Kenyataan Presiden PPMM berkenaan isu LGBT

Kenyataan Presiden Persatuan Peguam Muslim Malaysia oleh Dato Hj Zainul Rijal Abu Bakar berkenaan isu LGBT dan hujah balas terhadap Barack Obama

His Excellency
Mr Ambassador Joseph Y. Yun
United States Ambassador to Malaysia
The U.S. Embassy in Malaysia
376, Jalan Tun Razak,
50400 Kuala Lumpur,

Dear Sir,
RE: STATEMENT MADE BY THE US PRESIDENT BARACK OBAMA ON THE NOTION THAT LGBT RIGHTS, SAME-SEX MARRIAGE SHOULD BE RESPECTED BY STATE (MALAYSIA)

We refer the above matter.
2. We, Muslim Lawyers Association of Malaysia (Persatuan Peguam-Peguam Muslim Malaysia [PPMM]) wish to put on record our objection against the remarks made by the US President Barack Obama regarding the LGBT issues, during his visit in Malaysia, recently.

3. PPMM is upset and perturbed by the news report, stated that the US President Barack Obama is saying that government policy on civil marriage should be equal for all persons (including LGBT community). People of different sexual orientation deserved respect and dignity "like everyone else,", as the response from question by a bisexual youth from Thailand, named Dara at the US Young Southeast Asian Leaders Initiative (YSEALI) held at Taylors University, Kuala Lumpur on 20 November 2015.

4. As a non-profit organisation consist of Muslim lawyers and legal practitioners in Malaysia, we feel alarmed to response to such statement on the issue of LGBT, that we believe is disrespectful to the stand and position taken Malaysia and insensitive to Muslim community at large. In addition, Malaysia highest law the Federal Constitution should be upheld at all time.

5. Article 3(1) of the Federal Constitution clearly states that Islam is the religion of the Federation, in which we believe that Islamic values shall be upheld and maintained by the government and it is one of the core identities of the nation. The teachings of Islam as well as the various other religions practised within Malaysia clearly prohibit any notion of same sex relationships. This includes marriage, which is governed by the various state legislative enactments in force throughout Malaysia for Muslims, and by a federal civil law for non-Muslims.

6. Malaysia has consistently uphold the position of not condoning LGBT related activity and movement in which translate to numbers of states legislated offences against the LGBT community which binding Muslims citizen.

7. We duly noted the decision of US Supreme Court in Obergefell v. Hodges case, 5-4 decision in 26.06.2015 that ruled the same-sex marriage was constitutional and legal across the country. However, the decision in this case shall not be compelled to other sovereign states, such as Malaysia, that uphold different core moral values. In Malaysia, we are subservient by our religious and traditional core values that develop our identity.

8. Further, we wish to remind the US Government that in Malaysia, the recent Federal Court decision of the case of Muhamad Juzaili and others, on 08.10.2015, overturned the Court of Appeal’s decision in November 2014 that the Shariah law on anti-cross dressing was declared unconstitutional and void. Albeit the decision is made on judicial technical basis, the status quo in Malaysia is that the LGBT related criminal offence is still a valid and enforceable law, in particular Section 66 of the Negeri Sembilan Syariah Criminal Offences (Negeri Sembilan) Enactment 1992, which makes it a shariah offence for cross-dressing to Muslims.

9. On the same breath, we also do not condone any act of interferences to one’s personal life such as punishing, doing harmful act or even killing of any person including the LGBTs save and except allowed by the law.

10. Based on the above, we believe the US President Barack Obama are not in the position to utter such statement, fully knowing the stand and position taken by Malaysia and sensitivity of Muslims in this country, regarding the LGBT issues. He shall not interfere and meddling in the affairs of other nations such as Malaysia on the basis of spreading western moral values and notions of human rights. The ‘grundnorm’ of the Malaysian societies must take precedent above and over importing the international values which are alien to the Malaysian soil.

11. We wish to record our objection and further demand the US President to immediately retract his statement made above and offer an unreserved apology to Malaysia on his remark relating to LGBT issues. We have faith that the U.S. Embassy in Malaysia shall communicate our grave concern and objection to the White House.

12. Should you need further clarifications on Islamic Laws matter, our association is willing to come forward and discuss them so that you would appreciate further on the Islamic tenets and appreciate the ideas from the mainstream Muslims. As a civil society we are very open in discussing the above matter and share our experience in Malaysia.

13. We fervently believe as a government who has declared respecting human rights such as the United States of America’s government would also respect the right of the mainstream Muslims in Malaysia.

Thank you.

Sincerely,

……………………………….
Dato Haji Zainul Rijal Abu Bakar
President
Muslim Lawyers Association of Malaysia


"Syariah Diperkasa, Kredibiliti Terbina"