Banning books of Shia Islam in Malaysia on the grounds that its conflicts with the beliefs of Ahli Sunnah Wal-Jamaah, for example, is Un-Constitutional and unIslamic : (1) It is contrary to the Federal Constitution which provides for freedom of religion and the practice of Article 11 (1) Every person has the right to profess and practice his religion ... This means that every individual in addition to the right to choose his religious belief and practice,also have the right to have any books related to religion in order to profess and practice his religion. So,to ban books on Shiite Islam by any party on grounds that it conflicts with the beliefs of Ahli Sunnah Wal-Jamaah is unconstitutional, by so if you want to, legal action may be taken individually or as a group by challenging them in the Federal High Court. (2) It is contradict the Federal Constitution that allow certain religious groups to manage their religious affairs; to hold any religious institution and fundraising, to own property and manage it according to the law of Article 11 (3) Every religious group has the right- (a) to manage its own affairs religous; (b) to eshtablish and maintain instituitions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law This means Shia Imami (Jafari) civilian society of Malaysia may have Insititutions of their own and can have a big library like any other civil society in this country based on the Federal Constitution. (3) It is contradict The Federal Constitution that put all individuals (persons) are equal before the law and entitled to the same legal protection of Article 8 (1) All persons are equal before the law and entitled to the equal protection of the law Therefore Malaysian Shiite whose their Shiite books are banned on the grounds that its conflict with the bveliefs of Ahli Sunnah Wal-Jamaah, do not get legal protection of equal protection before the law because the books of Ahli Sunnah Wal-Jamaah conflicting with the beliefs of Shia Islam is not banned in Malaysia while Article 3 (1) and Article 11 (1) is for all religions. Hence the banning of the Shia books in Malaysia is unconstitutional in itself (4) It is contrary to the Federal Constitution, which does not distinguish any people based on religion, race, descent or place of birth to acquire education in Article 12 (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth Hence the banning of Shia books in Malaysia is contrary to the principle of freedom to seek knowledge ( education ) in Article 12 (1). (5) It is contrary to the Federal Constitution which guarantees freedom of religion and practice it with peace and harmony in any part of the Federation of Malaya in Article 3 (1) Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation This means not only books on Shiite Islam cannot be banned in Malaysia for the purpose of beliefs and practices may be practiced in peace and harmony even books associated with other religions for the same purpose is not to be banned because all religions may be practiced in peace and harmony in the Federation of Malaya. to learn any religion and practice it, it requires books related to it. It is the meaning of freedom of religion by the Federal Constitution which is the supreme law of the land. (6) It is contrary to the Federal Constitution, which asserts that any law passed after Merdeka Day (Independence Day) which is inconsistent with the Federal Constitution is null and void in Article 4 (1) This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void Therefore, any law that prohibits its citizens (persons) to improve the knowledge-read books- in any religion chosen by them voluntarily in the Federation of Malaya was unconstitutional. (7) The Federal Constitution is the supreme law of the Federation. While Ahli Sunnah Wal-Jamaah sect are under the Federal Constitution. Hence it can not violate or exceed the Federal Constitution that is the supreme law of the land. (8) The question is: How the books of writen by Ahli Sunnah Wal-Jamaah in Malaysia including article of Jakim officials which contradict the Federal Constitution Article 3 (1) and Article 11 (1), especially when these books are defamatory, pervert and deeming Malaysian Shia Jafari sect as Disbeliever and inciting people to fight against the Shia sect of Islam as jihad, will these books be ban and Jakim officials will be subject to disciplinary action from the Public Service Department (JPA) and so on ?? (9) The Government shall maintain the security of its people based on the Federal Constitution which is the supreme law of the land without any prejudice to any particular sect or religion. Especially if it was made essentially to combat certain sect or religion! (10) Maqasid al-Shariah means the goals of Islamic Sharia is divided into five areas: (1) Religion (al-Din) (2) Life (al-nafs) (3) Intellect (al Aql) (4) Progeny (al-nasal) (5) property (al-Mal) that has been designated by the Federal Constitution in general for all the people in the multi-religious Federation of Malaya (Malaysia). And it must stand on justice. Hence it can not be used to ban the beliefs and practices Shia Islam and their books in Malaysia. (11) Malaysian Shiite is Shia Imami (Jafari) Malaysia who have made a sworn declaration (SD) pursuant to an Act of Parliament No. 13, 1960, which promised fully comply with the Federal Constitution and against any form of violence. So, Shia Islam-Malaysia who have sworn declaration (SD) have no other choice than to sue any of the authors and publishers of these books including Malay religious speaker who in YOUTUBE defame or deeming Malaysian Shia Islam as Disbeliever individually in the Civil Court claiming damages and so on, at the appropriate time. (12) On Independence Day, 31 .8. 1957 people (citizens) of the Federation Malaya, which consists of three main nations: Malays, Chinese and Indians have agreed to disagree under the Federal Constitution, but they must comply with the Federal Constitution as the supreme law of the Federation. (13) And it is also UnIslamic because it is contradicts the Fatwa of The Shaykhs of al-Azhar, Amman Declaration of 2005 which was signed by the Prime Minister of Malaysia and Chairman of the OIC in 2005, the Declaration of Makkah al-Mukarramah in 2006 and the Declaration of Islamabad in 2007 which recognizes 8 sect in Islam of which 2 are Shia; Jafari Shia and Zaydi Shia. THREE THINGS FROM AMMAN MESSAGE V.1 (2005) Frequently Asked Questions In the name of Allah, Most Gracious, Most Merciful. May peace and blessings be upon our Prophet Muhammad and His Holy and Noble Family. [1] Any person who is a follower of one of the four schools of Sunni Islamic jurisprudence (Hanafi, Maliki, Shafii and Hanbali, two schools of Shiite Islamic jurisprudence (Jafari and Zaydi), Ibadi school of Islamic jurisprudence and Zahiri Islamic school of jurisprudence, is a Muslim. Declaring that someone of apostasy is not allowed.Verily blood, honor, and property can not be violated. Moreover, according to the fatwa of Shaykh Al-Azhar, is not possible and not allowed to declare anyone who professes Ashari creed or whoever practices real Tasawwuf as infidels. Similarly, it is not possible and not allowed to declare anyone professing the true Salafi ideology as infidels. Nonetheless, it is neither possible nor permissible to declare as apostates any group of Muslims who believe in God, The Glorified and The Exalted, and His Messenger, peace be upon him and the five pillars of Islam, and did not deny any rule that is needed from religion. [2] Then there exists more in common between the various sects of Islam from the differences between them. The adherents to the eight schools of Islamic jurisprudence agree with the basic principles of Islam. All believe in Allah, the Exalted and Most High, the One and Unique; The Noble Quran is the word of Allah and that Muhammad is the prophet and messenger to all mankind. All agreed on the five pillars of Islam: two Kalima (shahadatayn); prayer (salat), almsgiving; fasting month of Ramadan, and the pilgrimage to the house of God (in Mecca). They also agree on the fundamentals of belief: belief in Allah, His angels, His books, His messengers, and the Day of Judgment, Qadha and Qadar; good and bad. Differences of opinion among scholars from eight schools of Islamic law only in respect of the branches of religion (furu) and not the principles and fundamentals [of Islam].Dissent from the point of branches of religion is a blessings. There was a saying of those who had come before us that said that the differences in opinion among scholars is fair and good. [3] Declarations schools of Islamic jurisprudence in Islam means adhering to a basic methodology in production of fatwa: No one may issue a fatwa without the requisite personal qualifications of each school of Islamic jurisprudence to determine [for its adherents only]. No one may issue a fatwa without adhering to the methodology of Islamic sects. No one can claim to do ijtihad without limitation or create a new school of Islamic jurisprudence or to issue a fatwa is unacceptable that take the muslims from the principles of Islam and Sharia certainty and what has been established in respect of the schools of Fiqh. Three point Amman Message V.2 Amman Declaration signed by 552 participants comprising Heads of Government,Dignitaries, Muftis, Ministers of Religion, Academics and others from various part of the Islamic world, including eight person from Malaysia in Amman, Jordan in 2005 : MALAYSIA 1. H.E Dato Seri Abdullah bin Haji Ahmad Badawi, prime minister 2. Dr Anwar Ibrahim, Former Deputy Prime Minister 3. Dato Dr Abdul Hamid Othman, Minister in the Prime Ministers office 4. Prof Dr Kamal Hasan, President of the International Islamic University, Kuala Lumpur 5. Prof Dr Mohammad Hashim Kamali, Dean of the International Institute of Islamic Thought and Civilization 6. Mr. Shahidan Kasem, First Minister of Perlis, Malaysia 7. Mr Jamal Al Khayr -Din, Deputy Chairman of the Youth Sector, the United Malays National Organisation 8. Dr Salih Karim Qadir Al-Zanki, International Islamic University. (14) Statement by the Prime Minister in an Iftar at the Shah Alam at 10.7. 2014 about unity between Sunni-Shia Islam can be solved by setting aside the differences that exist on both sides to ensure their own future as follows: The simplest analogy I would use is that both the Shia and Sunni are on the same highway. The only difference is that they are in the different lanes. Even the destination is the same, he said at a breaking of fast event here. Why can not we overcome the conflicts between the Sunni and Shia? The Muslim world must learn to set aside whatever differences among the different denominations and coexist peacefully if it intends to guarantee its own future . themalaymailonline/malaysia/article/najib-calls-for-muslim-unity-months-after-shia-witch-hunt
Posted on: Mon, 22 Dec 2014 15:40:29 +0000
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