Bar Council...Will They Ever Learn?

Amidst the instability of nation political landscape, a bunch of minority legal practitioners took this opportunity by organizing a discourse which was claimed as an effort to provoke and insult on Islam.

This isn’t the first the Bar Council attempted to create the uneasiness and anxiety among the Muslims in this country. Before this, in June, they held a highly controversial forum entitled ‘Ketuanan Melayu’, whereas Malay right had been questioned and debated.

Despite being warned and advised by the authority, they stood firm to carry on with the forum on the name ‘freedom of speech’ at the expense of majority. As a multiracial country, certainly the most sensitive issue is religion. You can say and talk on whatever topic you want, but never touch on religion matter.

Conversion to Islam: Art 121(1A) of the Federal Constitution, Subashini & Shamala Revisited. The title of the discourse tells us everything. According to the organizer the forum will focus how conflicts in matrimonial and family should matters i.e. divorce, custody, maintenance and distribution be resolved, upon conversion to Islam of one party in a non-Muslim marriage: Ought the Civil Courts to have exclusive jurisdiction.


It is clear by any mean that the main objectives to hold such a forum like this are none other to call and persuade the government to amend and review Article 121 (1A). The failure of 10 non-Muslims cabinet in 2006 to call upon the government to amend the Article wasn’t a restriction for them to strike again until their mission accomplish.

As Muslims, we need to know and clear of the consequences if the above Article is being amended. There were plethora of decided cases showing how the civil courts had successfully set aside various judgments of the shariah courts despite the fact the cases dealt with Islamic law and the parties or litigants were muslims.

And for civil courts’ judges, in spite of not being well versed in Islamic law, they able to usurp the power of shariah court as if the muslim’s rights of practicing his own religion had no constitutional value.

But millions of appreciation to those who were working extremely hard to make sure that the forum will not go on as planned. Credit must go to brother Zulkifli Noordin, the Kulim Bandar Bharu MP and the muslims NGO’s from all over the country for their tireless work rate just to confirm that there will be no further discussion on Art 121 (1A).

"Never stir the hornets’ nest".