JAKIM Subverts the Constitution yet again

Introduction

Once again, JAKIM and its organs decides to come up with a policy that completely perverts the Constitution. This time it is an updated entertainment guideline that was approved by the 107^th Convention of the National Fatwa Committee (“Guideline”). I write this article to elucidate the powers of the Islamic agencies and how the Guideline goes way beyond such power.

Nature of our Constitution

It is just appalling on how certain quarters just can’t accept the fact that our Constitution is secular in nature. The Reid Commission Report of 1956-57, the White Paper 1957, the Cobbold Commission Report 1962 and even the Supreme Court has confirmed this.

Powers of the Islamic bodies

The State List under the 9^th Schedule of the Constitution very clear states that States have the power to enact Islamic law, which is applicable only to ‘persons professing the religion of Islam’. Each State has their own respective Islamic Religious Council and Fatwa Committee. What is clear is the Islamic bodies under the Federal and State government can only exercise their limited powers on Muslims. Their power does not even extend to companies or corporations that are wholly owned by Muslim persons. ‘Persons’ here only refers to natural persons.

The Guidelines

Now, these Guidelines are far ranging at are aimed at all events organised for the general public. Audiences for these events would obviously include non-Muslims. In the upshot, the Guidelines would severely affect the rights on non-Muslims. JAKIM nor the Fatwa Committee has the power to interfere with the rights of non-Muslims.

Let’s use night clubs as an example. The establishment of such outlets are legal and non-Muslims are allowed to do whatever they want as long as it is within the purview of the law. Muslims on the hand, may have their access into such clubs restricted by the Islamic authorities. Now let’s apply the logic behind the Guidelines on night clubs. It is akin to banning the establishment of night clubs all together since it violates Islamic principles.

What the Islamic agencies can do, at most, is to restrict the access of Muslims into events that violate Islamic principles within the framework of the Constitution. Such a move would require new provisions in the various State Islamic Enactments or an issuance of a Fatwa by the National or State Fatwa Committees. The Islamic agencies have no right what so ever to interfere with the legitimate rights of non-Muslim to such entertainment.

Conclusion

The Director-General of JAKIM did concede that the Guideline is not binding as it is not an official Fatwa. However, it is illegal as JAKIM is clearly trying to subtly enforce it. It is really sad to see this country heading in a direction that is completely at odds with the Constitution. The Constitution is the supreme law of this land, nothing stands above it, everything stands below it.