KUALA LUMPUR, Sept 2 — The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has raised concerns over plans to place officers from the Department of Islamic Development Malaysia (Jakim) in every government department.
According to a report in the Daily Express dated August 13, 2024, Liberal Democratic Party (LDP) Vice-President David Ong also expressed concerns regarding these reports.
The MCCBCHST fears that this move could potentially violate Article 3(1) of the Federal Constitution, which states that “Islam is the religion of the Federation”, the MCCBCHST wrote in a statement today.
“This move has the potential to affect the constitutional safeguards provided in the Constitution including the Fundamental rights guaranteed by Articles 5 to 13, which also form the basic structure of the Constitution,” it added.
The council referred to the Supreme Court decision in the case of Che Omar bin Che Soh v. Public Prosecutor, which defined Islam under Article 3 as relating only to “rituals and ceremonies”.
It noted that involving Jakim in government policy-making may be unconstitutional, as the public sphere only includes Islamic acts related to rituals and ceremonies.
The MCCBCHST wrote that the Supreme Court decision in Che Omar Bin Che Soh V. Public Prosecutor has been upheld in three Federal Court decisions: Indira Gandhi A/P Mutho v. Pengarah Jabatan Agama Islam Perak & 2 others, Iki Putra Bin Mubarak v. Kerajaan Negeri Selangor & Anor (2021), and Nik Elin Zurina Binti Nik Abdul Rashid Anor v. Kerajaan Negeri Kelantan (2024).
The MCCBCHST emphasised its support for Article 3(1) of the Constitution, which recognises Islam as the religion of the Federation.
However, it argued that Jakim’s role in ensuring government policies align with Islamic principles would fall outside the constitutional scope of the term “Islam” as interpreted by the courts.
The interfaith group called on the government and Members of Parliament to adhere to their oath to “preserve, protect and defend the Constitution” and respect the Rukun Negara, which supports cultural diversity in Malaysia.
The council believes that such adherence will ensure unity among all races in Malaysia and contribute to the country’s progress.