Can a non-Muslim be Sabah’s TYT? Legal but may be complicated, say lawyers

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KOTA KINABALU, Oct 6 — Following a proposal to appoint former chief minister Tan Sri Joseph Pairin Kitingan as the next Sabah’s head of state, lawyers here agreed that there is...

KOTA KINABALU, Oct 6 — Following a proposal to appoint former chief minister Tan Sri Joseph Pairin Kitingan as the next Sabah’s head of state, lawyers here agreed that there is nothing in the state Constitution preventing a non-Muslim from holding the position although there may be “obstacles” in the way.

He also said that constitutional convention, although unwritten, has shown that the Sabah’s head of state must be a Muslim. “Basically, TYT’s function is almost the same as Sultans or a ruler for states without one ... Sabah is one of the states without a Sultan. However, another senior lawyer, Roger Chin disagreed and believes that the title of TYT is nowhere near on par with Sultans.

“Legally, there’s nothing stopping it. But it’s always been a Muslim and when they appointed a non-Muslim as chief justice and attorney general this faced a huge uproar,” he said.

 

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