The public perception remains that former Prime Minister Mahathir Mohamad isn’t “Malay” unlike those with family roots in the Archipelago, originally Indian for some, Malay for others, while some are now Indonesian!
Commentary And Analysis . . . In law, it must be stressed at the very outset, that there’s no such thing in Malaysia as bona fide Malay vs constitutional Malay as raised in the ongoing court case involving Umno President Datuk Seri Ahmad Zahid Hamidi and dictatorial former Prime Minister Tun Mahathir Mohamad. The former has conceded roots in Java. The latter has been linked in the public mind with the “Kutty” (little in Malayalam) image in Kerala, southwest India.
Bona fide Malay, for those unfamiliar, are those considered by public perception as having roots and heritage in the Archipelago. It may be fall back on anthropology as declared by case law. Read Petmal Oil (Malaysia) Sdn Bhd v Che Mariah Mohd Tahir (Trading As Delta Mee Enterprise) [1994] 3 CLJ 638.
The case law by the High Court of Malaya states that “Malay in the Federal Constitution is an anthropological classification rather than based on ‘race’. It’s inclusionary in nature”.
The High Court can take the cue from Zahid allegedly describing Mahathir as “Kutty”. In that case, it would advise Zahid and Mahathir on moving on after apologising, shaking hands, and making up.
Malay was Defined in Article 160(2) as “form of identity” based on Muslim, habitually speaking Malay, and born or domiciled in Singapore or Malaya by Merdeka 31 August 1957.
Their descendants are also Malay by “form of identity”.
Article 160(2) mentions no Malay race, no Malay blood and no Malay DNA.
The 1st Prong and 2nd Prong in Article 160(2) must be read together for Definition of Malay as “form of identity”.
The Constitution mentions no other “form of identity”.
In law, Article 8 in Malaysia, there can be no discrimination. The Constitution cannot go against itself.
The Constitution, Parliament, the court of law — colour blind institutions — cannot get into “race”, religion, theology, language, culture, anthropology, geographical origin, blood and DNA, among others.
Mahathir Misleads, As Usual
Mahathir, based on the Definition of Malay in Article 160(2), may be misleading on the term Malay, aberration in law, in the Constitution. The public perception remains that Mahathir isn’t “Malay” unlike those with family roots in the Archipelago, originally Indian, then Malay, now Indonesian.
Article 160 defines many terms in the Constitution.
Malay
Malay arises from language — Johor Rhio Lingga version — as seen in Bahasa Melayu 20K words, half of Bahasa Malaysia 40K words and 20K words in Bahasa Indonesia 127K words. Article 152 defines Bahasa Melayu as the national language.
Mahathir finally conceded that he isn’t ashamed that he has Indian blood but claims that otherwise he’s Malay, implying by blood. It was not so long ago that Mahathir told the media that he doesn’t know from which part of India his people came from and that in any case he has only “spoonfuls of Indian blood, otherwise he’s Malay“.
Blood
Indian isn’t blood but nationality just like Malaysian, Chinese, American, Australian, Canadian, South African and British, among others. Anyone eligible can apply for these citizenship. Indian can be about roots and heritage as well.
Former British Prime Minister Rishi Sunak, for example, who has family roots in India said, on St George’s Day this year, that he was proud “English”. He added that he was also proud of Hindu heritage and Indian roots. Sunak speaks no other language besides English. His parents probably spoke Hindi and/or Punjabi back in west Punjab (now in Pakistan), later in east Africa, and then in India where they fled, before settling in England.
Sunak’s mother wanted the son, born in Southampton in England, “accepted” by society around them. So, he habitually spoke English and no other language.
Sunak told the media that society should be blamed for his “form of identity”.
Genes
There are no English genes. DNA remains warehouse for genes viz. the instruction manual for making the physical body based on energy, intelligence, and the elusive element called “luck”.
All human beings have the same DNA, as race/species of homo sapiens, and come from various blood groups viz. A, AB, B, and O. Homo sapiens remains protected on procreation with other species by genetic barrier created by evolution spanning millions of years. Even so, the difference between human DNA, cucumber and pig, remains less than tiny fraction of one per cent.
O, the universal donor, can donate blood for all but can receive only from O.
A can receive from A and O.
AB, the universal receipt, can receive from A, AB, B and O.
B can receive from B and O.
Mahathir has been mixing up Malay and Indian by mentioning blood.
English Speaker
I cited Sunak, for example, at JPN (Jabatan Pendaftaran Negara or National Registration Dept).
I, as habitual English speaker and speaking like Sunak no other language, should be listed in the MyKad as English, not Indian. I hold Malaysian citizenship, not Indian, and British Empire birth certificate.
There are no genes for blue eyes, grey eyes, green eyes and blonde hair.
The pigment cells are immune system reaction when sunlight falls on the human skin, eyes and hair. The pigment cells unleash melanin which protects the eyes, hair and skin from burning up in the sun. If there isn’t melanin, the pigment cells being fewer, the skin turns red and virtually burns.
The eyes and hair were exposed when the brown genes, for the first time, disappeared in the mountain valleys in north India when the Sanskrit-speaking Aryan were descended from Albino Dravidian speakers.
The people in these mountain valleys still have blue, grey and green eyes, blonde hair, and fewer pigment cells.
Blue, grey and green eyes were not rare in the rest of India including in the south and east where people, generally, have more pigment cells than those in the west and north.
Buddha
Buddha, it’s often not known, had blue eyes, goldish hue skin and hair worn in small curls.
Buddha, in digressing little, can be explained.
Einstein said that Buddha found what he was looking for and came nearest for science. Buddha sought end for human suffering and came up with the noble eightfold path and four noble truth.
Buddha saw nirvana — eternal bliss — which has been variously translated as heaven and paradise. He saw no God. In ancient India, sanatana (science) dharma (duties) and Hinduism, there’s no God the Creator.
The people felt there was paramatma — great spirit — which permeates everything. The Holy Spirit gets mention in the Holy Bible, the Word of God, on the spiritual nature of truth.
Brahmin (the Aryan priests) created the caste system based on varna (colour). The caste system prohibited upward social mobility based on discriminatory and politically incorrect practices. In law, Article 8 in Malaysia, there can be no discrimination save as provided by
law in the form of sunset clause which must have expiry date.
The Indian Constitution, based on international law, outlawed the caste system in 1947.
Brahmin preached on past lives, allegedly distorted the interpretation of Karma — cause and effect — from past lives, rebirth and reincarnation. These were all deemed politically incorrect and not backed by science.
Sunset Clause
Article 160(2), in taking up the cudgels again, became redundant in 1972 when the 15 year sunset clause which propped up Article 153 — now redundant as well — expired.
There’s case for amending Article 4 for automatic dropping of redundant clauses without the intervention of Parliament and/or the court of law, the pre-meeting Council of Rulers (only heads of state) and the Conference of Rulers (heads of government present). — NMH
Longtime Borneo watcher Joe Fernandez has been writing for many years on both sides of the Southeast Asia Sea. He should not be mistaken for a namesake formerly with the Daily Express in Kota Kinabalu. JF keeps a Blog under FernzTheGreat on the nature of human relationships.
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