April 20 ruling on challenge against khat in vernacular schools

April 20 ruling on challenge against khat in vernacular schools

Parent and two organisations want to quash government decision for pupils in primary schools to study Jawi calligraphy.

Government lawyers tell High Court that leave shouldn’t be allowed as applicants had no locus standi to bring the action.
KUALA LUMPUR:
The High Court here will rule on April 20 whether leave for judicial review should be given to a parent and two organisations to quash the government’s decision compelling pupils in Chinese and Tamil primary schools to study khat or Jawi calligraphy.

Judge Ahmad Kamal Md Shahid fixed the date after hearing submissions from T Gunaseelan who represented R Visa Letchumy, former Chinese School Students Association president Tan Kim Sen @ Tan Boon Tak, and Persatuan Hindu Agamam Ani Malaysia chairman D Ravi.

“We submitted that at this stage, leave should be granted as long as it is shown that the applicants have an arguable case,” Gunaseelan told FMT after a virtual hearing today.

Senior federal counsel Ahmad Hanir Hambaly, representing the attorney-general, submitted that leave should not be allowed as the applicants had no locus standi to bring the action and they were also out of time to file the action.

Gunaseelan, who was assisted by Keshvinjeet Singh, in his reply said the issues raised by Hanir could be addressed when the merit of the dispute was argued.

The three, who filed the application last May, said the decision to introduce khat lessons for Year Four primary school pupils at vernacular schools was made by the Pakatan Harapan government in January.

Following criticism from educational groups, the government later announced that Jawi was optional and would not be a test subject.

Tan, who filed an affidavit in support of the judicial review application, said khat, which originates from Saudi Arabia, had religious connotations.

He added that Muslims use khat to represent God as Islam prohibits the use of images.

“Khat is a revered art as it is also the best way to preserve the Quran,” Tan said in the affidavit sighted by FMT.

Tan, who also referred to a number of articles written by Muslim authorities and academics, said the Islamic calligraphy would confuse Muslims if non-Muslims were allowed to use it, for example in posters for religious activities.

“Further, the use of khat in business and immoral activities from the perspective of Islam would cause discomfort to Muslims,” he added.

Tan said the compulsory teaching of khat at vernacular schools was also against Articles 11 and 12 of the Federal Constitution.

“This compulsory subject for non-Muslim pupils is a way of inculcating Islamic values, and parents have the right to reject it,” he said.

He added that the compulsory teaching of khat was an irrational decision as the art could not be used to draw quotations from non-Muslim religious texts.

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