10-point solution is valid, but will Putrajaya honour it, ask lawyers
By V. Anbalagan, Assistant News Editor, TMI
The 10-point solution, which among others allows Christians to use the AlKitab in their worship, is still valid, but the question is whether Putrajaya is sincere in honouring the 2011 agreement, said constitutional lawyers.
The lawyers said any fatwa (edict) from Muslim religious authorities to prohibit the use of the word “Allah”, is not binding on non-Muslims.
They said that the Attorney General had stated that the Court of Appeal’s decision to allow the Home Minister to prohibit the Catholic weekly, Herald, from using the word “Allah”, could not be lumped together with the 10-point solution.
Their response came following an address by the Yang di Pertuan Agong Sultan Abdul Halim Mu’adzam Shah who said that several Arabic words, including “Allah”, were exclusive to Muslims.
The ruler, who is also the Kedah Sultan, cited a 1986 decree by the National Fatwa Council which prohibits non-Muslims from using the words.
The lawyers said the religious rights of non-Muslims were protected under the Federal Constitution and federal laws.
Lawyer Andrew Khoo Chin Hock said any edict, be it from the National Fatwa Council or state fatwa committees, did not possess any legal status as it was advisory in nature.
“It does not have a legal force. It is not binding on Muslims and non-Muslims,” he said.
Khoo said edicts for Muslims come from the state religious councils and rulers could not interfere.
“This is the consequence of a constitutional monarchy. The ruler must act within the constitution and on advice,” he said.
Khoo said Attorney General Tan Sri Abdul Gani Patail had clarified that the decision to prohibit Herald from using the word had relevance to the 10-point solution.
“The nation’s top legal adviser had categorically stated that the court ruling only involved the newspaper,” he said.
Unfortunately, Khoo said the cabinet members have ignored Gani’s legal opinion, and instead used the ban on all bibles – including bibles in Malay, Indonesian and the indigenous languages of Sabah and Sarawak used nationwide.
Khoo said even Prime Minister Datuk Seri Najib Razak who signed the 10-point solution in 2011 had ignored Gani’s advice.
A scrutiny of the document revealed that the 10-point solution was Najib’s personal commitment to solve religious issues in the country.
Lawyer Annou Xavier said the solution was still relevant as it was endorsed on grounds that Christians would be using the AlKitab to profess and propagate their faith among their community.
“There is no prove that there are attempts to abuse the word to proselytise Muslims,” he said, adding it was left to be seen whether the cabinet still honoured the agreement.
