PAS unIslamic in discrimination of non-Muslim judges

Kamles Kumar Kamles Kumar Updated 7 years ago · Published on 12 Jul 2018 7:30PM · 9 Comments

Mohamed Haniff Khatri Abdulla is among several lawyers who are calling PAS' discrimination against non-Muslim judges 'unIslamic'. – The Malaysian Insight file pic, July 12, 2018.

ISLAMIST party PAS is “short-sighted” and unIslamic for opposing the appointment of non-Muslim judges to top government legal positions, lawyers said.

PAS information chief Nasrudin Hassan Tantawi today claimed that the legal rights of Muslims will be further compromised with the appointment of Richard Malanjum as Chief Justice, following other non-Muslim appointees for top government posts such as Tommy Thomas for attorney-general and Liew Vui Keong as de facto law minister.

However, lawyer Mohamed Haniff Khatri Abdulla said that accusations that Malanjum would be biased against Islam were “unfair”.

“The accusations of unfairness are unfounded. The comments of PAS are unIslamic. Islam forbids the separation of race, religion or skin colour,” Haniff told The Malaysian Insight.

“If Malanjum was biased, are you not suggesting that Muslim judges that make various decisions are biased in favour of Islam as well?” he said.

“This is an insult to Malanjum and judges as a whole. Judges are forbidden by their faith to make biased decision without looking at the material issues in dispute,” he said, adding that Malanjun was among the most qualified for the Chief Justice position.

Lawyer Syahredzan Johan said PAS was attempting to strike fear among Malays, similar to what Umno had been doing when the party was in control of the federal government.

“The ‘kerasahan Islam’ is created by irresponsible parties such as Tantawi himself who wants to take advantage of years of fear-mongering by Umno. Ironically, it is now PAS that is exploiting this,” he said, referring to Nasrudin by his nickname.

Syahredzan, who is political secretary to veteran DAP leader Lim Kit Siang, added the appointment of Liew as law minister would not be in conflict with Islamic jurisprudence.

“VK Liew is not the minister in charge of religion. He is the minister in the Prime Minister’s Department in charge of legal matters. He does not formulate policies relating to Islam.

“His portfolio is limited to the administration of justice such as the courts and lawyers, and not substantive law,” Syahredzan said.

He stressed that the appointment of non-Muslims will not affect the position of Islam which is enshrined in the constitution.

“Islam as the religion of the federation is guaranteed by the federal constitution. These appointments will not jeopardise the position of Islam,” said Syahredzan.

Fortify Rights legal director Eric Paulsen said PAS is trying to racialise the appointment of legal posts to stay relevant among Malays and Muslims.

“The problem with PAS is that they see everything through the eyes of religion. That is short-sighted as Malaysia is not a theocracy but instead a parliamentary democracy,” he told The Malaysian Insight today.

Paulsen also said that there is no way the appointment of non-Muslims as attorney-general, Chief Justice and law minister go against the federal constitution.  

“I would advise Nasrudin to read the constitution if he hasn’t already done so as there is no requirement for the Chief Justice to be a Muslim, and similarly also for the A-G and law minister.”

Meanwhile, Lawyers for Liberty adviser N. Surendran said it was dangerous for the Islamist party to suggest there would be decisions that were religiously motivated against the Malays.

“Should he not be ashamed to advance such backward arguments?

“It is also mischievous and defamatory for him to suggest that the new appointees will be prejudiced against any particular religion. While the country moves ahead, PAS remains stuck with identity politics,” he said.

Nasrudin warned Muslims that the situation in Malaysia would worsen with the appointment of the trio who would not put Islam as a priority.

“Islam was already topsy-turvy under the previous Barisan Nasional government. But now, it is clear that the change promised (by PH) will lead to a worse, more terrible situation,” said Nasrudin.

“Is this a situation of Muslims escaping the tiger’s jaws only to be lashed by the crocodile’s tail?” – July 12, 2018.

Sign up or sign in here to comment.

Comments

  • Very well said, all of you

    Posted 7 years ago by Ryan C · Reply

  • well written

    Posted 7 years ago by Lan Lan · Reply

  • PAS is Parti Anti Siuman..saya tiada masah dengan dgn Perlembagaan Persekutuan..yang jadi masalah ialah sikap PAS yang tidah jujur.PAS masih tak paham yang berulang kali di tegaskan dalam AlQuran ialah prinsip KEADILAN...

    Posted 7 years ago by Dr Shah Aziz Danny · Reply

  • If PAS were to delve into modern Malaysian history it will find useful precedents which does not support their views, e.g. The late Dato Athi Nahappan, an Indian Hindu, served as Malaysia's Attorney General in the 1970s. Later Tan Sri Dato Visu Sinnadurai was Commissioner of Law Revision in Malaysia who worked on removing archaiac laws from our statute book..

    Posted 7 years ago by MELVILLE JAYATHISSA · Reply

  • Just ignore what this "porn" watcher says. He has lost his credibility as an agama man.....

    Posted 7 years ago by Ken destino · Reply

  • When is PAS Islamic???? They are contradicting every practises of the true faith of Islam !!!!!!!!!!!!

    Posted 7 years ago by Lee Lee · Reply

  • Since when PAS is islamic? PAS always like to say other anti islam/muslim so can other say them anti christain/buddisht/hindu/etc then?

    Posted 7 years ago by Wire bug · Reply

  • Shortsighted and discrimination IS politics especially these days. Look at Trump. Islamic or not, is up to Muslim to think. Looking at religo text has no answer. Only thinking can. PAS counting on their flock do not want to think or fight for their minds.

    Posted 7 years ago by Bigjoe Lam · Reply

  • This is expected because religion is PAS' only political capital.

    Posted 7 years ago by Henry Mancini Jr · Reply