Categories
History & heritage Liberty Society

[1848] Of Sultan of Selangor’s definition recalls the Malay Annals

Sultan Sharafuddin Idris Shah of Selangor defines the social contract as “compromise between the rulers and subjects as well as between Malays and non-Malays.”[1]

This is a new definition when compared to the typical understanding of the subject. The conventional understanding refers to the willingness of the Malays to accept various non-native migrants as citizens on the condition that the special position of the Malays is respected always.[2]

I do not agree to such unwritten contract. The only contract I hold is the non-aggression axiom, which in many ways given the current environment, it satisfyingly embedded in the Constitution. There is room for improvement but the Constitution does provide a good point to begin any journey of similar nature.

If such social contract as conventionally defined really had existed, it would be outdated anyway and incapable of moving this country forward. It unfairly condemns newer generations to mistakes of the past.

My opinion notwithstanding, the definition employed by the Sultan, while new, actually tries to reach back as far as the time the Malay Annals was compiled and edited by Tun Sri Lanang in the early 17th century in Johor. The concept of a contract between the king and the people was articulated by the Malay Annals more than 100 years earlier than Rousseau, the author whom popularized the actual term “social contract”.[3][4]

In the Malay Annals, the so-called contract between the monarchy and the Malays is mentioned during a conversation between Sri Tri Buana, the Prince and Demang Lebar Daun, the minister representing the Malays in time when Palembang was the center of the Malay universe.[5]

Sri Tri Buana as claimed by the Malay Annals traced his lineage back to Alexander the Great. The veracity of the claim made by Tun Sri Lanang in the Malay classic is suspect but such claim is typical of effort to legitimize the rule of any monarchy, including that of Johor. Tun Sri Lanang was the Bendahara, or the Prime Minister, within the royal court of Johor at the time and the Sultan of Johor then was the direct descendant of the last Sultan of Malacca originated from the royal court of Palembang.

As one can see, even without the grand claim to Alexander, the lineage of the Sultan of Johor at that time was already impressive, reaching back to the days of Srivijaya. But Tun Sri Lanang needed to reposition the royal line to assume more Islamic tone while discarding the Buddhist and Hindu past.

Back to the conversation, Sri Tri Buana was requesting for the hand of Demang Lebar Daun’s daughter in marriage. The marriage here is really symbolic to the partnership between the royalty and the Malay people.

The latter would only consent to the marriage if the Prince would agree to two conditions. Firstly, the daughter must never be banished from the palace. The second condition demands, as translated by Sabri Zain,[6]the descendants of your humble servants shall be the subjects of your majesty’s throne, but they must be well-treated by your descendants. If they offend, they shall not, however grave their offence, be disgraced or reviled with evil words: if their offence is grave, let them be out to death, if that is in accordance with Muslim law.”

The Prince quickly agreed to the conditions.

Upon agreeing to the condition, Sri Tri Buana wanted Demang Lebar in return to agree “that your descendants shall never for the rest of time be disloyal to my descendants, oppress them and behave in an evil way to them.”

Both further agreed that if one or the other departed from the undertakings, the pact would become undone by itself.

But is that the Malaysian social contract?

It seems as if the idea from the Malay Annals is being combined to the conventional definition.

Like the idea of Bangsa Malaysia, the Malaysian social contract is becoming so nebulous that it basically could assume so many definitions. As for me, I have mentioned before, I prefer the simpler non-aggression axiom.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — SHAH ALAM, Nov 30 — De facto PKR leader Datuk Seri Anwar Ibrahim yesterday blamed Prime Ministergo to table a motion of no confidence against the government. [Social contract means compromise, Selangor Sultan explains. Leslie Lau. The Malaysian Insider. December 7 2008]

[2] — See Social Contract (Malaysia) at Wikipedia. Accessed December 9 2008

[3] — See Malay Annals at Wikipedia. Accessed December 9 2008

[4] — See Social Contract (Rousseau) at Wikipedia. Accessed December 9 2008

[5] — Page 25 – 26. Sulalatus Salatin: Sejarah Melayu. Tun Sri Lanang. Edited by A. Samad Ahmad. Dewan Bahasa Dan Pustaka. 1997

[6] — Sejarah Melayu: A History of the Malay Peninsula. The Tuah Legend. Sabri Zain. Accessed December 9 2008.

Categories
Sports

[1847] Of outrageously disappointing

Watching the Malaysian national soccer team playing in the AFF Suzuki Cup just now is a heartbreaking experience. Call me stubborn but I always hold hope for the national team even when others are so pessimistic of it. That is probably why it hurts every time the team loses. The match that Malaysia lost just now is doubly painful because we could have come out better but failed.

The score was two all when an unbelievable goal was scored against Malaysia very late in the game. With the national goalkeeper standing so far from his goal line at the edge of the penalty box, a Vietnamese player had the audacity to try his luck from the middle of the field. And it outrageously went in. Malaysia tried to fight back but the final whistle came too soon.

Malaysia came into the second match against Vietnam with a win in hand. With Thailand stays await in the third and final tough group match, Malaysia really needed to do well against Vietnam, especially so when Malaysia and Vietnam are equal in terms of strength. If Malaysia had drawn with Vietnam, Malaysia would only need to draw with Thailand. Malaysia could have drawn with Vietnam if the third Vietnamese goal had not gone in. The third goal is so out of this world that I am still having trouble digesting it.

All hope is not lost of course. Malaysia could theoretically advance to the next stage by beating Thailand, if Vietnam failed to match Malaysia’s goal difference. There is hope but Thailand is a regional power house. It is going to be a tough game.

To make the situation more depressing, it is unlikely for Laos to come on top of their match against Vietnam. Not only Laos is a lowly minnow, Laos would really have no incentive to give any resistance to Vietnam in their final match, especially if Thailand is to win against Laos — the ongoing match — which is very likely. The ongoing Thailand-Laos game is likely to become a goal fest in honor of all Thais all around the world.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

p/s — by half time, it is 4 for Thailand, nil for Laos.

Categories
Economics

[1846] Of forward indices, forward!

Is the Malaysian economy in trouble? Or rather, was it in trouble in September?

Judging by the latest lagging, coincident and leading indicators, the answer to the question is not really in the positive.

The Coincident Index (CI), a measure of current economic activity, decreased by 0.1% in September 2008 registering at 123.6 points. Negative change was recorded by Index of Industrial Production (-0.3%), real salaries & wages (-0.2%) and real sales in manufacturing sector (-0.1). The six-month smoothed growth rate of CI remain positive at 0.2% in the current month.

The Leading Index (LI) moved up 0.8% to reach 158.8 points in September 2008 as compared to 157.5 points in the previous month. Two out of the eight existing components posted an increase, namely, real money supply, M1 (0.8%) and number of housing permits approved (0.8%). The six-month smoothed growth rate of LI recorded an increase of 1.2% in the current month.

The recent trend of the LI six-month smoothed growth rate indicates that the Malaysian economy is expected to sustain its slow growth in the month ahead. [Malaysia Economic Indicators – Leading, Coincident And Lagging Indices September 2008. Department of Statistics Malaysia. Assessed December 7 2008]

It was slowing down but not as bad as feared. The Lagging Index for September especially was higher when seasonally adjusted to the year before.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

p/s — The Bank Negara totally needs an RSS feed.

Categories
Liberty Politics & government Society

[1845] Of status quo for the monarchy

Various anecdotes insist that the act of placing a baht note in your pants back pocket is a terrible faux pas to commit in Thailand. It is because all bills have a portrait of Thai King Bhumibol Adulyadej and placing one in that particular pocket is a sign of disrespect. More so if a person actually sits on it. As it goes, anybody caught doing so by the Thais would be admonished, or sometimes worse.

Though the veracity of the anecdotes is unconfirmed, the message is clear: the Thai monarchy commands tremendous respect from the people of Thailand. This enables the King to exert some influence in Thai politics especially in times of turmoil. Perhaps envious of their counterpart up north, several Malaysian royal houses are looking to play greater roles and claim greater power within Malaysian society. Whether that is a good idea is debatable.

This idea first came to mainstream consciousness in recent times when the Thai monarchy apparently brought the country’s political deadlock to an end. This proved to be temporary but at that particular time, it inspired Malaysians to turn to the monarchy in search of ways to challenge the Barisan Nasional-led government.

In a time when the Barisan Nasional government exercised stifling control over almost all tools of the state to silence disagreements towards its policies, it did not take much of a nudge for many Malaysians to imitate their neighbor up north. Bersih, in particular, held a huge rally to raise concerns to the Yang di-Pertuan Agong, in protest of the executive arm of the state.

The support for the monarchy was further strengthened when the royal houses of Terengganu and Perak were deeply involved in the appointment of the Menteri Besar of the respective states. The Sultan of Terengganu rejected the BN-preferred candidate for the MB post, preferring a person more palatable to the taste of the royal house. In Perak, the Sultan played an active role in the appointment to the state’s highest executive office and in doing so effectively resolved the uncertainty that followed immediately after the March 8 general election.

Both episodes demonstrated the capability and the usefulness of the institution. The monarchy proved that it could provide leadership when the situation requires so.

Nevertheless, this does not necessarily mean the monarchy deserves an expansion in role or in power. Rather, it is just the case that the status quo works.

While the status quo works, the role of the monarch over society may have been overstated. Just as Thailand inspired Malaysians to turn to the monarchy, the case for overstatement also inspired the events in Thailand as turmoil riddles the country.

This was seen during the September 2007 coup d’état by the Royal Thai Army. Almost immediately after tanks secured Bangkok, the military rushed to the palace to obtain endorsement from the King. The endorsement however came after the military coup happened, not before. Regardless whether the King was in favor of the military coup mounted against an elected government, the King could have acted merely as a rubber stamp. In a practical sense, it was the military that gained control of Thailand, not the King.

It is true however all the successful coups had the endorsement of the Thai King while the ones that failed — namely in 1981 and 1985 — did not get royal endorsement.

Yet, the military’s action was more or less aligned with the People’s Alliance for Democracy, the group opposed to former Thai Premier Thaksin Shinawatra and the two successive Thai Prime Ministers allegedly tied to him.

PAD positions itself as royalists and assumes yellow — the royal color — as its own. It has frequently accused its rivals of being disloyal to the King. With an association like that, it is hard not to disagree with the PAD without being accused as disloyal, especially in a country which makes criminal any criticism against the royal house.

The frequent accusations of disloyalty however have brought suspicion that the PAD is manipulating its relationship with the royal class to forward its own agenda with gross disrespect for the democratic process.

In any case, Bersih was a show of organic power and hardly had anything to do with royalty. As much as many would want to believe, there is not enough proof to show how receptive the Malaysian King was to the movement. Bersih, like PAD, only associated itself with the monarchy as a strategy to pit the executive and the institution to forward its own agenda.

The democratic process itself is not sacred since from time to time, tyranny of the majority does occur. Democracy does suffer from failure, especially when all its checks and balances have been exhausted.

Early liberals held a deep suspicion for democracy because of the fear of tyranny of the majority. Voltaire, for instance, advocated enlightened absolutism where idiocy of the masses is kept in check while preserving liberty and everything relating to the Enlightenment.

This is the same thinking PAD is applying in rationalising its action. It argued that the majority of Thais — the rural voters — are not educated enough to do the right action, like voting properly. By using this argument, it could basically reject any democratic outcome against its favor and refer to the King who, in its view, is an enlightened monarch.

Liberal thoughts however do not stop at Voltaire, and classical liberals distrust absolutism as much as crass majoritarianism. Evolution of ideas later introduced the concept of liberal democracy superior to Voltaire’s. The monarchy is replaced by a liberal constitution which ferociously defends individual liberty from infringement by the majority.

The reason for the superiority of liberal democracy to an enlightened monarch is obvious: not all monarchs are enlightened. And enlightened monarchs do not exist all the time either. Voltaire, somehow, overlooked this.

In the case of Malaysia, the country has neither an absolutist nor a liberal constitution in its purest sense. The county does however, perhaps, have several enlightened monarchs who are able to rise above the noise to appeal to the greater good. And there is some security over individual liberty in this country. The imperfections in the protection of liberty by the state may sometimes call upon the enlightened monarchs to play, in some ways, part of the role that Voltaire advocated.

Thus, the monarchy finds itself as a check and balance apparatus. In times when the power of the executive is beyond disgust, the resurgence of the monarchy to check the excesses is most welcome.

It has to be noted that the idea of checks and balances imbeds within the system parts which are capable of limiting the power of the other parts and vice versa. If one part has the ability to overwhelm the other, however, the idea of checks and balances simply loses its meaning.

The same applies to the monarchy. If invested with greater power, chances are the monarchy will stop functioning as part of a check and balance mechanism. The greater power could upset any balance that exists in Malaysia at the moment.

And one of the easiest ways to upset the balance is to grant all nine monarchies in Malaysia with immunity. Immunity will place any royalty above the law, well beyond the reach of any check and balance mechanism.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

A version of this article was first published in The Malaysian Insider.

Categories
Politics & government

[1844] Of creative clarification is like creative accounting, it is bullshit

Old but Wan Azizah said:

SHAH ALAM, 29 Nov 2008: Parti Keadilan Rakyat (PKR) wants to restore the royal veto power and the dignity of the constitutional monarchy.

That restoring of veto power means the Agong will have the discretion to reject certain types of legislation passed in Parliament before they are gazetted and enforced as laws.

“PKR is prepared to restore the immunity of the royalty in the spirit of constitutional monarchy,” she said in her speech at the opening of the party’s fifth national congress here today. [PKR wants royal veto power restored. The Nut Graph. November 29 2008]

This happens after a person belonging to the Negeri Sembilan’s royal house called for the restoration of immunity for the royalty.

Seriously, surely PKR is not that desperate. Surely, after becoming the largest opposition party on the federal level and controlling several state, PKR is not desperate at all.

She later backpedaled:

Later in a press conference, Wan Azizah clarified that the party does not support the restoration of absolute immunity of the royalty as called for by the Regent of Negeri Sembilan, Tunku Naquiyuddin Tuanku Jaafar, recently. [PKR wants royal veto power restored. The Nut Graph. November 29 2008]

Clarified? That is redefinition, not clarification.

Then somebody tried to save the day:

To a question in the press conference, deputy president Dr Syed Husin Ali further explained that the party wants only the restoration of veto legislation power to royalty, and will not touch on restoring royal immunity from prosecution. [PKR wants royal veto power restored. The Nut Graph. November 29 2008]

Yes, I will buy that 100%. Or not.

I find it hard to link restoration of “the immunity of the royalty” to the “restoration of veto legislation power to royalty”. That is one incredibly large leap of logic to make. In fact, the connection sounds more like faith than logic. I am not prepared to do that.

Regardless, much later, according to a constitutional expert, Dr Shad Saleem Faruqi:

”The Agong never had veto power. He could delay a bill, question it, warn and give advice, but if he continued to delay it, he would end up contravening Article 40(1), which states that he is to act in accordance with advice of the cabinet, except on certain provisions where he may use his discretion, under Clause 2 of the same article,” Shad told The Nut Graph. [Agong never had veto power. The Nut Graph. December 3 2008]

I wonder what was PKR trying to achieve?