Malay nationalism, Islamic supremacy and the constitutional bargain in the multi-ethnic composition of Malaysia

International Journal on Minority and Group Rights

Volumn 13, Issue 1, 2006, Pages 95-118

  Neo, Jaclyn Ling Chien ^a  

^a NATIONAL UNIVERSITY OF SINGAPORE   (Singapore)

Author keywords

[No Author keywords available]

Indexed keywords

ETHNIC GROUP; ISLAMISM; NATIONALISM;

ASIA; EURASIA; MALAYSIA; SOUTHEAST ASIA;

EID: 33746198147     PISSN: 13854879     EISSN: 15718115     Source Type: Journal    
DOI: 10.1163/157181106777069950     Document Type: Article

References (132)

1. This breakdown was stated by the Abdullah Badawi in keynote address 'The Challenges of Multireligious, Multiethnic and Multicultural Societies', at the Asia Media Summit held at Hotel Nikko, Kuala Lumpur on 19 April 2004. The full speech is available on the Prime Minister's Office website: www.pmo.gov.my, visited on 18 June 2005; typically, statistics from the Department of Statistics present the figures classified under Bumiputera, combining the figures for the Malays and other indigenous people. See Press Statement: Population Distribution and Basic Demographic Characteristics Report: Population and Housing Census 2000, Putrajaya, 6 November 2001, Department of Statistics Malaysia, www.statistics.gov.my/English/frameset_pressdemo.php, visited on 17 June 2005: Of the total population of Malaysia in Census 2000, about 21,890 thousand or 94.1 percent were Malaysian citizens. Of the total Malaysian citizens, Bumiputera comprised 65.1 percent, Chinese 26.0 percent and Indians 7.7 percent, the ethnic composition being 60.6 percent, 28.1 percent and 7.9 percent respectively in 1991.
2. Laws of Malaysia: Federal Constitution (Malaysia: MDC Publishers Sdn Bhd, 2003); available online at confinder.richmond.edu/ locall̄aysia.html, visited on 14 November 2005.
3. H. P. Lee, 'Constitutional Amendments in Malaysia', 18 Malaya Law Review (1976) p. 59.
4. Press Statement, Department of Statistics Malaysia, Population Distribution and Basic Demographic Characteristics Report: Population and Housing Census 2000 (Nov. 6, 2001), available at www.statistics.gov.my, visited on 14 June 2005.
5. H. Mutalib, From Revivalism to Islamic State (Singapore University Press, Singapore, 1993) pp. 17-19.
6. The British proposal included disbanding the Straits Settlement (composing Penang, Singapore and Malacca) and uniting the federated and non-federated Malay States under a central government known as the Malayan Union. Singapore would remain as a separate political entity. The purported objective of the Malayan Union was to devolve British colonial power. In an answer by the Secretary of State for the Colonies to a question in Parliament made on 10 October 1945, the British Government outlined its plans for Malaya: His Majesty's Government have given careful consideration to the future of Malaya and the need to promote the sense of unity and common citizenship which will develop the country's strength and capacity in due course for self-government within the British Commonwealth. Our policy will call for a constitutional Union of Malaya and for the institution of a Malayan citizenship which will give equal citizenship rights to those who can claim Malaya to be their homeland: V. Purcell, 'A Malayan Union: The Proposed New Constitution', 19:1 Pacific Affairs (March, 1946) p. 27.
7. The Chinese had amassed considerable economic wealth during British colonialism and there was unhappiness amongst the Malays over Chinese economic dominance. Although some steps and studies were explored to gradually exchange Malay political power for Chinese economic power, the results were negligible. The main difficulty was that while the Chinese attained economic strength by considerable hard work, business acumen and accumulation of wealth, the Malay political strength in most parts of the Peninsula was largely British created and British operated. What the Malays enjoyed was mostly political privilege and not political power: See J. N. Parmer, 'Constitutional Change in Malaya's Plural Society', 26:10 Far Eastern Survey (October, 1957) p. 146.
8. The Malayan Communist Party had conducted guerrilla warfare against the Japanese occupiers during the war.
9. A. Lau, The Malayan Union Controversy 1942-1948 (Oxford University Press, Singapore, 1991) p. 123, citing Cheah Boon Kheng, Red Star Over Malaya Resistance and Social Conflict During and After the Japanese Occupation, 1941-1946 (Singapore University Press, Singapore, 1983) pp. 232-240.
10. Huang-Thio S.M., 'Constitutional Discrimination under the Malaysian Constitution', 6 Malaya Law Review (1964) p. 1.
11. See 'Note on Citizenship' by A. S. Melville, 3 June 1952, CO1022/174 (25) cited in J. M. Fernando, The Making of the Malayan Constitution, MBRAS Monograph No. 31, (Academe Art and Printing Services Sdn Bhd, Malaysia, 2002) p. 73. Malays, who were the subjects of any of the nine sultans and British subjects in the Penang and Melaka, automatically became Federal citizens, while the other communities could acquire Federal citizenship by application if they were born in the Federation and resident there for eight years. Those born outside the Federation needed to fulfil a residential requirement of 15 years.
12. Parmer, supra note 7, p. 146.
13. The MCP organised a series of killings and economic sabotage.
14. Abdullah Badawi, supra note 1.
15. See Sir D. MacGillivray, 'Malaya - The New Nation', 34:2 International Affairs (1958) p. 159.
16. MacGillivray, ibid., pp. 160-161.
17. Fernando, supra note 11, p. 29.
18. The UMNO-MCA alliance won nine out of the 12 seats in the February 1952 Municipal Council elections
19. Lee, supra note 3, p. 62.
20. The Alliance had insisted that Malaysia's post-independence constitution be drawn up by an independent commission consisting of members drawn entirely from outside Malaysia. The rulers, however, were opposed to this and this caused a further rift between the rulers and UMNO. The Alliance's electoral success however necessitated a new willingness to reach compromise on the part of the rulers and the rulers agreed to accept the appointment of an independent constitutional commission drawn from outside Malaya, on the condition that one of the commission's terms of reference would make provision for the "safeguarding of the position and prestige of Their Highnesses as Constitutional Rulers of their respective States": See S. C. Smith, British Relations with the Malay Rulers from Decentralization to Malayan Independence 1930-1957 (Oxford University Press, Kuala Lumpur, 1995) pp. 185-191.
21. Lee, supra note 3, p. 63, citing paragraph 14 at page 4 of the Reid Commission Report.
22. Fernando, supra note 11, p. 68.
23. Fernando, supra note 11, pp. 87-88 and 165: Although there was pressure from the Chinese guilds and associations as well as radicals within the party on the MCA leaders to seek official status for Mandarin, this was eventually abandoned as this would have jeopardised the partnership with UMNO, whose moderate leadership themselves were constrained by radical nationalistic elements within the organisation.
24. A protective clause which states "[n]othing in this article shall empower the Parliament to restrict or control any trade or business just for the sake of creating quotas for alays" was added to the Constitution.
25. An initial agreement within the Alliance for the privileges to be removed 15 years from independence was scuttled by protests from the Malays and changed to the ambiguous provision that the privileges would be reviewed from time to time.
26. Federal Constitution (Amendment) Act 1988, Akta A 704; see also A. Ibrahim, 'Amendments to Article 121 of the Federal Constitution: Its Effect on the Administration of Islamic Law', 2 Malayan Law Journal (1989) xvii.
27. Salleh Abas LP in Che Omar Bin Che Soh v. PP [1988] 2 Malayan Law Journal 55 (hereinafter "Che Omar") citing MB Hooker, Islamic Law in South-east Asia, 1984.
28. Local customary laws which predate Islamic laws in the country.
29. G. P. Means, 'The Role of Islam in the Political Development of Malaysia', 1:2 Comparative Politics (1969) pp. 267-269: Each village had an imam to perform Muslim rites but also continued to employ other spiritual functionaries like the bomoh and pawang who practised magical-religious mysteries and spells to control spirits that brought health and fortune or illness and calamity to the villagers. Royal ceremonies reveal Hindu influences although Muslim prayers were conducted in some rituals. Islam was a state religion largely in symbolic form.
30. B. Haji Salleh, 'A History of Pre-Syariah Enactments in Malaysia' in Maznah Mohamad (ed), Muslim Women and Access to Justice (Women's Crisis Centre, Malaysia, 2000) p. 16.
31. The text of the first of such treaty, The Pangkor Engagement, cited in Means, supra note 29, p. 274.
32. This committee was charged with interpreting Islamic law.
33. Means, supra note 29, p. 274.
34. Ibid., p. 275.
35. Ibid.
36. Haji Salleh, supra note 30, p. 16.
37. Parmer, supra note 7, p. 148.
38. Parmer, supra note 7, p. 148; officially, the Commission cited the request of the Malay rulers to retain religion as a State matter, in not acceding to the Alliance's proposal: Fernando, supra note 11, pp. 129-130.
39. Fernando, supra note 11, pp. 162-163; see also Parmer, supra note 7, p. 149.
40. Fernando, supra note 11, p. 162.
41. Dr. A. J. Harding, 'Islam and Public Law in Malaysia: Some Reflections in the Aftermath of Susie Teoh's case', 1 Malayan Law Journal (1991) xci; Fernando, supra note 11, p. 162.
42. Che Omar Bin Che Soh v. PP, supra note 27.
43. F. R. von der Mehden, 'Religion and Politics in Malaya', 3:12 Asian Survey (1963) pp. 609-615, quoting Straits Times, 1 May 1959.
44. Der Mehden, supra note 43, pp. 610 and 612.
45. Mutalib, supra note 5, pp. 17-19.
46. PMIP changed its name in 1971 to PAS.
47. Der Mehden, supra note 43, pp. 610 and 612.
48. Ibid.
49. Scholars have attributed Muslim revulsion against the West consequent to the Arab-Israel wars of 1967 and 1973, and the Islamic revolution in Iran in 1979, amongst others. To be sure, this movement in the 1970s was not unprecedented, since Muslims have gone through different forms and phases of Islamic revivalism since its inception. Mutalib, supra note 5, pp. 6-7.
50. Mutalib, supra note 5, pp. 6-7: Muslim reformers impressed upon the masses that the preservation of Islamic identity could only be achieved through independence of the country and an appreciation of the past grandeur of the Muslim people and civilization. Such a sentiment invariably leads to the rebirth of Islamic consciousness particularly amongst the Muslim intelligentsia, a consciousness which endured through the post-war emergence of a host of newly independent Muslim states in Asia and Africa.
51. Mutalib, supra note 5, pp. 27-29.
52. Many key leaders in Partai Islam Se-malaysia (PAS) were educated in Middle Eastern universities, in particular Al-Azhar University.
53. R. Kershaw, 'Islam: Facing Two Ways with Dr Mahathir (Part I)', Contemporary Review; 1 January 2004, , visited on 28 June 2005.
54. Mutalib, supra note 5, pp. 34-36.
55. The Malay acronym PAS, reflects the 'Jawi' or Arabic-script letters Pa-Alif-Sin.
56. A. J. Langlois, The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory (Cambridge University Press, New York, 2001) p. 15.
57. PAS was previously Pan-Malayan Islamic Party or PMIP which had previously advocated an Islamic state during independence.
58. 'Malaysian voters promised heaven', 7 March 2004, AlJazeera Net, online , visited on 3 November 2005.
59. PAS managed to wrestle control over the rural north-eastern state of Terengganu by riding the wave of discontent arising from the controversial trial, conviction and imprisonment of the former Deputy Prime Minister, Anwar Ibrahim in 1998-1999: See 'The Religion Report: Religious Politics in Malaysia' (Transcript of radio broadcast), Australian Broadcasting Corporation, 12 May 2001, , visited on 20 March 2004. However, its Islamicisation programme appears to have backfired as it lost Terengganu in the 2004 elections and received a lower percentage of the votes in Kelantan.
60. A. Netto, 'Mahathir's Victory is not so Sweet', Asia Times Online (Hong Kong), 1 December 1999, at , visited on 20 March 2004.
61. R. Rasul, 'Waulaupun merdeka Umno lambat fahami perjuangan Islam', Harakahdaily (Malaysia), 15 August 2002, , visited on 13 August 2005; K. Mahmood, 'Interview: Abdul Hadi Awang, Terengganu Chief Minister', Islam Online, 25 June 2001, , visited on 20 March 2004.
62. 'Malaysian State Passes Islamic Law', BBC News World Edition (Asia-Pacific), 8 July 2002, , visited on 20 March 2004; 'Malaysia ruling party to keep moderate Islamic stance: Premier', Kyodo World News Service, 23 September 2004 , visited on 28 June 2005.
63. PAS claims that it will impose the hudud and qisas laws to non-Muslims in the state "when every citizen understands them". The Mentri Besar Datuk Seri Abdul Hadi Awang said when winding up the twoday debate on the Bill, "[f]or now, it will apply to only Muslims but when the time comes, the hudud and qisas laws will be extended to all non-Muslims" from Mustafa Kamal Basri, 'Terengganu says Islamic laws will eventually cover non-Muslims', National Human Rights Society, 9 July 2002, , visited on 25 November 2005.
64. S.W. Cheong, 'Promises, Promises; but can either Side Deliver? That's the Real Issue Facing Voters', Straits Times (Singapore), 17 March 2004, , visited on 20 March 2004.
65. 'Malaysian State Passes Islamic Law', supra note 62.
66. 'Lawyer files petition challenging Kelantan's Hudud Law', Malaysia General News, 8 August 2002, , visited on 7 June 2003.
67. Islamic laws.
68. PAS accuses UMNO of emphasising materialism in pursuing economic development, and this would lead to the destruction of human spirituality: Rasul, supra note 61.
69. S. Narayanan, 'Idol differences', The Electric New Paper, (Singapore), 19 September 2004, , quoting Mr Mahfuz Omar, a senior PAS official.
70. A public debate was created by the Prime Minister's statement and most Muslims welcomed the declaration that Malaysia was an Islamic state since it enabled them to fend off PAS. The Prime Minister stated that Malaysia can be an Islamic nation even though hudud laws are not implemented. See 'Recovery Will Be Smooth', New Straits Times (Malaysia), 22 June 2001, p. 10; 'Malaysia Recognised as Islamic Nation', New Straits Times (Malaysia), 11 August 2001, p. 4; 'Islamic State Issue Dominates', New Straits Times (Malaysia), 27 October 2001, p. 6; 'Still Much Talk Over Country's Islamic Status', New Straits Times (Malaysia), 26 October 2001, p. 8; 'Freedom of Religion Will Not Be Curtailed', New Straits Times (Singapore), 25 November 2001, p. 2.
71. Hussin Mutalib notes that besides attempting to outwit PAS in their legitimacy quest for Malay-Muslim votes, Mahathir's policies in favour of Islam are also due to his desire to identify Malaysia with the Muslim bloc, particularly through the Organisation of Islamic Countries (OIC), and solidarity with Muslims worldwide and there was a major shift in Malaysia's foreign policy under Mahathir, from alignment with the West to the Islamic Middle East and Asia: Mutalib, supra note 5, p. 32.
72. This is due to the separation of powers between state and Federal government under the Federal structure.
73. Section 1, List II: State List, Ninth Schedule, FC: "Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy guardianship, gifts, partitions and non-charitable trusts; Wakafs and the definition and regulation of charitable and religious endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs. Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah Courts, which shall have jurisdiction only over person professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine Malay custom."
74. This has produced four legal schools of thought, Hanafi, Maliki, Shafie, and Hanbali, which offer varying interpretations of Islamic law (hukum syarak): Section 3, Syariah Court Evidence (Federal Territories) Act 1997 (Act 561), as amended in 2005. See B. Desker, 'Islam and Society in Southeast Asia after September 11', Institute of Defence and Strategic Studies Singapore: Working Paper Series, No. 33 (Sep. 2002) p. 2. The Sunni is the largest Islamic sect, encompassing 90 percent of all Muslims.
75. F. S. Shuaib, Powers and Jurisdiction of Syariah Courts in Malaysia (Malayan Law Journal, Kuala Lumpur, 2003) p. 94.
76. E.g., Section 130(2) of the Syariah Court Evidence (Federal Territories) Act 1997 (Act 561).
77. E.g., Section 245(1), Syariah Court Civil Procedure 1999 (Selangor) provides: "Any provisions or interpretation of the provisions under this Enactment which are inconsistent with Islamic Law shall, to the extent of the inconsistency be void."
78. Shuaib, supra note 75, p. 43.
79. E.g., Administration of Islamic Law (Federal Territories) Act 1993 Section 34(2); Administration of Islamic Law Enactment 1989 (Selangor) Section 31(2).
80. See the Selangor Administration of Islamic Law Enactment, 1989 (No. 2 of 1989), as amended by enactment 2 of 1991; Enakmen Pentadbiran Hukum Syarak Melaka 1991 (No. 2 of 1991); Administration of Islamic Law (Federal Territories Act), 1993 (Act 505); Perak Administration of Islamic Law Enactment, 1992 (No. 2 of 1992); Sabah Administration of Islamic Law Enactment, 1992 (No. 3 of 1992); Penang Administration of Islamic Religions Affairs Enactment, 1993 (No. 7 of 1993).
81. The Council of Muslim Religion is the general body responsible for the administration of the Islamic religion: Ahmad Mohamed Ibrahim and Abdul Monir Yaacob (eds.), The Administration of Islamic Laws, (Institute of Islamic Understanding Malaysia, Kuala Lumpur, 1997) p. 10.
82. The Mufti is the chief authority in Islamic law, after the Head of the Religion of Islam in a state or the Federal Territories. His function is to aid and advise the ruler in respect of all matters of Islamic law. He is also empowered to issue fatwas, which is a formal legal opinion on Islamic matters: See Shuaib, supra note 75, pp. 43-44.
83. Shuaib, supra note 75, p. 50.
84. The religious officers took them to a nearby police station where the trio became the first Malaysians to be charged with indecent exposure for taking part in a beauty contest. Two weeks later they were found guilty and fined 400 ringgit each: R. Mitton, 'Islam Calling: A compulsory course and a beauty contest ban worry non-Muslim', Asiaweek, 18 July 1997 , visited on 18 August 2005.
85. 'Muslim brothers to be caned for drinking alcohol', 15 June 2005, Malaysiakini (Malaysia) , visited on 17 June 2005. In June 2005, the Kuantan Syariah Court reportedly sentenced two Muslim brothers, who were arrested by Pahang Islamic Religious Department officers for drinking stout at a restaurant, to six strokes of the cane and fined them RM 5,000 each for drinking alcohol. Pahang is normally seen as a moderate state compared to its more conservative northern neighbours. Syariah Court judge Abdul Rahman Yunus said his ruling was intended to remind Muslims not to drink alcohol, which is forbidden by Islam. This is believed to be the first time a penalty was ordered against Muslims caught drinking.
86. Z. Anwar, 'Modern, and Moderate, Islam', AsiaWeek, 16 September 1997, , visited on 27 November 2005.
87. Mitton, supra note 84: A ministerial aide was quoted on the arrests, saying "[y]ou know how some leading figures behave in this town - the mistresses, the nightlife, the drinking. Then they go after these girls. The double standard is appalling."
88. Article 153(2), (6) and (8A).
89. Huang-Thio, supra note 10, p. 13.
90. Dr M. Mohamad, Malays Forget Easily (Pelanduk Publications, Malaysia, 2001) p. 20.
91. Note that in May 2001, there was even a suggestion by a leading Malay newspaper, Berita Harian, pursuant to suggestions by various parties including academics, that the Bumiputera varsity intake quota be increased from the current 55 percent to 66.1 percent to reflect the current population demographic. In response, the then Education Minister, Tan Sri Musa Mohamad agreed that such a suggestion may be implemented but that the idea needed to have the input and views of all parties, especially non-Bumiputera who stand to lose out if such a system was implemented: A. R. Ahmad, 'Musa on idea to raise Bumi intake quota', New Straits Times (Malaysia), 11 May 2001, , visited on 15 June 2005.
92. One Malay journalist wrote, "[w]ith the university population said to be increasingly polarised along ethnic lines and partisan stances in politics among the Malay students becoming the rule rather than the exception, one wonders if the pursuit of academic excellence and the intellectual tradition in our universities are as good as dead": A. Kadir Jasin, 'Of quotas and the hornets' nest', New Straits Times (Malaysia), 13 May 2001 , visited on 15 June 2005. In one incident, the Ministry of Education was compelled by the Prime Minister to release unfilled university places reserved for bumiputera to the non-bumiputera. The Ministry later recanted and claimed that there was an accounting error and those places were actually filled. Chinese columnists accused officials of racism, bitterly charging that it was "absurd that the Education Ministry has 'given birth' to extra students overnight to fill the quota. We all know in our hearts where their motivation lies."92 One columnist wrote in a news analysis in Sin Chew J it Poh, "[t]heir mentality is: We just will not give it to you, so what can you do?": L. Lau, 'Controversy over unfilled quotas', The Straits Times (Singapore), 10 May 2001, , visited on 26 November 2005.
93. Mutalib, supra note 5, p. 33. Note however that there is criticism that the Malays are abandoning their Malay culture, which contained non-Muslim influences like Hinduism, in favour of copying all things Arabic: J. Kent, 'Malaysian Malays cast adrift by clash of cultures', Straits Times (Singapore), 13 August 2005, p. S16.
94. For an interesting overview of key civil rights challenges in 1980s Malaysia, see K. S. Kua, The Malaysian Civil Rights Movement (SIRD, Petaling Jaya, Malaysia, 2005).
95. Che Omar, supra note 27.
96. Che Omar, supra note 27.
97. [2000] 5 Malayan Law Journal p. 375 (hereinafter 'Meor Atiqulrahman').
98. Meor Atiqulrahman, ibid., p. 382. English translation by the author; this judgment was written solely in Malay and only the headnote was translated to English. The headnote did not sufficiently show the judge's views on Article 3.
99. Meor Atiqulrahman, ibid., p. 386. English translation by the author.
100. Meor, ibid., at p. 384H.
101. Fatimah binti Siti & Ors v. Meor Atiqulrahman & Ors [2004] Malayan Law Journal. The case involves the plaintiffs' expulsion from school for wearing serbans in school. The plaintiffs, three schoolchildren aged eight to 11, sought a court order declaring that their expulsion from school was void, null and of no effect and they should be accepted back to the school. The defendants contended that the plaintiffs were properly dismissed from school for contravening school rules prohibiting the wearing of serban in school. The High Court held, inter alia, that to forbid Muslims to wear the serban is contrary to Articles 3 and 11 of the Constitution and the expulsion was therefore null and void.
102. Section 102(1): Tiada seorangpun yang telah diakui beragama Islam boleh mengaku bahawa dia bukan Islam melainkan setelah Mahkamah memberi pengesahan sedemikian. (translated as "no person who professes the Islamic religion can declare that he is no longer a Muslim unless the Syariah Court gives such approval").
103. See for example, Section 102(3) of Enactment 4/1994 of the state of Kelantan (Enakmen Majlis Agama Islam dan Adat Istiadat Melayu Kelantan) which provides that if a Muslim intentionally attempts by his speech or conduct to convert out of Islam, the Syariah Court may order the detention of that person at the Islamic Education Centre for a period of not more than 36 months with the aim of education and that person is required to repent according to Hukum Syarak (Islamic law) see Daud bin Mamat & Ors v. Majlis Agama Islam & Anor [2001] 2 Malayan Law Journal 390.
104. Section 13, Administration of Islamic Law Enactment Perak provides that the offence of Muslim apostasy is punishable with either a RM 2000 fine or up to two years imprisonment: See Mad Yaacob bin Ismail v. Kerajaan Negeri Kelantan [2001] 6 Malayan Law Journal 179.
105. 'Court Rejects Muslim Convert's Apostasy Bid', New Straits Times (Malaysia), 22 November 2005, , visited on 27 November 2005.
106. Daud bin Mamat, supra note 103.
107. [2002] 3 Malayan Law Journal 657.
108. [2004] 2 Malayan Law Journal 119; this judgment of 18 April 2001 was only reported in 2004.
109. Means, supra note 29, p. 280.
110. C. Hong, 'Condo in KL for Malays only', Straits Times (Singapore), 9 May 2005, p. 11.
111. A. Anadarajah et al., 'Hijacked by Religious Bigots!', New Straits Times: Life and Times (Malaysia) 22 January 2003, p. 5.
112. See F. Abu Bakar, 'Battling Our Shadows', New Straits Times (Malaysia), 3 July 2000, p. 1.
113. These charges were later dropped.
114. S. Amry and S. Nelson, 'Parting ways of closed minds', New Straits Times: Life and Times (Malaysia), 22 January 2003, p. 1.
115. PAS's main ally, the National People Justice Party (PKR), an ethnic Malay-dominated party that tried hard to portray itself as multiethnic, has distanced itself from PAS's ambitious vision of an Islamic state: 'Malaysian Opposition faces Brickbats over Islamic State Plan', Kyodo World News Service, 13 November 2003 , visited on 28 June 2005.
116. PAS also proposed to make it compulsory for Muslim women to wear head scarves and loose dresses to office: 'Malaysia Plans Mini-skirt Ban', CNN.Com, 5 January 2005, , visited on 5 January 2005; KL blasts PAS' dresscode proposal', Straits Times (Singapore) 12 March 2005, p. 32.
117. R. Mitton, 'Return to Islam: Is an Opposition Party turning Kelantan State into a little Iran?', Asiaweek, Week of 7 June 1996 , visited on 3 November 2005.
118. [2004] 2 Malayan Law Journal 648.
119. Shamala a/p Sathiyaseelan v. Dr Jeyaganesh a/l C Mogarajah [2004] 2 Malayan Law Journal 241.
120. Meor Atiqulrahman, supra note 97, p. 386 (translation from Malay by author).
121. 'Muslims Fight Plan to Build Church in their Estate', Straits Times, 5 March 2005, p. 26: A thousand Muslim residents of Bukit Mewah in Kajang submitted a petition to the Kajang Municipal Council to stop plans to relocate St. Katherine's Anglican Church in their estate. Approvals to build mosques in Kepong, Selangor have also been withdrawn after protests by residents that the place has few Muslims UMNO Youth's Religious Affairs Bureau chief Shamsul Najmi was quoted as saying, "[p]rotests to build a place of worship should not be seen as stepping on the rights of others. It should be seen as part of the process of give-and-take in our country."
122. Non-Christians were apparently rooted out of ticket line by checking identification cards which identify whether a person is a Muslim: J. Sadiq, '"The Passion" premieres in Malaysia, Piracy Thrives', Reuters, 12 August 2004, archived at , visited on 12 August 2005.
123. 'Christmas without Jesus in Malaysia', AsiaNews, 14 December 2004; S. Ahmad, 'Christmas and the multicultural riddle', 24 December 2004, Malaysiakini (Malaysia), , visited on 1 March 2005.
124. S. Darshni, 'Discussions on Need for Interfaith Panel', 22 Feb 2005, New Straits Times (Malaysia),visited on 1 March 2005; S. Darshni, 'Need to Identify Common Values', 25 FebNew Straits Times (Malaysia), , visited on 1 March 2005.
125. M. Syehd Yusof and A. F. Othman, 'Commission Idea Dropped', 26 February 2005, New Straits Times (Malaysia), , visited on 1 March 2005; 'Respect Feelings of Muslims', 25 February 2005, New Straits Times (Malaysia), , visited on 1 March 2005.
126. The proposal for the Interfaith Commission was made by the Bar Council in 2000. Earlier attempts to include Islamic groups were not well received: 'Discussion begins on interfaith commission', 24 February 2005, New Straits Times (Malaysia), , visited on 1 March 2005.
127. Note for example the attitude of the judge in Meor Atiqulrahman, supra note 97, who sees Islam as superior to all other religions.
128. Baradan Kuppusamy, 'Malaysia: Independence Day Observed as Melting Pot Boils', Inter Press Service: English News Wire, 31 August 2005, , visited on 21 January 2006.
129. R. Ismail and R. Pakiam, 'Values of our youth', New Straits Times (Malaysia), 31 January 2005 , visited on 28 June 2005. The poll was conducted by Merdeka Centre for Opinion Research, which tracks public opinions regularly. It also showed that youths were split down the middle on quotas in universities and privileges for Malays.
130. PAS revealed their plans for an Islamic state of Malaysia in a document 'Islamic State Document' which explained that a PAS-inspired Islamic state would mean the full implementation of the sharia law, including the controversial 'hudud' penal code which allows amputation of limbs for theft, although non-Muslims would be given a choice to choose between sharia law or the English-based secular laws: 'Malaysian Opposition Faces Brickbats over Islamic State Plan', supra note 115.
131. B. Pereira, 'PM Believes in Progressive Islam and One System of Government', New Straits Times (Malaysia), 15 March 2004, , visited on 28 June 2005.
132. The bloodiest ethnic clash between the Chinese and Malays in the history of Malaysia was in 1969.