ASIA/MALAYSIA - Religious minorities living amidst discrimination and contradictions from judicial system

Wednesday, 13 January 2010

Rome (Agenzia Fides) – Religious minorities in Malaysia do not suffer persecution, yet they are discriminated against and have a limited freedom. Malaysian society has a large component of ethnic Malays, identified as people who "profess Islam, speak the national language, live it out in the culture.” The Islamic religion is professed by 50% of the 28 million Malaysian citizens, almost all ethnic Malays. Ethnic minorities (Indians and Chinese) include minority religious communities: Christians (8%, among which 900,000 are Catholics), Buddhists (7%), Hindu (7%), followers of traditional religions (25%), other religions (5%).
Those who leave Islam lose many of their rights. The situation of the use of the word "Allah" has laid bare, in the national political agenda, the issue of discrimination and the rights of religious minorities.
"In Bahasa Malaysia (Malay language) there is no other word to refer to God. There is 'Tuhan' but this term indicates a generic cosmic divinity, not a historical and personal God. Therefore, beginning with the earliest translations, the term 'Allah' was used. Among other things, this term of Semitic derivation, is commonly used in the Bible in Arabic, commonly found in Muslim-majority countries in the Middle East, without Muslim communities ever raising any objections. Even in neighboring Indonesia [where the language Bahasa Indonesia is very similar], the Christian God is called 'Allah,'" Fr. Paolo Nicelli, PIME, Islamologist and expert on Malaysian affairs, told Agenzia Fides. "Thus, it seems that the goal is to block Christian publications and their circulation in the Malaysian society, as was done with 'The Herald,'" continued the missionary.
Fr. Nicelli emphasized that "in Malaysia there is a juridical misunderstanding: Islam is the state religion and the Constitution guarantees, in Art. 11, freedom of religion and the right for every citizen to profess their belief. However, there are named exceptions: the state can control (and thus limit) the spread of other religious doctrines among Muslims. And other religions cannot conduct proselytism among Muslim faithful. So, religious minorities are in a difficult situation. They are not persecuted, but they are heavily discriminated against. They undergo a social and legal pressure that denies equal opportunity. The non-Muslim citizens, for example, are penalized in the process for a career in public administration.” Moreover, on a religious plain, “foreign missionaries cannot enter the country and even the priestly ordinations are limited.” The requirements have also affected devout Hindus, who have been denied entry permits for ministers of the Sanskrit liturgy from India.
This practice creates discontent in the minority who have, as a last resort, the judicial process. However, even this is often tortuous and useless. "Demanding one's rights, including in the courts, is very tiring and difficult," notes Fr. Nicelli. "In fact, the legal system is another form of pressure: several lawsuits brought by Christians and members of other religions to the Malaysian courts often do not find adequate solutions to their desire for justice. This is because in Malaysia there is a 'double track' judicial system: civil courts, with three levels of courts (High Court, Court of Appeals, Federal Supreme Court) and the Islamic Courts. Often the civil courts declare themselves incompetent to judge religious matters and refer the cases to Islamic Courts, which are only for Muslim citizens. It creates, therefore, a vicious circle with no escape. This was what occurred in the case of Lina Joy, a Muslim Malay woman who converted to Christianity and wanted to change the religious status on their identity cards. Her judicial appeal, after a long time and discussions, has failed. This situation discourages Christians in standing up for their rights." (PA) (Agenzia Fides 13/01/2010)


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