'Rulers should break silence on Allah issue'

The Malay rulers have to say what they think of the Court of Appeal decision on the ‘Allah’ issue as it relates to fundamental liberties like religious freedom, as well as to the administration of Islam which falls under the jurisdiction of the states.

Constitutional expert Abdul Aziz Bari (left) said the Home Ministry had imposed a ban on the use of ‘Allah’ in the Malay edition of Catholic weekly The Herald for reasons of public order and security.

However, he cited a 1988 Supreme Court decision in the Mamat Daud case where ‘public order’ - which had been cited as an issue - was made to give way to other factors.

“The government lost the case as its assertion on using public order to prosecute people organising separate prayers in Terengganu and (what was dubbed) the ‘two imams issue’ was rejected by the highest court,” he said.

“Hence, we need to hear what the rulers have to say on The Heraldcase to know their stand. Under the constitution they are the heads of Islam and they should exercise their powers. The rulers are not bound by the government advice.”

The rulers may speak through the Conference of Rulers if all nine hold similar views on the ‘Allah’ issue, he said. 

“The Agong need to speak in his capacity as the head of religion for the Federal Territories, Malacca, Penang, Sabah and Sarawak,” he said. 

“After 2008, we have had several occasions where the sultans and Conference of Rulers issued public statements.

"This one issue has attracted world attention and thus it is only logical that the rulers should state their position.”

Abdul Aziz echoed the views of premier Najib Abdul Razak, Home Minister Ahmad Zahid Hamidi, Minister in the Prime Minister's Department Joseph Kurup, Sarawak Chief Minister Abdul Taib Mahmud and Attorney-General Abdul Gani on the matter.

“Technically the Court of Appeal decision binds The Herald, but as the issues are connected to provisions of the constitution and religion, its impact cannot be limited (to this). That is why the government has been trying to limit the damage done by the court decision,” he explained.

“They are obviously trying to do damage control given the restlessness (among the public). That is why I raised the possible links with other issues, namely religion and not just public order. Who are they (the executives) to say the decision is confined toThe Herald only?

“The ministers have no control over the legal interpretation (of a court decision), although they are entitled to their opinion. They have no power to limit the (court’s) decision.” 

'Improve the situation'

Abdul Aziz said the law is the law, whatever the ministers or Abdul Gani have to say.

“The law was handed down by the court, not by the executive, to which the ministers and Abdul Gani (left,belong). If they are serious about improving the situation, they should do it the right way,” he said.

The former law professor said the government had used the right channel during the appeal, by going through the court which is the interpreter of the constitution.

Now, he said, it has to either revoke the restriction imposed on The Herald or enforce it through legislation.

“Making statements through the media does not help and cannot be relied upon,” he said.

Abdul Aziz had earlier said that the only way such a decision can beremoved is through an Act of Parliament or by withdrawing the application from court.