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Wednesday, May 24, 2023

Lawyer: Govt only needs 24 hours to amend laws on ‘Allah’ usage

 


The government only needs 24 hours to amend laws to ensure the word “Allah” can only be used by Muslims in Peninsular Malaysia and with restrictions for non-Muslims in Sabah and Sarawak, according to a lawyer.

Mohamed Haniff Khatri Abdulla said yesterday that the government cannot afford to delay this following Prime Minister Anwar Ibrahim’s announcement of this intent during the Dewan Rakyat session yesterday morning.

Haniff, in a media statement made through a video uploaded to his Facebook account, contended that it is only right for the government to get this done within 24 hours because the federal and state authorities are hindered from carrying out their duties over the “Allah” usage.

Haniff (above) said the government should not have withdrawn its appeal at the Court of Appeal over a High Court case involving Sarawakian Jill Ireland’s right to use the word “Allah” for religious and educational purposes, as the court process then could have gone all the way up to the apex court.

“Now, without the appeal and without the enactment of new laws, how are the enforcement authorities as well as state religious councils supposed to carry out their responsibilities (in relation to ensuring proper use of the word ‘Allah’).

“Following the prime minister’s announcement on enacting new laws so that it could be the same as the stance of the government then in 1986, then the enactment should not take more than 24 hours.

“It can be done instantly and without further delay. I believe our friends in the Attorney-General’s Chambers have the expertise and experience to ensure the amendments be done as soon as possible,” Haniff said.

Prime Minister Anwar Ibrahim

The lawyer added that the expediting of the amendments is critical as 10 states in Peninsular Malaysia alone have enactments that forbid the dissemination of non-Islamic faiths to Muslims.

Haniff contended that following the court case, the police and Customs Department as well as state religious authorities are facing problems with related enforcement.

Amendment and revocation

In Parliament yesterday, Anwar said the amendment and revocation of laws - that are in conflict with a Rulers Council's decision over the word “Allah” - was part of his administration's efforts to ensure that the issue may no longer be contested in the courts after the 2021 landmark decision in the Ireland case.

"The decision made, on the advice of the attorney-general, is to streamline (all related regulations). Otherwise, if we (the government) appeal, the case may surface again because of existing conflicts.

"So, because of that, we are putting an end (to it) by amending all regulations to make it clear and no further cases can be brought to court," said Anwar during the Prime Minister's Question Time.

He said this in response to Takiyuddin Hassan (Perikatan Nasional-Kota Bharu) who urged the government to justify its decision to withdraw an appeal in the Ireland case.

In raising his additional question, Takiyuddin also cited then deputy prime minister Ghafar Baba's note in 1986 to then prime minister Dr Mahathir Mohamad - which eventually led to a Home Ministry directive prohibiting the use of four specific words including “Allah” by non-Muslims.

Kota Bharu MP Takiyuddin Hassan

He said the note was one of three documents cited in the grounds of judgment in Ireland’s case, the other two being Mahathir’s letter dated May 19, 1986, to then Home Ministry secretary-general and the final Home Ministry circular dated Dec 5, 1986.

Earlier yesterday, Anwar, in response to Idris Ahmad (PN-Bagan Serai), reaffirmed that the Yang di-Pertuan Agong had consented to the government's decision to withdraw the appeal and that it was consulted with state Islamic councils.

Further, he said all proposed amendments to the current regulations will be presented to the Malay Rulers Council during its next sitting in July. - Mkini

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