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Several instances in recent months indicate that the Sultans are prepared to play more than a ceremonial role and exert authority where elected political authority is weak and indecisive. ANALYSIS by BARADAN KUPPUSAMY, THE STAR
THE bold manner in which the Royal houses of Selangor and Perak baulked with the National Fatwa Council over the tomboy and yoga issues should have been anticipated by Muslim conservatives behind the edicts (fatwa). Islam and Malay culture and practices are about all that’s left of the Rulers’ once formidable powers, and they guard them jealously. But increasingly since the March 8 general election, they have discarded their ceremonial role and are speaking up to defend the Constitution, rule of law and multi-culturalism. The controversial fatwa coming one after another and without adequate consultation and public debate and against strong opposition from Muslim moderates, naturally invite royal interference and rebuke. On Monday, the Sultan of Selangor made it clear that nobody, including the council, should usurp his authority as head of Islam in his state. The Sultan hoped that future edicts affecting the public would be referred to the Conference of Rulers before an announcement is made. In Perak, a state government official immediately retracted an earlier statement that the state would adopt the fatwa. “Royal consent is needed,” said Datuk Jamry Sury, head of the State Islamic Religious Department. The sacking of Jamry by the Pakatan Rakyat government in Perak in May and his immediate re-reinstatement on the orders of the Sultan is another example of the readiness of rulers to exert their new-found authority. These episodes in recent months indicate that the Sultans, sidelined from active national political life over the past two decades, are prepared to play more than a ceremonial role. The involvement up to now has been for the good of society and generally welcomed by the people. “The Sultans are speaking up as defenders of the faith, the Constitution and articulators of national peace, stability and progress,” said Bar Council president Datuk Ambiga Sreenivasan. “It is perfectly all right for them to speak up,” she said, adding that the Rulers know their role as defined in the constitution and would not cross the line into political activism. “In recent years, the country has been shaken by debates on race, religion and the demand to rewrite the social contract,” she said. “Politicians are exploiting the issue but the Sultans are speaking up to check and balance.” At one time the rulers had more powers but a 1983 amendment took away their veto power over laws. In 1993, their immunity from prosecution was removed. In effect they reign, not rule. Nevertheless, by law and convention they do have leeway in matters like the formation of state governments, appointment of the Mentri Besar and convening or abrogating state assemblies. They did use their powers effectively to restore “order and balance” during the formation of the Pakatan Rakyat state governments after the March 8 general election. The Sultans have effectively flexed their muscle in situations where there is fear and division over the relentless “march of Islam” and its clash with right to privacy and fundamental rights. The Sultans, who have the stature and implicit authority, have intervened in the case of the fatwa against yoga. In contrast, the political leadership is seen as either in agreement with the conservatives or silent. Their involvement is all the more significant because even the courts have not offered a solution satisfactory to all stakeholders on such contentious issues as conversion and freedom of religion. Clearly, the long dormant rulers are emerging new stakeholders. Nevertheless, despite their fine intentions and growing public support, rulers have had their moment in history having relinquished executive authority to the people. The good thing is they have not shown any intention to intrude into or supplant the growth of a vibrant democracy with effective check and balances which is the only viable political authority for the people.
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