1. INTENTION OF THE MEMORANDUMThis Memorandum is intended to express the concerns over the insensitivity of the magazine Al-Islam, its journalist, its editor and its publisher who were responsible for the publication of the article ‘TINJAUAN AL ISLAM DALAM GEREJA – MENCARI KESAHIHAN REMAJA MELAYU MURTAD’ (“Impugned Article”) that appeared in its May 2009 issue.
2. THE OBJECTIVE OF THE MEMORANDUMTo convey the severity of these inconsiderate acts that are disclosed in the Impugned Article and to express hope that The Honourable, The Minister, will take appropriate action against those responsible including such actions as are appropriate against the editor and publisher of the magazine itself.
3. STATEMENTS FROM THE IMPUGNED ARTICLEThe following particulars are extracted from the Impugned Article:
3.1. The journalist, Muhd. Ridhwan Abdul Jalil @ Erwanz received news that Malay adolescents (remaja) suspected „murtad‟ were converting to Christianity.
3.2. From undisclosed source(s), the journalist was informed that many had embraced Christianity after being persuaded and being offered various inducements such as monthly allowances and that their tuition fees will be paid for.
3.3. That these young Malay „murtad‟ congregate at Church every Sunday morning.
3.4. From their undisclosed source(s), the journalist was informed that Christians who have successfully converted the students from Centres of Higher Learning will be rewarded monetarily. If they convert a Malay, their monetary reward would be higher.
3.5. On Sunday at 8am the journalist and his friend appeared in a Church. The service was in English.
3.6. The journalist and his friend proceeded to another church at 11 am. A church that was close to Puduraya Bus Station.
3.7. While waiting for the Church service they found that those present at the Church premises were from, inter alia, Sabah and Sarawak and that they looked like Malays.
3.8. At 12noon, the journalist and his friend entered the Church and participated in the service.
3.9. During the service, the journalist partook in Holy Communion by receiving the white bread (host) from a priest.
3.10. The journalist having received the Holy Communion (host) in his mouth removed it later, photographed the same and published it in the Impugned Article.
3.11. That the journalist and his friend did not find any cases of conversion of Malay adolescents (remaja) as alleged by his sources.
4. VIOLATION OF CATHOLIC BELIEF
4.1. Fundamental and central to the Catholic belief is the Holy Communion, the wafer or white bread/host that is transformed into the body of Christ during the Mass.
4.2. It is a tenet of the Catholic faith that only Catholics who have been adequately instructed on the doctrines of the Faith are eligible to partake in Holy Communion.
4.3. In this respect anyone who is not a Catholic or who has not received the requisite instruction is not permitted to receive Holy Communion. This is announced strenuously at Mass before the congregation is invited to receive Holy Communion.
4.4. By violating the sanctity of the Holy Communion as described above in paragraph 3.10, the journalist showed utter disrespect for the sensitivities of others, and Catholics in particular.
4.5. This sacrilegious act of the journalist is an unprovoked attack on the fundamental belief of the Catholic community.
4.6. Regrettably it was not just the act of the journalist that had breached this fundamental belief of the Catholic community, rather, it was the blatant disrespect shown by the editor and publisher of Al Islam in publishing the Impugned Article.
4.7. The acts, conduct and lack of respect shown by these persons have filled the Catholic community with outrage, shock and disbelief!
4.8. Such callous acts on the part of the journalist, the editor and publisher of Al-Islam have only added fuel to the racial and religious polarisation that has besieged this nation.
5. POLICE REPORT
5.1. Against such abuses, two members of the Catholic community, K. Sudhagaran Stanley and Joachim Francis Xavier (“complainants”) had lodged a police report on the Impugned Article.
5.2. The police report was lodged at the Jalan Patani police station in Penang on 8th July 2009. The investigations are however carried out at Dang Wangi police station at Kuala Lumpur by Investigating Officer Inspector Terwaris (Tel No. 019 424 8148).A copy of the Police Report is attached herewith and marked as Annex 2.
6. OUTRAGE FROM THE PUBLIC
6.1. Since the Impugned Article was made public, many have expressed outrage over the unrepentant misconduct of the journalist and the audacity of the editor and the publisher of the magazine Al-Islam for publishing the Impugned Article.
6.2. YB Khairy Jamaluddin expressed himself over the Impugned Article in his blog as follows,“THE ACTIONS of a journalist from Al-Islam magazine of going undercover to two Catholic Churches during Sunday mass, consuming and spitting the Holy Communion wafer - what Catholics believe to be the flesh of Christ himself - out of his mouth before photographing it, can only be described as appalling and offensive. As Leader of Barisan Nasional and UMNO Youth and as a Muslim, I have no reservations whatsoever in condemning this instance of unethical journalism, grounded in both disrespect and ignorance.”
6.3. The Honourable Member of Parliament for Rembau went on to state that,“Everyone involved in the researching, writing and publishing of this article should have considered the fact that Muslims already find it offensive when non-Muslims do not observe basic courtesies expected when in a mosque, like taking off shoes and covering heads. They should further imagine their own reactions if someone went undercover in their local mosques, pretend to worship as a Muslim and made a mockery of congregation prayer. I suspect Al-Islam failed to consider the fact that the gravity of their own actions were similar to this hypothetical situation where the sanctity of the Muslim place and act of worship are violated. And this is at the heart of the problems we face as a multi-cultural and multi-religious society - people simply do not stop to think about another community's legitimate interests and sensitivities by positioning themselves from another's perspective before acting.”For completeness a copy of YB Khairy’s statement is attached herewith and marked as Annex 3.
6.4. Such outrage drew concerns on the level of respect and tolerance accorded to religious communities. The Christian Federation of Malaysia had this to say,“Firstly it is not proper or acceptable for adherents of one religion to spy on worshippers of another. Matters of faith and belief are personal, and it should not be the case that citizens of Malaysia should be made to live in fear of professing and practising the religion of their own free choice in public.”A copy of the article is attached herewith and marked as Annex 4.
6.5. Some have expressed outrage in that the Impugned Article afflicts inter-religious understanding in this country. Farish Noor in his article said,“This, then, is the root of our problem today and the revelation of the report in al-Islam is just the tip of the iceberg. If we are worried about the impact that such reports may have on inter-religious understanding in the country, we ought to be more worried about the social environment that produced such reporting in the first place, and which sustains the readership of such divisive material. We are, in short, in a mess.”A copy of Farish Noor’s article is attached herewith and marked as Annex 5.
6.6. The foreign press too had reported the controversy surrounding the Impugned Article. The Associated Press reports religious minorities fear that their rights are being sidelined. We quote their report as follows,“The investigation poses a fresh challenge for the government in its efforts to reduce religious friction in this ethnic Malay Muslim-majority country, where religious minorities have complained that their rights are being sidelined in favor of Islam.”A copy of report is attached herewith and marked as Annex 6.
6.7. There were many other reports and statements that have raised similar outrage and sentiments over the Impugned Article. Suffice for the purpose of this Memorandum a few of the statements are mentioned above to impress upon the Honourable Minister the severity and concerns expressed over the Impugned Article.
7. OUTRAGE BY THE CATHOLIC COMMUNITY
7.1. The Catholic community remains in disbelief over the conduct of the journalists.
7.2. Martin Jalleh a fellow Catholic had expressed himself as follows,“Sadly, your disrespect knew no bounds. You chose to abandon all human and religious decency with impunity as a journalist and a Muslim. Under pretense of being a Catholic you participated in the church service and even partook of the Holy Communion (a white and sacred wafer) strictly meant only for Catholics.You consumed the white wafer which Catholics hold as very sacred and treat with utmost reverence, and both of you spat out the remnants, photographed it and published the picture in an article entitled “Tinjaun Al Islam Dalam Gereja:Mencari Kesahihan Remaja Murtad” which was published in the May 2009 issue of the Al Islam magazine.”“The sensitivities of Catholics have been completely ignored. Indeed, the latest episode is but a blatant act of contempt towards our religion.”
7.3. Another Catholic, Gregory Chan had this to say,“Such conduct and behaviour is intolerable, inexcusable, unjustifiable, outrageous and, above all, criminal. In such circumstances, justice has to be allowed to take its course, and due process of the law must take place. I want these journalists to know and understand that there are consequences to their actions. I want these people who think they are at liberty to desecrate our rituals, our sacred liturgy, and our most Holy Eucharist on the pretext of ferreting out "murtad cases" to understand that such misguided and unfounded belief does not afford them a defence. Such belief does not give them the licence to commit what Catholics regard as sacrilege, to desecrate what we hold as holy, sacred, reverent and sacrosanct.”
7.4. The profound sadness of the Catholic community arising from the Impugned Article cannot be over simplified or brushed aside.
8. CONCERNS OF INACTION FROM THE AUTHORITIES
8.1. Concerns have now been expressed that there appears to be inaction on the police report and on the part of the relevant authorities in bringing to book those responsible for the Impugned Article.
8.2. Some have written open letters to declare outrage over the inaction with respect to the Impugned Article. We quote one letter written to Malaysiakini by Dr. Jacob George as follows,“Prime Minister Najib Razak is on record that serious action will be taken on those who offends any religion or religious practices in the country.One of the penal sanctions which may be considered in this matter is the law applying to sedition.Of late, I see many individuals been hauled up for allegedly insulting religion without first ascertaining the facts.I'm wondering what ever happened to the police report filed by Joachim Francis Xavier on the actions of monthly Malay-language Al-Islam magazine.”
8.3. Another concerned person expressed his views in a letter to the editor of The Herald over such inaction as follows,“Like any other Catholic, I too feel very sad and unhappy at the response from the authorities regarding the episode on our very precious Holy Eucharist.I feel as though our hands and legs are tied and we cannot do more in seeking justice towards the great wrong done towards our Faith and the statement in our Rukun Negara – Kepercayaan kepada Tuhan.”
8.4. It appears that the authorities are slow to investigate and act on matters where rights of religious minorities in this country have been violated. Such sentiments were expressed recently in a letter to the editor of the Herald where it was said,“Sesungguhnya Ekaristi merupakan puncak hidup seorang umat Katolik. Kita telah diajar bahawa kita harus menghormati Tubuh Kristus, berpuasa dan dibaptis terlebih dahulu sebelum layak menerima Tubuh Kristus. Ekaristi merupakan lambing pengorbanan Kristus diatas kayu salib dan sebagai tanda kehadiran Kristus.Tubuh Kristus pernah dicemari oleh dua orang wartawan Islam yang masuk ke Gereja kerana mencari kesahihan sama ada umat Islam murtad.Mereka menyiasat dan mengikuti tatacara liturgi Gereja sehingglah sanggup menerima Tubuh Kristus.Sehingga kini, masih belum ada apa-apa tindakan terhadap dua orang wartawan tersebut. Tidak ada tindakan daripada pihak berkuasa, ataupun kenyataan daripada pihak mereka.Tetapi anehnya, sembilan orang Kristian ditangkap pula di UPM, selepas beberapa pelajar membuat laporan polis. Wah! Begitu cepat sekali tindakan telah diambil.”
8.5. The perception remains that no action will be taken against those responsible for the Impugned Article.
9. REASONS FOR SUCH PERCEPTION
9.1. Such perception is not without basis. Previous incidents abound where the authorities have failed to take to task those responsible for instigating religious disharmony.
9.2. One such incident is the act of the Mufti of Perak, Haji Harussani Haji Zakaria who in November 2006 alleged that Muslim students of the Ungku Omar Polytechnic were to be baptised by national mariner Datuk Azhar Mansor! This saw the presence of about 500 Muslims protesting in front of the Catholic Church of Our Lady of Lourdes in Ipoh following a widely circulated SMS.
9.3. The church was not converting Muslims but instead was holding the First Holy Communion Mass (one of the rites of initiation to the faith) for 98 Catholic children, many of whom were traumatised by the sight of a threatening mob.
9.4. The mufti blamed the presence of this mob on the SMS sent out by a woman. Again no action was taken against the mufti, and the authorities remained mute (on both occasions) over his misconduct.
9.5. Granted that the acts of the mob at the church in Ipoh were only conducted outside the perimeter of the church but we note with concern that without firm action from the authorities on the aforementioned incident, others have now seen it fit to enter the compound of the church to not only descrate what the Catholics have held as holy and sacred but to publish such insidious acts in a magazine for all and sundry to read without a thought that such acts will offend the Catholic community.
9.6. This progression of misconduct lies at the heart of our concern. The continued silence by the authorities over past misconducts appears to legitimise subsequent misconducts. Unless those responsible are brought to justice, there will be others in future who will treat such inaction as a license to act and continue other atrocities without fear of the law and consequences of their action to the detriment of religious minorities in this country.
10. THE LAW
10.1. It is for these reasons that laws have been enacted to act as a deterrent to those who incite religious disharmony.
10.2. Section 295 of the Penal Code states that it is an offence,“… to defile damage or destroy any object held sacred by any class of persons, with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage, or defilement as an insult to their religion…”
10.3. Section 298A of the Penal Code states that it is an offence,“… to cause or attempt to cause, or do any act that is likely to cause disharmony, disunity, or feelings of enmity, hatred or ill-will; or prejudice or attempts to prejudice, or is likely to prejudice, the maintenance of harmony or unity, on grounds of religion, between persons or groups of persons professing the same or different religions….”
10.4. Similar provisions are available in the Printing Presses & Publications Act 1984 that provides for sanction against the journalist, the editor and the publisher which includes suspension and revocation of their printing and publication licenses.
10.5. The authority to act, investigate and prosecute in accordance with these laws lie with the various agencies that are under the auspices of the Honourable Minister and the Attorney General.
11. 1 MALAYSIA
11.1. The Federal government has now promoted the concept of 1 Malaysia. The Honourable Prime Minister explains the goal of 1 Malaysia as follows,“1Malaysia is intended to provide a free and open forum to discuss the things that matter deeply to us as a Nation. It provides a chance to express and explore the many perspectives of our fellow citizens. What makes Malaysia unique is the diversity of our peoples. 1Malaysia’s goal is to preserve and enhance this unity in diversity which has always been our strength and remains our best hope for the future.”
11.2. If the objective of 1 Malaysia is to preserve and enhance unity of our people, then sadly the Impugned Article has done just the reverse.
11.3. The Honourable Prime Minister has recently called on the police to investigate those who have made seditious remarks.
11.4. The Honourable Prime Minister was quoted as follows,“The Sedition Act not only can be applied in cases of seditious statements made against Islam, but against other religions and races too.If we insult someone and the insult can cause friction (among the people), then action can be taken under the law."
11.5. We reiterate our hope that the Honourable Minister will do likewise and bring to justice those responsible for the Impugned Article.We look forward to swift and immediate action in the matter by the Honourable Minister.
God Bless,
Catholic Lawyers Society Kuala Lumpur
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