(July 24): A DAP minister was reported to have said that he will consult the Madani Cabinet on the need to revise a Ministry of Education (MOE) guideline that bans schools from receiving funds generated from selling tobacco products and alcoholic beverages. 

As of now, the guidelines still forbid all schools - including the Chinese schools - from receiving such funds. This was in fact introduced as early as March 29, 2018. I fully agree with the minister when he claims there are many parties who are unaware of the existence of such a guideline. 

In the meantime, Education Minister Fadhlina Sidek reportedly said that no exemptions will be given for schools to receive funds from tobacco or alcohol sponsors. It would be fair to assume that her statement represents the policy of the Madani government on this very issue. 

According to the media, the same DAP minister reportedly remarked, "Tomorrow, when I go to the Cabinet [meeting], I will tell them that this guideline should be revised.” He was equally reported to have said, "The guidelines should not have such restrictions, at least not for Chinese primary schools." 

The same minister also argued that Tiger Beer had been organising fundraising concerts for Chinese schools for 30 years. In fact, he admitted to attending such a dinner about a week ago. This argument seems to admit the fact that Tiger Beer has been violating the guidelines. The legal maxim ignorantia juris non excusat establishes the principle that ignorance of the law excuses no one from compliance. 

I am unable to subscribe to the minister’s view when he tried to blame the opposition parties, especially PAS, by arguing that the opposition merely wanted to create an issue out of everything to create a polemic. I definitely have many reservations about PAS, but I still believe the minister has to be fair in playing the blame game. 

With due respect, in my view this issue apparently transcends the opposition parties or PAS for that matter. Like it or not, this issue remains a source of concern among many Muslims too, unless the minister attempts to ignore the same. 

As stated earlier, all schools in Malaysia are currently prohibited from receiving donations generated from selling alcoholic beverages. And such a prohibition seems to apply to all schools, including the Chinese schools.

When the minister said that the guidelines should not have such restrictions, at least not for Chinese primary schools, his proposition would, in my view, sound fair and reasonable assuming Chinese schools are exclusively attended by non-Muslim students. 

Unfortunately, the undisputed fact reveals to us there are currently many Muslims students, Muslim teachers and other Muslim staff in Chinese schools throughout Malaysia. Hence, this very fact may remain a source of concern, at least among Muslim parents who send their children to Chinese schools. 

Therein, therefore, lies the problem. Muslim parents, in particular, must be extremely sad and annoyed if, for instance, any liquor company like Tiger Beer is allowed to organise fundraising activities for Chinese schools. 

Given the inflammatory nature of the issue, it may easily spark controversy if it is not properly handled by cool-headed politicians. Having said the above, I sincerely hope this matter would be amicably resolved by all parties, and a win-win solution could be finally attained.

Mohamed Hanipa Maidin is a former deputy minister of law.

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