only recently, Malay Mail reported.

The judge said civil courts have no power to hear renunciation cases.

“The issue of conversion, be it into or out of Islam, concerns the principles of Islamic faith and creed,” he said on Aug. 2 explaining the grounds of the judgment, Free Malaysia Today reported.

“It necessitates the determination to be made by those who are truly knowledgeable and understand the religion to its depths,” he added.

The woman had sought six orders from the civil High Court, including a declaration that she is a person professing Christianity and that state Islamic laws do not apply to her, citing that Sharia court’s decisions are invalid for being inconsistent with the Federal Constitution, Malay Mail reported.

The court's decision does not mean her application for judicial review has been rejected but means the court has decided not to hear the lawsuit seeking the six court orders.

Her bid to return to Christianity faced a stumbling block after the Selangor Islamic Religious Council (MAIS) filed an application at the Shariah High Court. That court asked her to first undergo 12 counseling sessions with an Ustaz (Muslim cleric) that lasted about a year.

At the Shariah High Court, the woman, a bishop from her church, and a MAIS officer testified in the proceedings on her bid to renounce Islam.

After dismissing the woman's application to renounce Islam the Shariah High Court on July 23, 2020, ordered her to attend further counselling sessions for 60 days. Her appeal against the order was dismissed by the Selangor Shariah Court of Appeal in January.

She filed the application with the civil court on April 17.

(End)

 

 

No longer "Isa Al-Masih"

http://www.fides.org/en/news/74270-ASIA_INDONESIA_What_name_for_Jesus_in_the_Indonesian_language

ASIA/INDONESIA - What name for Jesus in the Indonesian language?

7 October 2023

Jakarta (Fides News Agency) - The Indonesian government will no longer use, in Bahasa, Indonesia's national language, the term "Isa Al-Masih," a word of Arabic origin, to refer to Jesus Christ and Christian holidays. An end will thus be put to the decades-long practice of using the term routinely used by believers of the Islamic religion, who draw from the Arabic terminology in the Quran. Beginning in 2024, public institutions will use the term "Yesus Kristus in both documents and speeches," which baptized Indonesians of all denominations use in their prayers and liturgies. "There will be a change in nomenclature, as far as the names of holidays are concerned, in accordance with the Minister for Religious Affairs," said the Coordinating Minister for Human Development and Culture, Muhadjir Effendy, in recent days, reporting that "the name Isa Al-Masih will be changed to Yesus Kristus." The deputy minister for religious affairs, Saiful Rahmat, specified that the change was requested by representatives of Indonesian Christians.


The measure has generated mixed reactions and opinions in the public, which have also emerged in the Indonesian media. According to some Christians, it is the right decision because, in Christian liturgies the word "Isa Al-Masih" is never used, but "Yesus Kristus" is used. According to others, the change was unnecessary because "people already know that saying Isa Al masih refers to Jesus Christ, and the name is interchangeable."


In any case, the debate has not, so far, degenerated into controversy: in Islamic-Christian relations in Indonesia there are no tensions, given the nature of "Nusantara Islam," or Indonesian Islam, which has spread and taken root in the archipelago through the preaching of merchants and without any violence, since the 13th century CE. No problems of religious semantics have been created in the past or present. In the past the question was raised as to whether Muslims-whether or not it was right on the level of their faith-to wish "Merry Christmas" to Christians. Eventually the Muslim leaders themselves agreed, in the view of pure sharing of religious sentiments.


In the Bahasa language, the Indonesian national language, Muslims and Christians fluently use the Arabic term "Allah" to refer to God, bearing witness, even on a lexical level, that they are all "children of Abraham," believers in the "religions of the Book." We should remember, however, that the use of that term has generated tensions in neighboring Malaysia, which has cultural and linguistic proximity to Indonesia, such that the Bahasa language is common, albeit with some national nuances.The Malaysian government issued a measure in 2008 banning Christian citizens from using the term "Allah" to refer to God I n their publications and liturgies. The matter ended up in court, with an appeal filed by the Catholic Church: after a long legal battle, in three levels of court, in 2021 the Malaysian High Court ruled that the measure was "unconstitutional" and ruled that non-Muslim citizens can also use the word Allah in their religious publications and cultural materials.


Bishop Vitus Rubianto Solichin, a Xaverian missionary and Bishop of the city of Padang in Sumatra, an Indonesian island where communities live that observe a strict and traditionalist Islam, explains to Fides Agency: "The issue regarding the name of Jesus in Indonesia concerns us vigilantly: We would not want it to take the turn it took in Malaysia, that is, to turn into a ban aimed at Indonesian Christians to use the term Isa Al-Masih. The important thing is to maintain and ensure freedom for all also in language. It must be said that Indonesian Christians regularly use several Arabic words in their religious discourse such as 'Al-kitab' to mean the Bible, 'Injil' for the Gospels and 'Jemaat' for congregations. We hope and are confident that the Indonesian government can hold firm to the principles of equal dignity, rights and freedom of all believers in Indonesia without any discrimination."


(PA) (Fides News Agency 7/10/2023)

 

(End)

 

Denial of renounce Islam

(https://www.opindia.com/2023/10/malaysia-high-court-denies-permission-muslim-convert-renounce-islam-and-revert-to-christianity/)

Don’t have powers to review Sharia court orders’: Court rejects appeal of Malaysian man wanting to revert to Christianity after divorcing his Muslim wife

While rejecting his appeal the Kaula Lumpur HC observed that civil courts do not have the power to review decisions made by Sharia courts.

7 October 2023

 

A 45-year-old Malaysian man petitioned the Kuala Lumpur High Court in Malaysia to renounce Islam and return to Christianity, his original faith, after divorcing his Muslim wife. On Wednesday (October 4), the top court, however, rejected his appeal, stating that the civil courts do not have the authority to review a Sharia court’s decision, a Malaysian local media outlet reported.

According to the report, the man converted to Islam to marry a Muslim woman in 2010, however, he got divorced in 2015. After the divorce, in 2016, he filed an application in the Sharia court to renounce Islam, however, the Sharia court mandated him to attend ‘counselling sessions’.

Later, the Sharia court rejected his renunciation application and asked him to attend further counselling sessions.

The young man then went to the civil court to challenge the Sharia court’s ruling. He argued in the civil court that he should be granted the right to return to and practice his original religion of Christianity.

Sharia court has more power than the civil court

Civil Court Judge Justice Wan Ahmed Farid Van Saleh, however, cited a judgment passed by it earlier this year and observed that civil courts do not have the power to review decisions made by Sharia courts.

Justice Van Saleh further said that I am bound by the court’s decision. The decision of the Sharia court cannot be reviewed.

 

(End)