‘Sultan’s decree can be challenged in court’

Federal Constitution supercedes state enactments and Selangor sultan's decree, says Karpal.

PETALING JAYA: Prohibiting non-Muslims from using ‘Allah’ through state enactments and sultan’s decree can be challenged in court, said DAP national chairman Karpal Singh.

“The decree of Selangor Sultan Sharafuddin Idris Shah that the word ‘Allah’ is exclusive to Muslims is misconceived,” he said in a press statement today.

“In my view, the constitutionality of the prohibition, as in the case of Penang, is certainly open to challenge in a court of law,” he said.

Karpal said the Federal Constitution guaranteed freedom of religion to all persons in the country under Articles 3(1), 11(1) and 12(3).

Article 3 recognises Islam as the religion of the federation, article 11 provides freedom od religion and article 12 provides for freedom discrimination on the basis of religion, race, descent and birth place.

Karpal said this in response to Selangor exco on Islamic Affairs Sallehin Mukhyi who said that all non-Muslims, including the Sikhs, were not allowed to use the word Allah.

Sallehin had said the prohibition was based on the Selangor Non-Islamic Religions Enactment 1988 (Control of Propagation Among Muslims) and Selangor sultan’s decree last month that ‘Allah’ was exclusive for Muslims.

Sallehin made the statement in reaction to Karpal’s statement on Sunday.

The Bukit Gelugor MP had said that the Sikhs in Penang and other states could use ‘Allah’ because a syariah enactment in Penang had no consequence since freedom to practise one’s faith was guaranteed under the Federal Constitution.

Almost all the states have an enactment prohibiting the use of Allah and other Arabic words among non-Muslims.

“The decree and the enactment can be challenged on the basis that the Federal Constitution is the supreme law of the land and any law inconsistent to the constitution can be void,” he said.

Karpal also called upon Prime Minister Najib Tun Razak to clear the air on the issue and ensure that the Sikhs were not denied their constitutional rights to practise Sikhism in peace and harmony.