Malaysia Today - Your Source of Independent News
Malaysia Today - Your Source of Independent News |
| Court of Appeal’s decision on Allah Posted: 16 Oct 2013 04:34 PM PDT
Dato' Zainul Rijal Abu Bakar It has come to the attention of Muslim Lawyers' Association Of Malaysia (PPMM) that there has been some misconception and/or misunderstanding as to the actual decision delivered by the Court of Appeal on the Allah matter. The subject matter before the Court of Appeal was pertaining to the legality of the condition imposed by the minister prohibiting the use of the word Allah in the specific publication of Herald – The Catholic Weekly. This matter came before the Court on the application of Titular Roman Catholic Archbishop of Kuala Lumpur by way of judicial review, which is a specie of actions to be brought before court in challenging the legality of ministerial and/ or administrative decisions. It was the Archbishop who complained in that application to the then High Court that the Minister was wrong in imposing the said condition which amongst others infringed the Archbishop's purported guaranteed rights under Article 3(1) of the Federal Constitution, and that the minister's reliance amongst others on the existence of the anti propagation laws under article 11(4) of the Federal Constitution would also be furthering that infringement. In the light of that background, the Court of Appeal in determining whether the High Court was correct or otherwise in its decision, was duty bound to examine the complaint of the Archbishop under Article 3(1) and 11(4) of the Federal Constitution. Hence, a careful reading of all the three judgments of the Court of Appeal will show that the Court had ventilated, studied and considered the application of all the relevant provisions of the Federal Constitution as well as the related provisions of all the necessary statutes in coming up with the decision to answer the complaint of the Archbishop in his application for judicial review of the Minister's conditions imposed. It is very clear from the decision of the Court of Appeal, that what it decided was specifically with regards to the legality of the imposition of the condition by the minister in which the unanimous decision is "that the minister has not acted in any manner or way that merit judicial interference on his impugned decision", which simply means that the Archbishop was prohibited from using the word Allah in the Herald. Therefore, PPMM would wish to stress that as far as the Court of Appeal's decision is concerned, PPMM is of the view that the decision goes as far as prohibiting the Archbishop from using the word Allah in the Herald, and nothing beyond that. It would be a misconception on the part of any sections of the public, locally and/or internationally to deem that the decision of the Court of Appeal has in any way put out a blanket prohibition on any section of the non-Muslim community of Malaysia from using the word Allah. However, a careful reading of the said judgments will also show that all members of the Malaysian community were allowed to use the word Allah in the sense of the Quranic/ Islamic reference to God, which is as pronounced in Surah Al Ikhlas, ("Purity") (Chapter 112) as follows: "Say: He is Allah, The One and Only; Allah, the Eternal, Absolute; He begetteth not, nor is He begotten; And there is none Like unto Him.". In conclusion, PPMM would humbly call for all sections of the public to read and understand the judgments of the Court of Appeal in the sense in which it was given, and also not to make unnecessary and unwarranted remarks which may lead to confusion and/or bordering contempt. – October 17, 2013. * Dato' Zainul Rijal Abu Bakar is the president of the Muslim Lawyers' Association Of Malaysia.
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| Posted: 16 Oct 2013 11:37 AM PDT
This would never have been a fear of parents during our childhood except maybe during the war. Especially not when it was a public holiday and playing outside the family home with friends on a bicycle. Dr Kok Chin Leong, President of the Malaysian Paediatric Association Shock and disbelief best describes our feelings on hearing the news of a 10 year old boy who was shot through his nose and now warded in the paediatric intensive care unit of Hospital Raja Permaisuri Bainun, Ipoh, Perak. The bullet is lodged at the back of his skull in between the cervical vertebrae (bones at the nape of the neck) narrowly missing his spinal cord and major blood vessels in the neck. This would never have been a fear of parents during our childhood except maybe during the war. Especially not when it was a public holiday and playing outside the family home with friends on a bicycle. Medical school does not prepare one for these sort of urban challenges which may not be uncommon in the west or in the context of a country with lax gun laws and heavy debate on such issues are commonplace. From shooting incidents to accidental "friendly" fire and now this current scenario, we fear that it can only get worse. This is further complicated with the recent "shoot first" statement from the Home Minister. There is no culprit except negligence here. The concerned policeman ought to have known better. Protectors of the law are armed for a reason and that is to act as a deterrent towards crime prevention rather than for the said weapon to be used for assault. This was not a shoot first, ask later type of case. This was just plain negligence, transgressing all norms of gun care and is simply inexcusable. We as concerned citizens and paediatricians as well as child protectors ask for better due care and accountability. A review of existing gun laws and the enforcement of more stringent protocols and Standard Operating Procedures of firearms is called for.
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