“Daily Express Sabah” (http://www.dailyexpress.com.my)
'No law or person should prevent this right' , 12 October 2008
Penampang: The United Pasokmomogun Kadazandusun Murut Organisation (Upko) wants the Government to quell feelings of insecurity among a large section of the population who worry that the guarantee of religious freedom as enshrined in the Constitution may slowly be eroded in the country.
Its President Tan Sri Bernard Dompok said Sabah has always been touted as the State where race relations had been generally good and Upko wants it to stay this way.
"We plead to the authority for understanding on the predicaments of the local bumiputera and to allow them to decide on their religion.
"I feel that Indonesia, a predominantly and easily the most populous Muslim country (in the world) provides the best example for Malaysia in as far as religious practices are concerned.
"We must ensure in this party that the harmony we enjoy cannot be destroyed by religious bigots from whichever religion," he said in his policy speech in conjunction with Upko's 12th Triennial Delegates' Conference at the Penampang Cultural Centre, Saturday.
He said the spate of court cases where families sought to carry out the dying wish of their loved ones to be buried according to the rites of the religion of their choice have created anxiety among the non-Muslim community.
"Indeed, no one should be prevented from practising any religious belief. It is within the constitutional right of a Malaysian to convert to Buddhism, Islam, Christianity or any other religion," he said.
"It is also, however, within the right of that Malaysian to revert to his previous religion if he so wishes and no law or person should stand between a man and his God," he said.
The Minister in the Prime Minister's Department said the courts of the land should hopefully put to rest public concerns of a judiciary that is less than independent, especially with the present effort by the Government to carry out judicial reforms.
He said judgements emanating from the courts must purely be a pronouncement of justice and not coloured by the religious beliefs of those chosen to dispense the justice.
Presently, there are even disputes as to the jurisdiction of the civil courts and the Syariah courts, which is now very often the predicament of those who converted to Islam when they marry a Muslim, he said.
"When there is a breakdown in the marriage, the converting spouse who then wants to go back to her or his religion can no longer do so."
He cited an example where two Hindus marry and along the way, the man decides to marry a Muslim resulting in a divorce but even the divorce proceedings cannot be done in the civil courts as one of the parties is already a Muslim.
"My opinion is that in a marriage of this nature, in the event that divorce does become necessary, it should end where it started. That is, if the marriage was in the first place conducted under civil law, then the divorce should be settled under the civil courts.
"If the marriage was a marriage under Islamic law, the divorce settlement should be under the Syariah courts," he said.
Dompok said this was one of the points contained in the memorandum sent to the Prime Minister a few years ago by nine Ministers, of which he was one of the signatories, but were later asked to withdraw.
"I did not withdraw my signature because I felt that there was nothing improper in the memorandum. Indeed the contents were very much consonant with the effort by the Government to strive for a Malaysia that recognises the special position of Islam within the federation and the rights of others to practise the religions of their choice," he said.
In Sabah, Dompok said the more common cases involved converts of the 1960s and 1970s who have not realised the seriousness of conversion and continued to lead their old life.
Their children may feel that they have never been Muslims but their identity cards show otherwise. Hence, when they get married either under customary law or civil law, they encounter problems in registering the births of their children, he said.
He said natives of Sabah whose names sounded Muslim, though they are not, were ascribed to the religion and they have a hard time trying to make the necessary correction.
"Some have been advised to go to the Syariah courts to clear their religion.
How can someone who has never been a Muslim be subjected to the Syariah?," he asked, adding that the matter should be addressed, as it is a nagging situation.
He said one of the legacies of Prime Minister Datuk Seri Abdullah Ahmad Badawi was openness and it was better to discuss the issue in order for it to become less of a problem.
Copyright © Daily Express, Sabah, Malaysia
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