Rudyard Kipling"
āWhen you're left wounded on Afganistan's plains and
the women come out to cut up what remains, Just roll to your rifle
and blow out your brains,
And go to your God like a soldierā
General Douglas MacArthur"
āWe are not retreating. We are advancing in another direction.ā
āIt is fatal to enter any war without the will to win it.ā āOld soldiers never die; they just fade away.
āThe soldier, above all other people, prays for peace, for he must suffer and be the deepest wounds and scars of war.ā
āMay God have mercy upon my enemies, because I won't .ā āThe object of war is not to die for your country but to make the other bastard die for his.
āNobody ever defended, there is only attack and attack and attack some more.
āIt is foolish and wrong to mourn the men who died. Rather we should thank God that such men lived.
The Soldier stood and faced God
Which must always come to pass
He hoped his shoes were shining
Just as bright as his brass
"Step forward you Soldier,
How shall I deal with you?
Have you always turned the other cheek?
To My Church have you been true?"
"No, Lord, I guess I ain't
Because those of us who carry guns
Can't always be a saint."
I've had to work on Sundays
And at times my talk was tough,
And sometimes I've been violent,
Because the world is awfully rough.
But, I never took a penny
That wasn't mine to keep.
Though I worked a lot of overtime
When the bills got just too steep,
The Soldier squared his shoulders and said
And I never passed a cry for help
Though at times I shook with fear,
And sometimes, God forgive me,
I've wept unmanly tears.
I know I don't deserve a place
Among the people here.
They never wanted me around
Except to calm their fears.
If you've a place for me here,
Lord, It needn't be so grand,
I never expected or had too much,
But if you don't, I'll understand."
There was silence all around the throne
Where the saints had often trod
As the Soldier waited quietly,
For the judgment of his God.
"Step forward now, you Soldier,
You've borne your burden well.
Walk peacefully on Heaven's streets,
You've done your time in Hell."
COMMENT | Of 'illegal temples' and public assemblies S Arutchelvan
Saturday, February 07, 2026
Malaysiakini : Questioning the legality of temples can create a bitter social climate, as seen in the rising tensions on social media.
I
would personally like to organise a protest against Indian Prime
Minister Narendra Modi, but in a polarised nation, every action is
viewed through a racial lens and tailored to assert one groupās
supremacy over another. Rational thought has little place in such
discourse.
On Dec 11, 2025, Selangor ruler Sultan Sharafuddin Idris Shah urged Malaysians to stop using divisive labels like āType Mā or āType Cā and ākafirā on social media.
Sultan Sharafuddin Idris Shah
Nevertheless,
these terms continue to fill our online spaces. Any form of rational
discussion is muddled in narrow, racially-charged arguments.
Temples: Permitted or prohibited?
A recent uproar arose when a temple
had to make way for a mosque in Masjid India. The temple was said to be
100 years old, yet in the eyes of the law, it was without a title.
You
might call it ānot registeredā or āillegalā, depending on how crude you
wish to be. The matter was eventually resolved under heavy police
presence when the temple agreed to move to an alternate site provided by
the local authority.
Dewi Sri Pathrakaliamman Temple
Yet,
the issue continues to linger; various groups have taken entrenched
positions. Hindus generally support the temple, while Muslims largely
oppose its presence there.
These stances are neither surprising nor unexpected. Politicians, including the prime minister himself, have argued along ethnic lines, as have Indian politicians.
Religious
organisations have also been consistent in representing their own
communities. Social media discourse has grown so toxic that police have
taken action against several individuals for inflaming tensions.
In
this article, I aim to provide some clarity on the concepts of
āpermitted/legalā and āprohibited/illegalā temples, hoping to open
hearts and minds across faiths to view this complex issue in a clearer
and more factual light. May this offer insight to both Hindu and Muslim
followers.
My personal position is that temples should not be
built arbitrarily and must be regulated. At the same time, labelling all
temples as trespassers or illegal is incorrect and unfounded.
Categories of Hindu temples
In my view, Hindu temples fall into three categories.
First
up, temples with land titles: These are built on privately owned land
or land approved by the land administratorās office. Such temples face
no legal issues, but are in the minority.
The second ones are the
long-established temples. These are large, decades-old temples, some
over a century old, that serve important religious functions and hold
deep sentimental value.
They have historically received political
support. Most are registered with the Registrar of Societies (ROS) or
the Malaysia Hindu Sangam (MHS).
MHS is often seen as a legitimate
authority representing Hindu interests and is invited by the government
to interfaith dialogues.
However, it lacks the statutory
authority of bodies like the Islamic Development Department (Jakim) or
the Christian Federation of Malaysia (CFM). Only Penang has a Hindu
Endowments Board (HEB) managing temple affairs.
Pakatan
Harapan once promised to establish Hindu endowment boards in Kedah,
Perak, Selangor, Pahang, Negeri Sembilan, Malacca, and Johor - a pledge
still unfulfilled.
Thirdly are the estate temples. Historically
speaking, plantation companies supported these temples, which provided
spiritual escape for workers oppressed under the British employers, and
then later local employers.
Estate owners often supported two
institutions: toddy shops and temples - both offering relief to
low-wage, harshly treated labourers.
These temples were built on private plantation land, where land titles are not held by the temple committees.
Since
the 1980s, with industrialisation, many estates have been converted
into industrial zones or upscale housing. When developed, temples were
sometimes evicted, relocated, or, in some rare cases, granted land by
the former estate or state.
The Seafield Estate temple is a prime
example. Many Indians remember its violent intrusion by hired men, while
many Malays recall the tragic death of firefighter Adib Kassim.
Adib Kassim
Although no one was charged in connection with Adibās death, the incident remains racially divisive.
When
estate land is sold to developers, negotiations determine whether
temples stay or move. The Seafield temple ultimately remained. Such
disputes often arise when plantations cease operations and land use
changes.
Section 214A ā The Estate Land Board
So,
are plantation workers and the amenities they enjoy - housing, temples,
schools - protected by law when estates are developed?
Many are
unaware that under Section 214A of the National Land Code (Act 828), any
company or landowner seeking to develop former estate land must obtain
approval from the Estate Land Board (ELB), usually chaired by the
menteri besar or the state executive councillor in charge of land
issues.
In our experience, the MB or exco should ensure housing,
schools, and temple issues are resolved before land-use conversion is
approved.
Without ELB or the state governmentās support,
agricultural land cannot be reclassified for development. Here, we see
how wealthy landowners can lobby or allegedly bribe state governments to
secure ELB approval without resolving temple relocation. Years later,
these temples became flashpoints of dispute.
Temples in hospitals, other sites
Another
issue involves temples near hospitals, railways, or roadsides. Many
were built decades ago by Indian labourers who constructed roads,
railways, and other infrastructure.
Historical records confirm
that the first labourers to build railways and roads were from India,
who were later granted citizenship by mutual agreement among major
parties of the time.
These early workers built temples at
worksites for safety and spiritual assurance, believing they warded off
supernatural threats. Malay, Chinese, and Indonesian folklore also
abounds with tales of spirits.
The difference is context. Then,
these temples were in remote areas, on low-value land, unnoticed. Now,
due to urbanisation, they appear to be in city centres, on roadsides, or
in towns.
Though the temples predate Merdeka, why didnāt they acquire land? This is the question always levelled at Hindu temples.
A temple in the vicinity of Taiping Hospital
And
this is the answer. Worshippers are typically B40 labourers and estate
workers, not high-income earners. Moreover, obtaining land approval is
difficult, and many temples now sit on private or state land under the
Torrens System (a system where the land register is everything, granting
the registered proprietor an indefeasible title that overrides all
prior and subsequent unregistered claims).
Some have been relocated by local authorities, but buying titled land at their original site is rarely feasible.
Similarly,
some hospitals host long-standing temples serving patients and staff.
For decades, these were accepted as part of the hospital landscape, with
certain rules like no drumming or loudspeakers - generally followed
without issue.
Malay doctors, nurses, and others rarely
complained, reflecting a level of tolerance and understanding
communities had then compared to todayās social-media-influenced
sensitivities.
When people complain about these temples existing on hospital land, others would turn around and ask about the surau.
Both the surau and temple do not deteriorate the well-being of people, but recent insinuations are worrying.
Temples without strong tradition, following
Of
course, there are also temples built arbitrarily without strong
tradition or large followings, the ones I disagree with. Many Hindus
themselves oppose these.
A small minority are built by gangs as
fronts for illicit activities. If a temple lacks congregants or is
controlled by a small group, it lacks the legitimacy of long-established
temples.
Another subcategory is family temples, originally private, that gradually expand and hold public festivals.
Local
authorities should ensure these remain on private property without
disturbing neighbours. Private family temples should not become public
institutions.
Selangorās temple policy under Pakatan
A
fairly good policy was enacted when Pakatan Rakyat (PKR, DAP, PAS)
governed Selangor in 2008. They conducted a comprehensive survey of all
temples, categorising them by age (for example, over 100 years),
location, and land status.
Temples over a century old were to be
preserved onsite; those existing before 2008 were to be relocated to
suitable sites or non-Muslim places of worship.
And temples built
illegally after 2008 faced immediate demolition. This balanced approach
regulated temples effectively - notably, PAS was part of the government
that formulated this policy under then-menteri besar Abdul Khalid
Ibrahim.
In essence, this is a class issue, not a racial one. When
the temple issue erupted, a perception emerged that Muslims build
mosques on wakaf land, while Hindus build temples on othersā land.
In
defending urban pioneer settlements - mostly Malay-Muslim communities
like Kampung Aman, Kampung Chubadak, Kampung Rimba Jaya, Berembang, and
others ā PSM has seen surau and mosques built on untitled land,
supported by politicians and residents.
These low-income
communities migrated from villages to cities in the 1970s, heeding the
call of the second premier, Abdul Razak Hussein.
After decades,
wealthy developers bought the land they occupied. Suddenly, these
communities were served eviction notices, their surau now labelled
āillegalā, and they were branded trespassers.
In
such cases, PSM stands firmly with urban pioneers, defending their
places of worship. Developers often demolish surau first to demoralise
the community.
The image of children chaining themselves to the
surau in Kampung Berembang remains vivid - a house of worship demolished
ruthlessly for the sake of the rich, or āthe super-richā, as the prime
minister terms them.
PSM is deeply aware that having money to buy
land does not make one righteous, and those who have lived there for
generations are not trespassers. The Torrens System recognises land
owners, not who came first.
Legal position on untitled land
The
late chief justice of Malaya Harun Hashim, in several urban pioneer
cases, denied outright demolition rights, considering who settled first,
whether the land office offered residents ownership opportunities, and
the equity of their contributions to the land.
In Kampung Bumi
Hijau, Kampung Pasar Baru, Kampung Pandan, Kampung Chubadak, and Kampung
Kerinci, developers failed to evict original settlers via Order 89 of
the Rules of Court 2012 because courts recognised settlersā rights.
Moreover,
Article 13 of the Federal Constitution states: āNo person shall be
deprived of property save in accordance with law, and no law shall
provide for the compulsory acquisition or use of property without
adequate compensation.ā
In
Sentul Murni Sdn Bhd v. Ahmad Amirudin Kamarudin (Kampung Chubadak),
the Court of Appeal ruled that settlers were not squatters.
The
court acknowledged that Sentul Murni knew prior interests existed on the
land before the ownership transfer, and the settlement was long known
to the state government and the Kuala Lumpur City Hall (DBKL).
In
other cases, the chief justice questioned the land office: why grant
land to developers while residents still lived there, and were they
informed?
These are the same arguments used by lawyers for the
Dewi Sri Pathrakaliamman Temple at Masjid India, built on land owned by
Jakel. The templeās legal defence mirrors that used to protect
traditional urban pioneer settlements labelled āillegalā.
In a
nutshell, in the temple issue, many are consumed by racial sentiment,
overlooking facts. Blind calls on social media to demolish all temples,
including long-established ones, are irrational and unwise.
Simultaneously,
regulation is needed to prevent arbitrary temple construction. History,
tradition, and law must be discussed together.