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Author/Human Rights Defender Mohd Faizal Musa or Known as Faisal Tehrani Mohd Faizal Musa or better known in Malaysia as Faisal Tehrani is human rights defender, author of more than 20 novels, and academician researching on sensitive topics. His works in human rights are recognized by Shia Rights Watch and World Public Forum: Rhodes Forum, a forum comprising of scholars from around the world. Other being scholar researching on human rights topics such as freedom of religion, Faizal is using his talent as fiction writer to promote human rights. In 2008, Professor Dr Nor Faridah Abdul Manaf from International Islamic University of Malaysia cited Faisal as daring and courageous writer, comparing him to other writers in Malaysia, whom according to her choose safe themes. This was stated in her paper 'Human Rights and National Literature: A Comparative Study of the Experiences in Malaysia, Thailand and the Philippines' Asiatic 2 (2): 7484. Among Faizal notable works regarding human rights are, Homosektual published by Mingguan Malaysia on 24th June 20121 and A Muslim, A Lutheran published on 19th October 20152. In 2015, Faisal also published ‘Advencer Yaya dan Fufu. Buku 1: Jangan Cakap Begitu’, a children book introducing Article 1 and 2 of The Universal Declaration of Human Rights 1948. Mohd Faizal also directed a docu-film entitled Leukerbad, on travelog of a human rights activist lobbying in Geneva, Switzerland. 1 http://ww1.utusan.com.my/utusan/info.asp?y=2012&dt=0624&pub=Utusan_Malaysia&sec=Sastera&pg=sa_01.htm 2 http://www.projekdialog.com/featured/a-muslim-a-lutheran/ 1 Summary of Contributions in the Field of Human Rights and Harassments Faced by Author/Human Rights Defender Dr Mohd Faizal Musa or Known as Faisal Tehrani of Malaysia 2008-2015 Date Act Person/group responsible for Harrasment 1 6 Feb 2008 Dr Mohd Asri Zainul Abidin, Mufti of the State of Perlis and influential scholar condemned the series of writings, Ketupat Cinta by Dr Mohd Faizal Musa or Faisal Tehrani in Harian Metro (tabloid newspaper) and openly called him a Shia who propagating the faith and called authorities to ban his works and take harsh actions. Since then, Dr Mohd Faizal loss his status as fear of Shi’ism suddenly mounting3. Malaysia restricted and banned the practice and spread of Shia Islam. Malaysia considers Shia as not part of Islam4. 2 26 July 2011 Human Rights Commission of Malaysia asking Dr Mohd Faizal Musa to contribute his expertise on the Shia’s issue in Malaysia5. 3 17 Oct 2011 JAKIM (Malaysia Islamic Development Department) and Malaysian Censorship Board banned Pelangi Ada Tujuh Warna, a television drama written by Dr Mohd Faizal Musa from being aired calling the author purposely propagating untrue Islamic virtues. However mysteriously on 8th December 2011, Home Ministry permitted the drama to be aired without any censorship6. Dr Mohd Asri Zainul Abidin, Mufti of the State of Perlis. Perlis Islamic Religious Department. JAKIM (Malaysia Islamic Development Department) and Malaysian Censorship Board. 3 Official letter from Perlis Islamic Religious Department to JAKIM (Malaysia Islamic Development Department), Home Ministry, and Chief Editor of Harian Metro. Reference letter MUFTI.Ps./AM.3/014(67). Dated 6th February 2008. “Shias are not Muslims, claims Jakim – Bernama”. 13th December 13 2013. TheMalaysian Insider: http://www.themalaysianinsider.com/malaysia/article/all-branches-of-syiah-teachings-in-malaysia-are-un-islamic-claimjakim-bern. 4 5 Official letter from Human Rights Commission of Malaysia to Dr Mohd Faizal Musa. Reference letter SHM.004/4/3. Dated 26 July 2011. 6 Official fax from Malaysian Censorship Board to Rumah Karya Citra, producer of the television drama. Reference fax number PCBM 2011023657. Dated 17th October2011. On the 8th December, Home Ministry send a letter permitting the drama to be air. Reference letter KDN.BKF. (S)/03/709/21/(64). 2 6 5-6th 2011 officially endorsed 27th 2011 Oct JAKIM (Malaysia Islamic Development JAKIM (Malaysia and Department) during their 78th and 79th official Islamic Development meeting on risky, dangerous and deviate publications Department) on concluded and banned Sebongkah Batu di Kuala Oct Berang by Dr Mohd Faizal Musa under the pen name Faisal Tehrani. No excuse given7. Dr Mohd Faizal Musa only realized the banning of the book from Maria Chin Abdullah, a HRD whom submitted an intervention on behalf of Aliran at the United Nations Human Rights Council in Geneva. In her report, the name and work of Faisal Tehrani has been mentioned8. 7 3 July 2012 Prime Minister, Datuk Seri Najib Tun Razak JAKIM (Malaysia and 6 July launched 30 books published by ITBM including Islamic Development 2012 Faisal Tehrani’s novel Perempuan Nan Bercinta. 3 Department) days after, JAKIM or Malaysian Islamic Development Department stated to an online news portal that the novel will be ban9. 8 31st 2013 July House of Senate was told to take action towards Senator Datuk Noriah author writing and propagating Shia through novels. Mahat. While debating on Rang Undang-Undang Perbekalan Tambahan (2012) 2013, Senator Datuk Noriah House of Senate. Mahat from the state of Johore called for government or Home Ministry to take stern action towards ‘Shia authors, writing Shia novels’10. 7 Official letter from JAKIM (Malaysia Islamic Development Department) to Negeri Sembilan Islamic Religious Department. Reference letter PADS. 196. (04). 632. Klt.3. Bil 52. Dated 22 November 2011. Aliran. 2012. Aliran responds to UN Special Rapporteur’s report. 5 th September. http://aliran.com/mediastatements/2012-media-statements/aliran-responds-to-un-special-rapporteurs-report/ Also Aliran’s media statement. 2012. Agree to disagree: Book-banning frenzy must end. 8th June. http://aliran.com/civil-society-voices/2012-civil-societyvoices/agree-to-disagree-book-banning-frenzy-must-end/. 8 9 Malaysiakini. 2012. Jakim timbang haram novel dilancar Najib. 6 July. http://www.malaysiakini.com/news/202827 10 Utusan Malaysia. 2013. Tarik balik karya penulis Syiah dari pasaran. 1st August. http://www.utusan.com.my/utusan/Parlimen/20130801/pa_04/Tarik-balik-karya-penulis-Syiah-dari-pasaran. Also Sinar Harian. 2013. Karya penulis fahaman Syiah diharam serta-merta. 31st July. http://www.sinarharian.com.my/semasa/karyapenulis-fahaman-syiah-diharam-serta-merta-1.188839. 3 9 13 Sept 2013 Following the call later, Syeikh Marwazi Dziyauddin Deputy Mufti of Kedah called to ban works with Shia elements, implying Faisal Tehrani’s novel11. A fatwa (religious decree) issued in 1996 at the 40th Special Muzakarrah (Conference) of the Fatwa Committee of the National Council for Islamic Religious Affairs, describing the Shia Ithna Ashari sect of Islam as deviant illustrates an intra-Muslim sectarian dimension. The Special Meeting led to the repeal of the 1984 agreement allowing the AlZaydiyyah and Ja’fariyyah creeds of the Shiite school to be practiced, whilst also: • Determining that Muslims in Malaysia should only follow the teachings of Islam based on the beliefs of Ahlus Sunnah Wal Jamaah in Doctrine, Law and Morals; • Prohibiting any doctrine other than that of Ahlus Sunnah Wal Jamaah from being spread; • Prohibiting the publishing, broadcasting and distribution of resources relating to the teachings of Islam which is opposed to the beliefs of Ahlus Sunnah Wal Jamaah12. 10 Sept 2013 Cultura. International Journal of Philosophy of Culture and Axiology 10(1)/2013: 67–84 published Dr Mohd Faizal Musa’s paper entitled Axiology of Pilgrimage: Malaysian Shi’ites Ziyarat in Iran and Iraq. 11 25 Sept 2013 Dr Mohd Faizal Musa joined research project organized by Human Rights Centre of the Social and Behavioural Science Research Cluster, University of Malaya to research on Shia minority13. 12 3 Oct 2013 World Public Forum invited Dr Mohd Faizal as a key note speaker at “Sunni-Shia Dialogue” Plenary Meeting held at the 11th Rhodes Forum, Greece. His presentation was later uploaded online14. He later Deputy Mufti of Kedah, Syeikh Marwazi Dziyauddin. Kedah Islamic Religious Department Universiti Utara Malaysia (UUM) 11 Mohd Idros Mohd Ali & Mohamad Fakhri Mohd Ali. 2013. Sebar Syiah Melalui Novel. 14 September. http://www.sinarharian.com.my/sebar-syiah-melalui-novel-1.201873 “Ke Arah Membendung Pengaruh Syiah Di Malaysia”, Tarikh Keputusan: 27 Feb, 1998, JAKIM: http://www.efatwa.gov.my/fatwa-negeri/ke-arah-membendung-pengaruh-syiah-di-malaysia]. Also “Fatwa Mengenai Ajaran Syiah”, Tarikh Keputusan: 26 Aug, 1996, JAKIM: http://www.e-fatwa.gov.my/fatwa-negeri/fatwa-mengenai-ajaran-syiah 12 13 Official letter from Dr Azmi Sharom, Head Human Rights Centre Social and Behavioural Science Research Cluster University of Malaya to Mohd Faizal Musa. Dated 25 September 2013. Mohd Faizal Musa. 2013. On the Eve of Malaysia’s Universal Periodic Review: Sectarian Apartheid. World Public Forum. 23 October. http://www.wpfdc.org/sunni-shia-dialogue/18873-on-the-eve-of-malaysia-s-universal-periodic-reviewsectarian-apartheid 14 4 published another paper regarding Shia at the site’s web15. 13 10 Nov 2013 Deputy Head of Angkatan Belia Islam Malaysia Angkatan Belia Islam (Abim) Kedah, Abdullah Din strongly called Malaysia (Abim) Kedah authorities to banned Faisal Tehrani’s novel in a workshop attended by religious teachers in the state of Kedah16. Mr Abdullah Din and Angkatan Belia Islam Malaysia (Abim) Kedah in his speech also praised Kedah State Government for initiating the Anti-Shia Enactment17. 14 27 Aug 2011 Mohd Aizam Mas'od, officer from Malaysia Islamic Religious Department (Malaysia Religious Authority) announced during a religious sermon attended by Prime Minister’s wife, Datin Sri Rosmah Mansor that Faisal Tehrani’s novel had been banned18. 15 Nov 2013 Journal of Shi‘a Islamic Studies Autumn 2013 ∙ Vol. VI ∙ No. 4 published paper written by Dr Mohd Faizal Musa, ‘The Malaysian Shi‘a: A Preliminary Study of Their History, Oppression, and Denied Rights’. In a letter to Mohd Faizal Musa (Faisal Tehrani), Home Ministry of Malaysia invited the author to a meeting to discuss the banning of five of his works on 9th December 2013. Sebongkah Batu di Kuala Berang, Perempuan Nan Bercinta, Ingin Jadi Nasrallah, Tiga Kali Seminggu and Drama Pentas Karbala are the works that have been mentioned in the letter. Advised by his lawyer, Mohd Faizal Musa responded in a letter dated 4th December 2013 to Home Ministry of Malaysia stating that he will not be coming to the meeting19. 16 3 Dec 2013 Malaysia Religious (Malaysia Authority) Islamic Department Religious Home Ministry of Malaysia Malaysia Islamic Religious Department (Malaysia Religious Authority) Mohd Faizal Musa. 2013. Malaysian Shi’ites Lonely Struggle. World Public Forum. 12 December. http://wpfdc.org/sunni-shia-dialogue/18949-malaysian-shi-ites-lonely-struggle 15 16 Bernama. 2013. Guru Pendidikan Islam Dikesan Sebar Fahaman Syiah Kepada Pelajar Di Kedah. 10 November. http://www.bernama.com/bernama/state_news/bm/news.php?id=992143&cat=ut 17 John Tiong. 2013. Kedah praised for Shia teachings ban. 20 July. http://www.nst.com.my/nation/general/kedah-praisedfor-shia-teachings-ban-1.322881. 18 Hayati Ibrahim. 2013. Syiah Muliakan http://www.hmetro.com.my/articles/Syiahmuliakanperkarajijik/Article/ Perkara Jijik. 26 November. 19 Official fax from Home Ministry of Malaysia to Mohd Faizal Musa. Reference letter KDN:PQ (S)600-1/1-Jld.5(4). Dated 3rd December 2013. Reply letter from Mohd Faizal Musa to Home Ministry of Malaysia. Dated 4 th December. 5 17 6 Dec 2013 Home Minister of Malaysia, Datuk Seri Ahmad Zahid Hamidi confirmed that two novels, by Faisal Tehrani, were banned for containing Shia Islamic elements, stating that three other books were also to be evaluated, and soon be banned20. Two novels banned are Sebongkah Batu di Kuala Berang and Perempuan Nan Bercinta. Three other books that are being evaluated are Ingin Jadi Nasrallah, Tiga Kali Seminggu and Drama Pentas Karbala. The statement by Home Minister of Malaysia on 6th December 2013 proved that the invitation to discuss five of his works on 9th December 2013 are baseless. Datuk Seri Ahmad Zahid Hamidi, Home Minister of Malaysia 18 15 Dec 2013 Shia Rights Watch based in Washington DC, United Home Ministry States of America recognized Mohd Faizal Musa as Malaysia an activist (academician) working on the rights of Malaysian Shias21. The Wall Street Journal reported on the banning of the two books by Malaysian government22. 19 3 Jan 2014 Department of Higher Education, Education Ministry of Malaysia stated in a letter to National University of Malaysia (UKM), where Mohd Faizal Musa is working as a Research Fellow in The Institute of Malay World and Civilization; as a threat to nation, subversive and sabotaging Malaysia by his involvement in the UPR process. Department of Higher Education, Education Ministry of Malaysia demanded National University of Malaysia (UKM) to monitor his activities23. 20 15 Feb 2014 The Wall Street Journal reported on the appointment of Dr Mohd Faizal Musa, a Research Fellow in The Institute of Malay World and Civilization, National University of Malaysia by Shia rights Watch and cited his academic contribution on researching Malaysian Shias24. of Professor Dr Morshidi Bin Sirat, Head of Department of Higher Education, Education Ministry of Malaysia. 20 3 Lagi buku sastera Faisal Tehrani diharamkan. 5 Dec. http://www.malaysiakini.com/news/248504. Also see Utusan Malaysia. 2013. Syiah: 3 karya Faisal Tehrani masih diteliti. 6 Dec. http://www.utusan.com.my/utusan/Dalam_Negeri/20131206/dn_28/Syiah-3-karya-Faisal-Tehrani-masih-diteliti---Zahid 21 Official letter from Mustafa Akhwand, Director of Shia Rights Watch to Mohd Faizal Musa. Reference letter 897. Dated 15 December 2013. 22 Celine Fernandez. 2013. Shia Malaysians on Trial. 16 December. The Wall Street Journal. XXXVIII (76): 3. See also the online version http://online.wsj.com/news/articles/SB10001424052702304173704579259473076713800. 23 Official letter from Professor Dr Morshidi Bin Sirat, Head of Department of Higher Education, Education Ministry of Malaysia to Vice Chancellor of Malaysian Universities. Reference letter JPT.S(G)2000/016/033 (2). Dated 3rd January 2014. 24 Celine Fernandez. 2014. Judge in Malaysia Dismisses Charges Against Three Shia. http://blogs.wsj.com/searealtime/2014/02/15/judge-in-malaysia-dismisses-charges-against-three-shia/ 15 February. 6 21 27 Feb 2014 National University of Malaysia (UKM) demanded explaination from Dr Mohd Faizal Musa on his activities in ‘the coalition of Malaysian NGO’s in the UPR process’ and activities involving the Shias25. On the 24th February 2014, Al-Khoei Benevolent Foundation invited Dr Mohd Faizal Musa to speak at breakout panel at the 25th Session of the United Nations Human Rights Council on 13th March 201426. Professor Rohimi Shapiee National University of Malaysia (UKM)’s legal advisor. 22 5 March Dr Mohd Faizal Musa responded to National 2014 University of Malaysia (UKM) stating that his research and activities are purely academic27. 23 13 March February 2014, Al-Khoei Benevolent Foundation 2014 invited Dr Mohd Faizal Musa to speak at breakout panel at the 25th Session of the United Nations Human Rights Council on 13th March 2014 24 2 May 2014 Malaysian Government stated that Faisal Tehrani’s (or Dr Mohd Faizal Musa) novel, Perempuan Nan Bercinta (The Beloved Lady) is officially banned . The banning is under Section 7(1) of the Printing Presses and Publications Act 1984 and the order was gazetted on April 9, 201428. Mere possession of a banned book can lead to a jail term and fine of 5,000 Malaysian ringgit (US$1,470). The ban followed a decree by the National Fatwa Council on May 5, 1996, which declared any production, broadcast and distribution of any books, pamphlets, films and video deviating from the Sunni teaching as haram (forbidden). Three reasons were given; the first of which was that it allegedly questioned and mocked Sunni hadiths as discriminatory against women, which leads to the Quran being portrayed as holding to a primitive mentality. Secondly, the novel allegedly worshipped the Ahlul Bayt group and portrayed those who do not follow the group as dubious Muslims. Ahlul Bayt, literally meaning The Home Ministry, Datuk Seri Dr Ahmad Zahid Hamidi Malaysia Islamic Development Department (Jakim) Official letter from Professor Rohimi Shapiee, National University of Malaysia (UKM)’s legal advisor to Dr Mohd Faizal Musa. Reference letter UKM(S)3.6/111/161/1 Jld.24. Dated 27th February 2014. 25 26 Official letter from Yousif Abualqassim, Director of Al-Khoei Benevolent Foundation to Dr Mohd Faizal Musa. Dated 24th February 2014. Official letter from Dr Mohd Faizal Musa to Professor Rohimi Shapiee, National University of Malaysia (UKM)’s legal advisor. Dated 5 March 2014. 27 28 http://www.themalaymailonline.com/malaysia/article/launched-by-pm-but-ministry-says-no-choice-but-to-bangovernment-published. Also see http://www.nst.com.my/latest/publication-ban-on-perempuan-nan-bercinta-1.585186 and http://news.malaysia.msn.com/tmi/lift-ban-on-shia-novel-says-1malaysia-foundation 7 “Members of the House”, refers to the family and descendants of the Islamic prophet Muhammad. Shia followers believe the group was the true interpreter of Muhammad’s teachings, while Sunnis believe in the interpretations of Muhammad’s companions. The ministry also claimed that the novel incited its readers to stand up to Sunni authorities, which had clamped down on religious freedoms and institutionalised Islam. 25 United Nations Human Rights in formal communication ‘Communications report of Special Procedures: Communication Sent 1 March to 31 May 2014 Replies Received 1 May to 31 July 2014 Case Number MYS 4/2014’ A/HRC/27/72, 2014' demand answer from Malaysian government on why Perempuan Nan Bercinta being banned, calling it human rights violation. Four United Nations' Special Rapporteur send a formal communication 'AL Cultural rights (2009) G/SO 214 (67-17) Assembly & Association (2010-1) G/SO 214 (56-23) MYS 4/2014' on 27th May 2014. They all mentioned the book banning and calling the action as harassments especially Faizal is working on works faith related and calling for freedom of religion. Those Special Rapporteurs are Special Rapporteur in the field of cultural rights; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; dan the Special Rapporteur on freedom of religion or belief29. 29 https://spdb.ohchr.org/hrdb/27th/public_-_AL_Malaysia_27.05.14_(4.2014).pdf 8 26 Mohd Faizal's blog blocked by Malaysian 25th August Government. It is stated; ‘NOTIFICATION. This 2014 website is not available in Malaysia as it violates the National law.’ Further click bring to another notification; ‘Access to this site has been denied under Section 263(2) Communications And Multimedia Act 1998 as it violates the following Malaysian law: Communications And Multimedia Act 1998. Breached provision of Section 211/233. The Section carries fine up to RM50,000 or jail up to one year or both. Malaysian Communications Multimedia Commission and Faizal published his opinion piece 'Theofascism and June the myth of ‘Moderate Malaysia’ calling Malaysian government to be siding with elements of extremism30. 27 26th 2014 28 8th January He started to document all death threats that he 2015/18th received. This month only I received three death January threats from different people. 2015 29 1st April 4 more books of mine Sebongkah Batu di Kuala The Home Ministry, 2015 Berang (novel 2011), Tiga Kali Seminggu (collection Datuk Seri Dr Ahmad of short stories 2010), Ingin jadi Nasrallah Zahid Hamidi (collection of poems 2010), and Karbala (stage play 2007) were banned by Malaysian government (Home Ministry). The ban was in accordance with Section 7(1) of the Printing Presses And Publications Act 1984. According to subsection 2 of section 8 of the Act, anyone found to have printed, imported, sold and in possession of the banned books in the country, can be jailed not more than three years or fined not exceeding RM20,000, or both. No credible reason were given in the gazettes31. 30 30th 2015 See Appendix June Faizal ordered his lawyer to file a Judicial Review on the banning of four books. 30 http://www.themalaymailonline.com/what-you-think/article/theofascism-and-the-myth-of-moderate-malaysia-dr-mohdfaizal-musa#sthash.HGeYzSO7.dpuf 31 http://www.malaysiakini.com/news/297326 or http://www.thestar.com.my/News/Nation/2015/05/05/Faisal-TehraniBooks-banned/ 9 31 September 2015 32 4 September Routledge announced that his paper will be 2015 published as chapter in book. Mohd Faizal Musa. 2017. ‘Religious Freedom in Malaysia: The Reading of Qur’an 2:256’. In Majid Daneshgar, Peter Riddell, Andrew Rippin. The Qur’an in the Malay-Indonesian World. Under the series, Routledge Studies in the Qur’an. The paper details on freedom of religion according to Tafsir Nurul Ihsan, the only complete exegesis from Malaysia. In this work, Faizal again referred the Malaysian Shia condition together with cases of converting to Christianity from Islam32. 33 7 September FB Page Bongkar Ajaran Sesat directly linked him to 2015 Shi’ism and suggest that ‘stern action’ should be taken. Following that, at least 3 commentators at the FB page proposed to other readers that somebody should a. run him with a car, b. shoot him (snipe) and c. kill him. One of the commentator who suggests to shoot him silently seems to get his idea about Shi’ism from Perlis state Mufti which he shared his view. The Perlis’s Mufti gave a televised view on Shi’ism on 2 August 2013 at state owned tv channel (RTM). 34 10 September 2015 32 Although being questioned by JAKIM and Minsitry, Faizal published another academic material regarding treatment of Malaysian Shia. Under his real name. Mohd Faizal Musa, ‘Islamic Revivalism & Human Rights Violation: The Friday Sermon Texts As Collective Religious Hatred’, Just Peace Diplomacy Journal No 11, International Peace Studies Centre (IPSC), Summer 2015, 25-52. ISSN 2043-9016 (Print) ISSN 2043-9024 (Online). Refer appendix First hearing after he filed judicial review at Kuala Lumpur High Court regarding the banning of 4 books mentioned above. The High Court judge grant permission to challenge the Ministry's decision33. http://www.tandf.net/books/details/9781138182578/ 33 http://www.nst.com.my/news/2015/12/118685/novelist-faisal-tehrani-seeks-overturn-book-ban. Also see http://www.themalaymailonline.com/malaysia/article/faisal-tehrani-files-application-to-review-ban-on-books. Or here, http://english.astroawani.com/malaysia-news/faisal-tehrani-files-application-review-ban-books-86401. 10 35 December 2015 Faisal published ‘Advencer Yaya dan Fufu. Buku 1: Jangan Cakap Begitu’. A children book introducing Article 1 and 2 of The Universal Declaration of Human Rights 1948. Mohd Faizal also directed a docu-film entitled Leukerbad, on travelog of a human rights activist lobbying in Geneva, Switzerland34. APPENDIX Death Threat 1: 34 https://www.youtube.com/watch?v=FT6ZZADlr1Y 11 Death Threat 2: Death Threat 3: 12 13 14 Death Threat 4: The guy Rizal Muhammad propose ‘to eradicate him from this country’. 15 16 Death Threat 5: The guy name Mohd Nasri Abd Rahman suggests others to run him with a car if they see him crossing a road Death Threat 6: The guy named Mohd Ikhwan call him to be killed (bunuh.) 17 18