Non-Muslims put in a SPOT by overly wide Allah ruling - constitutional expert

The Court of Appeal ruling on The Herald puts non-Muslims "in a difficult" situation as the implications of the judgment is wide ranging, says constitutional expert Dr Abdul Aziz Bari.

He said although technically the judgment only binds the Catholic weekly, one cannot discount it covering other situations in the future, such as disallowing non-Muslims from singing state anthems containing the word "Allah".

"You have to remember that with Malaysian laws, first we have the Constitution, we also have statute law and thirdly case law, so in other words, the implication is wide ranging.

"If the government or others in future cite this (judgment), then nothing can be said, unless Parliament passes a legislation to exclude it.

"Or if the Federal Court overturns the appeals court's judgment, then the impact is limited," Abdul Aziz said when contacted today.

The Malaysian Bar has also issued a statement expressing deep concern in view of the justifications for the decision.

The concerns stem from the Court's interpretation of Article 3(1) of the Federal Constitution on the status of Islam and other religions and Article 11(1) and (4) on the fundamental right to profess and practise a religion, said Malaysian Bar president Christopher Leong.

He said the words "in peace and harmony" in Article 3(1) have been interpreted to protect the sanctity of Islam, which is "an unnatural reading".

"The words in their clear and ordinary meaning provides for the right of other religions to be practised unmolested and free of threats.

"It is unreasonable and contrary to the Constitutional scheme that a fundamental liberty is liable to be denied on the basis that some people would be confused," Leong said, adding the effect would be to encourage a perpetual state of confusion or ignorance.

The Sundaily