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The Star, Saturday January 7, 2006

Resolve issue in civil court

By SA’ODAH ELIAS

PETALING JAYA: The Cabinet is of the view that the civil court should not just brush aside cases pertaining to the status of converts by stating that it has no jurisdiction.  

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said the matter was discussed at length during the Cabinet meeting on Wednesday. 

On Dec 28, the High Court ruled that it would not disturb the declaration that the late Mount Everest climber Sjn M. Moorthy was a Muslim because the matter was under the syariah court’s jurisdiction.  

The High Court’s ruling came five days after the Syariah High Court declared Moorthy a Muslim.  

Moorthy’s Muslim name was Mohammad Abdullah. 

Moorthy’s widow S. Kaliammal, 30, who was involved in a tussle with the Federal Territory Religious Department (Jawi) for the right to bury Moorthy, had sought a declaration in the civil court that her late husband was a Hindu who had practised the Hindu way of life.  

Following the High Court ruling, Moorthy was buried according to Islamic rites.  

Nazri, however, said the Cabinet’s view was not specific to Moorthy’s case and should not be taken as the Government subscribing to the view that the civil court should have the power to review cases decided by the syariah court. 

The syariah court, he said, has full jurisdiction over cases involving Muslims.  

However, when the status of a convert was in question, the right avenue for the issue to be resolved was through the civil court. 

Nazri said, personally, he felt that the High Court – in ruling that it would not disturb the declaration by the Syariah Court that Moorthy was a Muslim - had taken the “easy way” out. 

The syariah court, he said, would only have full jurisdiction once a convert was declared a Muslim by the civil court and not when his conversion status was in dispute.  

“This fact is very clear. Other than his status as a convert, the question was also raised as to whether Moorthy was in full control of his mental faculties when he converted. This clearly falls under the jurisdiction of the civil court. 

“If the deceased had converted willingly and without compulsion, then Jawi would have all the documents to prove its case in the High Court without using the syariah court to make such a declaration,” he added.  

On Thursday, a Parliamentary Roundtable discussion was held on judicial powers over religious matters.  

Discussion had centred on Article 121 (1A) of the Federal Constitution, which since 1988 had prohibited the civil court from having jurisdiction over syariah court matters.  

Asked to comment on the five resolutions adopted at the roundtable, Nazri said he only agreed to parts if it, as he felt that the syariah court’s jurisdiction over Muslims in this country was not an issue. 

The roundtable was attended by several Members of Parliament, lawyers, representatives from the Interfaith Council, and Malaysian Human Rights Commission chairman Tan Sri Abu Talib Othman, a former Attorney-General .  

The Star, Wednesday October 18, 2006

Fauzi says sorry for e-mail

KUALA LUMPUR: Takaful Malaysia Syariah head Mohd Fauzi Mustaffa has apologised for his e-mail advising his colleagues against wishing Hindus Happy Deepavali. 

He has also retracted the contents of his e-mail sent early this month. 

Azmi: ‘We realise the mistake and we have apologised’

Fauzi, in his e-mail, had advised his colleagues not to extend greetings for Deepavali, Durga Pooja and Laksmi Pooja, claiming that this was blasphemous and against Islamic teachings.  

Takaful Malaysia CEO Md Azmi Abu Bakar has also apologised for any ill feeling the e-mail may have caused. 

Takaful Malaysia, which is part of the Bank Islam group, also posted an apology on its website over any confusion arising from the misinterpretation of the e-mail. 

“The company has apologised to its staff. The content and views in the e-mail did not in any way represent the views of Takaful Malaysia,” Azmi told reporters during a peace protest by the Group of Concerned Citizens (GCC) at the Takaful Malaysia headquarters here yesterday.  

“It is no sin to extend festive greetings to our non-Muslim friends. It (the e-mail) was meant for internal circulation and served as advice or opinion. We would like to apologise for any confusion and ill feeling that may have arisen from the e-mail. 

“Such a statement issued by the Syariah Department head will send out the wrong message to the public and our investors. It is not good for business. 

“We realise the mistake and we have apologised. There is no point in pursuing the matter. After all, there will be a change in the company’s internal mechanism, which will be beneficial for all races.”  

GCC co-ordinator Charles Santiago said such an insensitive statement had broken the diversity of the country. 

“We should celebrate diversity and not break it. The country belongs to all of us – the Malay, Chinese, Indian and indigenous people,” he said. 

The DAP, in a statement, said it accepted Fauzi’s apology. 

“We had a meeting with Takaful Malaysia CEO Md Azmi today (yesterday). We accept Fauzi’s apology with an open heart and hope something like this will not be repeated in the future,” it said in a statement.  

The Star, Thursday October 19, 2006

Let Fatwa Council decide, says Rais

JELEBU: The Fatwa Council, and not individuals, should determine whether Aidilfitri entertainment programmes are contrary to Islam, said Culture, Arts and Heritage Minister Datuk Seri Dr Rais Yatim. 

Referring to Perak Mufti Datuk Seri Harussani Zakaria’s comment that entertainment which contained elements of immorality tainted the holiness of the fasting month of Ramadan, Rais retorted: “Which dance or song is contrary (to Islam)?  

“The mufti has made such comments before, which sometimes places the Government in a difficult position because no one dares to respond.”  

Speking to reporters after a buka puasa function and presentation of donations in Kampung Bandar Tinggi on Tuesday night, Rais said the Cabinet was mindful of such comments. 

The ministry, he added, regarded Harussani’s words as his personal opinion and not that of a mufti bound by the Fatwa Council. 

He said Harussani’s comments could confuse the people and disrupt harmony in society. – Bernama  

The Star, Saturday October 21, 2006

Govt warns private sector on circulars that provoke religious sensitivities

By Stephen Then

MIRI: The Government warned private sector organisations to refrain from issueing internal circulars or notices that can provoke religious and racial sensitivities. 

Minister in the Prime Minister’s Department Datuk Dr Maximus Ongkili said the Government will not allow such provocative circulars to be issued, even if they are only meant for internal circulation. 

He warned the management of private sector organisations that they too must be accountable and responsible for ensuring racial and religious harmony in their workplace. 

"Whether it is an internal matter within a private company or within a government agency, the Government will not allow any racially and religiously provocative directives to be issued. 

"We will not allow this sort of thing to happen, even if it involves a private sector department only. 

"The Government’s policy is that we must ensure room for harmony among all races and religions, whether in the government or private sectors. 

"What happened in the ‘Takaful incident’ must not be allowed to happen again. The Government will ensure no repeat of such things. This sort of directive should not have been issued in the first place," he told a press conference here after attending a Buka Puasa dinner with staffs of the State Welfare Department and Miri RT members on Friday night. 

Takaful Malaysia syariah department head Mohd Fauzi Mustaffa created an uproar last week when he issued an e-mail to his staffs instructing them against giving festive greetings that he claimed were against Islam. 

Fauzi claimed that wishing Happy Durga Pooja, Happy Lakshmi Pooja and Happy Deepavali was like greeting the Hindu gods. 

Takaful has since apologised and retracted the directive. 

Maximus said the issue went up to the highest level in the country and Prime Minister Datuk Seri Abdullah Ahmad Badawi had personally expressed his unhappiness over the incident. 

The Prime Minister’s Department considers this issue closed, but wants it to serve as a lesson to all. 

Thursday October 19, 2006

Let Fatwa Council decide, says Rais

JELEBU: The Fatwa Council, and not individuals, should determine whether Aidilfitri entertainment programmes are contrary to Islam, said Culture, Arts and Heritage Minister Datuk Seri Dr Rais Yatim. 

Referring to Perak Mufti Datuk Seri Harussani Zakaria’s comment that entertainment which contained elements of immorality tainted the holiness of the fasting month of Ramadan, Rais retorted: “Which dance or song is contrary (to Islam)?  

“The mufti has made such comments before, which sometimes places the Government in a difficult position because no one dares to respond.”  

Speking to reporters after a buka puasa function and presentation of donations in Kampung Bandar Tinggi on Tuesday night, Rais said the Cabinet was mindful of such comments. 

The ministry, he added, regarded Harussani’s words as his personal opinion and not that of a mufti bound by the Fatwa Council. 

He said Harussani’s comments could confuse the people and disrupt harmony in society. – Bernama  

Thursday October 19, 2006

Festive greetings all right

PUTRAJAYA: There is nothing wrong in Muslims extending festive greetings to non-Muslims and such acts do not violate one’s aqidah or faith in Islam, Prime Minister Datuk Seri Abdullah Ahmad Badawi said. 

He said there should be a clear understanding that celebrating a “Kongsi Raya” did not mean that matters pertaining to Islam and other religions were mixed together. 

“This is certainly not the case. Celebrating Hari Raya and Deepavali together does not mean that anything related to Islam and Hinduism as religions will be mixed up,” he said.  

“It does not mean that a non-Muslim will be going to the mosque and a Muslim will be going to the temple to take part in religious rites or activities, just because we celebrate Kongsi Raya. This is certainly not it. 

“We are celebrating each other’s festivals in the spirit of social relations, unity and togetherness. There is no problem in doing this and we have been doing this for years. 

“I do not want any confusion on this matter. There is certainly no act of tarnishing anyone’s religion and neither does it violate our aqidah as Muslims just because we wish our Hindu friends Happy Deepavali and celebrate the festival with them.”  

The Prime Minister was speaking at the presentation of Hari Raya and Deepavali goodies to 113 of his office support staff. This tradition, initiated by the late Datin Paduka Seri Endon Mahmood, started when Abdullah was the Deputy Prime Minister. 

His daughter Nori, who is the chairman of Yayasan Budi Penyayang, presented duit raya and the goodies on his behalf. 

The issue of greeting non-Muslims celebrating their festivities became a controversy when Takaful Malaysia Syariah head Mohd Fauzi Mustaffa sent out an e-mail advising his colleagues against wishing Hindus Happy Deepavali. 

Fauzi, in his e-mail, had advised his colleagues not to extend greetings for Deepavali, Durga Pooja and Laksmi Pooja, claiming that this was blasphemous and against Islamic teachings. He has since apologised for the e-mail. 

The Prime Minister said there was nothing wrong in visiting friends celebrating Deepavali or with Indians visiting their Muslim friends who celebrate Hari Raya. 

He said the various festivities had brought Malaysians of different ethnicity, religion and culture together, and this was a good and positive way to unite the people. 

Abdullah, wishing his Muslim staff Selamat Hari Raya and Hindu staff Happy Deepavali, said the festive goodies were distributed to his staff in honour of the late Endon. 

“This has become a routine every Hari Raya and I wish to continue the effort that my late wife had initiated. I also hope the goodies will help the staff prepare for their festive celebrations,” he added.  

Wednesday October 18, 2006

Fauzi says sorry for e-mail

KUALA LUMPUR: Takaful Malaysia Syariah head Mohd Fauzi Mustaffa has apologised for his e-mail advising his colleagues against wishing Hindus Happy Deepavali. 

He has also retracted the contents of his e-mail sent early this month. 

Azmi: ‘We realise the mistake and we have apologised’

Fauzi, in his e-mail, had advised his colleagues not to extend greetings for Deepavali, Durga Pooja and Laksmi Pooja, claiming that this was blasphemous and against Islamic teachings.  

Takaful Malaysia CEO Md Azmi Abu Bakar has also apologised for any ill feeling the e-mail may have caused. 

Takaful Malaysia, which is part of the Bank Islam group, also posted an apology on its website over any confusion arising from the misinterpretation of the e-mail. 

“The company has apologised to its staff. The content and views in the e-mail did not in any way represent the views of Takaful Malaysia,” Azmi told reporters during a peace protest by the Group of Concerned Citizens (GCC) at the Takaful Malaysia headquarters here yesterday.  

“It is no sin to extend festive greetings to our non-Muslim friends. It (the e-mail) was meant for internal circulation and served as advice or opinion. We would like to apologise for any confusion and ill feeling that may have arisen from the e-mail. 

“Such a statement issued by the Syariah Department head will send out the wrong message to the public and our investors. It is not good for business. 

“We realise the mistake and we have apologised. There is no point in pursuing the matter. After all, there will be a change in the company’s internal mechanism, which will be beneficial for all races.”  

GCC co-ordinator Charles Santiago said such an insensitive statement had broken the diversity of the country. 

“We should celebrate diversity and not break it. The country belongs to all of us – the Malay, Chinese, Indian and indigenous people,” he said. 

The DAP, in a statement, said it accepted Fauzi’s apology. 

“We had a meeting with Takaful Malaysia CEO Md Azmi today (yesterday). We accept Fauzi’s apology with an open heart and hope something like this will not be repeated in the future,” it said in a statement.  

The Star, Wednesday October 18, 2006

Malaysian PM backs mixed festivities by Muslims, Hindus

KUALA LUMPUR: Multiracial Malaysia’s prime minister on Wednesday defended joint religious celebrations by the country’s Muslims and Hindus. 

"A joint celebration does not mean that Muslims and Hindus have to mix their religions.  

"Everyone has their own beliefs and faith,'’ Prime Minister Abdullah Ahmad Badawi said in a speech.  

"It does not in any way tarnish one’s religion.'’ 

The comments were apparently aimed at ending a controversy over whether Muslims should send holiday greetings to Hindus for their religious celebrations including the festival of lights, Diwali or Deepawali, which will be marked this Saturday. 

Diwali will be followed next week by Eid-al-Fitr - known in Malaysia as "Hari Raya'’ - the main Muslim holiday at the end of the fasting month of Ramadan. 

The two lunar calendar holidays often occur back to back and are celebrated together in a weeklong holiday, nicknamed "Deeparaya.'’ 

Abdullah was speaking at a ceremony handing out gifts to civil servants to mark both festivals. 

But controversy erupted this year after the religious chief of a government-linked Islamic finance group, Takaful Malaysia, advised its Muslim employees not to wish Hindus "Happy Diwali.'’ 

In an e-mail to employees, Mohamed Fauzi Mustaffa described Hindu festivals as being against Islamic tenets because they involve idol worship, considered blasphemous in Islam. 

Takaful Malaysia, which is majority-owned by Malaysia’s Bank Islam, later apologised after Hindu groups, many Muslims and government ministers expressed outrage at the comments, describing them as a narrow interpretation of Islam. 

"The issue at hand is about … creating a sense of unity among all the races in the country and one identity that we are all Malaysians,'’ said Abdullah, a respected Islamic scholar. 

"I do not want any confusion in all this … I want to set the record straight that this does not in any way go against the faith of Muslims in the country,'’ Abdullah said. 

The government has carefully nurtured racial harmony between the three races since deadly race riots in 1969, and the country is often hailed as a model of coexistence for other multicultural nations. - AP

Takaful Malaysia apologises for official’s stance on Hindu holiday

The Star, Tuesday October 17, 2006

KUALA LUMPUR: A Malaysian government-linked Islamic finance group has officially apologized after its religious chief advised Muslim staff not to give holiday greetings to Hindu colleagues for an upcoming celebration he described as blasphemous. 

The apology was posted on publicly traded Takaful Malaysia’s Web site Tuesday. 

The company, which is majority-owned by Malaysia’s Bank Islam, has already distanced itself from an e-mail memo sent by its religious department chief, Mohamed Fauzi Mustaffa, that advised Muslim employees against wishing Hindus "Happy Diwali.'’ 

Mohamed Fauzi’s e-mail described Hindu festivals as against Islamic tenets as they involve the worship of deities. 

Diwali, the Hindu festival of lights, will be celebrated Oct. 21. 

Muslim-majority Malaysia’s 26 million population is 60 percent Malay, 25 percent Chinese and 10 percent Indian, who are mainly Hindu. 

"We would like to apologise for any confusion and ill-feelings that may have arose from the e-mail,'’ the company said on its the Web site. 

Malaysia takes pride in its racial harmony and discourages religious disputes. 

Government officials were quick to denounce the e-mail, saying it was a narrow interpretation of Islam. 

Mustaffa has not made any public comment on his e-mailed memo. 

Also Tuesday, the New Straits Times newspaper reported that two police reports have been lodged by non-governmental organizations over Mohamed Fauzi’s e-mail, saying it was inciteful and hurtful to non-Muslims. 

The report could not be independently verified, and police were not available for comment. 

Takaful’s statement came as about 100 demonstrators from an ethnic Indian youth group and other non-governmental organisations demonstrated outside Takaful’s headquarters in downtown Kuala Lumpur Tuesday, calling the apology inadequate. 

"The apology we want is for this man (Mohamed Fauzi) to be reeducated and retrained … so that the same kind of hate mail does not reappear,'’ said Charles Santiago, a protest leader with the Group of Concerned Citizens. - AP 

The full text from the website 

OFFICIAL STATEMENT ON EMAIL REGARDING DEEPAVALI GREETINGS  

Takaful Malaysia would like to stress that the contents and views of the email regarding the Deepavali Greetings do not in any way represent the views of Takaful Malaysia. 

As per Takaful Malaysia’s previous statement on the issue, we would like to apologise for any confusion and ill-feelings that may have arose from the email. Takaful Malaysia wishes that this issue has been clarified and solved following the views attributed to Sahibul Samahah Perak State Mufti and Selangor Darul Ehsan State Mufti as reported by The New Straits Times on 15th October 2006 (It’s no sin to say Happy Deepavali). 

Last but not least, Takaful Malaysia would also like to take this opportunity to wish all Malaysians of Hindu faith a very Happy Deepavali. 

Thank you 

Takaful Malaysia Website 

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