ALL our Members of Parliament are required to take their oath of office and allegiance before sitting in the Dewan Rakyat or Dewan Negara.

This practice is also mandatory for Ministers and Deputy Ministers before they exercise any functions of the office.

They must swear to faithfully discharge their duties to the best of their abilities, to bear true faith and allegiance to Malaysia and, most importantly, to preserve, protect and defend the Federal Constitution.

Marang MP Tan Sri Abdul Hadi Awang, PAS’ president, is no exception to the rule.

He has, in fact, raised his hand seven times to pledge his backing for the Federal Constitution.

So, were his pledges hollow words bereft of sincerity and only a show for his fellow lawmakers?

He’s now hinting at doubts about the Federal Constitution, which is the supreme law of the nation.

Hadi, in his Facebook post, insists our Constitution was drawn up by the British colonists and aimed at depriving Islam of authority. These are certainly loaded words. The statement in Bahasa Malaysia sounds even stronger.

Truth be told, I’m no law expert, but having majored in history and politics in university, I have a keen interest and training in these areas.

Our Federal Constitution came into effect in 1957 as the Constitution of the Federation of Malaya and was amended to be the Constitution of Malaysia in 1963, following the formation of Malaysia with Sabah, Sarawak and Singapore.

So, it’s the supreme law of Malaysia. Without doubt, the Reid Commission, which drafted the legal framework, included constitutional experts from fellow Commonwealth countries with a working party appointed by the British, the Conference of Rulers and the Government of the Federation of Malaya.

According to the article “Contextualising constitutional Islam: The Malayan Experience” by Kristen Stilt, published in the International Journal of Constitutional Law, the drafters included two Muslim judges – one from India and another from Pakistan. Justice Abdul Hamid from Pakistan had the experience of working on his country’s constitution.

The Commission received 131 written reports from individuals and organisations which included Persatuan Agama Islam Se-Malaya, or PAS, as it’s now known, she wrote.

The panel visited each state and the Settlements, as Melaka and Penang were called, and met the Sultans, the officials, and British representatives, and held hearing sessions across the peninsula to get feedback from individuals and representatives of parties and organisations.

Basically, the views of all segments were sought, and naturally, they were as diverse as they were varying, but in the end, compromises had to be made, and understandably, there were many.

Our first prime minister, Tunku Abdul Rahman, certainly knew what he was doing in his negotiations with the British. Our Malay Rulers, who endorsed and approved the Constitution, certainly understood it, too.

Our founding fathers, particularly Tunku, clearly knew that Malaya, and then Malaysia, needed a multiracial compromise and appreciated its relevance.

He didn’t forget the importance of Islam, and the Federal Constitution supported the establishment of the syariah courts in the states.

List II Schedule 9 of the Federal Constitution delineates the powers of the states to constitute, organise and set out procedures of such courts within the state over persons professing the religion of Islam.

Fast forward to 2024, as columnist Mohsin Abdullah wrote in FMT, “the Federal Constitution which Hadi has questioned and criticised has benefited the Islamist party by enabling them to take part in elections, capturing a few states and even holding government positions.”

Prominent lawyer Datuk Joy Appukuttan wrote that “this Constitutional Oath is sacrosanct, since without which, Ministers and the respective Speakers of both Houses cannot take office, while Members of Parliament will not be allowed to take their seats in Parliament.

“This oath becomes even more prevalent since the Federal Constitution is expressed as the supreme law of the nation.

“Hence, the oath to preserve, protect and defend the Federal Constitution means the Executive as well as Parliament must uphold the concept of accountability, transparency and good governance and the failure to do so will surmount to breach of the constitutional framework.”

The position of Islam is clearly defined in the Constitution as the country’s official religion. But other religions may be practised in peace and harmony in any part of the federation.

There is growing concern among the people about empowering syariah courts. Many of the penalties, such as fines, may possibly be outdated and need to be adjusted, but ignorance and prejudice shouldn’t lead anyone to jumping the gun.

It’s best that the issue be left to the National Council of Islamic Religious Affairs, which is currently chaired by the Sultan of Selangor.

Certainly, I have my trust and faith pinned on the Majlis Kebangsaan Islam (MKI), headed by a Ruler and comprising experts, rather than relying on politicians who exploit religion.

Tunku understood that Malaysia is a multiracial country and, in most disputes, whether civil or criminal in nature, will most likely involve people of different races and religions.

Syariah laws can’t be invoked in criminal offences which clearly come under federal laws.

As Appukuttan rightly put it, “Such is our current state of affairs that it is opportune now to be reminded of these basic principles.

“To conclude, it is held that ‘Every legal power must have legal limits, otherwise there is dictatorship.’

“Such tyranny is avoided through the adherence to the Constitutional Oath of office. Paying lip service to this oath will only erode the protection envisaged in the Federal Constitution.”

As the late Lord President Tun Mohamed Suffian Hashim wrote in his book An Introduction to The Constitution of Malaysia, in Malaysia, only the Constitution is supreme.

“Clearly, the legal doctrine that applies in Malaysia is not that of Parliament or any other body is supreme but that the Constitution is supreme.”

That’s clarity at its finest.

EARNING a United Nations Educational, Scientific and Cultural Organisation (Unesco) heritage accreditation for a place drives many countries to seek it because of its economic value to tourism as it offers international recognition.

It creates jobs and business opportunities, helps tourism promotion and marketing, and often improves the quality of local lives.

But more importantly, world heritage sites are places regarded as important to and belonging to everyone, no matter its location.

They comprise monuments, groups of buildings, sites – archaeological and cultural – and natural features and geological formations which are important from the science, conservation or natural beauty perspectives.

So, before we make bids for sites, it’s best we do our homework. There’s nothing more embarrassing than having a high-profile pitch ultimately rejected. Yes, we’ve had that egg on our face before.

Controversy has rumbled over Local Government and Housing Minister Nga Kor Ming’s announcement in seeking Unesco heritage endorsement for the new Chinese villages in Selangor.

The proposed bid has hit a brick wall, though, with resistance coming from groups which are predictably arguing from the race perspective rather than employing academic, persuasive and rational approaches.

There’s a fundamental question that needs answering by those supporting the Unesco Heritage Site submission plan; do the 400-odd new villages, which were historically internment camps created during the Malayan Emergency in 1950 to round up ethnic Chinese to contain the communists, fulfil the criteria for recognition and do we truly stand a chance? Of these, 77 are in Selangor.

No doubt the new villages have an appealing story of perseverance against blatant discrimination by the British, who cruelly locked up the Chinese community for fear they were supporting the communist cause.

Many prominent Chinese tycoons grew up and lived in these villages as they worked their way to the top.

But even without the strong resistance towards Nga’s proposal, it would be tough selling the proposal to Unesco.

The new villages are only about 50-odd years old, a glaring contrast to other contenders, which are mostly many centuries old.

It’s not easy drawing Unesco’s attention.

The political lesson to be learned here is, Nga should have consulted the leaders of the unity government for their consent before making the announcement. The unfortunate reality in Malaysia is that everything is political and inextricable from the warped sense of race and religion.

It’s disappointing that the debate over the new village proposal has invariably degenerated to one with racial overtones.

That’s how the politics of consensus works in a government, and it’s probably harder for DAP leaders, who are now learning that component leaders shouldn’t be caught unawares by arbitrary pronouncements, regardless of the initiatives’ nobility.

So, now we have these pointless arguments over the gambit, which in the end, may just come to a premature conclusion.

Coveted status: Tourists throng Armenian street in the George Town heritage area during the holidays. Unesco’s recognition as a World Heritage Site can provide economic value to tourism as well as create jobs and business opportunities. — CHAN BOON KAI/The Star

For a dose of reality, even the iconic limestone hills at Batu Caves housing the Lord Murugan temple, one of the most popular Hindu shrines outside India, failed in its Unesco World Heritage Site bid.

Despite its cultural, geological and ecological arguments, Batu Caves was deemed unfit for consideration.

It was reported that it didn’t even meet one of the 10 criteria listed, with Unesco claiming that the illegal structures in the caves weren’t harmonious with the surroundings of the 400-million-year-old limestone rock formations.

Unesco is very clear that a site must have universal values that transcend the importance it holds for a single nation.

Ethnic or religious considerations are moot points if Unesco’s selection committee accords recognition.

In the queue for Unesco endorsement from Malaysia are Taman Negara National Park, FRIM Selangor Forest Park, Gombak Selangor Quartz Ridge, Royal Belum State Park, Sungai Buloh Leprosarium and the Niah National Park.

The Niah National Park is expected to be listed as a Unesco World Heritage Site this year. — Tourism Malaysia

Places in our country which have Unesco World Heritage Site status include George Town and Melaka, Gunung Mulu National Park, Kinabalu Park and the Lenggong Valley.

Melaka and George Town are cities which have earned recognition because they comprise historic urban centres with 500 years of cultural and trade exchanges between the East and West.

It’s surely more beneficial for us to provide greater resources to support and promote these chosen sites, especially the Lenggong Valley’s archaeological heritage site, which has the oldest relics of human settlement outside Africa but is unfortunately unknown and neglected.

The Perak Man, the oldest human skeleton found in South-East Asia, settled there almost two million years ago.

However, reports suggest that the sites are in disrepair, with rotting signs and broken boardwalks.

I hope this is old news, but if these places have received due attention, then trumpet it. Travellers will research their destinations online, so it’s imperative they get the latest updates.

There are other sites which deserve Unesco endorsement, including the 115-year-old Masjid Jamek located at the confluence of the Klang and Gombak rivers.

Then, there’s the Kek Lok Si temple in Penang, the largest Buddhist temple in Malaysia and built in 1891, making it 133 years old.

There’s also the beautiful 19th century Cheong Fatt Tze, the Blue Mansion building in Penang, which won Unesco’s Asia Pacific Heritage Award for Cultural Heritage Conservation. I wonder if it’s possible to take this a step further to have it upgraded to a full-fledged Unesco Heritage site.

Anyway, while we may feel passionate about the many historical sites in Malaysia, regardless of their ethnic and religious backgrounds, it’s essential for our leaders to understand the criteria that need to be fulfilled to ensure a bid’s success.

The lush and tranquil Penang Botanic Gardens, set up in 1884 by Kew-trained botanist Christopher Smith, remains a favourite spot, but older Penangites would know that it’s in dire need of more attention to boost the collection of plants and flowers there. The place was certainly a prettier sight before.

Let’s prepare our cases and efforts to add to the list of Malaysian spots on the Unesco list, but we need to make sure to spend equal time in ensuring that these places are well maintained and promoted.

Like the rest of the world, Malaysians often complain about politicians who twiddle thumbs, but let’s hope they don’t do more damage instead.