By V. Anbalagan, Assistant News Editor. Published by The Malaysian Insider on 29 April 2014.
Lawyers have urged hoteliers in Pahang to ignore the directive from the state Islamic council to remove non-Muslim religious materials from their premises as it has no authority over such matters.
The constitutional and administrative lawyers said the Pahang Islamic and Malay Customs Council (Muip) was not in any position to penalise any individual or company as hoteliers were not licensed by religious bodies.
They were responding to a recent directive from Muip prohibiting hotel proprietors in the state from placing religious reading materials of other religions other than Islam in their rooms.
Lawyer Razlan Hadri Zulkifli said hoteliers could just ignore the letter because the council had no jurisdiction over them. "They cannot raid to seize any non-Muslim religious material like the Bible," he told The Malaysian Insider.
Razlan said the council could be hauled to court if its officers conducted raids to seize non-Muslim religious books and literature. "The council as a public authority can be subjected to a judicial review and the court can make a declaration that its action was illegal," he said. Razlan said at this point of time, there was no reason for hoteliers to seek judicial intervention because they had not been adversely affected by mere issuance of the letter.
It was reported that the state religious body had sent a letter to 147 hotels across the state since March 6, warning that those who defied the directive could be subjected to legal action. The letter was issued under the Control and Restriction of the Propagation of Non-Islamic Religions among Muslims Enactment 1989, in line with Article 11 (4) of the Federal Constitution.
Muip deputy president Datuk Seri Wan Abdul Wahid Wan Hassan reportedly said the placement of the materials in the hotel rooms could be regarded as an act of spreading other religious beliefs to Muslims. If convicted, those involved could be fine up to RM5,000 or jailed for up to two years, or both.
Another lawyer Shukor Ahmad described the letter to the hoteliers as "irrational, unreasonable and unconstitutional". He said assuming even if the non-Muslims religious books, like the Bible, were banned by the Home Ministry, the council officer had no business to seize them. Furthermore, the council, he added, had no power to act against non-Muslims or business entities. "At best, they can only advise Muslims about non-Muslims religious books and symbols being placed in hotels. Anyway, it is for the hotel guests to decide where they would like to stay."
He said some hotels distributed mainstream newspapers to their guests but that did not mean the management compelled their guests to read the newspapers. "You have the option. Similarly, Muslim guests may have access to non-Muslim religious books but that does not mean they can be influenced by reading them in the hotel rooms," he said.
Shukor said the council was acting outside the scope of the enactment and misreading the article on freedom of religion under the Federal Constitution. "The council's action is so ridiculous that no reasonable person could accept," he added.
Hotel proprietors have called on Pahang Menteri Besar Datuk Seri Adnan Yaakob to intervene since Islamic matters came under the jurisdiction of the state.
Non-governmental organisation Centre for a Better Tomorrow (Cenbet) said the council directive went against the freedom of choice of the hotels to supply such materials in their rooms. "Conversely, it is the freedom of choice of anyone not to stay in such hotels if they disagreed with the hotel policy," said its co-presidents Lim Chee Wee and Gan Ping Sieu in a statement last week.
Politicians from both side of the political divide have also expressed concern over the council's directive.
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