In the vibrant landscape of local indie cinema, numerous films crafted by talented Malaysians have garnered international recognition and earned prestigious awards. These films often strike a chord with Malaysians, providing a cinematic experience that resonates with our daily challenges, fostering a sense of patriotism, and instilling pride in our Malaysian identity. While many delve into the rich tapestry of Malaysia's multicultural society, one subject remains particularly sensitive—religion.
This sensitivity is exemplified in the local short film 'Mentega Terbang,' which has stirred significant controversy, leading its director and producer to face legal proceedings in court.
What Is Mentega Terbang & Why Is It Controversial?
In case you're unaware, 'Mentega Terbang' made its debut on November 28, 2021, at the Jogja-NETPAC Asian Film Festival, with Khairianwar as the producer. This indie film unfolds the narrative of a Muslim teenager grappling with religious conflicts as they explore the tenets of other major religions, prompting existential questions about life after death.
The film sparked a spectrum of reactions, mainly due to its exploration of a controversial theme in Malaysia. Some even drew comparisons between 'Mentega Terbang' and the late Yasmin Ahmad, who was previously dubbed a "cultural polluter" for her screenplays that diverged from traditional hadith and Islamic culture in Malaysia.
Read: Mentega Terbang Controversy: Director & Scriptwriter Still In Hot Water
Director & Producer Charged At Kuala Lumpur Magistrate’s Court
Following a considerable wave of criticism, the movie faced an official ban in Malaysia on September 1, 2023. This decision was enacted by the Malaysian Islamic Development Department, citing that the film's content contradicted the beliefs and practices of Muslims, particularly in accordance with the Syafie school of thought in Malaysia.
Four months subsequent to the countrywide ban, film director Mohd Khairi Anwar Jailani and producer Tan Meng Kheng found themselves charged under Section 298 of the Penal Code. This section pertains to deliberate actions intended to wound the religious feelings of any individual, encompassing uttering words, making sounds or gestures, or placing objects. If found guilty, this charge carries a penalty of imprisonment for up to one year, a fine, or both.
The alleged incident took place on February 26 of the prior year at 12:34 pm in the Diamond Regency apartment in Kuala Lumpur. Represented by attorneys N. Surendran and Zaid Malek, the duo pleaded not guilty in the magistrate's court.
Proposes RM10,000 Bail For Each Accused & Gag Order Against Commenting On The Case
According to reports, Deputy Public Prosecutor Nor Azizah Aling proposed a bail amount of RM10,000 for each defendant along with a restraining order prohibiting any comments on the case until its resolution.
"The bail requirement aims to ensure the defendants' consistent court attendance for the smooth progression of the trial," she explained.
Nor Azizah emphasized the need for a gag order due to the accused having already made comments on the case upon receiving court appearance notices and prior to today's proceedings. Additionally, she requested that both individuals report to the nearest police station and surrender their passports to the court.
In their defence, the legal representative for the duo, N. Surendran, contested the proposed bail amount, deeming it excessive for the sole purpose of ensuring their court attendance. Surendran argued that a more reasonable bail sum of RM1,000 each should be considered, pointing out that Khairianwar works as an independent filmmaker and Tan is a school teacher earning a monthly income of less than RM3,000.
He further contended that there was no necessity for a gag order, characterizing it as an extreme measure lacking legal justification. Surendran asserted that his clients posed no flight risks and had no intention to evade legal proceedings.
After considering arguments from both sides, the magistrates granted bail to Khairianwar and Tan in the amounts of RM6,000 and RM6,500, respectively, with one surety each. The magistrates also imposed gag orders on the duo, and Khairianwar was required to report to the Kajang district police headquarters once a month until the case reaches its resolution.
The mention of the case is scheduled for March 14.
Undoubtedly, films of this nature often find themselves amidst hot water and controversy, but the question remains: does 'Mentega Terbang' warrant such intense criticism solely based on religious beliefs? It's worth noting that there are more contentious films that could equally bring scrutiny to the nation's reputation.
Do you believe the judgment meted out is fair, or do you perceive it as unduly harsh?
Let us know your thoughts in the comments.
*Sources: Visual and Reference Credits to Social Media, Bernama, NST & various cross-references for context.
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