DOES THE MEMALI TRAGEDY VIOLATE THE MALAYSIAN CONSTITUTION ?

 

" A new millennium and stronger current of globalization highlights or emphasizes on the larger influence and role for non-state actors in the international realationship. If in the 1980's or 1990's, the significant nonstate element were roles and development of multinational companies in moulding the economy, politic and social aspects, but now it witnesses the revolution of governmental organization and international terrorist extortions". Aziz Ishak, Berdialog dengan musuh senjata terbaik Amerika Syarikat, Massa.

 

A comprehensive account of the Memali Tragedy. 





To grasp the essence of the Memali Incident, it is crucial to delve into the prevailing ideology that shaped people's thougths, their strong connection with the truth, and the persistent influence of a particular individual who imposed their views upon the masses. 


This influential figure, known as 'Amanat Haji Hadi', played a pivotal role in precipitating the Memali incident.


On 7 April 1981, Haji Abdul Hadi Awang presented a public talk known as Amanat Haji Hadi at Kampung Banggol, Peradong in Kuala Terengganu.


"Jihad is our fight, it is reflected in our words, and it is carried out through our contributions, By placing our trust in Allah against these 'tribes', we embrace the possibility of martyrdom if we were to die in battle against them. We die for Islam." Abdul Hadi, April 7, 1981.

 

The people have been swayed by a statement suggesting that PAS's struggle against the Malaysian government, led by the UMNO party and Barisan Nasional (BN), was a 'holy war' fought against an anti-Islamic government.


Ibrahim Mahmud's pic

The consequence of this statement can be witnessed when Ibrahim Libya (also known as Ibrahim Mahmud), a religious leader and supporter of PAS, took up arms to confront the authorities in Memali on November 19, 1985.


The tragic Memali incident resulted in the loss of 18 lives, numerous severe injuries, and the subsequent imprisonment of hundreds of individuals. However, most of those imprisoned were eventually released, with the exception of 36 individuals who were proven guilty.


The authorities referred to this operation as "Operation Angkara" or "Operation Hapus". This tragedy took place in the Siong Mukim of Memali, located in the Baling district of Kedah, in close proximity to the border between Malaysia-Thailand.

Ibrahim Libya considered this as a martyr's battle because it involved resisting non-Muslims or those who had abandoned the Islamic faith. Violent acts were carried out, exploiting women and children as a shield in this reported scenario, As a consequence of this issue, the authorities were compelled to take immediate action, leading to the unfortunate loss of four police officers and fourteen civilians.


The Memali Incident shatters the Malaysian Constitution.





The fundamental constitution of Malaysia is derived from the Constitution of the Malayan Union (Perlembagaan Persekutuan Tanah Melayu).


According to Article 149, Section 11 of the Malaysian Constitution, Special Authorities have the power to combat subversive actions, pre-planned violence, and criminal activities that threaten the well-being of civilians and the authorities during a "darurat" or, as commonly known, a state of emergency.


      (1) If a Parliament Act says at the beginning that an action has been taken or a threat has been imposed by a large group of people, either inside or outside the federation:-

(a)   To cause pre-planned violence towards people or property, or to cause a large number of citizens to be afraid of the violence, or

(b)   Cause the rise of dislike towards “YDPA” or any government in the federation, or

(c)   Foster evil impression or rivalry among races or communities that may cause violence, or

(d)   In order to achieve their goals, they are willing to do just about anything in any way possible except legally achieving it, or

(e)   which ruins maintenance or supply of stocks or service to the public or any group of people in the Federation or any of its departments, or

(f)     which damages the peace of the civilians in terms of security, Federation or any of its departments. 

Therefore, any law that is meant to stop or prevent those actions is legal eventhough the law is contradicting with any law from Matter 5, 9, 10 or 13 or even, if not for this matter, the law can be excluded from Parliament Legal Power, and Matter 79 is no longer used as a Bill for a certain Act or any amendments to that Bill (Perlembagaan Persekutuan, 2010:213-214).

 

The violent actions exhibited by Ibrahim Libya on 19 November 1985 have significantly damaged the integrity of the Malaysian Constitution.


Ibrahim Libya recklessly endangering lives by using women and children as human shields for personal protection, an act that blatantly violates both the law and the Malaysian Constitution.


The potential impact of their violent actions on national security cannot be understated, as it has the ability to incite and disrupt the peace of the country. 


This is particularly concerning because it can sway the opinions of PAS supporters, who already hold anti-Islamic and Jihadist views against the Federal Government. This action goes against the provisions of Article 149 of the Malaysian Constitution.


The Memali Incident is viewed as an action that goes against the Federal Government's stance, as supporters and Ibrahim Libya engaged in armed combat with the Royal Malaysian Police (PDRM).


Under the Sedition Act or Internal Security Act (ISA) of 1960, Ibrahim Libya, along with his supporters, could potentially face arrest for engaging in actions that possess a seditious tendency or show contempt towards the government.


The Malaysian constitution and national security were clearly violated by this incident. The reason behind this act is perceived as an effort by the adversary to unlawfully assume control of the authorities from the government, potentially undermining a citizen's loyalty towards their own country.

I'm curious about who was the prime minister at that time.


MEMALI TRAGEDY UPDATE. ( Jan 12, 2018 )

KEDAH : According to Datuk Muhamad Yusuf Husin, the chairman of the Kedah Pas special committee on Memali, the White Paper on Memali that was published in 1968 during Dr Mahathir's tenure as the head of the government made claims that were not in line with the true cause of the incident. It is now believed that the incident was actually sparked by opposition to the Internal Security Act (ISA).

Cite : (NST) Memali tragedy: 'It was caused by anti-I.S.A. sentiment'














 


 











 
























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