By Political Analyst cum Secretary General of Parti Cinta Sabah Mohd Ustar Abdul Ghani
KOTA KINABALU: Whether we could have a non muslim Head of State (Governor) would depend very much on how we discern such contemplation. Beyond antagonistic debates, such prospect should not be equated as a mere impossibility or a sacred subject.
There will be reasoning from both sides of the fence, a traditional belief that the Governor’s post was always meant for a muslim candidate whilst recent reformist calls wanted a departure from tradition, to appoint a non muslim to that post.
Regardless of the many views dividing the Yes and No frontier, differences of opinion should realistically be based on existing constitutional framework allowed. In the absence of strict constitutional provisions, we should define whether the very act in question would constitute unconstitutionality or simply departing from tradition. The latter affords us a choice of choosing preferred decisions without judicial disquiet and constitutional confrontation.
Visiting the realm of a tabooed proposition, history would provide a benchmark for tolerable exploit. Tun Leong Yew Koh was appointed as first Governor of Malacca (the equivalent of TYT) in 1957 to 1959. Being Chinese and a non muslim, the religious and racial lines was probably blurred by tolerance and acceptability.
Constitutional provisions for appointment of a Governor never dictated race and religious clauses. Article 1 and 2 of the Sabah State Constitution spell clearly the criterias and requirements of appointing a Governor. The two provisions never allocated only a muslim to be appointed as Governor.
Article 5A of the Sabah Constitution provides Islam as the religion of the State which corresponds with Article 3(1) of the Federal Constitution. It is settled law that the Governor is not the head of religion insofar as Sabah, Sarawak, Pulau Pinang and Malacca is concern. The head of religion in those four states is tasked upon the Yang Dipertuan Agong as clearly spelt out under Article 5B of the Sabah Constitution which is in agreement with Article 3(3) of the Federal Constitution.
There are arguments about the Oath of Office of the Governor. Many contended that a non muslim Governor will be akwardly placed as the Oath of Office will include the phrase “defending the religion of Islam”. Base on the Oath of Office for a Governor as provided under Part I of the First Schedule there is no such provision otherwise Tun Leong Yew Koh would not have become Malacca’s Governor.
Seemingly arguments are stretched simply due to lacking comprehension of the function of a Governor. Many equated the Governor’s standing to that of the rulers (sultan of a state) on simple ground of being a member of the Conference of Rulers. The title TYT (Tuan Yang Terutama) viewed under the spectacle of an ordinary layman would suggest equal standing to that of a ruler which is erroneous.
Though rigid arguments would contend the many ‘ifs’ and ‘buts’ assumingly if a non muslim would be appointed, the Federal Constitution and the State Constitution are in place to guide us. Anything beyond what is legally prescribed are just issues of morality and practicality.
The Governor functions as a ceremonious figure of a State other than giving consents. Arguments will once again be stretched on ifs and buts. What happens if muslims celebrate religious ceremonies or functions. What happens during the “Tilawah al Quran”, is the Governor’s attendance compulsory. Will he be required to dress in the traditional attire of the malay costume with the malay headgear. These to me are issues of trivialities which we should overcome with a more positive approach.
We should not reduce the threshold of appointing the head of state to traditional practice. Departing from tradition involves a strong will to confront hostile sentiments. We should not subject ourselves to rigid traditional practices. We should allow ourselves to a reformed applications that suit our multi ethnics composition and most importantly our Borneon values and spirits.
Where religion allows us to be fair, allow fairness to prevail.
