PETALING JAYA: DAP national chairman Karpal Singh’s suggestion to challenge, in court, Selangor Sultan Sharafuddin Idris Shah’s decree that the word ‘Allah’ is exclusive to Muslims was described as unnecessary by two prominent lawyers.
Speaking to FMT yesterday, human rights lawyer Eric Paulsen expressed concern over the plan as he feared the action might stir additional repercussions from right wing groups such as Perkasa and Isma.
“With all due respect to Karpal Singh, the move (taking the matter to court) won’t solve anything although legally he is right.
“It could raise the temperature as the issue is being played by all parties. And all we need is just a group of ‘mad’ people to make things ugly,” he said.
The co-founder of Lawyers for Liberty proposed that an open dialogue be held urgently, for a peaceful solution over the matter.
“What is important is that we need to come together and discuss on how to end this fiasco.”
“There are many quarters that are spinning the issue at this moment and that is not going to help in solving the issue.”
“Every stakeholder needs to talk sincerely about this issue and put an end to it,” he explained.
Meanwhile, constitutional law expert Syahredzan Johan said that there was nothing to be reviewed by the judiciary should Gelugor MP Karpal or other parties challenge the decree in the court of law.
Syahredzan recommended that Karpal challenge the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment of 1988 instead, as the Sultan’s decree has no legality.
“There is nothing new about the Sultan’s decree. It reiterated what the state said. Karpal should challenge the 1988 enactment as the decree has no legality to it.
“Perhaps Karpal might want to challenge on that basis as it does effect the Sikhs. They pray and use Allah in their prayer but if he decides to bring the decree to court I doubt that it would change anything as there is nothing to review,” said Syahredzan.
Last Wednesday, DAP national chairman Karpal Singh said in a press statement that prohibiting non-Muslims from using ‘Allah’ through state enactments and sultan’s decree can be challenged in court.
Karpal said the Federal Constitution guaranteed freedom of religion to all persons in the country under Articles 3(1), 11(1) and 12(3).
Article 3 recognises Islam as the religion of the federation, article 11 provides freedom of religion and article 12 provides for freedom from discrimination on the basis of religion, race, descent and birth place.
Karpal said this in response to Selangor exco on Islamic Affairs Sallehin Mukhyi who said that all non-Muslims, including the Sikhs, were not allowed to use the word Allah.
Sallehin had said the prohibition was based on the Selangor Non-Islamic Religions Enactment 1988 (Control of Propagation Among Muslims) and Selangor sultan’s decree last month that ‘Allah’ was exclusive for Muslims.
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