Categories
Activism Liberty Society

[1256] Of Lina Joy case is more than a mere procedural matter

Is the Lina Joy case is a procedural matter?

There are those that insist it is but I strongly beg to differ. Saying the case is procedural in nature downplays an issue that receives great attention from many sides that have stake in the ruling of the case. On the surface, I would agree that the case is about procedural in nature. If one looks at the issue beyond skin deep however, this is about a conflict of rights.

I was surprised to read procedure being forwarded as the cause of this confrontation. The procedure-based argument understates the issue so much that I feel there is a gross misunderstanding of the issue at hand. Or maybe, it is an act of downplaying an explosive and divisive issue. I could not care less if it were specifically, exclusively about procedure but I care because it is not. If this case were about procedure, what a pitiful society we all live in, arguing on matter of little significance. In my humble opinion, our society deserves a little bit of respect as far as this case is concerned.

The truth is, there are two groups that matter in this case. One emphasizes on individual rights and another emphasizes on community rights. From a neutral point of view, the overlapping area of the rights is the crux of this whole debate.

The fraction that stresses on individual rights is without doubt the liberals. The liberalism, at least classical liberalism, places the sovereignty of the individual on the individual. Individual is free to do whatever he wishes with his person and properties as long as he respects others’ person and properties.

The other side however demands the sovereignty of an individual be transferred to the society. In other word, sovereignty of the individuals is the pregorative of the society. The religious conservatives in particular, from my observation, insist that a higher being or god rules sovereign over individuals. The community then acts on behalf of that god and takes over the sovereignty on the individual on the behalf of god. As far as the case is concerned, Lina Joy’s religious belief is god’s prerogative and by implication, it is the community’s prerogative.

Between the two, the latter does not recognize difference in belief or religious freedom while the former does. If one is to draw a Venn diagram, the overlap is obvious where the content of the universal set is claims to rights.

By Mohd Hafiz Noor Shams. Some rights reserved.

The source of contention is freedom of belief. Individual rights demand religious freedom while community rights do not but both stake claim for it. Therefore, the question we need to ask and answer is, which rights should take priority? For liberals, the answer is obvious.

As long as this is left unanswered, the issue — the contest of ideologies — the blurriness will stay. Furthermore, saying the Lina Joy case is a question of procedural tantamount to sweeping the dust under the carpet; attributing the case to procedural matter does not solve the matter.

If we as a society would like to come to a common ground, the first thing we need to do is to acknowledge the root course. Attacking the symptoms, which is too common in Malaysia, does nothing.

After all, just as was mentioned by Jonson Chong at a forum on Lina Joy ruling organized by DAP that I attended earlier this week, the law is an mean, not an end.

Categories
Education Liberty Society

[1253] Of coercion, cohesion, unity and liberty within the Malaysian education system

The issue of vernacular schools funded by public money is a very difficult subject for me. The difficulty arises due to choices involving coercion, cohesion, unity and liberty.

For liberals, the racially divided Malaysian society is a painful reality to live in. The history and nature of our society give rise to our current predicament where most issues could be seen through racial lens, be it right or wrong. Our education and political systems reflect exactly that primitive thinking that we suffer.

Before I progress further, the importance of education must be emphasized. Liberals in general, including libertarians, place education very high in their list. Through my readings, the birth of liberalism would not be possible without the accessibility of knowledge to the masses. It is through knowledge, or education, that individuals could fully appreciate personal responsibilities, placing the individuals — the basic unit of a society — on a higher plane compared the situation in a centralize society. Liberalism at its heart is about trust in the individuals; the trust that one shall respect others’ same rights. It is trust that individuals are able to do good. Aristotle’s words describe part of that trust: “I have gained this by philosophy: that I do without being commanded what others do only from fear of the law“. It is through this trust, through personal responsibilities that one frees oneself from shackles imposed by tyrants. Without education, it is hard for any one of us to build that trust. Lack of education provides fertile ground for dictatorship.

Education is the sculpture of a society. It is a tool. The greater the education level of individuals, the greater the possibility of a creation of a freer individuals and freer individuals create freer society; liberal society. For liberals, primitive communal thinkings do not appeal to them.

The tool could be used to eliminate the primitive division we suffer. This is why the education system receives so much attention, at the very least by liberals, within our society. Liberals understand the gravity of the matter. We understand that the education system could mole a new society that would do away with outdated communal-based politics.

There are liberals that believe the promotion of multicultural society to erase the legacy of divisive communal politics from Malaysian society. They would actively promote the creation or the enhancement of multicultural society — such policies are called multiculturalism — to answer the division that could very much lead to clear expressed bigotry. Once, this appealed to me but I found a clear hint of coercion in multiculturalism. That leads to my rejection of multiculturalism. That however does not mean I reject multicultural societies. I enjoy diversity but I do not wish to have such societal characteristic to be stuff down my throat to suffocate me.

One aspect of multiculturalism through Malaysian context, at least, I seem to think so, is the rejection of vernacular system and promotion of a religiously unbiased national system with the national language as the medium. Through this, tolerance, which is a goal of multiculturalism, would be achieved. After all, inculcating tolerance in the young is easier than trying do to the same thing for an already bigoted adults.

Rejection of multiculturalism however left me grappling to answer a question: how do we overcome this primitive communal politics without multiculturalism? Could a source of bigotry be solved with coercive cohesion at the expense of liberty? Is the liberty so sacred to liberals — libertarians — worth bypassing the unity that all liberals dream of?

The questions relevant to the Malaysian education system, with all those factors in mind is this: should the vernacular system be abolished in favor of national system in the name of unity or should it be left as it is in the name of liberty, for fear of forcefully committing active assimilation against others’ will?

My status quo position until now was the abolition of the vernacular system and placing full support for the national school. Of course, the support for the national system requires qualification and few of them are meritocracy and independence from religion.

Through limited time that I had to contemplate on the matter, I have come to a conclusion that strengthens my trust in the individuals. It is a conclusion that satisfactorily breaks the dualism between coercion and cohesion, between unity and liberty; it is possible to achieve cohesion without coercion, liberty with unity.

This is how: as mentioned earlier, education is the sculpture of a society. Greater level of education introduces greater possibility of one thinking for oneself. This enables one to trust oneself, breaking away from superstitions and illogical orthodoxies, creating confident individuals that rely on the mind to move forward towards enlightenment and beyond. The ability to self-regulate transfers sovereignty from leaders or society, benevolent or malevolent, to individuals.

Higher education level increases the possibility of the birth of another liberal individual, regardless of strain, or at least, individuals that respect others’ liberties. If all liberals are allergic to the communal politics and to an extent accept that vernacular system promotes communal politics and are concerned with coercion and liberty, they would support the national system without actively depriving others of opportunity to vernacular system, assuming all else the same, assuming all qualifications that I stated earlier are incorporated. As the education level of the population goes up, there will be a point that most would like to do away with vernacular education system and thus, only one system that is supported by public money. For a liberal that values tolerance, he would try to inculcate the liberal value in his child and he would likely enroll his child in a system that offers exposure to tolerance. Between a national and a vernacular system, there is more exposure opportunity to tolerance in the former. Hence, the liberal would choose the national system over vernacular system, with all else being the same. Through this, slowly but surely, we will phrase out the public-funded vernacular system without coercion.

If my reasoning is sound, then what we need to do is to increase the quality of our education system to create a less communal politics within our society. This would mean that all we need is the patience and resilience to improve the quality of our education system and eventually, through that system, a quiet revolution for a liberal society.

Categories
Society

[1252] Of Article 152 of the Malaysian Constitution

The Malaysian Information Minister Zainuddin Maidin declares that the new (or old; flip-flopping that is common under the Badawi regime makes the old-new dichotomy useless) Malaysian national language is the Malaysian language.

KUALA LUMPUR: Bahasa Malaysia will again be the official term to be used to refer to the national language.

In a unanimous decision last April, the Cabinet felt that reverting to the term Bahasa Malaysia would help inculcate a sense of belonging for all citizens irrespective of race, said Information Minister Datuk Seri Zainuddin Maidin. [Back to Bahasa Malaysia. The Star. June 4 2007]

But Article 152 of the Malaysia Constitution says the national language is the Malay language.

Do tell me if there is a translation error. Or, do tell me if the Constitution is a worthless piece of paper. If the Constitution is worthless, then the time is ripe for a spring revolution!

Categories
History & heritage Society

[1225] Of to protect status quo, rewrite history and ignore Srivijaya

In my childhood, there were many intriguing movies that launched my imagination to its wildest limits, challenging preconceptions. One of them was the Neverending Story. Falkor the luckdragon never truly left my imagination, even as I come to appreciate the real world. The Neverending Story is a work of fantasy but the truth is, we all live in a never ending story that is history. The pages of history have been written on and on since the writing exercise first began ages ago, a time long forgotten. To me, embracing history as a whole is an effort to embrace truth. I try so much to learn my own history and that have caused me to stumble against those that would rewrite history for their own gain, denying truth. Malay history has been one of the victims such rewrites.

Explaining such rewriting and denial was the initial reason why I brought up the question of Srivijaya in the first place. I was sidetracked but such digression was temporary as I am proving it here right now. The good thing about the digression is that it proves that there is denial that there was an advanced Malay civilization before Malacca, before Islam became the dominant religion in this region.

The religion of the Malays is of great sensitivity. I am in the opinion that it is not about Islam in particular however. If the Malays were primarily Christians, or Buddhists or members any other belief, the scenario of strong bias towards status quo would be played all the same. I believe that the greatest factor that contributes to the denial of Malay history before Malacca, is not religion per se but is power.

In Malaysia, the constitution defines a Malay as a Muslim. This has allowed the definition of a Malay to be both restricted and widened. It is restricted because non-Muslim Malays are not legally Malays. It is widened because those in the past that would not consider as Malays like Javanese or Indians may now be legally considered as Malays, as long as they are Muslims.

Islam has become a crucial component of Malay culture. In the Malay language, the influence of the language of Islam, Arabic, is easily noticeable. Islam and the culture of Arabs itself are deeply intertwined despite clear differences. This has confused many Malays. The result of that confusion has caused some Malays to identify Arabic culture as Malay, while Malay culture as foreign.

This Islamic identity, or indeed, generally all religions, has always been used to legitimize the power of the day. In the past and even now, the sultans are seen as the ultimate defenders of the faith. So powerful this perception was that even the colonialists from the islands in northwest Europe would affirm the sovereignty of the sultans over matters of religion of the Malays. Do not mind the loss of the homeland to the British but do not touch religion; “pantang” the Malays of those days would say.

The sultans nowadays have little power, even in matter of religion. The real shot callers are those in the upper echelon of UMNO. These members of the Malay political party depend on the support of the majority of the Muslim Malays. Reason is, the commonness between the rulers and the ruled is the source of power which UMNO derives from. The more religious conservative group on the right obviously emphasizes more on religion.

In a cold world, I find commonness as a source of warmth. In a function full of strangers, I would work to find friendly faces, avoiding awkward moments of making new friends or personae non gratae. Even in Ann Arbor at the very beginning, I found comfort in fellow Malaysians. Really, in a fellow Malay Collegian. At the Malay College, I was never close to that friend but only when we were on the other side of the planet did we really connect. That is how commonness affects me and quite possibly, many others.

History justifies the commonness we experience. History explains how we got here, how we met, how we treated each other, etc. The power of history cannot be underestimated. History justifies the endless conflict between the Israelis and the Arabs. History justifies the two world wars. History justifies our prosperity. History justifies our cooperation to build a better world.

Those in power, or simply aspirers, need to justify their authority. The sultan of Johor, Alauddin Riayat Shah II, through his bendahara, Tun Sri Lanang, justified his reign by claiming lineage to Malacca and all the way to Alexander the Great. Odd, is it not, for the justification that came in form of Sejarah Melayu, skips the Buddhist Srivijaya before Malacca and goes all the way to an arguably Islamic hero that lived in Macedonia?

Regardless, for Malaysia, or maybe, just the Malays in Malaysia, it is the Sultanate of Malacca.

As mentioned earlier, the Malay heritage goes beyond Malacca and to Srivijaya. If we trace Malay heritage to anything earlier, we might get back to China and end up in Africa but who knows.

As suggested, the reason why the Malays did not go beyond Malacca is religion. Malay leaders derive their power from the religious or simply cultural commonness that they share with the Malay people (Malays as defined in the federal constitution). Further, the justification of that commonness is the Islamic Malay Sultanate of Malacca. Those of interest that hazardously affect others or just the ignorant, claim that Malacca is where Malay shared history began. It was the origin of our commonness, they say. Conveniently, they ignore the part when the Malays were different, when they were the great traders and sailors of old.

While Islamic, Malacca was established by a Hindu Malay Srivijayan prince, Parameswara; the first king of Malacca argueably converted to Islam at the end of his life. In the same Malacca, Hang Tuah allegedly said, “takkan Melayu hilang di dunia” (the Malays will never varnish); Malacca became the next torchbearer of the Malays, picking up the pieces where Srivijaya left after being butchered by the Cholas from the west, Majapahit from the east and the Sukhothai from the north. It was as if history conspired to wipe the Malays off the planet at that particular point of time, at the turn of the second millennium.

The act of reaching out to Srivijaya, beyond Malacca however could disrupt the commonness the Malay leaders and the typical modern Malays share. An acknowledgment of the greatness of Srivijaya, one of the possibly two golden ages of the Malays, means acknowledging that the Malays as an ethnic or a race has never been always Muslim. The Malays were animists, Hindus, Buddhists, etc. The notion that the Buddhist Srivijaya was great could render the justification of that commonness which is the source of authority as irrelevant. Through the loss of commonness, shift in influence and power would occur, rearranging complex equation of power, creating new status quo.

For those that benefit from being in power, so much is at stake. They could not afford to see such adverse shift and would do anything to prevent the slightest shift that might contribute to their downfall, turning legitimacy to illegitimacy. That anything includes rewriting history; writing history to justify their authority instead of writing history for honest recording purposes.

Sadly, two of the victims of these lies are Srivijaya — along with many other states such as Langkasuka, Gangga Negara and many others that walked the Malay Peninsula — and truth.

Categories
Society

[1220] Of BBC versus Scientology

Heh:

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Go the BBC! Go John Sweeney. Now, the BBC should interview people from PAS!