PETALING JAYA: Pakatan Harapan's proposal to have Tommy Thomas (pic) as the Attorney-General (AG) is unconstitutional, said Institute of Islamic Strategic Research Malaysia (Iksim) chief executive officer Prof Datuk Mahamad Naser Disa.
He said this was because a non-Muslim could not assist the Yang di-Pertuan Agong (King) in preserving the sanctity of Islam at all times, and therefore breaches Article 145(2) of the Federal Constitution.
Mahamad Naser said in a statement on Sunday (June 3) that Article 145(2) states that it is the duty of the AG to advice the King or Cabinet on any legal matter.
“His stand and that of like-minded Muslim lawyers that Malaysia is a secular country clearly infringes on the Constitution that states that Islam is the country’s official religion," he said.
Mahamad Naser said the AG’s post should be held by any judge or senior lawyer who is well versed in Islamic and royal matters, not just on principles of law and democracy.
He added that Thomas's appointment as the AG could also hamper the government’s efforts to introduce new laws and policies which touch on Islamic matters.
"The people will also be very alarmed if he becomes the new AG as he once represented Parti Komunis Malaya leader Chin Peng in calling for the government to allow his body to be buried in Sitiawan, Perak," he added.
He pointed out that in his book written in 2016, Thomas had described Chin Peng as one of the great liberation fighters of the second half of the 20th century and a major contributor to Merdeka.
Mahamad Naser also said that a conflict of interest is also bound to happen should Thomas be the AG as he (Thomas) is representing Finance Minister Lim Guan Eng in his corruption cases.
“The power to proceed or throw away the case is the discretion of the AG. Thomas's credibility will be questioned should he side with his former client,” he said.
He said this was because a non-Muslim could not assist the Yang di-Pertuan Agong (King) in preserving the sanctity of Islam at all times, and therefore breaches Article 145(2) of the Federal Constitution.
Mahamad Naser said in a statement on Sunday (June 3) that Article 145(2) states that it is the duty of the AG to advice the King or Cabinet on any legal matter.
“His stand and that of like-minded Muslim lawyers that Malaysia is a secular country clearly infringes on the Constitution that states that Islam is the country’s official religion," he said.
Mahamad Naser said the AG’s post should be held by any judge or senior lawyer who is well versed in Islamic and royal matters, not just on principles of law and democracy.
He added that Thomas's appointment as the AG could also hamper the government’s efforts to introduce new laws and policies which touch on Islamic matters.
"The people will also be very alarmed if he becomes the new AG as he once represented Parti Komunis Malaya leader Chin Peng in calling for the government to allow his body to be buried in Sitiawan, Perak," he added.
He pointed out that in his book written in 2016, Thomas had described Chin Peng as one of the great liberation fighters of the second half of the 20th century and a major contributor to Merdeka.
Mahamad Naser also said that a conflict of interest is also bound to happen should Thomas be the AG as he (Thomas) is representing Finance Minister Lim Guan Eng in his corruption cases.
“The power to proceed or throw away the case is the discretion of the AG. Thomas's credibility will be questioned should he side with his former client,” he said.
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