Hishamuddin Tun Hussein should learn from his father and remember that Tun Hussein Onn had also declared that Malaysia is never an Islamic state, the DAP said today.

Referring to the Umno Youth leader's recent statement that Article 121 (1A) made Malaysian an Islamic state, DAP secretary-general Lim Guan Eng asserted that Hishamuddin was wrong.

Lim said that Hishamuddin, who is also education minister, was incorrect to say that Malaysians have no right to question, oppose or challenge BN's position that Article 121 (1A) of the Federal Constitution made Malaysia an Islamic state.

"Hishamuddin appears to have forgotten that was his own father, former prime minister Tun Hussein Onn who declared that Malaysia is not an Islamic state," Lim said in a statement.

The DAP leader pointed out that the Federal Constitution is the supreme law of the federation as state in Article 4(1), and that Islam is the religion of the federation under Article 3. However, he stressed that at no point was Malaysia an Islamic state nor Article 121 (1A) made Malaysian an Islamic state.

He said Article 121 (1A) only removed the previous control and jurisdiction of civil courts over syariah courts.

"It is ridiculous how Hishamuddin can stretch, distort and even pervert Article 121 (1A) as converting Malaysia into an Islamic state," said Lim.

"Hishamuddin should learn from his father that our Federal Constitution is secular with Islam as the religion of the country. Tun Hussein Onn's position is similar to the stance taken by our first prime minister Tunku Abdul Rahman and second prime minister Tun Abdul Razak," he added.

Lim said that such a decision was reaffirmed by Supreme Court in the Che Omar Che Soh case in 1988. In that judgement, Tun Salleh Abas had ruled that the syariah law was not the basic law of the land and that the constitution was the supreme law.

"Unless there is a constitutional amendment, Malaysia is not and never was an Islamic state," said Lim.

No prevention of discussion

He said to bar Malaysians from discussing Article 121 (1A) is undemocratic and violates the basic human rights of free speech. He pointed out that the Sedition Act of Article 10 (4) of the Federal Constitution made no mention of not being able to discuss Article 121 (1A).

He added that there four sensitive matters that even parliamentarians do not enjoy immunity and cannot question relating to citizenship rights under Parti III of the Federal Constitution, the position of national language and mother tongue-language under Article 152, special position of Malays under Article 153 and the status of Rulers under Article 181.

He said any questioning of Article 121 (1A) relates to the rights of non-Muslims when matters relating to Islam are decided by the syariah courts.

In matters affecting non-Muslims, Lim said the party adopts the position that if the religion of the subject is not in dispute then the syariah courts have the right of jurisdiction. However, if the religion of the subject-matter is in dispute and effects non-Muslims, then the civil courts should decide he said.

Party stand on Article 11 forum

Lim said that DAP does not oppose Islam as the religion of the Federation: "However DAP strongly opposes Malaysia as an Islamic state where Islam is the main guiding philosophy for BN which is not stated in our constitution but seen as discriminatory towards non-Muslim."

He said DAP is urging MCA, Gerakan, MIC and Supp to oppose Hishamuddin's statements.

In addition, he said that DAP is supporting the rights of NGOs in Article 11 to hold forum to promote right to religion and basic rights of non-Muslin in consonant with our basic human and constitutional right of freedom and religion.

"DAP strongly condemns the attempts by extremist Muslim organisations and regrets that PAS and Umno has united to restrict the democratic right of expression, erode the rights of non-Muslims and turn Malaysia into an Islamic state," he said.

He said if non-Muslim Malaysians cannot question Article 121 (1A) when they are adversely affected and their right to freedom of religion, then the ruling BN government must bear full responsibility for turning Malaysia into an Islamic state where non-Muslims do not enjoy equal political and economic rights.