Abstract
In 1979, the anthropologist Judith Nagata described multicultural Malaysia as a mosaic. In her socio-anthropological study of Malaysian identity(−ies), Nagata imagined four possible directions along which the Malaysian State might achieve “national unity”: (1) an assimilationist Malay-based nation in which citizens would be encouraged to assimilate to the dominant group; (2) the generation of a hybrid Malaysian culture inclusive of traditional elements of all the major communities; (3) a “pluralistic arrangement” in which cultural and religious communities are juxtaposed and at the same time institutionally separated—the dominant model at the time of Nagata’s study; or, (4) a neutral solution of assimilation to a westernized culture that would go beyond the communities’ differences. Thirty years later, Malaysia has still not consolidated a sense of national unity, and the established “pluralistic arrangement” has proven to be a source of, rather than a solution to, socio-political tensions.
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Notes
- 1.
Ibid., 219.
- 2.
Ibid., 259.
- 3.
Article 8, as detailed below.
- 4.
Article 11, as detailed below.
- 5.
Article 10, as follows:
-
(1)
“Subject to Clauses (2), (3) and (4)—(a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.
-
(2)
Parliament may by law impose—(a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence; (b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order; (c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.
-
(3)
Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labor or education.
-
(4)
In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.”
-
(1)
- 6.
Islamic law is a state matter (except in the federal territories where it is a federal matter), thus Islamic law has developed differently from one state to another. In most of the states, the Islamic law provides for the creation of three independent authorities: Majlis Agama Islam or Islamic council responsible for all matters concerning the Islamic religion except Islamic law and justice, the mufti (the highest religious official), responsible for the determination of Islamic law, and the syariah courts responsible for the administration of justice. For a complete description of the administration of Islamic Law, see Hamzah and Bulan (2003).
- 7.
Article 3 of the National constitution reads:
-
(1)
“Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation.
-
(2)
In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledge and declared by the Constitution of that State, and, subject to that Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observances or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the Yang di-Pertuan Agong to represent him.
-
(3)
The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong the position of Head of the religion of Islam in that State.
-
(4)
Nothing in this Article derogates from any other provision of this Constitution.
-
(5)
Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.”
-
(1)
- 8.
This category includes Malays and indigenous people considered “sons of the soil” (Bumi: earth, putera: son), with Malays composing about 50.4 % and indigenous people 11 % in 2000.
- 9.
Percentage distribution of the population by ethnic group, 2010 in Population and Housing Census Malaysia 2010. http://www.statistics.gov.my/portal/index.php?option=com_content&view=article&id=1215%3Apopulation-distribution-and-basic-demographic-characteristic-report-population-and-housing-census-malaysia-2010-updated-2972011&catid=130%3. Accessed October 18, 2011.
- 10.
Malays are Muslim as stipulated in Article 160 (2) of the federal constitution: “Malay is a person who professes Islam, (…) and habitually speaks the Malay language.”: Here, Islam is the primary marker of Malay identity, and in fact the element of language seems not compulsory. So, the Malay identity is not entrenched into an ethnic identity but in the religious and customary practices, the roots and the language. In that sense any persons who fulfill the four criteria—religion, custom, language and roots—are considered Malay, including new converts, and eligible for the same privileges and laws. In this way, Malay identity and faith are inextricably linked.
- 11.
In 2006, state authorities demolished several Hindu temples, including Sri Siva Balamuniswarar (Setapak), Sri Kumaravel (Kampong Medan), Muniswarar temple (Midlands Estate), and Muniswarar (Seremban). Such destruction continued in 2007 despite protests from the Hindu community. On November 25, 2006, one hundred Hindu Rights Action Force (HINDRAF) supporters and members were arrested during one of the biggest demonstrations in Malaysian history, amassing more than 30,000 people in front of the British High Commission. Protesters were repressed by police forces using tear gas and water cannons. On December 12, Prime Minister Abdullah Badawi, gave the order to arrest five leaders of the organization accused of generating racial hatred and having links to a terrorist organization, under the ISA. Lemière (2009a).
- 12.
The constitution goes on to further qualify the definition of a Malay as—“(a) was before Merdeka Day, born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or was on that day domiciled in the Federation or in Singapore; or (b) is the issue of such a person.”
- 13.
The person must be born in Malaysia or born from parents who were born in Malaysia or Singapore.
- 14.
The United Malay National Organisation (UMNO) led today by Prime Minister Najib Tun Razak has been in power since independence. The party is the main actor in its coalition Barisan Nasional (BN, or National Front), which consists of 14 parties including the Malaysian Indian Congress (MIC, an Indian party) and the Malaysian Chinese Association (MCA, the Chinese party).
- 15.
On the myth of the lazy native and colonial racial stereotypes in Southeast Asia, see Alatas (1977).
- 16.
As stipulated in Article 11.
- 17.
New Economy Policy (1971), National Development Policy (1991), and New Economic Model (2010).
- 18.
Also see the case of South Africa and the broad-based Black Economic Empowerment (BEE), in which South Africans of Chinese descent are now included and officially recognized as black.
- 19.
Articles 2–3 of the national constitution.
- 20.
For a complete study on the Malaysian constitution see Faruqi, Document of Destiny.
- 21.
Faruqi, Document of Destiny, 128.
- 22.
Whiting, “Secularism, the Islamic State and the Malaysian Legal Profession,” 12.
- 23.
“All Muslims are subjected to Islamic law in matters of succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, wakafs, zakat, fitrah, baitulmal or similar Islamic religious revenue. A Muslim cannot opt out of Islamic law (However in many areas Muslims are allowed to have a choice between syariah provisions and ordinary civil laws. Among these areas are banking, trusts, adoption and a whole range of commercial transactions). He/she can be compelled to pay Zakat and Fitrah.” Faruqi, Document of Destiny, 132
- 24.
Department of Islamic Development Malaysia (JAKIM), “About Jakim,” http://www.islam.gov.my/en/about-jakim. Accessed October 18, 2011.
- 25.
Within the framework provided by List II of the 9th Schedule.
- 26.
Act A704, 10.06.1988. See Shuaib (2012, January).
- 27.
Article 121(1A) and Paragraph 1, List II of the 9th schedule of the national constitution.
- 28.
Cases for references: Tongiah Jumali v Kerajaan Johor [2004] 5 MLJ 41 (conversion out of Islam and Christian marriage), and Saravanan a/l Thangathoray v Subashini a/p Rajasingham [2007] 2 MLJ 705 (involving Muslim and non-Muslim parties).
- 29.
See: Suara Rakyat Malaysia (SUARAM) (2011).
- 30.
-
(1)
“Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.
-
(2)
No person shall be compelled to pay any tax, the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
-
(3)
Every religious group has the right—(a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law.
-
(4)
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.
-
(5)
This Article does not authorize any act contrary to any general law relating to public order, public health or morality.”
-
(1)
- 31.
-
(1)
“Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth—(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or (b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).
-
(2)
Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
-
(3)
No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
-
(4)
For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.”
-
(1)
- 32.
Faruqi, Document of Destiny, 330.
- 33.
Ibid., 345.
- 34.
In Perak, Muslim apostasy is punishable with RM 2000 fine (about USD 650) or 2 years imprisonment. Since 1992, four apostates have been imprisoned and “rehabilitated” in Kelantan. Faruqi, Document of Destiny, 345.
- 35.
Such as the Lina Joy case.
- 36.
Siti Fatimah Tan is one of the rare cases where a Muslim convert has been able to revert to her original faith (Buddhism). Tan Ean Huang converted to Islam in 1998 in order to marry an Iranian man in 2004. After her husband left her, she filed a renunciation of Islam to the Penang Shari`a High Court. Her Muslim status was canceled in May 2009 by the shari`a court on the grounds that she never practiced the Islamic faith.
- 37.
Shuaib, “The Islamic Judicial Structure in Malaysia,” 14.
- 38.
The role and powers conferred to the religious authority in Malaysia emphasize the hybrid nature of the Malaysian State as neither fully Islamic, nor completely secular. The existence of a moral police preventing moral crimes potentially committed by both Muslims and non-Muslims reinforces the virtual power of the state over Muslims and, surprisingly, over non-Muslims as well.It is interesting to note that the religious police have been targeting Malaysian Muslims as well as non-Muslims and Muslim foreigners. On September 15, 2009, Nazarudin Kamaruddin, 46, an Indonesian citizen, became the first person to be caned for consuming alcohol in Pahang state in central Malaysia. A few months earlier, Kartika Sukarno was condemned by the same judge to whipping and a fine for consuming beer in a club. See Lemière (2009b). For an example of harassment of a mixed couple by the moral police see Sharon Shah, “‘Is Chinese Penis Really That Good?’” The Nut Graph, June 14, 2010. http://www.thenutgraph.com/%E2%80%9Cis-chinese-penis-really-that-good%E2%80%9D/. Accessed October 19, 2011.
- 39.
Shuaib, “The Islamic Judicial Structure in Malaysia,” 19.
- 40.
Lemière, “Entre flagellation et exclusion.”
- 41.
Lina Joy is the Christian name of a Malaysian Muslim who converted to Christianity in 1998 and subsequently married a Christian. Following her conversion, Joy, formerly known as Azlina Jailani, requested the National Registration Department to revise the designation of “Islam” on her ID card, which would have implied a change of administrative status from Muslim to non-Muslim. The National Registration Department (NRD) accepted her change of identity but not of her religious status: Lina Joy would remain a Muslim, unless she obtained a certificate from the Islamic court certifying her renunciation of Islam. In 1999, Joy sued the NRD and at the same time applied for a certificate of conversion out of Islam to her state’s shari`a court. In 2007, after 9 years of legal procedures in both civil and Islamic court defended by her lawyers and human rights activists Malik Imtiaz and Haris Ibrahim, Joy has still not been successful in obtaining her new status and thus is still considered a Muslim by Malaysian authorities. In order to practice the religion of her choice, she now lives in Australia.
- 42.
Masoosai (formerly Siti Fatima), an Indian-born Muslim, was raised by her Hindu paternal grandmother, and she subsequently converted to Hinduism, and married a Hindu in 2004. Her conversion came to light after she gave birth to a girl, Dyvia Darshini, and declared her birth to the administration. Masoosai was convicted for apostasy by the Islamic court of Malacca and was sent to a faith rehabilitation center in Ulu Yam (in the Kuala Lumpur area) for 180 days. Her 15-month-old daughter was removed from her father’s care, and custody was given to her Muslim maternal grandparents, as Malaysian law does not recognize marriage between Muslims and non-Muslims. See Claudia Teophilius (2007).
- 43.
About the history of the da`wa movement and its political consequences see Mess and Pearce, “Dakwah Islamiah,” 196–220 (Abdul Fauzi Abdul Hamid 2000).
- 44.
Islamic Banking Act of 1983, Government Investment Act of 1983, and Islamic Insurance Act of 1984.
- 45.
About the relationship between Anwar Ibrahim and Mahathir Mohamad, see Wain (2009).
- 46.
Ashaari Muhammad founded Darul Arqam in 1968 in order to establish an Islamic society. The leader was critical of the lack of involvement of the government in the public domain. The organization managed to develop a large network of Islamic businesses and educational, social, and economic projects. The organization became very popular within the government and education sectors, and claimed to have more than 7,000 members in public institutions. Darul Arqam owned a business empire estimated at 300 million RM (approximately equivalent to 65 million Euros) that involved supermarkets, information technology, cosmetic, and video production. The organization was banned in 1994 and the leaders were extradited from hiding in Thailand. They were jailed under the ISA. Later the organization was dissolved.
- 47.
Gerakan belongs to the ruling coalition, Barisan Nasional.
- 48.
Ibid.
- 49.
PERKIM (Pertubahan Kebajikan Islam Malaysia, or Muslim Welfare Organization Malaysia), http://www.perkim.net.my. Accessed July 4, 2011.
- 50.
YADIM, http://www.yadim.com.my. Accessed July 4, 2011.
- 51.
Pertubahan Jamaah Islah Malaysia (JIM) can be seen in the Malaysian context as a modern organization bringing together highly educated individuals and emphasizing leadership training. The main aim of the organization is “to reform and mobilize society towards the establishment of truth and universal justice.” See: JIM, http://www.jim.org.my. Accessed July 4, 2011.
- 52.
The Malaysian Chinese Muslim Association (MACMA) is oriented toward the Malaysian Chinese community. MACMA was created in 1994 and today has about 1,600 members, all of whom are Malaysian Chinese Muslims. Based in Kuala Lumpur, the organization has 14 branches around the country. MACMA aims to bring together all the Chinese Muslims of Malaysia, estimated at around 57,000 individuals. The organization is well organized and offers a good support network to Chinese entrepreneurs involved in the halal business.
- 53.
Interview with Dato’ Haji Mustapha MA, President, May 2006.
- 54.
Interviewed in 2008, the name and exact location remain anonymous so as to not compromise the interlocutor.
- 55.
Interview with a Malay woman who unofficially converted to Buddhism and whose sister converted to Christianity, Kuala Lumpur 2008. The existence of underground meetings of Malays who have converted to Christianity has been mentioned by several other sources but not observed by the author.
- 56.
Teras Pengupayaan Melayu (TERAS) is a rural Islamist NGO based in Merbok (Kedah) created in the 1990s by its president, Mohd Azmi Abdul Hamid. The NGO has 3,000 members and maintains branches in most of Malaysian states. See Lemière (2010b).
- 57.
The organizers claimed more than 250,000 conversions from Islam to Christianity since 2008.
- 58.
See “Rally organizers denies link to Ezam or Perkasa,” Malaysiakini, October 18, 2011. http://www.malaysiakini.com/news/178955. Accessed October 18, 2011.
- 59.
On the media coup strategy, see Lemière (2007).
- 60.
“1. Faith and piety in Allah; 2. A just and trustworthy government; 3. A free and independent people; 4. A vigorous pursuit and mastery of knowledge; 5. A balanced and comprehensive economic development; 6. A good quality of life for the people; 7. The protection of the rights of minority groups and women; 8. Cultural and moral integrity; 9. The safeguarding of natural resources and the environment; and 10. Strong defence capabilities.” In Badawi 2006.
- 61.
From a lecture by Abdullah Badawi, Sydney Australia, April 2005, available online at: http://asiasociety.org/countries-history/religions-philosophies/Islam-hadhari-a-multi-racial-society. Accessed June 30, 2011.
- 62.
In early 2001, the Bar Council initiated the formation of a Pro-tem Committee to steer the formation of a statutory body to be called the Inter-Religious Council. The Interfaith commission (IFC) included The Bar Council; the International Movement for a Just World (JUST); HAKAM; ABIM; SIS; The Malaysian Consultative Body on Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS); Institut Kefahman Islam Malaysia (IKIM); Jabatan Kemajuan Islam Malaysia (JAKIM); Jabatan Agama Islam Selangor (JAIS); Insaf; SUARAM; Forum IQRA; ALIRAN; Research and Information on Islam (RICOI); Pure Life Society; and JIM. The Human Rights Commission of Malaysia (SUHAKAM) and representatives from the Ministry of National Unity and Social Development were also invited to join the committee. See: Konrad Adenauer Foundation, The Initiative for the Formation of an Interfaith Commission—A Documentation (Malaysia, July 6, 2007).
- 63.
The debate started in 1991 and the bill was passed in November 1993 by the State Legislative Council of Kelantan, a state governed by PAS. The bill, which outlines punishments exceeding the limits of Shari`a Courts as authorized by the constitution (List 2 of the 9th schedule), has not been enforced.
- 64.
Lemière, “Apostasy and Islamic Civil Society in Malaysia,” 46–47.
- 65.
http://www.jais.gov.my. Accessed October 29, 2011.
- 66.
See Teoh (2011).
- 67.
The Ahmadiyya movement claims to be a branch of Islam, though it is considered deviant by mainstream Muslims. In April 2009, Ahmadis were forbidden to use their places of worship by MAIS, the religious authorities in Selangor. There are about 1,500 Ahmadis in Malaysia. See Shanon Shah, “MAIS forbids Ahmaddiya worship,” April 28, 2009, The Nut Graph, http://www.thenutgraph.com/mais-forbids-ahmadiyya-worship/. See also the movement’s website at: http://www.islam-ahmadiyya.org/.
- 68.
See Imtiaz (2005).
- 69.
The coalition includes AWAM, The Bar Council, SIS, SUARAM, MCCLBHS, MCLS, WAO, and HAKAM.
- 70.
“The Coalition Called Article 11: Myth and Fact,” Aliran, March 27, 2007, http://aliran.com/282.html.
- 71.
Lemière, “Apostasy and Islamic Civil Society in Malaysia,” 46–47.
- 72.
Lemière, “Dakwah and Politics.”
- 73.
“Malay Ethnic Tribes Forced to Convert,” Al Jazeera, August 2010.
- 74.
See Lemière, “Dakwah and Politics.”
- 75.
Lemière, “Allah Molotov.”
- 76.
On the historicity of the construction of Malay identity and its markers, see Andaya (2008).
- 77.
Lemière, “Apostasy and Islamic Civil Society in Malaysia,” 46–47.
- 78.
Ahmad Ismail, the Bukit Bendera UMNO division head, allegedly said Chinese were “squatters” in the country, who were both selfish and unjust, at a ceramah on August 24 while trying to buttress support for BN candidate Arif Shah Omar Shah in the by-election contest against opposition icon Anwar Ibrahim. See: Andrew Ong (2008). During field research by the author, several interviews made with members of ethno-nationalist organizations showed that they often consider Chinese and Christians to be members of a global American-Zionist or free-Masonic conspiracy against Malays and Muslims.
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Lemière, S. (2014). Conversion and Controversy: Reshaping the Boundaries of Malaysian Pluralism. In: Finucane, J., Feener, R. (eds) Proselytizing and the Limits of Religious Pluralism in Contemporary Asia. ARI - Springer Asia Series, vol 4. Springer, Singapore. https://doi.org/10.1007/978-981-4451-18-5_3
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