Part III of III
60. With the abolishment of the immunity of the Rajas from legal action, except when carrying out official duties, it is believed that a Raja will not commit acts that can be charged in courts. With this, the Raja will be honored by the People.
61. The abolishment of the ban applied on Members of Parliament and the Dewans Undangan Negeri by the Sedition Act will prevent the Rajas from committing any act that may attract the criticism of the respective members of the house.
62. The abolishment of the powers to pardon himself will make legal action more effective.
63. The real reason for these amendments is not because the Government or the People want to drag the Rajas to court as they like. The reason is so that the Rajas will constraint themselves from committing acts that can negatively cause legal action. Hence, the Rajas will be respected more.
64. It should be reminded that the respect of the People towards the Raja cannot be determined by laws. With your permission, 'Respect must be earned'. Having laws that scare the People will not bring 'respect'. With the realization that the Rajas can be brought to court, Rajas will certainly avoid committing acts that will cause the people not to respect the Rajas. Hence, the Raja Institution will be better respected and better preserved.
65. To strengthen the efforts to preserve the Rajas and Raja System, any suggestion or exertion to abolish the Raja System is interpreted as sedition and will be charged under the Sedition Act.
Mr. Speaker Sir,
66. I feel very sad that today I am forced to present to the august House a Bill to amend the Constitution that has in some way contaminated the good name of the Rajas and the Raja Institution. With a heavy heart I presented and explained the suggested amendments.
67. That the Government made the decision to amend the Constitution is not without reason. Actually, as I have said, the Government has refrained from making these amendments since the start when we achieved independence. But this approach does not alleviate the situation. On the contrary, the situation became worse.
68. In the end, an incident in which a Raja assaulted a citizen and before this another incident in which the son of a Raja assaulted a citizen. The Government cannot look lightly at such events without jeorpardizing the Government's credibility as responsible leaders.
69. The Government is forced to make a firm stand to protect the People from being oppressed by the Rajas. Certainly, this stand was not made because of these two incidents only. Before this there were many incidents where the Rajas oppressed the People, Rajas broke civil and criminal laws, Rajas misused the money and property of the Government and country, Raja pressuring and oppressing officials.
70. The incident in Johor is only, with your permission, 'the straw that broke the camel's back'. The People's reaction towards these incidents clearly shows that the People no longer accept and 'tolerate' these kind of acts.
Mr. Speaker Sir,
71. There are people that ostensibly wish to give powers to and defend the Rajas when the Raja commit crimes. They try twist the People's thoughts by accusing the Government is trying to abolish the Raja System.
72. I wish to assert that the Barisan Nasional government does not at all suggest to abolish the Raja System. This is clear from the suggested amendments. Any suggestion to abolish the Raja System will be interpreted as sedition and the Government will take action under the Sedition Act upon anyone who suggest or act to abolish the Raja System.
Mr. Speaker Sir,
73. The government is aware that the People, specifically the Malays accept and support the Malay Raja Institution. The accusations that the Government is trying to abolish the Raja System is merely because of political interests. The Government represents the majority of the Malays and other races will abide by the wishes of the People and will not do something that is unpopular.
74. Because it is clear that the majority of the people of all races still wants the Raja System, specifically the Constitutional Monarchy System, the Government will guarantee that this system is protected by the Constitution.
Mr. Speaker Sir,
75. There are parties that opine that the Malay Rajas are needed to protect the Malays. The MacMichael Agreement and the Malayan Union incidents clearly prove that those who are willing and able to protect the Malays are the Malays themselves. If not because they rose up and opposed the Malayan Union, today, the Malays would have been beggars in their own country.
76. The attempts by some parties to scare the Malays towards the amendment are caused by those who wish to use racial sentiments for the interests of their own parties. Their history does not assure us that they are sincere. They are the ones who try to weaken the Malays by breaking up UMNO and working with certain parties that are viewed with suspicion by the Malays.
77. Can merely barring the Rajas from committing crimes cause the Rajas to lose their sovereignty and no longer be Rajas? The opinion that the Rajas can only be Rajas if they are given rights and given privileges to commit crime contravenes the concept of Rajas as the source of law. In the old era in the West, Kings possessed the right to commit crime. For instance, according to the concept, with your permission, 'Droit du seigneur' (right of the Lord) or the Right of the Lord, the King has the right to spend a night with all newlyweds.
78. But in the West, all these rights have been abolished. That is why Western countries that preserve the Monarchy System does not have specific immunity for the Rajas. Even if there is a mention that the King cannot be brought court, it is only a formality. King, Government and the People know if the King commits a crime, he will be brought to court, and he will be removed from his throne. Hence, the Kings in the Western countries will not intentionally commit crime.
79. Although it is clear that the Kings in the West are not immune from legal and non-legal action, the Kings are still Kings. They are respected and admired.
Mr. Speaker Sir,
80. In the British era, the Malay Rajas were not only immune but were also under the orders of the British officials. They can be appointed and removed from the throne. One of MacMichael's threats so that the Rajas would sign the Malayan Union Agreement is they will be removed from the throne if they do not sign the Agreement.
81. In this situation, the Rajas will continue to be Rajas. The People are not demanding the Rajas be dislodged or the Raja System to be abolished although the Rajas handed over the Malay states to the colonialists. Happily I am reminded that at that time the Rajas in Indonesia, India and Pakistan have been rejected by the People who demanded for independence. On the contrary, Malaysians, mainly the Malays and UMNO, have fought to save the Rajas and Raja System.
82. The opposition of the Malays against the Malayan Union is clear because the fortunes of the Malays are in the hands of the Malays. The safety of Malays is not jeopardized with the Malay Rajas who do not have the right to commit crime. There are parties that say the abolishment of the Raja's right to commit crime, the Malays are no longer Malays and that will be the end of the special position of the Malays. This is not true. This is slander. Those who guarantee that the Malays will continue to be Malays and Malay rights are protected are the Malays themselves. They, through their representatives and the Government that they choose, create and implement various activities to protect and fight for the honour of the Malays.
Mr. Speaker Sir,
83. A Raja asked why the Constitutional amendments are related to Islam when the Government does not agree with the implementation of Sharia and Hudud law. According to him, he is ready to accept Islamic law without immunity but is unwilling to accept the country's laws which are not Islamic law.
84. With or without his blessing, the position of the Malay Rajas since Merdeka has been determined by the law, that is the Constitution. These laws also give certain special privileges to the Rajas. Among these privileges is immunity from legal action. If the Rajas were willing to accept the immunity under laws which are not Islamic laws, why is the abolishment of immunity in the same laws are not accepted by the Rajas?
85. In Islam there are two principals that are strongly held by the law. The first is there is no difference among Muslims in enforcement of Islamic laws. Raja and People are the same. The immunity for Rajas contravenes this principle. Rejecting the abolishment of the immunity so that the difference between Raja and People is preserved in the laws does not reflect a strong adherence to Islamic principles.
86. Receiving immunity from laws said to be not Islamic law, but rejecting the abolishment of this immunity in the same laws clash with the allegation that only Islamic law is acceptable.
87. Islam gives much leeway. Islam takes into account all factors and circumstances faced by its believers. Such that even in carrying out religious duties, environment, an individual's health and the current circumstances are considered. Therefore, praying can be made without certain movements, without facing the kiblat, before, after or together, in a congregation or alone. Palestinians, who were driven out by the Zionist Rule, could pray without taking off their shoes. In other religious duties, there is also leeway. Such is with the enforcement of hudud law. The state of the environment and society must be considered. That is the reason why not many countries in which the majority of the residents are Muslims do not establish hudud law. Those who do, also do not fully implement them.
88. The Government does not reject hudud law. The implementation must take into account the situation of the country in which Muslims only make up 56 percent and they are still weak in many fields. The administration who rejects the leeway given by Islam actually does not follow Islamic teaching. Islam does not order Muslims or a Muslim Government to blindly implement Islamic law until one is destroyed. That is why the Prophet asks his followers to go to Habsyah to save himself. That is why the Prophet migrated to Medina to save Islam and the Islamic struggle.
89. If the conditions allow, we will implement hudud law. But while waiting for hudud law to be implemented, we do something against Islamic teaching. Actually, crimes are prohibited by the country's laws and also Islamic laws. Does the said Raja want the freedom to commit crime only because we have not implemented hudud laws that prohibit the same crime?
90. The second principle is there is no immunity in Islam. All laws are the same for all believers. A Raja that wants to be immune from the law certainly opposes this Islamic principle. Mr. Speaker Sir,
91. Finally, I wish to touch on the problems related to advising the Rajas. Like I have mentioned, Rajas must accept the Government's advice. In other countries where the Monarchy System still exists although without specific provision that the Kings must act according to the Government's advice, the Kings never act contrary to the Government's advice. Hence, the relationship between the King and Government who represents the People remains good. More than that, in these countries, these Kings are respected and revered by society.
92. Unfortunately, in Malaysia, although there are provisions that the Rajas should act according to the Government's advice, the Rajas hold on to the interpretation of 'advice' as widely accepted – that is advice can be accepted or rejected. This interpretation is wrong. In this area, there are also some matters that the Rajas consider no advice is required to be given. Hence, many things are done in opposition of the Government that represents the People.
93. The problem faced today is caused by the opinion that Rajas could overstep the People's Government. This deceitful act occurs because advice is ignored. An impasse on this amendment is also caused by the unwillingness of the Rajas to accept advice.
94. If this continues, the Parliamentary Democracy Government can no longer fully and truly exist. This is the reason the Government is bringing these amendments to the House. If this process is challenged, the decision can be brought to court. As a Government that holds firm to, with your permission 'rule of law', we will abide by the decision of the courts. At the same time, this matter should not be seen from the legal angle only. It also has to be seen from a political angle.
95. When the Rajas handed the Malay states to the British, the People took the political action to get back the Malay states and preserved the Raja Institution. Although, from a legal point of view, the People do no have the right to as all agreements are made between the British and the Rajas only, the British honored the People's political action.
96. I hope the Malay Rajas also take the lesson from our country's history, specifically the history of the Malayan Union and accept the political will of the country. Although the signs show that the Malay Rajas accept this amendment, I hope after the amendment is approved by the Dewan Rakyat and Dewan Negara, the Malay Rajas will accept and approve these laws. Malaysiatoday....
Bookmarks