Malaysia not tanah Melayu . . . Tanah Melayu misnomer for gov’t reserves British created on Orang Asli land

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Chenchoon Pung, Under the Definition of Malay in Article 160(2) in the Federal Constitution, Dusun Muslim can’t be classified as Malay unless they were born or domiciled in S’pore or Malaya before Merdeka, 31 Aug 1957.

Chenchoon Pung, The 1st Prong and 2nd Prong in the Definition must be read together.

Dusun is an ethnic group.

Malay is not an ethnic group but form of identity in S’pore and Malaya for Muslim governed by the Merdeka cutoff line.

The following is from a FaceBook post which does not appear in this Blog . . .

This fictional story is inspired by real events.

“I am 70, a Dusun Muslim from Ranau and a retired senior civil servant. I am sharing this while Malaysia is promoting the “Keluarga Malaysia” idea during a time which I consider to be the most divided era among Orang Malaysia.

I grew up not taught anything about racial and religious distinction. I mixed well. My friends were just friends, not one race or another. It just feels different now.

I was born in a far away Dusun village in a Muslim family. I later in life learnt that my father, who lived a life farming, fishing the river and hunting wild boars, embraced Islam along with many in his village. Since many years ago, we stopped identifying ourselves as Dusun. Our documents such as our identity cards, described our race as Malay.

I went to a secondary school in Papar where I lived in a hostel, sat for my Senior Cambridge exams. I didnt do well (aggregate more than 35 units) but I got admitted to the Sabah College, then one of the top schools in Sabah offering sixth form. I was just happy with that and it wasn’t until years later when I became aware that a few of my non-Bumiputera classmates whose SC scores aggregated in the teens and 20’s, weren’t admitted.

I didn’t know why until I grew out of my mai ette. All those that I knew went on to find work.

I was blissfully ignorant and happy and enjoyed, along with several of of Papar Bumiputera schoolmates, our two years in 6th form. I got through my Higher School Certificate. As a boy from the village, I had no guidance from home but the system (as I grew to understand) seemed to take control. I got enrolled in a university, graduated and got a comfortable job in a ministry. A govt job is easy, as I found out.

Promotion came without me trying because there weren’t many Bumiputera graduates like me.

I got married. My wife is also a Bumiputera graduate and we combined for a pretty handsome family income.

Many years and promotions later, opportunities descended upon me and I found that I could take a sabbatical to pursue a PhD , with full pay, no loss to my seniority of service, my wife and two kids in tow. By now I understood that my being a Bumiputera and a Muslim had everything to do with my good fortune.

Our children grew. They enjoyed free education. Even the Islamic classes after school were free. Everything is there for the asking. My children all completed university and we don’t remember ever having to pay anything significant.

In the midst of life’s ebb and flow, my wife and I went for our Haj partly funded by our Haj savings plan and mostly through a combination of govt Haj programme and at our places of work.

Our children are adults and having their own families. The “system” that sustained me has sustained them and will sustain their offsprings.

Me?

From a passive beneficiary, I have become an active-say-nothing gatherer of all the benefits and more.

Let me explain.

I know the flip side of all the benefits that have benefited me and family all my life will create future generation of less capable and less competitive individuals.

I have learnt enough to acknowledge that iron sharpens iron in competition and absence of it dulls.

My children’s abilities and potential.

But what do you expect me to do?

I would be accused as a hypocrite if I speak out against a system that I benefit from.

My family and contempories will call me an idiot.

I will cause an uproar for nothing.

As for the notion that this system will ultimately produce a generation of Malay-Dusuns with warped values and culture and no competitive instincts, I guess I will leave that to my children and their children.

Me?

I am retired. I have my pension. The govt looks after me well. I am planning my Umrah which I don’t expect to pay for.

Life is good if I don’t ask too many questions.

People living in glass house must not throw stones.

Universiti Sains Malaysia, USM, has done DNA studies on this phenomenon.

Besides being from the Indian subcontinent and Arab states, the so-called Malay in Malaya are Minang in Negeri Sembilan, Yunnan in Terengganu, Aceh in Perak, Riau in Johor, Champa in Perak, Kedah and Kelantan, Mandailing in Perak, Jawa in Johor and Selangor, Bugis in Johor and Selangor, Rawa in Perak, Jambi in Johor, Selangor and Perak, Batak in Perak and Penang, Banjar in Selangor and Johor and Kurinchi in Selangor.
Listen to soft instrumental for 15 to 20 mins before bed to calm the emotions for a restful night . . .

https://m.facebook.com/story.php?story_fbid=10159459696328620&id=522048619

Let’s focus on the Definition of Malay in Article 160(2).

This is an artificial construct, an aberration in law, bad law, aided by the British colonialists who first codified Malay as an administrative term.

By its very wording in the 2nd Prong, and in contradicting the 1st Prong, and vice versa, the Definition does not exist in law as if it never existed.

There’s case law that states that Malay is not race.

The case law contradicts itself when it mentions anthropology since, in that case, Islam should not be in the Definition. Islam is not anthropology in the Archipelago and the Indian subcontinent, among other places.

https://m.facebook.com/story.php?story_fbid=1634581790052025&id=100005006597850

INTRO: The sources for the following blog piece are evident in the content and self-explanatory. Unfortunately, many people don’t understand English. So, they post irrelevant hysterical comment pieces in Malay in the social media.

Hindu and Buddhist from southeast Indìa came to the Archipelago for missionary activities, education, trade and administration and STAYED.

History cannot be based on collective amnesia, driven by taqiyya (deliberately lying) and kitman (lying by omission) to advance “the cause of Islam”, among others, for example.

Jesus said, “you shall know the truth, and the truth shall set you free”.

“The truth, once it emerges, cannot be hidden.”

“It will be shouted from the rooftops.”

Read the Definition of Malay in Article 160(2). It’s not about looks, colour or race.

After Merdeka — 31 Aug 1957 — the only Malays by law are the descendants of those listed as Malay by 31 Aug 1957 in Singapore and Malaya. Non-Malays who convert to Islam after Merdeka remain non-Malay. After 1965, Singapore amended its Definition of Malay under Article 152 to remove Islam as a qualification to be Malay i.e. Malays in Singapore can leave Islam and still remain Malay.

The Definition is a form of identity. In Malaya, Malays who leave Islam cease to be Malay.

Again, the Definition is not about race, DNA, rumpun, Archipelago or Austronesian. The identity covers Muslims from many different races from the Archipelago, Indian subcontinent, and the Gulf States, among others.

Malay, the lingua franca of the Archipelago, was based on a Cambodian dialect, Tamil, Sanskrit and Pali. There’s no Malay race.

The British colonialists fought wars from the late 1600s with Bangkok to hack away the southern part of the southern Kra Peninsula from the Kingdom of Siam. Their interest was to plant rubber and mine tin. The Anglo-Siamese Treaty, signed in 1909, saw Bangkok give up the southern half of the Kra Peninsula to Britain.

The sultanates in Malaya were created from toll collecting rivermouth points, as territorial states, by the British colonialists. These states were named after the main waterways.

The British stopped toll collection, gave the sultans an annual purse in compensation, and built roads and the railway.

Malaysia belongs to those who have NCR land in Borneo and Malaya.

Article 161A states that only the indigenous people in Sabah and Sarawak are Natives.

The Aboriginal Affairs Act 1954 covers the Orang Asli in Malaya.

In Sarawak, in Bidayuh country for example, the local Chinese have leased NCR land from the kampung people for farming.

The Bidayuh refer to such land as “tanah Cina”.

That does not mean such land belong to the local Chinese and/or is part of China.

Malaysia is not tanah Melayu. Tanah Melayu is misnomer for gov’t reserves the British colonialists created by gazette on Orang Asli land in Malaya. Such land is untitled and can be degazetted and returned to the Orang Asli or used for public purposes.

The gov’t reserves were used to resettle squatter colonies of various Muslim immigrants, communicating in Malay with each other, to be away from land the British needed to plant rubber and mine tin.

The so-called Malays in Malaya were pendatang who came after the first Indians and Chinese.

The people who chased the Orang Asli into the mountains, even enslaved (sakai) them, disappeared from history. In “Origin of Malay Nationalism”, Professor William Roff wrote that more than 85 per cent of Muslims in Malaya in 1885 were immigrants or descendants of immigrants.

The west coast of Malaya was the circulation corridor between southeast India and south China. The Tamils were the first people to settle down in Sumatra. The Tamils are still there in northern Sumatra.

The first people to come to Malaya, 40, 000 years ago, were Negrito from the mountains of Kerala, southwest India.

The Negrito are still there in the mountains of Malaya and Kerala.

The Negrito came to Kerala 70, 000 years ago from east Africa.

The people of Kerala are known as Malayalee. It means people (alee) of the hills/mountains (Malay) in Malayalam and Tamil. Malayalam, the language of Kerala, means hilly/mountainous (Malay) world/place (alam).

Kerala means coconut groves.

Malaya, in English, comes from the Tamil and Malayalam hills/mountains (Malay).

Indians set up the Kadaram civilisation in Kedah. This paved the way for Malacca, Penang and Singapore. Malacca was set up by Parameswara, a Hindu Indian prince from Palembang, Sumatra. He was not “Malay” although he may have spoken Malay, the lingua franca of the Archipelago. The Definition of Malay, under Article 160(2) was only created in 1957.

Kadaram is Tamil for “place with many shops”.

Kedah comes from kedai, Tamil for shop.

There were many Chinese traders in Kadaram.

Read further here . . .

https://m.facebook.com/story.php?story_fbid=10157494966956094&id=177896126093

The 1st Prong — culture, customs, traditions — of the Definition contradicts the 2nd Prong — not race.

Briefly, the 2nd Prong of the Definition in Article 160(2) reads that (a) Muslims, able to speak Malay, and born before Merdeka in Malaya or Singapore, or born of parents one of whom was born in Malaya or Singapore, or is on that day (i.e. Merdeka) domiciled in Malaya or Singapore are Malay; and (b) the issue of such a person i.e. in (a) is Malay.

The Definition was about creating a form of identity for Muslims in Malaya and Singapore who are governed by the Merdeka cutoff deadline.

Given the construction of the 2nd Prong, on what basis does the 1st Prong refer to Malay culture, customs and traditions, when Malay in the 2nd Prong is not race but a form of identity for the Muslims concerned?

There’s case law in Malaya that states that the Definition of Malay in Article 160(2) is not race but anthropology.

Palm Oil (Malaysia) Sdn Bhd v. Che Mariah Mohd Tahir (Trading as Delta Mec Enterprise) [1994] 3 CLJ 638.

If it’s anthropology, Islam which came from a place far away, from Gujerat in western India, would not be mentioned in the Definition.

Clearly, the said case law does not stand.

Anthropology in the Archipelago covers paganism and animism, an ancient form of Hinduism and Buddhism, an Indic religion.

It cannot be said to cover the Abrahamic religions.

https://fernzthegreat.wordpress.com/2020/01/10/no-malay-race-in-the-world-no-malay-civilisation/

Malay language, based on Cambodian, Tamil, Sanskrit and Pali, lingua franca of the Archipelago, originally written in Indian script.

The Malay language was not originated by a race.

The Malay language is almost completely derived from Sanskrit, and the early literature is predominantly based on the Ramayana and the Mahabharata.

Even today, a major portion of Malay vocabulary is made up of Sanskrit words.

Today, when a Malay speaks a sentence of ten words, probably five to seven of them will be Sanskrit words and the remaining either of Arabic, Tamil, Hindi, English, Chinese, Persian or of some other origin.

Words such as putera, son; puteri, daughter; asmara, love; samudra, ocean; belantara, jungle; kencana, gold; sukma, soul; and literally thousands of other words are all Sanskrit words, either in original or in modified form.

https://en.wikipedia.org/wiki/List_of_loanwords_in_Malay

Read further here . . .

I meant the area was dark, Baling MP says on controversial comment

https://www.freemalaysiatoday.com/category/nation/2020/07/14/i-meant-the-area-was-dark-baling-mp-says-on-controversial-comment/

If he was born after Merdeka in Singapore or Malaya, or came after that, he’s not entitled/not eligible under Article 160(2) to hold a Malay MyKad unless his father was classified as Malay before Merdeka.

Zahid Hamidi came from Java in 1965. That means he’s not eligible/not entitled to hold a Malay MyKad.

https://www.malaysiakini.com/news/534234

Pot calling kettle black Baling MP Abdul Azeez Abdul Rahim should propose to the backdoor PN gov’t to sponsor whiteners for him and Batu Kawan MP Kasthuriraani Patto instead of continuing to display his prejudice in Parliament.

Both can be snowy white like Michael Jackson.

Also, does he qualify under the Definition of Malay in Article 160(2) to hold a Malay MyKad?

If not, how did he get his Malay MyKad?

If he’s listed as Indian in the MyKad, how did he get into Umno to represent Baling?

Umno President Zahid Hamidi is another strange case.

Apparently, he came from Java in 1965.

So, he’s not eligible/not entitled to hold a Malay MyKad under Article 160(2). His MyKad should read Lain Lain.

Mahathir, in a distortion of the Constitution, claims that he has only spoonfuls of blood (Indian), otherwise he’s Malay.

There’s no Malay blood in Article 160(2), no tanah tumpah darah ku bla bla bla.

Worry about the Orang Asal frogs, masquerading as leaders, and latching on to Melayu YouKnowWhat in Malaya and subscribing to the cium tangan cium pantat syndrome to fill their pockets at the expense of MA63.

The Federal gov’t will NEVER comply with MA63 until and unless the 57 Borneo MPs form a united, neutral, independent bloc in Parliament AND the Orang Asal form a united, neutral, independent bloc in the state assembly AND the state assembly INVOKES Article VIII of MA63 for a new form of self-determination.

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.

52 thoughts on “Malaysia not tanah Melayu . . . Tanah Melayu misnomer for gov’t reserves British created on Orang Asli land”

    1. https://m.facebook.com/story.php?story_fbid=10158816666238620&id=522048619

      The bottomline is that Malaya, and Malaysia, are not tanah Melayu. History cannot be based on collective amnesia driven by taqiyya (deliberately lying) and kitman (lying by omission) to advance the “cause of Islam”.

      I have always felt that Umno will finally decide that they have no choice but “share” Malaya with DAP. That’s something that Umno failed to do with PAP.

      It’s better that Umno has half the cake rather than try to get the whole cake and fail miserably. DAP, like PAP, can get the whole cake by contesting every seat, win or lose, in Malaya. DAP should stay out of Sabah and Sarawak. They belong to the Orang Asal.

      Umno and DAP, along with the other parti parti Malaya, must also quit the Borneo states.

      History repeats itself.

      Will Umno make the same mistake with DAP that it did with PAP.

      Those who forget the mistakes in history are condemned to repeat them.

      Repeating mistakes, and expecting a different and better result, is the Definition of Insanity.

      Like

  1. Great,the truth is now revealed to the public.
    I hve historical books to substantiate with evidences that Indians ruled SEA n the world including Malaysia from the 1st century until abt 15th century, n further they hve known to hve ruled most of the Nations indirectly until abt 18th century.
    I hve a Malaya Archepelago map with all the towns named in Tamil.

    Like

  2. Malay,

    Sabah and Sarawak are NCR (native customary rights) land and belong to the Orang Asal.

    The tanah Melayu in Malaya are actually gov’t reservation land, created by gazette by the British colonialists, on Orang Asli land.

    Liked by 1 person

  3. This is a very good article. Relates. Should read a book on Bujang Velley: The Wonder that was Ancient Kedah By. Dr. Nadarajan. It should lift off the pseudo definition of The Malay that is presented to the young generation in Malaysia. Truth can never be hidden. It’s always best to be proud of the past and know the truth instead of confusing the future. Like the way Indonesia is by and large. Expose the past and be transparent. Sometimes ago Bujang Valley in Kedah was sealed for a purpose to manipulate facts. It was impossible. We cannot forgo a 4,000 Hindu history to the Islamic arrival which is just 1500 odd years old. Arabic rigion were barbaric then.

    Liked by 1 person

    1. We have to take our cue from the Definition of Malay in Article 160(2).

      Having said that, this is an artificial construct, aberration in law, bad law.

      It does not exist as if it never existed.

      There’s no Malay race in the Definition of Malay in Article 160(2).

      Liked by 1 person

  4. Great, as one predict ,someone will be send to speak, to tell n bring the truth of m,sia. God will send someone to save m,sia. N please be fast for till now we.r still at the mercy of a tyrant who once also try to change Malaysia history n create a new malaya civilisation

    Liked by 1 person

    1. Jesus said, “you shall know the truth, and the truth shall set you free”.

      “The truth, once it emerges, cannot be hidden.”

      “It will be shouted from the roof tops.”

      When the truth about the Earth orbiting the sun emerged, it was shouted from the rooftops.

      Truth is about an eternal law based on eternal truths. These have a spiritual nature.

      The Holy Bible, the Word of God, is about the spiritual nature of truth.

      Word of God refers to eternal laws on eternal truths. Again, these have a spiritual nature.

      Mathematics and physics are the nearest to God. Mother Nature is the Will of God.

      God exists if you feel God exists, although God may not “exist”.

      God does not “exist” if you feel God does not exist, although God may exist.

      God helps those who help themselves, no matter how you feel about God, whether God exists or does not exist. Faith in yourself is faith in God. God and us are inseparable.

      Jesus said, “if you have faith, even though it be as tiny as a grain of mustard seed, you can say to this mountain, ‘uproot thyself and plant thyself in the sea’, and it would obey you”.

      Faith can move mountains.

      God does not interfere in human lives i.e. the collective.

      God is not about the collective, but the individual, the personal, the personal experience.

      Elsewhere, the Holy Bible is also about history, literature and philosophy.

      Philosophy is just fantastic explanations for things which cannot be explained.

      Liked by 1 person

      1. O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.

        Like

  5. The sources for the above blog piece are evident in the content and self-explanatory. Unfortunately, many people don’t understand English. So, they post irrelevant hysterical comment pieces in Malay in the social media.

    Liked by 1 person

    1. I appreciate your statement & open mind history of Malaysia. Just want you to understand about Malay State example Perak, Selangor, Johor, Pahang & other what race & culture control this state before Merdeka. Hopefully, you are the honest fact to share with us

      Like

      1. Universiti Sains Malaysia, USM, has done DNA studies on this phenomenon.

        Besides being from the Indian subcontinent and Arab states, the so-called Malay in Malaya are Minang in Negeri Sembilan, Yunnan in Terengganu, Aceh in Perak, Riau in Johor, Champa in Perak, Kedah and Kelantan, Mandailing in Perak, Jawa in Johor and Selangor, Bugis in Johor and Selangor, Rawa in Perak, Jambi in Johor, Selangor and Perak, Batak in Perak and Penang, Banjar in Selangor and Johor and Kurinchi in Selangor.

        Like

        1. Yes, thank you for your studies sharing …if not bother can you share with me that journal studies are better I can read all statements & studies about this matter

          That same also in China have many ethic like Han, Hui, Zhuang &, etc – https://en.wikipedia.org/wiki/List_of_ethnic_groups_in_China

          Also same like India country many ethichttps://en.wikipedia.org/wiki/Demographics_of_India

          Two countries have many ethics but still in have common name China & India but why Malay we cannot call other ethic like Minang, Jawa, Champa, Aceh & dll is Malay also ?

          Like

          1. You are MISSING the point. You didn’t read my Blog piece.

            Malay is a language. The Malay Archipelago is named after a language, not a race.

            The Malay language was not originated by any so-called Malay race.

            Javanese, Minang, Aceh, Champa, Bugis etc are OTHER languages.

            You can’t refer to Javanese, for example, as Malay just as you can’t refer to Punjabi as Tamil.

            Indian is nationality based on citizenship arising from the rule of law, not race. Anyone can go to India and become an Indian citizen. There are Han in India who are Indian citizens.

            For example, Sonia Gandhi from Italy is an Indian citizen.

            Likewise, Chinese is nationality, not race.

            My focus is not on your so-called scholarly studies but LAW.

            The DEFINITION of Malay in Article 160(2) in the Federal Constitution is about a form of identity, not race.

            That’s backed up by CASE LAW cited in the Blog piece.

            The Constitution is colour blind.

            There’s no race in the Constitution.

            The Constitution is about the rule of law.

            Like

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