Islamic or secular? CJ told to make a stand

Chief Justice Arifin Zakaria must make a stand on whether he agrees that Malaysia is an Islamic state or a secular state, said academician and constitutional expert Abdul Aziz Bari.

 Aziz agreed with Puchong MP Gobind Singh Deo's suggestion that the government should utilise Article 130 of the Federal Constitution to get clarification over the matter.

"The Federal Court, especially the CJ, must show leadership in the matter, just like the way the United States Supreme Court did over the years.

"The court may get it wrong, but it can make amends later. That is why it is not bound by its decisions," Aziz added.

Gobind in a statement yesterday urged the Yang di-Pertuan Agong to invoke his powersunder Article 130 of the constitution to refer questionable issues of law to the Federal Court, especially on whether Malaysia is a secular state.

Aziz, said it was incumbent on the Federal Court, being the apex court in the country, to interpret the matter so as to make the issue clear.

It would be interesting to see whether the apex court would stick to 1988 case decision by former lord president Salleh Abas, or otherwise.

In the matter of Che Omar Che Soh vs Public Prosecutor, the court held that Article 3, which defines Islam as the religion of the federation, means that it relate to such acts as rituals or ceremonies only, and therefore, the then Supreme Court ruled, Malaysia is a secular country.

Aziz (left) said some have already said that Salleh may have made a slip in the decision by ignoring the many provisions in the constitution over the literal reading or meaning of Article 3 (1).

“Some are intrigued that the constitution says Islam is the religion of the federation,” he said.

The expert on the constitution said there must be clarity in this issue, rather then to rely on the statement of Minister in Prime Minister's Department Jamil Khir Baharom.

“We must not forget that former prime minister Dr Mahathir Mohamad had also said in 2001 that Malaysia is an Islamic state. Hence, the government should ask the Federal Court to make a ruling on this,” he said.

There are many issues that may need the court's intervention, including hudud, where a person with the locus standi (legal standing) should go to court to get clarification on whether hudud can be implemented, and if so, by whether the federal or state governments, Aziz added.