The  decision to use the Sultan of Selangor to make decision with regards to  the incidence of alleged proselytization at the Damansara Utama  Methodist church dinner has set a dangerous precedence because of  several reasons. The people of Malaysia, regardless of the ethnic  background and creed are all directly involved and affected by this  historic case in which the Sultan, as the head of Muslim affairs in  Selangor, make a legal decision on the very sensitive matter.
While  I doubt that the Sultan is truly informed on all aspects, implications,  ramifications and potential repercussions of the case, what has been  done has been done, and we have to proceed to deal with it, possibly for  many years to come. The king may reverse the situation if he rescinds  his ruling but this seems unlikely to happen. So the first question that  needs to be asked is why hasn’t the syariah court given the opportunity  to contribute to the solution of the case? Since the case also involves  non-Muslims, shouldn’t the civil court also be involved? We realize of  course, that it the two courts joined the tussle, it would lead to a  confusion about which law to apply on whom. Should the Muslims be dealt  with with syariah law and the Christians be dealt with by applying civil  law? But how would one settle the case with two laws clashing on a case  that could potentially result in differing judgments made on two  different parties, or both parties becoming affected by ruling of laws  that shouldn’t apply to them? It would be a classic case of religious  rights and freedom in which two irreconciliable laws try to dominate  without any acceptable resolution! All it would do would be to cause an  international embarrassment and shame to the country’s ridiculous  two-layered legal system!
So  now we have a situation in which the Sultan has been used as an  instrument of solution, which immediately results in many people raising  issues about what’s right and wrong. The royal ruling was made without  any legal basis because he made it only as the leader of Islamic affairs  in the state. There was no trial to decide who was guilty or not  guilty. As a result the ruling in which the Sultan supported the raid by  JAIS but assuring all that none would be charged, although the 12  Muslims who attended the fund-raising dinner would be given counseling,  is spurious. The immediate assumption is that DUMC is guilty and that  there was an attempt to proselytize. This then makes DUMC appear guilty,  and so is in a defensive position while it is expected to keep silent  and let the whole thing cool down. But it is not to be. Various parties  are voicing out their unhappiness. The response from Sarawak is that  one’s religion is one’s personal affair with God and none has the right  to interfere in it.
The other issue is the question of JAIS’ right to flagrantly enter a church and disrupt its activities. Ng Kam Weng, of The Micah Mandate writes that “the  jurisdiction granted by Article 11(4) of the Federal Constitution was  to permit the state to control or restrict the propagation of religion  among people professing to be Muslims. This must be read in the context  of the Article itself which fundamentally provides for every person the  freedom to profess, practice and propagate his religion…. There is no  legal provision under the Propagation Enactment that allows Jais  officials to intrude into the premises of DUMC, much less carry out a  raid. From my reading of the Selangor Enactment (1988), the closest  possible justification that can be offered by Jais are Sections 12 and  13, which specify that ‘an authorised officer may investigate the  commission of any offence under this Enactment and may arrest without  warrant any person suspected of having committed any such offence.’”
By  this, clearly JAIS is in the wrong and should be judged for a  contravention of provisions of the Federal Constitution and the  Propagation Enactment. I agree with Bob Teoh, an online commentator,  that JAIS “cannot hide behind its spurious actions and be exonerated  from its controversial intrusion into a charity dinner held at a  church…. It must be held accountable for its actions because it strikes  at the very heart of criminal jurisprudence, law enforcement, and  administration of justice — Islamic or otherwise. Jais cannot  (be)…allowed to get away with it through flawed reasoning…. Jais  descended upon a charity function…without invitation, permission or due  authority….  Conducting a search without a warrant or an  order from the court is considered an extra-judicial action. Is Jais,  therefore, exempt from due process? And if so, why?”
The  simplistic method of using the Sultan to supposedly settle the whole  thing down is clearly illegal and is a denial of the due process of law.  What should have been done was to allow the due legal process to be  carried out, especially because this is a test case for the country’s  dual legal system. Such a process may be protracted and expensive but it  is necessary to give our judicial system a sense of honesty and  transparency, and an opportunity for clarification and resolution for  the long term legal benefits of all Malaysians. Unfortunately, because  of the simplistic approach, we are all left hanging with the doubt and  dissatisfaction. Because of this the civil-syariah dilemma will continue  unresolved, and several questions will continue to haunt us. Will any  church building be safe from raids by Islamic enforcement teams from now  on, with or without reasonable cause? Which law should now precede in  cases involving proselytization, or cases in which Muslim  voluntarily joins a church to become Christians (without the church  being aware that they are Muslims)?
The  other danger in this precedence is the now questionable position of the  Sultan as the king of all the people of Selangor. He is installed as  people’s king, not merely the king of the Muslims. By taking side in a  religious issue, he has established an unwanted position as a king who  is a protector of Muslims and no longer favouring the Christians. By  making the decision he has also entered into the soiled realm of  politics. Royals are supposed to be above politics being the patron and  protector of all his people regardless of their race and religion.  Sadly, in the case of Selangor, this may no longer be the case.

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