A Hidden Treasure Of The Federal Constitution

Studying the case of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor, I came across an Article of the Federal Constitution of Malaysia that attracts my attention.

The Article is Article 76, which explains about “the power of Parliament to legislate for states in certain cases”.

Clause 2 of Article 76 or Article 76(2) says:

(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.

Paragraph (a) of Clause (1),

Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say— for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member

This Article is interesting because it says that in matters related to the “Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak”, no laws shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.

Hence, I think that the Yang di-Pertuan Agong and the Sultans as the heads of states, have the rights to give the final says in the making of laws regarding these important matters and not the parliament.

This Article is precisely harmonious with Article 3 that says the Rulers are the Head of the religion of Islam in their respective states and Yang di-Pertuan Agong as the Head of the religion of Islam in that states without Sultan, and Article 153 where the Yang di-Pertuan Agong “shall exercise his functions under this Constitution and federal law in such manner as may be necessary  to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak”.

The human rights activists are lobbying the United Nations Human Rights Council (UNHRC) to force the government of Malaysia to sign and to fully ratify some treaties and conventions that are against the teaching of Islam, the State laws, the Federal Constitution and the National Principals of Malaysia such as Article 18 of ICCPR, Article 14 of CRC, SOGI, and ICERD.

Can the parliament enact new laws to nullify the State laws regarding the matter?

I think it is the States and not the parliament that have the power to enact new laws in order to ratify the conventions because the enforcement of Islamic law on Muslim citizens is decided independently by each state.

The judgments by the Federal Court in the case of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor and the case of Negeri Sembilan’s transgenders supported these facts.

Video Kak Wan Naik Train Ada Toll

PKR President, Datin Seri Wan Azizah Wan Ismail was interviewed by a reporter after the 2016 Budget at the Parliament last Friday.

In a video that was shared via social media, the reporter asked Wan Azizah in Malay if the free toll Pan Borneo is a way (for the government) to buy vote in Sarawak and to everyone’s surprise, Wan Azizah thought that Pan Borneo is something to do with train or railroad when it is actually a new highway in East Malaysia.

How can she, as the opposition leader does not know what is Pan Borneo when the highway is a big project?

And the opposition leaders think that she can lead our country better than PM Najib?

Now, that is even funnier 😀

BLACK 505: Photos Of Black 505 Demonstrators At The Parliament

Photo from AAKJ

BLACK 505 demonstrators walked to the Malaysian parliament this morning to stage another illegal demonstration over there, ahead of the swearing-in ceremony of Members of Parliament today.

Please read: BLACKOUT 505: Photos That Raises Lots Of Questions

BLACK 505 is organised by the Malaysian opposition parties.

They were led by a PKR leader Badrul Hisham Shaharin or Chegubard and Hariss Ibrahim.

Police personnel have refrained from any violence, apart from pushing those trying to break the barrier to the ground.

Anyway, the demonstrators tried to breach the barrier formed by police personnel in front of Parliament, resulting in scuffles with the police.

Blogger AAKJ reported that a police officer was injured when he was punched by the demonstrators.

The police officer who was injured by the violent demonstrators.

At least 25 of the demonstrators had been arrested.

From the photos, I can see that the demonstrators are Malay.

They should be ashamed of themselves because their actions are against the teaching of Islam and the Malay values.

They are not kids any more and they must stop behaving like spoilt kids who love to throw tantrums even in the public places.

There is no fool like an old fool!

Their action are against the Malay values. Photo credit to Melanau Blogger

They should be ashamed of themselves! Photo credit to Melanau Blogger

They must learn to behave like respectful adults. Photo credit to Melanau Blogger

Photo credit to Generasi Pejuang Bangsa

Opposition leaders should teach their supporters good values and good manners!

Say NO! to BLACK 505 and the Pakatan Rakyat!

Related Articles:

  Himpunan BLACKOUT 505: A “Peaceful Demonstration”?

  Black 505: Video Keganasan Di Padang Merbok

  BLACKOUT 505: Photos That Raises Lots Of Questions

Malaysian Parliament Is Now Dissolved

The Malaysian Parliament is dissolved today, April 3, 2013 at 11:30 a.m. just now.

Meeting YB Dato’ Zulkifli Noordin

I(R) was very excited to meet one of my favourite politician, Uncle Zulkifli Noordin(L).

During SEMAIAN, my big sister Kashah and I spoke to one of our favourite politician, YB Dato’ Zulkifli Noordin, an Independent Member of Parliament for Kulim – Bandar Baharu, Kedah.

When he was still a PKR MP, Uncle Zul went against the opposition’s stands on “Allah” issue; just like what Uncle Nasharudin Mat Isa is doing now.

Even though I often saw Uncle Zul Noordin at other MUAFAKAT‘s programs, this is the first time I spoke to him.

I was very excited to have the chance to speak to one of my favourite politician, Uncle Dato’ Zulkifli Noordin.

It was so wonderful talking to him for he is very nice and very friendly.

I was so excited meeting him that I forget all the questions that I wanted to ask him.

It was something like how I felt the day I met Datuk Seri Anwar Ibrahim on May 23, 2010.

Well, at the time I was a big fan of Anwar but not anymore after I heard his March 18, 2010’s speech at the London School Of Economics on YouTube .

Uncle Zul said that when he was studying in New Zealand, Uncle Zul met a man who gave him advices that made him a better person.

And that day, Uncle Zul advised me to always tell the truth, no matter what and stand for the truth.

While we were talking, AntaraPos’s reporters came to interview him.

Uncle and aunties from AntaraPos interviewing Uncle Dato’ Zulkifli Noordin.

After the interview, I asked Uncle Zul for an autograph.

Uncle Zul(L) wrote wise words in my autograph while I(R) looked on.

Uncle Zul also gave me his business card and that made me feel so proud.

I wish I can talk to Uncle Zulkifli Noordin again and this time I’m going to ask him some questions.

I am so happy and thankful to be able speak to a lot of wonderful people. 

Is Malaysia A Secular State?

No, Malaysia is not a secular state.

The Minister in the Prime Minister Department (Law and Parliamentary Affairs), YB Dato’ Seri Nazri Aziz made that statement at the parliament yesterday.

He said that Malaysia has never been declared a secular nation despite having secular laws.

“Under the Federal Constitution, there is no mention of the word secular in it,” he said when replying a question raised John Fernandez (DAP-Seremban) at the parliament on Monday.

Referring to Article 3 (1) of the Federal Constitution, Nazri also said that the position of Islam as a federal religion was also noted in several provisions under the Constitution which included the development and spread of Islam amongst the Muslim community and that civil courts have no jurisdiction over the powers of the Syariah courts. 

“There is also the oath taken by the Agong under Schedule Four to preserve Islam at all times,” he added.

Based on Article 162 of the Constitution, Nazri noted the 1988 Supreme Court’s decision in Che Omar did not declare the country as a secular nation although secular laws were used.

He also noted the words used in context of Article 162 referred to laws that were passed prior to Independence and were stated as ‘existing laws’ rather than ‘secular laws’.

So, is Malaysia a secular state?

Uncle Mahamad Naser Disa had spoken about this matter a lot of times and so did Uncle Azril Mohd Amin.

Like Nazri’s statements, they said that Malaysia is not a secular state for the reasons as given by the minister.

They always remind us about Article 3 (1) of the Federal Constitution that says that: 

” Islam is the religion of the Federation”

It is very funny when DAP and PAS of Pakatan Rakyat always say that Malaysia is a secular state when Malaysia is not.

I think PR leaders would not accept the fact given by Nazri and would be looking for reasons to spin the facts and prove that they are right.

I wonder why?