Malaysian filmmakers Mohamad Khairianwar Jailani and Tan Meng Kheng are under fire this month, facing charges of offending the religious feelings of others. The writers and producers of the banned film, Mentega Terbang, are now navigating a complex legal landscape that raises questions about freedom of expression and the delicate balance between artistic freedom and religious sensitivities in one of Southeast Asia's most diverse countries.
Background: Religion in Malaysia
Malaysia is a multicultural country with rich religious diversity, including populations of Muslims, Hindus, Christians, and Buddhists. From 1824 to 1941, the British colonial empire imposed racial stratification on Malaysia, which set the foundation for ethnic and religious conflicts that still plague the country today.
Malays make up two-thirds of the population of Malaysia, and because the country has strict laws that forbid Muslims from converting to other religions, almost all Malays are Muslim. There are small communities of ethnic Malays who are either Hindu or Christian. Chinese Malaysians mostly practice Buddhism, and Indian Malaysians follow Hinduism.
The government of Malaysia maintains two legal systems, one non-secular court to deliberate Muslim-related matters and one secular court for all other issues. In recent years, the line between these two courts has become more and more blurry, raising the question of whether the Malaysian government stands behind its commitment to religious freedom and freedom of expression.
An Artistic Perspective: Mentega Terbang
At the center of the controversy is the film Mentega Terbang, a low-budget independent production that explores the afterlife through the eyes of a young Muslim girl. The protagonist delves into other religions to understand her ailing mother's fate. Some scenes depict the protagonist consuming pork and pretending to drink holy water, actions that are strictly forbidden in Islam. These images provoked the conservative government and even led to death threats against the director, Jailani.
The film was briefly available on a Hong Kong streaming platform before being banned by the Home Ministry in Malaysia, which didn't provide clear reasons for the decision. The filmmakers took a stand by filing a lawsuit challenging the ban, leading to the unprecedented criminal charges they now face.
Freedom of Expression in Malaysia
The charges against Jailani and Kheng raise critical questions about freedom of expression in Malaysia. The right to express oneself creatively is a fundamental aspect of any democratic society. However, the country has been witnessing a concerning rise in religious conservatism, particularly since the 2022 general election.
Human Rights Watch has accused Prime Minister Anwar Ibrahim's government of using the charges against the filmmakers as a political tool to gain support. This has sparked a debate on whether the legal actions taken against Jailani and Kheng are reflective of a broader trend of stifling dissent and artistic expression in the country.
Filmmakers Facing Jail Time
The Malaysian government is charging the filmmakers with the "deliberate intention of wounding the religious feelings of others." If found guilty, they could face up to a year in jail, a financial penalty, or both. Their defense, led by lawyer N. Surendran, contends that these charges are not only unreasonable but also unconstitutional, as they impinge upon the filmmakers' right to freedom of expression.
Jailani, the director, expressed disappointment, stating that he fears this legal action may serve as a deterrent, silencing storytellers and stifling the creative voices that contribute to Malaysia's cultural landscape.
Looking To the Future
The case of "Mentega Terbang" has become a focal point for discussions on the intersection of art, freedom, and religion in Malaysia. The outcome of this case will likely set a precedent, influencing how future creative works navigate the intricate terrain of religious sensitivities.
The international community will undoubtedly watch closely in the coming months. There is still some hope that the outcome will reflect a commitment to upholding democratic values and preserving the vibrant tapestry of Malaysia's cultural heritage.