House Of Worship Issues: Uphold The Rule Of Law

By Sakini Mohd Said

KUALA LUMPUR, Feb 13 (Bernama) -- Any dispute involving religion should be handled in an orderly and lawful manner, in keeping with Malaysia’s long-standing identity as a multi-ethnic nation that has lived in peace and mutual respect.

The recent trespass of a temple built without proper approvals in Rawang, which sparked public concern, has been described by experts as an unacceptable incident in a country founded on the principle of the rule of law.

Civil lawyer Mohamad Haziq Mohamad Asman said the nation’s legal framework provides clear channels to address the construction of unauthorised structures, including through local authorities.

He explained that local authorities have explicit powers under the Street, Drainage and Building Act 1974 to take action against any structure built without permission or in violation of approved specifications, without the need for a court order or the presence of a bailiff.

Under the act, he said, if a building is deemed illegal or its plans and specifications breach the law, the local authority will issue a notice to the owner to have it demolished within 30 days.

“If the notice is not complied with within the specified period, the local authority has the right to vacate the building, remove occupants, and subsequently demolish the structure,” he said.

However, Mohamad Haziq noted that a court order and a bailiff are usually required when someone refuses to vacate premises owned by the landowner.

“In such cases, the owner should obtain a court order to regain vacant possession. Landowners have the right to enjoy their property free from interference by trespassers, illegal structures, or unlawful occupants.

“Only under those circumstances does the landowner need to take legal action to secure a court order, which generally involves a bailiff to enforce it. But for any action taken by local authorities under the act, a court order is not required,” he said.

On Wednesday, police detained four men to assist in the investigation into the trespass incident, following a report from a man regarding the demolition of a temple built without approval in the area.

In response to the incident, Prime Minister Datuk Seri Anwar Ibrahim emphasised that no one has the right to take matters into their own hands outside the framework of the law in issues related to houses of worship.

Meanwhile, National Unity Advisory Council (MPPN) member Prof Datuk Dr Awang Azman Awang Pawi said the Prime Minister’s approach is crucial to prevent tensions from escalating, which could undermine the longstanding unity enjoyed in the country.

He added that the Prime Minister’s statement applies to all faiths in Malaysia, including Islam, Hinduism, Buddhism, and other religions, and is not directed at any specific group.

“The country is founded on the rule of law. We are free to speak, but there are limits. Actions must be based on law, not emotion,” said Awang Azman, who is also a senior fellow at Akademi Kenegaraan Malaysia.

He noted that political and social stability are key considerations for foreign investors before committing to a country. In the current challenging economic climate, Malaysia cannot afford situations that undermine market confidence.

“When issues touch on religious and ethnic sensitivities, compounded by rash actions and irresponsible narratives on social media, it risks creating the impression of instability, which could affect investor confidence.

“That is why firm and consistent action by authorities is crucial to ensure every dispute involving unauthorised houses of worship is resolved under the law, preserving harmony and the country’s reputation internationally,” he added.

-- BERNAMA