JPN should explain if Zahid Hamidi holds Malay MyKad

https://www.malaymail.com/news/malaysia/2021/04/08/report-anwar-alleges-fake-leaked-audio-with-zahid-bersatus-ploy-to-bring-do/1964754

LETTER TO EDITOR . . .

Malaysian parliamentary Opposition Leader Anwar Ibrahim is clearly trying to save the Javanese, Zahid Hamidi, with the allegedly bogus Malay MyKad. He must be holding a Malay MyKad, definately bogus, since he’s Umno President. We can’t simply look the other way on the issue.

The audio appears genuine unless proven otherwise in court based on subject matter expert testimony.

The voices in the audio belong to Anwar and Zahid.

What is bogus is Zahid’s Malay MyKad. His MyKad, if he’s eligible to get it, and entitled to hold it, should read Lain Lain.

Apparently, in Zahid’s own words as well on TV in Indonesia not so long ago, he came to Malaya in 1965 i.e. after Merdeka, 31 Aug 1957, the cutoff line to be classified as Malay in S’pore and Malaya. The descendants of those classified as Malay in S’pore and Malaya are Malay.

Read the Definition of Malay in Article 160(2). Both 1st Prong and 2nd Prong should be read together, not in isolation or separately. If the 1st Prong is read in isolation, i.e. separately and/or not together with the 2nd Prong, every Tom, Dick and Harry in Malaysia would be classified Malay as long as they are Muslim.

The INTENTION of the Framers of the Constitution on the Definition of Malay in Article 160(2) is clear when the 2nd Prong is read with or without reference to the 1st Prong.

In short, all Malay in Malaya are Muslim, not all Muslim in Malaya are Malay.

Malay in Article 160(2) is not race but a form of identity. The Constitution is colour blind. There’s case law on Malay in Article 160(2). The case law states Malay is not race but anthropology.

In fact, the case law itself is partly flawed.

If anthropology, it can only refer to the Archipelago called Malay Archipelago after the Malay language, the lingua franca of the region. There’s a Malay language, but no Malay race.

That means Islam should not be mentioned in the Malay Defnition and those Muslims “originating” from outside the Archipelago, at least more recently, should not be classified as Malay under Article 160(2).

This is fraught with any number of legal difficulties and complications. The people in the Archipelago, like those in southeast Asia, in fact originate in DNA from south India and Afghanistan via south China. This is about race.

However, as the case law itself says about the Malay Definition in Article 160(2), and as evident in the Malay Definition in Article 160(2), Malay is not race.

S’pore, after independence from M’sia in 1965, amended its Definition of Malay in Article 152 to exclude Islam i.e. a Malay in S’pore can leave Islam and still remain Malay. In Malaya, a Malay ceases to be Malay if he or she leaves Islam.

The reality is that the syariah court in Malaya will not allow a Malay to leave Islam. An alternative would be for a Malay in Malaya, wishing to leave Islam, to correct his or her IC at JPN to replace Malay with Lain Lain and religion with Bebas, tiada maklumat or Hindu.

It may not be advisable, in law, to replace with Christian or Buddhist. Sikh, a variation of Hinduism, does not make sense. Buddhism, according to the Indian Constitution, is a variation of Hinduism, being an Indic religion.

There’s no Malay in Sabah. Bahasa Sabah is a local version of Bahasa Melayu.

Many Muslim Orang Asal in Sabah, and the PTI, are allegedly holding Malay MyKad. This can be inferred from the Other Bumiputera and Malay classifications used in Sabah by the Statistics Dept in the Census 2010 and the Election Commission in the electoral rolls.

Banks in M’sia can verify whether a MyKad is genuine i.e. as a physical specimen. They can’t read the chip or confirm that the holder is eligible to get it, and entitled to hold it. Astro Channel 800 used to offer the MyKad chip reading facility. It has since been taken away. No explanation has been offered.

Police at roadblocks carry MyKad readers. This may be like that used by banks. Ironically, the police readers can detect bogus driving licences even if the physical specimen is genuine.

Barunai (Brunei Malay) in Sabah and Sarawak are classified as Lain Lain (Barunai, Brunei Malay) or simply Lain Lain in the MyKad.

I don’t know how they are classified in Brunei. Barunai are in fact Iban. The Iban and Dusun are the Orang Asal in Brunei. I don’t know whether they have NCR land.

Sarawak Malay (Orang Laut or Kirieng speaking a mixture of Iban and local version of Bahasa Melayu) are under Article 161A. They are sea gypsies.

The Sarawak Malay are not considered Orang Asal since they don’t have NCR land.

In fact, they should not be in Article 161A. The Constitution is colour blind. Article 161A is not about race but NCR land.

Note on Bahasa Melayu, Bahasa Malaysia . . .

Again, Malay is a language, not race as well. There’s no Malay race in the world i.e. an ethnic group which originated the language.

In history, Malay was created by Hindu and Buddhist from India as the lingua franca of the Archipelago, hence Malay Archipelago. They used it for trade, missionary activities, education and administration.

The original Malay script was Indian as in Myanmar, Thailand, Cambodia, Laos and Vietnam. The French changed the script in Vietnam to Roman. China, which never developed writing, continued to use characters.

Malay was based on a Cambodian dialect, Tamil, Sanskrit and Pali.

Malay in Tamil and Malayalam means hill/mountain. Malayalam, the language of the Malayalee in Kerala in southwest India, means hilly/mountainous world.

Malayalee, in Malayalam and Tamil, means people (alee) of the hills/mountains (Malay).

Malaya is an English word from Malay, Tamil and Malayalam for hill/mountain.

Bahasa (it means language in Sanskrit) Malaysia is based on Bahasa Melayu — Johor, Rhio, Lingga version — local languages and dialects and English and rendered in Baku (written as spoken).

NOTE: the word sea gypsy is not in Article 161A.

The gypsies entered Europe from Egypt. Hence, they were called gypsy. The gypsy in fact originated from India. They trekked to Egypt.

Read further here . . .

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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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