KUALA LUMPUR — The post of attorney-general (AG) must be held by a Muslim, PAS asserted today amid conflicting views over the government’s nomination of senior lawyer Tommy Thomas for the job.
The Islamist party’s information chief Nasrudin Hassan indicated that only a Muslim AG will be capable of advising the government on Islamic matters to safeguard the rights and interests of the country’s majority Muslim population.
“Islam is the religion of the federation. The appointment of the Attorney General must take off from there. Must be a person who is seen as capable of defending Islam as the country’s religion,” he said in a statement.
He said among the AG’s main tasks is as the main legal adviser to the Malaysian government.
He also pointed out that the King is sworn to “protect the religion of Islam at all times”.
“Therefore the attorney general nominated by the government to be appointed by the YDP Agong must be capable of protecting Islam on His Majesty’s behalf.
“It would be awkward if the appointed attorney general is non-Muslim or is incapable of carrying out tasks to that purpose,” Nasrudin added.
He then claimed the appointment of the AG must also fulfil the wishes of the majority population who are Muslim as “Islamic sensitivities must be protected”.
He said Malaysia cannot have a non-Muslim AG as the office bearer’s view would “conflict with Islam as the nation’s religion”.
“PAS, Muslims and those who prioritise harmony and respect the Malay royal institution fully support the YDP Agong’s rejection of the nomination of Tommy Thomas to be appointed Attorney General,” he concluded.
Several media reported the Yang di-Pertuan Agong Sultan Muhammad V had rejected Thomas, a prominent lawyer who is well versed with the constitution as the Pakatan Harapan (PH) government’s sole nominee.
According to The Malaysian Insight and several bloggers close to the PH administration, the reason was because Thomas is an ethnic Indian and is not Muslim.
According to The Sunday Star, the King’s rejection is more to do with his preference for the next AG to be a member of the judiciary than his ethnicity or creed and had suggested four names, including judges from the Court of Appeal and Federal Court, to the government.
Legal professionals say the delay in appointment is worrisome as the country currently does not have a functioning AG who is needed to implement much needed institutional and legal reforms.
The incumbent AG Tan Sri Mohamed Apandi Ali has been put on garden leave due to his links with the 1Malaysia Development Berhad scandal. – MALAY MAIL
Tommy Thomas believes Malaysia is a secular state and can’t help the King preserve Islam, says group
PETALING JAYA: Pakatan Harapan’s proposal to have Tommy Thomas as the Attorney-General (AG) is unconstitutional, said Institute of Islamic Strategic Research Malaysia (Iksim) chief executive officer Prof Datuk Mahamad Naser Disa.
He said this was because a non-Muslim could not assist the Yang di-Pertuan Agong (King) in preserving the sanctity of Islam at all times, and therefore breaches Article 145(2) of the Federal Constitution.
Mahamad Naser said in a statement on Sunday (June 3) that Article 145(2) states that it is the duty of the AG to advice the King or Cabinet on any legal matter.
“His stand and that of like-minded Muslim lawyers that Malaysia is a secular country clearly infringes on the Constitution that states that Islam is the country’s official religion,” he said.
Mahamad Naser said the AG’s post should be held by any judge or senior lawyer who is well versed in Islamic and royal matters, not just on principles of law and democracy.
He added that Thomas’s appointment as the AG could also hamper the government’s efforts to introduce new laws and policies which touch on Islamic matters.
“The people will also be very alarmed if he becomes the new AG as he once represented Parti Komunis Malaya leader Chin Peng in calling for the government to allow his body to be buried in Sitiawan, Perak,” he added.
He pointed out that in his book written in 2016, Thomas had described Chin Peng as one of the great liberation fighters of the second half of the 20th century and a major contributor to Merdeka.
Mahamad Naser also said that a conflict of interest is also bound to happen should Thomas be the AG as he (Thomas) is representing Finance Minister Lim Guan Eng in his corruption cases.
“The power to proceed or throw away the case is the discretion of the AG. Thomas’s credibility will be questioned should he side with his former client,” he said. – ANN
MALAY MAIL / ANN
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