INTERNAL SECURITY ACT FOR WAYWARD CHINESE CONVERTS

["fazlur rahman" <fazlurrahman19@hotmail.com>]

INTERNAL SECUTY ACT (ISA) FOR WAYWARD CHINESE CONVERTS

*The Bill is meant to catch the Chinese converts and other non Malay 
converts who want to leave Islam and go back to their own religions after a 
divorce or out of theiur own free will.

*This act suffers some major faults because in the first place it does not 
create an offence. There is no offence to be committed. Still the act has 
the power to jail Chinese and other non Malays who refuse to repent and 
remain Muslims.

*The act also has large discretionary powers granted to religious officers 
and syariah judges to make summary decisions on personal religious faith of 
Chinese and other non Malay Muslim converts which can result in them being 
jailed in special Aqidah Rehabilitation Centres without too much scrutiny 
and trial. Presently even the ISA does not grant the Minister such powers.

*Under this Act, religious officers and syariah judges will assume detention 
powers that are normally given to Ministers. This is a dangerous precedent.


THE BILL

"An enactment to provide provision for the protection, rehabilitation and 
determination of the "Aqidah" of a Muslim and matters connected therewith".

*There is no specific mention of any offence. It is protection, 
rehabilitation and determination of the faith of Chinese and other non Malay 
Muslim converts.

"BE IT ENACTED by legislature of the State of Selangor as follows: "

"Short title, application and commencement "

1. (I) The act shall be cited as the "Aqidah Protection, (State of
Selangor) Enactment 2000

(2) This enactment shall apply to the State of Selangor.

(3) This enactment shall come into operation on a date to be
appointed by His Highness the Sultan by notification in the
gazette

***This act has not yet been passed by any other state legislature. The 
State of Selangor is scheduled to hear this Bill at a sitting on 22/3/2000. 
Once it is cleared by the Selangor Assembly it is expected to be passed by 
the other state assemblies.

INTERPRETATION

2. (1) In this enactment, unless the context otherwise requires:-

"Administration Enactment" means the Administration of Islamic Law Enectment 
1989 (Enactment No. 2 90);

"attempt to change 'aqidah" means any act by a Muslim who is mukallaf on his 
own free will either by word, deed or by any means that may be interpreted 
as an attempt to change his "aqidah" and belief towards the religion of 
Islam.

*This Act is ultra vires Section 11(1) ( notwithstanding Clause 4) of the 
Federal Constitution because it basically removes an individuals freedom of 
religion. The Attorney General has provided an explanation to get around 
this problem but his explanation does not make sense.

"Aqidah Rehabilitation Centre" means any rehabilitation centre as determined 
under section 14 of this enactment;

*So far there is one such centre that has been built for this purpose in 
Negeri Sembilan. The Act says 'any rehabilitation centre as determined'. 
Even the lock up at Bukit Aman can be classified a Rehab Centre.

"Court" means Syariah High Court established under section 37 of the
Administration Enactment;

"Hukum Syarak" means Hukum Syarak according to Mazhab Shafie or according to 
any of the mazhab Hanafi, Maliki or Hambali;

*Other schools of thought like Syii  are not recognised.

"Islamic Family Law" means the Islamic Family Law Enactment 1984 (Enactment 
No. 4/1984);

"Judge" means a Syariah High Court Judge appointed under sub section 38(1) 
of the administration Enactment;

"Majlis" means the Majlis Agama Islam Selangor established under subsection 
4(1) of the Administration Enactment;

"Peguam Syarie" means a person appointed as Peguam Syarie under section 55 
of the Administration Enactment;

"Religious Enforcement Officer" means the officer appointed under subsection 
54(4) of the Administration Enactment and includes the Chief Religious 
Enforcement officer;

*The Act creates a new breed of 'religious police' the Enforcement Officer 
who (as we shall see) has absolute power to determine if people can be 
jailed for their beliefs. The Religious Enforcement Officer has more power 
than the Minister of Home Affairs.

"Secretary of the Majlis" means the secretary of the Majlis Agama islam 
appointed under subsection 11(1) of the administration Enactment;

[2] All words and expression used in this enactment and not herein defined 
in this enactment but defined in the interpretation Act 1948 and 1967 (Act 
338), shall have the meaning thereby assigned to them respectively in the 
act to the extend that such meanings do not conflict with Hukum Syarak.

JURISDICTION OF THE COURT TO MAKE DECLARATION AND ORDER.

[3] The Court shall have jurisdiction to:-

(a) declare that a person is no longer a Muslim.

*This power has never been granted to anyone before in any Islamic country.

(b) declare the religious status of a Muslim who has died; and

*If this does not sound stupid enough, please continue reading. Even a 
corpse must have a religion.

(c) make any other order as it deems fit in relation to the matters
stated under paragraphs (a) and (b).

ACKNOWLEDGEMENT AS A MUSLIM

[4] For the purpose of this enactment and any other written law, a Muslim 
shall at all time, be acknowledged and treated as a Muslim, unless a 
declaration has been made by the Court under this Enactment that he is no 
longer a Muslim.

INFORMATION AND INVESTIGATION

[5] If from information received or otherwise, a religious Enforcement 
Officer has reason to suspect the commission of an attempt to change 
"Aqidah" by a Muslim, he shall as soon as possible investigate the matter.

*The loose wording of this Act gives the Religious Enforcement Officer 
powerful discretionary power. A Chinese convert who is seen eating char koay 
teow too many times or if a Sikh convert attends too many Sikh weddings at 
the Sikh Temple and participates in the temple rituals can also be a 
candidate for "commission of an attempt to change "Aqidah" ."  The Chinese 
convert and the Sikh convert can be investigated.


POWERS OF RELIGIOUS ENFORCEMENT OFFICER IN CONDUCTING INVESTIGATION.

[6] In conducting an investigation under section 5, a religious Enforcement 
Officer shall have ALL THE POWER conferred on him under the Syariah Criminal 
Procedure Enactment 1991 (Enactment No. 5, 1991) as if he is conducting a 
CRIMINAL investigation under such Enactment.

*The Religious Enforcement Officer (REO) is fully empowered.

APPEARANCE IN COURT OF THE PERSON WHO HAS ATTEMPTED TO CHANGE AQIDAH.

[7] (1) if at the end of his investigation under section 5, the
Religious Enforcement Officer is of the opinion that:-

(a) there is sufficient evidence or reasonable ground of suspicion to
justify the commencement of proceedings under this Enactment
against the person and, (b) the person against whom such investigation is 
conducted has attained the age of eighteen or more

he shall make an application to the Court for a summon to be issued
requiring the appearance of that person before the ourt and that person 
shall appear as required.

*The REO can act on his own opinion and cause individuals to make 
appearances in court. The point of law and legal process that must be noted 
is that the individual Chinese or Sikh or Indian convert still has not 
committed any offence. There is no offence.

(2) if the person who has been served with a summon under
subsection (1) is not present as required, the Religious Enforcement
Officer shall apply to the Court to issue a warrant of arrest to
secure his attendance.

*Warrant of arrest. The REO is fully empowered.

POWER OF THE COURT AGAINST THE PERSON WHO HAS ATTEMPTED TO CHANGE HIS
AQIDAH.

[8] When a person appears or is brought before the Court under section 7, 
the judge shall:-

(a) advise such person to repent, and if the judge is satisfied that
he has repented according to Hukum Syarak, record his repentance
and order his release; or

(b) if the person refuses to repent -

(i) order that he be detained at the "Aqidah Rehabilitation Centre for a 
period not exceeding one year unless he has earlier repented
under subsection 9(2); and

*If the Chinese Muslim convert still insists on returning to his own 
religion he can be jailed for up to one year. There is no restriction on 
going out of Islam, as long as a jail sentence is served for one year.

(ii)order the Religious Enforcement Officer to submit a report to the
Court and the officer in charge of the "Aqidah rehabilitation
Centre, relating to the liabilities or obligations of that person
under the Islamic family Law not later than thirty days before
the expiry of the period of his detention.

PROCEDURE IF THE PERSON REPENT

[9] (1) If at any time, the person who has been ordered to be
detained under subparagraph 8(b) (I) has repented, the
officer in charge of the "aqidah Rehabilitation centre"
shall prepare a report and as soon as possible produce that
person before the Court.

(2) If the judge is satisfied that the person brought before
him under subsection (1) he has repented in accordance with
the Hukum Syarak, he shall record the person'' repentance
and order his release.

PROCEDURE IF THE PERSON REFUSES TO REPENT

[10] (1) If the person under detention refuses to repent, the officer in 
charge of the "Aqidah Rehabilitation Centre where he is detained shall, if -

(a) the report by the Religious Enforcement Officer indicated that the 
person has no liability or obligation under the Islamic Family
Law, produce him before the Court before the end of the period of
his detention, or

(b) the report by the Religious Enforcement Officer indicated that he
has liabilities or obligations under the Islamic Family Law,
produce him before the Court not less than thirty days before the
expiry of the period of his detention.

(2) The officer in charge of the "Aqidah Rehabilitation Centre shall
at the time the person is produced before the Court, submit to the
Judge a progress report pertaining to the rehabilitation programs
which has been carried out on such person.

(3) When the person is brought before the Judge under subsection 1 (a) or 
(b), the Judge shall again advise such person to repent, and if


(a) the Judge is satisfied that the person brought before him has
repented in accordance with Hukum Syarak, he shall record the
person's repentance and order his release; or

(b) the person still refuses to repent, the Judge shall after
examining the reports submitted to him and after hearing any
explanation for such person, record his refusal to repent, and if;

(i)the Judge is satisfied that the person has no liability or
obligation under the Islamic Family Law, declare that the
person is no longer a Muslim and order his release; or,

(ii)the Judge is satisfied that the person has any liability or
obligation under the Islamic Family Law, section 11 will
apply.

POWER OF THE COURT TO ORDER THE SETTLEMENT OF LIABILITY, ETC.

[11] (1) In the circumstances mentioned under subparagraph 10 (3) (b)
(ii), before the Judge makes a declaration against the person, he shall 
proceed to hear the liabilities or obligations of that person under the 
Islamic Family Law as if a DIVORCE has occurred under this Enactment.

(2) In determining the liabilities or obligations under
subsection (1), the Judge shall hear and decide the claims of all
parties under the Islamic family Law.

(3) When the Judge has decided on the liabilities and
obligations of the parties he shall in order:-

(a) Declare that person is no longer a Muslim and dissolve his
marriage;

*In the event that the Malay wife/husband of a Chinese Muslim convert 
remains a Muslim, the court will forcefully annul their marriage. They 
cannot live as husband and wife. The apostate cannot also inherit from 
his/her children.

(b) Determine the person's liabilities or obligations under subsection (2), 
and

(c) Release the person unless he has earlier been released upon the
expiry of his detention.

(4) Where an order made by the judge is in respect of a
liquidated sum such sum is recoverable as a civil debt.



SYOR - SYOR

6.1. MAJLIS Mesyuarat Kerajaan negeri adalah disyorkan untuk memberi
pertimbangan dan kelulusan terhadap:-

(a) Ketetapan polisi mengenai perlindungan, pemulihan dan penentuan "Aqidah" 
orang islam di negeri Selangor dan perkara-perkara yang berhubung dengannya 
sebagaimana yang dicadangkan diatas;

(b) Rang undang-undang Perlindungan "Aqidah" (Negeri Selangor) 2000 dalam 
versi Bahasa Malaysia dan Inggeris seperti di lampiran "A1" dan "A2", dan

(c) Rang undang-undang di (b) di atas dibentangkan di persidangan Dewan 
Undangan Negeri Selangor yang akan bersidang pada 22 - 23 Mac 2000 ini.

Disediakan oleh:- Haji Mansur Bin Ramli
Pengarah Jabatan Agama Islam Selangor

Disemak dan di
Sahkan oleh:- Dato' Amir Sharifuddin Abu Bakar
Timbalan Setiausaha Kerajaan Negeri,
Pejabat Setiausaha Kerajaan,
Negeri Selangor Darul Ehsan.

Disahkan oleh:- YB Dato' Dr Zainal Abidin Bin Ahmad,
Ahli Majlis Mesyuarat Kerajaan
Negeri Selangor.


*Notice to the Chinese/Indian/Sikh and other converts.

*In the Bahasa Malaysia Annex A 1 on page 17 it says:-

"Perangkaan menunjukkan bahawa kes "Murtad" yang berlaku di negara ini 
kebanyakannya adalah daripada kalangan muallaf, iaitu, orang-orang yang 
asalnya bukan beragama Islam, Mereka memeluk Islam kerana sesuatu sebab 
tertentu seperti ingin berkahwin dan sebagainya"

The Bill is aimed specially at non Malay Muslim converts the majority of 
whom are Chinese. This Bill is now before the State Assembly Selangor and 
will be tabled before 22/3/2000. If this Bill is passed, it removes the 
freedom of religion guaranteed by the Federal Constitution. It will also 
force non Malays to shy away from Islam. The end result will be the creation 
of an exclusive Malay Muslim race in Malaysia.

Since the Bill is tabled by the BN government, the MIC and the MCA has no 
choice but to support the bill. PAS will be happy to support the bill and 
since the DAP is now supporting PAS, they have to give face to their PAS 
brothers.

The Chinese parties and also the Malay parties have to think carefully 
before they agree to this Bill being passed in the Selangor State Assembly. 
The Bill removes the freedom granted to Muslims of Chinese and other non 
Malay races to choose the religion of their choice.

The very presence of the Bill is a restriction on the personal liberties and 
freedoms of the individual. The biggest impact will however be on Chinese 
Muslim converts as well as Muslim converts from other non Malay races. You 
can leave the religion of Islam if you want but there is a price to pay.

1. You can be jailed for one year in a Rehab Centre
2. Your marriage will be annulled
3. You cannot inherit property from your children


Please broadcast this message to the world particularly to the human right 
organisations.











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