Right to go to court over “Allah”
When it comes to deciding on policies and the implementation of laws, it is not the will of the majority that should advise the government. It is the Federal Constitution and the rule of law.
By Ding Jo-Ann (The Nut Graph)
THE argument that Malaysians are being asked to accept over the “Allah” issue sounds like this:
“Muslims are the majority in this country. In a democracy, the majority’s wishes should be prioritised. Christians may have the right to use the word ‘Allah’, but why do it when it provokes the Muslim Malaysian majority? The Catholic Herald started this mess by going to court and insisting on their right to call God ‘Allah’. If they had been respectful of peace and harmony and refrained from going to court, we would have been spared this situation of inflamed passions.”
The assumption underpinning these arguments is that non-Muslims who want to use “Allah” should be mindful of the majority’s “religious sensitivities”. But is democracy founded on the notion that whatever the majority wants, it must necessarily get? Is “tyranny of the masses” really what democracy is about?
Majority rules?
Notwithstanding whether a majority of Muslim Malaysians object to non-Muslims using “Allah“, it is incorrect to state that the majority’s wishes should prevail in this case.
(Pic by Jirikabele / sxc.hu) Majority rule is most applicable during elections, not when a question of rights is involved. In a Malaysian first-past-the-post election, for example, even though 49.9% of the electorate may have voted against the eventual winner, they still have to respect the majority’s decision.
But when it comes to deciding on policies and the implementation of laws, it is not the will of the majority that should advise the government. It is the Federal Constitution and the rule of law.
The need for this guiding principle becomes even more apparent when there are diverse views among the constituents; and even more so when there are shifting majorities. For example, if the decision on policies were to be decided by the majority, which majority should political leaders choose? In East Malaysia, the majority may support the use of “Allah” by non-Muslim Malaysians. Similarly in majority non-Muslim Petaling Jaya in Selangor.
Additionally, it is not clear whether there truly is a Muslim Malaysian majority that objects to the Herald and other non-Muslims using “Allah”. In the absence of a national referendum, how can the government even know what the majority wants?
Read more at: Right to go to court over “Allah”
