MGG Pillai Commentary View

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The women have lost, but has the National Front won?

THE NATIONAL FRONT GOVERNMENT can only pass laws on the conduct of Islam for Kuala Lumpur. In other states, although they are in power, they can only do with the consent of the ruler for it is ordained in the Federal Constition, which the National Front and its previous Alliance is responsible. It got its first chance at enacting Islamic law when Parliament, which it controls, got the legal right to pass laws for the Federal Territory. The Federal Territory now consists of Kuala Lumpur, Putra Jaya, and Labuan. The Islamic Family Law (Amendment) (FT) Act is the result. It can only persuade the states, even though it rules all but one, because the consent of the rules is necessary. It would not touch on Islam in its legislation because of this. But it now needs to prove to Malaysians that it is more Islamically inclined, to prove to PAS that it is superior in the introduction of Islam into Malaysia. But it is unfair to call it the work of the National Front. It is UMNO's view, which like in all matters the other parties, Islamic or otherwise, in the National Front defer. It became an issue it had to use threats because the group most affected, the women, protested. But it protested too late. It should have protested before the bill was discussed in the Lower House of Parliament in September.

It was not. The Opposition was not interested; PAS had not objection, and the DAP was not interested. So it was left to 19 BN women senators to oppose it. That they opposed meant that the National Front lost even when the bill was passed. It had not expected the opposition so late in the day. The National Front had long introduced laws in both Houses of Parliament without discussing it with those affected. It had a two-thirds majority in each of both houses, and it could have its way. So, why bother to get the views of those who did not vote. After all, when elections are held, the voters would forget its high handedness in parliament and the state assemblies, and would rush to vote them in with a huge majority. But the people of Kelantan has seen though that the National Front has had a tough time being elected. It promises what the people want if they would vote for it, as happened in an irrelevant byelection in Pengkalen Pasir. It insisted PAS had to resign if it won the seat. It did not have to, and it would not. But the National Front went to town demanding that it do. Ordinary Malaysians, usually not in Kelantan, thought they should, because the National Front's view took hold through the news media. One need not add that the National Front controls the media in this country.

This is why those that do not have the media should work harder to counter the National Front. The internet is a boon, but it is not enough. They should inform the people that what the National Front tells it is not correct. This is the mistake of those who now raise hell over the Islamic Family Laws (Amendment) (FT) Act. It does not affect women alone. The Parti Socialis Malaysia has put out a document tellling Malaysians the government's case for health care is faulty. But the media attacks PRS, not the message it carries which would put the National Front to shame. But the complaints will come when it is too late! The other parties than UMNO in the National Front and the DAP takes the view that it would not criticise any bills affecting the Muslims. This is why the House of Representatives ignored it in September. When it became an issue in the Senate, the National Front sent its ministers to sort it out. The minister of parliament, as Dato' Nazri Aziz is in fact as minister of portfolio, warned senators they must obey the whip. He did not explain why a whip was necessary when it was not issued in the lower house. Ultimately, the senators were told that the bill should be passed, and their objections to it would be considered later. It was a typical bureaucratic response from politicians not being second guessed.

But it is a warning - to the National Front and the opposition. The National Front had assumed that because it had the two-thirds majority in the federal parliament and in all but one state assemblies it can do as it liked. The opposition - the DAP, PAS and special interest groups - should watch the government like the proverbial hawk, and criticise the government well in advance. That the National Front government had made the mistake twice is not because the opposition forced it to in time. It is important that public interest groups and the opposition parties reveal its thoughts well before the law, and not wait, as the women groups did, until it is too late. It should remind the National Front about its past mistakes, in elections. The National Front does it on the opposition, which should do the same.

The details of the Islamic Family Law (Amendment) (FT) Act does not matter now. If the National Front government decides to implement it, there is nothing the opposition can do. The women had agreed to an amendment in the future for supporting it now. This assumes the National Front government would issue the amendment as the women wanted, or if it did, it would have the agreement of the women who protested. Groups and people now complain that they are affected by laws they were promised would be amended but were not. But that is not to say the opposition to this law is invalid. It is not, but it came too late. Few bother to challenge the National Front intentions, or when they do, it is often too late.

The fact of the matter is, unless the National Front government means what it said to get it passed, it would be put before the Yang Di Pertuan Agung for his signature. It would then become law, and its details applicable, for that is the law of the land. The women, their groups, and others, should raise a campaign to have it amended. They have a case. Let the Malaysians hear it. It means not depending on the National Front-owned media to have their case heard. It means going out and talking to the people of their case, even lthreatening not to vote for the National Front in the next elections. Given that more than 50 per cent of the electorate are women, Islamic and non- Islamic, the National Front government will be careful of putting this law into practice. The women will not allow themselves to be downgraded by choice.

The National Front has bit off more than it can chew. It has to change its ways. It cannot assume it holds the power. What it told PAS in Kelantan - that it should resign because it has only a one seat majority - can be thrown at it. The law allows PAS to run Kelantan for its five-year-term, so long as it does not amend the state Constitution, and hold state assemblies twice a year as required, and not allow it have to pass a vote-of-confidence. That is what the National Front did in Perak and Selangor, where the opposition has as many seats. The National Front must be put on the defensive, as the women senators did. They should be in the same position elsewhere. But would they?

M.G.G. Pillai
pillai@streamyx.com