Muslim Lawyers Association says denying a person's right to practice his or her faith is unconstitutional.
PETALING JAYA: Legal recourse may be an option for employees of Malaysia Airlines Berhad who feel they cannot practice their religion if they are prohibited from donning the hijab or forced to serve alcohol to passengers.
Speaking to FMT, president of the Muslim Lawyers Association, Zainul Rijal Abu Bakar said they supported the suggestion by Perlis Mufti Dr Mohd Asri Zainal Abidin that flight attendants be given the option to don the hijab and refuse to serve alcohol.
"The Federal Constitution guarantees the right to profess and practice one's religion including that of the Muslims," he said adding that this included covering one's aurat and refraining from serving alcohol.
"Restrictions against or withholding anybody from practising their religion is unconstitutional vide article 11 of the Federal Constitution."
Zainul said those who felt their rights under the Constitution were being ignored or denied, could take the matter to court and seek to declare such rules as unconstitutionally invalid and of no effect.
He added that this did not mean compelling everybody to cover their aurat, but that the rights of employees who wished to cover their aurat and not serve liquor be respected.
Lawyer and chairman of RIGHTS Foundation, Yusmadi Yussof said that the Federal Constitution was clear that no person be discriminated against based on gender, race or religion and that any policy which contradicted this went against the spirit of the Constitution.
"In this day and age, human rights and business is of equal importance, it can no longer be isolated from one another."
"If it is a religious practise for its followers to wear a hijab or refuse to serve alcohol, then the company must respect this."
Yusmadi said the belief that human rights had to be separated from business belonged in the 20th century.
He added that the challenge now, was for countries and companies to develop policies which respected the rights of everyone.
"The key is striking a balance," he said, explaining that all rights were equally important.
"I don't believe in Western human rights or Islamic human rights. Human rights is human rights," he said, adding that this included minority rights.
In this respect, Yusmadi said that this meant that respecting the rights of some should not come at the expense of others.
"This does not mean that alcohol cannot be served on board (flights), the rights of non-Muslims must also be respected," he said adding this was why it was crucial for companies to strike a balance in formulating policies.
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