| G
U I D E L I N E S |
O
B J E C T I O N S |
| 4.1 The Guidelines of the
12th meeting of the National Fatwa Council for Islamic Affairs on 21/11
January 1985 states that…
4.1 (i) If non-Muslims
wish to erect a house of worship on a piece of land owned by them, permission
may be granted according to the requirements of their religion, provided
the landsite is in an area where the majority of population are non-Muslims”.
4.1 (iv) Application
by non-Muslims to put up a house of worship in a Muslim majority area will
not be approved eventhough the land belongs to them. |
We,
MCCBCHS, wish to state that the National Fatwa Council for Islamic Affairs
of any other Islamic body has no jurisdiction whatsoever over the non-Muslims.
The
ideas contained in both the clauses are totally unacceptable and therefore,
we reject them. They clearly contradict constitutional guarantees. |
| 4.1(ii) All
application for the erection of non-Muslim places of worship should be
referred to the State Islamic Council to obtain its views and whatever
decisions in relation to it.
4.1(iii) The
local authority when approving an application for no-Muslim places of worship,
should obtain the prior approval and views of the kampong development committee
where the house of worship is to be erected. |
We
are perturbed that the Islamic Council must be consulted for its views
and strongly oppose it because it violates Article 11 of the Federal Constitution.
This
would stifle the building of places of worship for non-Muslims and we totally
reject it. The respective religious body must be consulted… when
considering applications for non-Muslims to build places of worship. |
| 4.1(iv) The
local authority should act against non-Muslim places of worship which have
been erected without the approval of the State Authorities. |
We
reiterate that all existing paces of worship should be retained and legalized
especially those which have been already in existence… |
| 4.2(iii) Buildings
to be converted to non-Muslim places of worship should obtain approval
from the local authority.
4.2(iv) Residential
houses are not allowed to be converted and used as non-Muslim places of
worship.
4.2(v) Change
of usage of buildings for purposes of non-Muslim place of worship should
be referred to the local authority and the state religious council. |
One
must understand the different religious practices. Some religious
groups meet often at the homes of one or more of their members for group
prayers, religious studies or talks. If this is considered to be
“public worship”’ rendering it necessary for obtaining the approval of
the local authority before holding such “public worship”’ then we say that
the Guidelines are totally unacceptable as it is Ultra Virus the Constitution.
We note that donations of private homes and shops to the religious community
are looked upon as religious acts. |
5.1(ii) The
location of a particular site for non-Muslim places of worship should take
into consideration:
A. The location
of places of worship of other religions in the area or the one that is
being planned should not conflict.
B. The place
of worship should be located in the middle of the area where the respective
religious community or adherence are.
C. The non-Muslim
places of worship should not be erected in a Muslim majority area”. |
The
people have a fundamental right… to determine where their respective places
of worship ought to be. …the ideas contained in the clauses… are totally
misconceived and we reject them. Any existing places of worship of
non-Muslims that are too close to any mosque should be retained… The present
situation is that places of public worship of all religious groups exists
side by side in many towns. This has been the situation in the history
of Malaysia. Each group has always respected the other. Proximity
of places of worship will only spread good will and harmony. |
| 5.1(iv) Non-Muslim
places of worship should not be too close to any public utility area such
as a public area or recreation centre”. |
There
is no merit in the clause and we reject it. |
| 5.1(v) In the
event of an existing non-Muslim place of worship needed to be renovated
or be built on the same site, the Local Authority may grant permission
on condition that the building does not exceed the original area and height
and its compounds and surroundings. |
We
reject this for the simple reason that the population of non-Muslims have
increased and continue to increase and the needs of the people have to
be met. Furthermore, in view of the shortage of land for places of
worship, the usage of land has to be maximized. |
| 5.1 The site
planning and building requirement should be in line with the development
plan of a particular area. |
Development
should take note of existing places of worship – whose existence must be
maintained and continued at all costs – and the religious needs of the
community must be recognized and provided for. |
| 5.2 Worship
area component. |
This
omits the fact that the places of worship are also centres for religious,
spiritual, education and social activities for the respective communities. |
| 5.3 Building
Design. |
All
buildings for places of worship should maintain their respective and religious
and cultural features as required by religious traditions and scriptures
(Agamas). There should be no limit to the size and height of building
of places of worship. |
| 6.1(i) The density
ratio according to the Planning Standard Manual, Town and Country Planning
Department, Peninsular Malaysia 1988 is 1:2,006 non-Muslim or 1:5,000 population. |
The
minimum size of the population of the respective religions should never
be the criteria for the building of places of worship for non-Muslims…
-
It is
for the people living in a locality to determine and to express what their
needs are.
-
The needs
of the people are dynamic and not static.
-
The needs
of the different religious groups are different.
|
6.2 Building
Space and Extension Requirements.
6.3 Place for
parking of vehicles. |
6.2
& 6.3 of the guidelines which refer to building space and extension
requirement and parking of the vehicles should not apply to places of worship. |
