It is final. There will be no changes to Article 121 (1A) of the Federal Constitution, says Prime Minister Abdullah Ahmad Badawi.

Clause (1A), inserted following an amendment in 1988 to stop Muslims from leaving Islam, has been interpreted as forbidding the civil courts from encroaching into the jurisdiction of the syariah courts.

Abdullah Ahmad Badawi said there was no need to either repeal or amend the clause which kept both the civil and syariah legal systems running parallel to each other.

He said clause (1A) had now become contentious with both Muslims and non-Muslims calling for constitutional changes to protect their respective religious rights.

"To me, Article 121 (1A) certainly does not need to be amended. There may be subsidiary legislation that needs to be reviewed but the clause should remain. It should not be amended," he told reporters in Kuala Lumpur late this evening.

He said the attorney-general was currently meeting various parties on the issue.
"The deliberations will be reported to the cabinet through me".

Clear definition

He said the constitutional provision under Article 121 (1A) already defines civil and syariah jurisdictions clearly.

"There is no confusion whatsoever there, except maybe on the point of facts. On the point of law, it is very clear.

"If there are other laws pertaining to this issue that need to be reviewed or amended, then it should be done. But this particular clause should not be repealed," he reiterated several times.

Abdullah was asked on the raging debate sparked off by the death of Mt Everest climber M Moorthy who was buried a Muslim last month after his widow failed to get a court order to claim his body for Hindu rites.

The ensuing public outcry from both Muslim and non-Muslim communities led Abdullah to call for a review of related laws that created problems for people within a religious context.

At today's press conference, he said a healthy debate is where the controversy is kept under control by limiting discussions to objective arguments without getting emotional or by digging up issues which could stir up public or racial sensitivities.

He urged everyone to consider the manner in which such debates could be held in a multi-racial and multi-religious society like Malaysia.

"One mistake in what we say or how we speak could give rise to a bad situation which no one wants to see happen."

Asked on a suggestion by Muslim groups to allow non-Muslims to appear before the syariah court for remedy in similar cases, he said it is already allowed.

"I think they are allowed. As far as I'm concerned, they are allowed but perhaps they are reluctant to appear."

Minority protection

On the memorandum submitted by the nine non-Muslim ministers, he said it was handed to him after the last cabinet meeting on Wednesday.

"I haven't had a chance to read it yet. I've been busy these last few days with preparations involving the 9th Malaysia Plan, which also explains my absence at certain public functions."

The ministers were asking for the rights of religious minorities to be protected.
Asked if their action went against Barisan Nasional unity, Abdullah noted that it was an unusual development and explained it as an expression of a collective view.

"I don't know why they acted this way. Perhaps they wanted to give a combined opinion. I would have preferred it if they had raised the matter during the meeting instead of submitting a memorandum to me."

He confirmed that the ministerial memorandum was a first in the country's history.

"This has never happened before. Ong Ka Ting handed it to me saying 'This is on the issue'. So, I said okay and accepted it."

As the memorandum was submitted to him and not tabled before the cabinet, Abdullah said he will read it and forward its views for discussion next Wednesday where the signatories will be allowed to speak.

Non-Muslims, led particularly by the Malaysian Consultative Council for Buddhism, Christianity, Hinduism and Sikhism, are clamouring for changes to Article 121 (1A).

But constitutional lawyers and human rights advocates oppose the idea of tinkering with the clause and have called for a judicial interpretation to reflect the spirit of the constitution more accurately.

Abdullah earlier launched an anthology of poems by A Samad Said at the National Archives.