The Malaysian Digest article titled “Bar Council Chairman: 'Allah' Usage Issue Shouldn't Be Brought to Court” (see below) does not accurately express Malaysian Bar President and Bar Council Chairman Ragunath Kesavan’s comments on the reported issue. The article was published on the Malaysian Digest website on 15 January 2010. It is not the Malaysian Bar’s position that “the ‘Allah’ word usage matter should not have been brought to court in the first place”. On the contrary, as stated in our press release dated 14 January 2010:
We are dismayed at the stark lack of respect for the fundamental right of any person or group to take any matter to the courts for determination and resolution. Both litigants and their lawyers must be protected from any form of intimidation in the exercise of this right [emphasis added].
It is in this context, however, that we recognise that courts may be limited in what they can achieve. As elaborated in our press release dated 12 January 2010:
We must all uphold, and accord respect to, judicial decisions. However, in some complex matters, a court decision may not produce the best solution, as the powers of a court are limited. A court interprets the law, and applies the law to the facts of a particular case, but certain issues require more, and would be more effectively resolved outside of the courts, through healthy dialogue and constructive debate.
Finally, as stated in our press release dated 8 January 2010:
We remain firm in our view that the most effective and progressive way of resolving disputes is to promote dialogue and an understanding of dissenting views amongst all the parties involved, regardless of how complex the issue is.
These three recent press releases speak for themselves
We request that the Malaysian Digest publish a clarification on its website to set the record straight on this matter.
Ragunath Kesavan
President, Malaysian Bar
22 January 2010
Bar Council Chairman: 'Allah' Usage Issue Shouldn't Be Brought to Court
©MalaysianDigest.com (Used by permission)
by Adli Shahar
PETALING JAYA, 15 JAN, 2010: Bar Council Malaysia Chairperson Ragunath Kesavan said the ‘Allah’ word usage matter should not have been brought to court in the first place during his speech at the launching of Bar Council's second phase of MyConstitution Campaign at Sunway University College in Bandar Sunway today.
“We think the best way to settle the issue is for involving parties is to have dialogues. We must find out why there are Muslims who are very sensitive about the usage of the word (‘Allah’) as well as why there are Christians who insists on using it,” he said.
“It is possible to settle the case if the involving party can come up with a new gazette which is agreeable to both sides before the hearing at the Court of Appeal,” he added.
Ragunath also hopes the issue could be concluded before the hearing of the case at the Court of Appeal.
MyConstitution is Bar Council Malaysia's initiative which aim is to educate all Malaysians on the role, function, and content of the Federal Constitution, which is the most important document of our nation.
“The Constitution, being the rule book for our country, has set up our system of government which consists of Parliament, the Executive, and the Judiciary, as well as the division of power between the Federal Government and the State Government,” Ragunath said during the launch ceremony.
He added that the campaign will explain the main content of the Constitution in simplified form.
“Federal Constitution has always been viewed as a complicated set of law by our society, but we want to change that perspective,” he said.
He also said the campaign’s main target for the next two years is to reach and educate the youths and young adults between the ages of 15 to 35.
There will be nine phases of the campaign and each phase will be delivered by via pocket-sized booklet as well as a one-minute public service announcement video. Each phase will deal with a particular theme of the Constitution.
The first phase was launched on Nov 13 last year with a theme entitled What is the Federal Constitution? while the newly-released second phase is entitled Constitutional Institution and Separation of Powers.
The other seven upcoming phases will explain about Federal-State Relations, The Fundamental Liberties of the Peoples, Parliament, The Executive, The Judiciary, Election & Democracy and Sabah & Sarawak.
So far the response to the Bar Council’s educational initiative has been positive and the members of MyConstitution Facebook fanpage has reached 4,000.
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