‘Tanah Melayu’ gov’t reservation land so-called Malays occupied, must be returned to Orang Asli


The so-called Malays didn’t come out from the ground or fall from the sky.

‘Tanah Melayu’ is gov’t reservation land so-called Malays occupied, it must be returned to Orang Asli.

Malay Reservation Land was first introduced in 1914 as the Malay Reservation Land Law. It then evolved into the Malay Reservation Enactment in 1935 and is still used until today.

The Perlis Mufti is mixing religion, language, with nationality, and colour, no “dominant race” in Malaya.

The first people in Malaya . . .

Tanah Melayu is a misnomer for Orang Asli land the British seized to create gov’t reserves.

The British colonialists seized Orang Asli land in Malaya to create gov’t reserves by gazette.

Some of these reserves were given to Muslim squatters, labelled Malay for administrative reasons, to get them out of the way where the British wanted to plant rubber and mine tin.

The Malays referred to these gov’t reserves as “tanah Melayu”.

The so-called Malays defined in Article 160 were not the first people in Malaya.

Besides Article 8, the Orang Asli in Malaya can also refer to Article 5 “right to life” and Article 13 “property rights”.

The Orang Asli came 40, 000 years before the Malayan gov’t. The Negrito (Semang) came from Kerala, south west India.

The Malayan gov’t cannot claim, in law, that the Orang Asli are squatting on state land.

The Orang Asli have Adat, based on customary practices, which has force of law.

Adat is international law.

Again, the Orang Asal came first. The gov’t came much later, hundreds and even thousands of years later. The gov’t, for example, cannot pass legislation to state that the Orang Asal are squatting on state land. Law cannot be backdated.

Article 5 of the Constitution guarantees the “right to life” and property rights. No one’s property can be acquired by the state without compensation. The state can only acquire property for public purposes, not for private use.

The point on Definition of Malay . . .

Many people are still missing the point.

Read the Definition of Malay in Article 160. This is an artificial construct, an aberration in law.

It’s bad law. It does not exist, as if it never existed.

The Malays, in fact, do not exist. They have never existed. Malay is a misnomer.

Malay should not be mentioned in polite society.

Language is no proof of race. I speak English as my primary language. That doesn’t make me an Englishman.

The Malay language was the lingua franca in the Archipelago before the advent of the West in the region.

Lingua franca means a language used by various communities, all having their mother tongues, to communicate with each other in a common medium.

The Malay language has also been carried to the Cocos Keeling Islands, Sri Lanka, South Africa, and Surinam in Latin America.

If ever a Malay people existed in the Archipelago, i.e. speaking the Malay language as their mother tongue, it’s not reflected under the 1st prong in the Definition of Malay in Article 160 of the Federal Constitution.

There’s no evidence of a Malay race, so to speak, speaking only Malay. Every Malay speaker, i.e. those classified as Malay, has his mother tongue i.e. Malayalam, Tamil, Bugis, Minang etc

Generally, the Malays in Article 160 are Tamil, Malayalee, Pathan, Yemeni and Turks (only adherents of Islam among these communities, from India, were re-classified as Malays); and Bugis, Javanese, Minang, and Aceh (only adherents of Islam among these communities, from what is now known as Indonesia, were re-classified as Malays).

Briefly, the Definition in the 2nd prong holds that Muslims able to speak Malay, and either born or domiciled in Singapore or Malaya, by Merdeka 31 Aug 1957, are Malay.

Their descendants are also Malay.

Patently, the Definition is not about DNA, race, history, geographical origin, Natekaran, Valiangkati, First Nation people, Orang Asal, Indigenous, Aborigine, Native, rumpun Melayu, Kepulauan Melayu, Nusantara, Archipelago or Austronesian.

Hence, it’s a contradiction in terms to speak in the Definition’s 1st prong of those in the 2nd prong practising Malay culture, customs, and traditions. The issue is not only subjective but highly debatable.

Islam identity for Arabs . . .

Some people, claiming to be from Hindraf Makkal Sakthi, say that Islam was not created by the 3rd Caliph.

Uthman ibn Affan (Arabic: عثمان بن عفان‎, romanized: ʿUthmān ibn ʿAffān), also known in English by the Turkish and Persian rendering Osman (579/583 – 17 June 656), played a major role in early Islamic history, and is known for having ordered the compilation of the standard version of the Quran.

So, Islam was in fact created by the 3rd Caliph to give an identity to Arabs. He compiled and codified the Quran in Arabic from Aramaic and sources in other languages.

The Arab identity is about believers degenerating into tribalism and feudalism and going to war against non-believers (kafir).

In fact, Islam was also about getting away from tribalism and feudalism.

There’s no reason for non-Arabs to be Muslim as the identity is about being Arab.

The Arab identity and literature must be viewed separately by the rest of the world.

In Arabia, they are one and the same.

The LATEST . . .

Tamil Tiger “terrorists”, who think they have since hijacked Hindraf Makkal Sakthi, claim the Negrito (Semang) who came to Malaya from Kerala 40, 000 years ago, are “monkeys”.

The morons don’t seem to realise that monkeys have 48 chromosomes, human beings have 46.

Hindraf is a hydra and cannot be hijacked. It’s many headed. You hijack one head, or cut off one head, two grows in its place.

The tails of the hijackers will be cut off, shuffed in their mouths, doused with kerosene, and set on fire.

Tamil Tiger ‘terrorists’, bent on hijacking Hindraf Makkal Sakthi, place themselves in harm’s way by threatening violence.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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