In Malaysia, a country where film and faith intertwine sensitively, two filmmakers have been thrust into the judicial spotlight after their work sparked controversy. Mohamad Khairianwar Jailani, director and co-scriptwriter, alongside producer Tan Meng Kheng, confronted charges of intentionally hurting religious sentiments through their movie “Mentega Terbang.” This notable case emerged on Wednesday, marking a particularly rare instance of filmmakers facing criminal prosecution in the realm of cinema.
In a defiant stance against the accusations, Jailani and Kheng entered a plea of not guilty. The charge focalizes on their alleged deliberate intention to wound religious feelings through their independent, low-budget creation. The stakes are significant; a potential conviction could lead to a one-year imprisonment, a monetary fine, or both penalties imposed jointly.
N. Surendran, defending the pair in court, asserted that the accusations were not just unfair but also contravened fundamental constitutional rights. He highlighted that the right to freedom of expression was at stake, branding the charges as groundless. “As far as we are concerned, these are groundless charges and we will challenge those charges in court,” Surendran contested.
“Mentega Terbang,” which translates to “Flying Butter,” first made its appearance at a film festival in 2021. It tells the poignant tale of a young Muslim girl on a quest, through various religious lenses, to understand the eventual destination of her critically ill mother’s soul. The film’s narrative elements, including scenes where the girl exhibits a desire to consume pork – an act forbidden in Islam – and mimics the act of drinking holy water, fueled ire among sections of the Muslim community. Adding to the controversy, the depiction of her father encouraging her to abandon Islam catalyzed death threats against director Khairianwar.
The movie saw a brief period of accessibility on a Hong Kong streaming service in the previous year before its abrupt removal. Last September, the Malaysian Home Ministry prohibited the film, abstaining from providing clear explanations for the ban. A counteraction ensued from the filmmakers in the form of a legal complaint disputing the government’s decision. This legal move preceded the charges being formally brought against them.
The subject of religion is particularly delicate in Malaysia, a multicultural nation of 33 million, of which two-thirds are ethnic Malays mandated by law to adhere to Islam. Cases of apostasy, or renouncing one’s faith, are deemed sinful and carry grave social consequences. Alongside the predominant Malay-Muslim population, substantial Chinese and Indian communities also reside in Malaysia, practicing Buddhism, Hinduism, and Christianity, contributing to the rich religious tapestry of the country.
An undeniable surge in religious conservatism has been observed, especially after a Malay-Islam political coalition secured notable victories in the November 2022 general elections. The charge against the filmmakers is seen by some as an attempt to placate the conservative Malay populace for political mileage.
Human Rights Watch directed sharp criticism at Prime Minister Anwar Ibrahim’s government, accusing it of undermining the principles it once stood for. Phil Robertson, the group’s deputy Asia director, decried the government’s actions as a regression to old ways the current PM once opposed. Robertson’s call was forthright: “The government should reverse course, uphold human rights principles, immediately direct prosecutors to drop these ludicrous, rights-abusing charges, and lift the ban on the film.”
Adding another layer to the ongoing case, the court has barred the filmmakers from publicly discussing the case and imposed a mandate that they report to the police on a monthly basis.
In the face of these adversities, Khairianwar expressed his concerns to Free Malaysia Today, fearing the impact this would have on the creative community. “I am disappointed if this is a way to silence storytellers,” he said. His worries resonate in a country where the liberty to narrate diverse tales is now under the microscope, further fueling the discourse on the essential balance between religious sensitivity and creative freedom.
