Courts do not have the final say on the Allah issue, says academic

By JENNIFER GOMEZ

Published: 14 July 2014

The courts do not have the final word in the Allah case, this contest will go beyond the Federal Court, a law lecturer from the Australian National University said today.

Speaking in an academic seminar titled "The Name of God on Trial: Narratives of Law, Religion and State in Malaysia", Joshua Neoh said that given this scenario, dissenting judgments were important because it appeals to the people and builds a counter-current of opinion.

"All decisions could be revisited and challenged judicially, the losing side in a judicial battle can always live to fight another day. That is the very nature of Constitutional interpretation," he said in Petaling Jaya today.

Neoh said that Malaysia's Federal Constitution contained an arsenal of weapons for both sides of the ideological divide, be it for proponents of a pro-Islamic state or secular state.

He added there was a silver lining in the Allah case, given that the challenge was happening within the framework of the Constitution.

"The contest is happening in the courts, this ideological battle is a constitutional battle and is an achievement of sorts for constitutionalism in Malaysia," he said.

Neoh, who stressed that he was speaking from a purely academic and legal interpretation, said that in the Court of Appeal judgment, Datuk Seri Mohamad Apandi Ali had switched from legal analysis to theological exposition, when he said that due recognition must be given to the names of respective Gods in respective holy books such as Yahweh, the God of the Holy Bible, Allah the god of of the Holy Quran and Vishnu, the god of the Holy Vedas.

"Justice Apandi deemed it appropriate and within his area of judicial competence to go around categorising and naming gods, including the gods of religions other than of his own," he said.

Neoh added that Datuk Abdul Aziz Abdul Rahim, another judge on the three-man Court of Appeal bench, went a step further and said that Allah refers to "oneness" and cannot be a concept of Trinity of the Father, Son and Holy Ghost.

"Clearly he has not gone to a good Catholic school, because if he went to a good La Salle school, he would have learnt that the Trinity refers to oneness in as much as Allah refers to oneness," Neoh said.

He further added that there was the recurrent theme of confusion, adding "we already know how Allah can confuse Muslims".

"It is an argument we have heard over and over again but Justice Zawawi Salleh went further and said that if Allah is used by Christians, the confusion was not limited to Muslims, but Christians would also be confused.

"This ‘potential for confusion’ is akin to the following scenario: if I call my father Papa, and you call your father Papa, there is a risk that you will be confused that my Papa is your Papa, and your Papa is my Papa, or that we have the same Papa," Neoh added.

He added that the Islamic theology presented by these three Court of Appeal judges was not classical or even orthodox Islamic theology.

He also said that the ban on the word Allah did not exist anywhere but in Malaysia.

Neoh added that there was also the question on the scope of the judgment, where the Court of Appeal couched its judgment as if there was a blanket ban when the case was about the use of the word in the Bahasa Malaysia section within the Catholic weekly, Herald.

"It is a judicial hybrid of Malaysian constitutional politics and Islam," he said.

He added, however, that even when the judges were rewriting the constitution through reinterpretation, they had at least tried to couch what they were doing in terms of constitutional law.

Neoh pointed out that the Malaysian post-colonial constitutional settlement was precarious – not only because the constitution is an incompletely theorised agreement, but because it presented two conflicting visions on issues of law, religion and state.

The effect of this, he added, was that there were two constitutions embedded in the one constitutional text which engages in double speak.

"This bifurcation in the constitutional text makes the post-colonial constitutional settlement a precarious arrangement because its meaning is internally incoherent and inherently unstable.

"While it may not have the benefit of stability, ironically, it may have the benefit of longevity," he said.

He added that this was the reason that enabled proponents of both sides of the ideological divide to find their voices and visions in the same constitutional context.

"They could both draw on the same document for support and could construct their own narratives and counter-narratives from the available constitutional materials," he added.

Neoh went on to explain that this was the reason why the contestation on the use of the word Allah will continue beyond the Federal Court, adding that it was a symptom of a larger contest about the meaning of the Constitution.

"It is  a contest about the origin of our state and the future of Malaysia. The court does not have the final word, the courts never have the final word in any Constitutional matter," he said. – July 14, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/courts-do-not-have-the-final-say-on-the-allah-issue-says-academic

Lift the ban on ‘Allah’, Sarawak Church leader urges Putrajaya

Published: 28 June 2014

The fact that three out of a seven-man Federal Court bench gave dissenting judgments on the recent "Allah" case is an indication there are cogent grounds for the decision to be reviewed by another panel of the apex court, said a Christian leader from Sarawak.

Archbishop John Ha of the Roman Catholic Archdiocese of Kuching also said given Putrajaya's immediate statement to assure Christians that the ban was limited to the Catholic weekly, Herald, and that the 10-point solution still stood, shows that the Federal government had the power to lift the ban on the use of the word Allah in the Bahasa Malaysia section of Herald.

Expressing his disappointment and concern over the Federal Court's decision not to grant leave to the Catholic church in the Herald case, Ha said he took consolation that the decision was not unanimous.

He pointed out that there was also a lot of dissatisfaction over the Court of Appeal judgment that overturned the earlier High Court judgment which effectively lifted the ban by the Home Minister on Herald from using the word Allah.

Ha added that the dissatisfaction arose from what was perceived as "flaws" in the reasons given by the Court of Appeal.

Ha said, granting leave for the case to be heard by the Federal Court would have provided a golden opportunity for issues of constitutional rights and protection for freedom of religion to be articulated by the highest court in the country.

He said that Catholic lawyers had pointed out that the leave would have provided the opportunity to interpret Article 11 (1) and (3) of the Federal Constitution with respect to the rights of non-Muslim communities in Malaysia to practise their religion.

"In my personal view, bearing in mind the degree of public importance of legal issues raised, granting leave to enable such critical issues to be expounded fully would have been an opportune occasion to contribute to a greater public confidence, or if not, at least to reduce the loss of it, in our judicial system.

"It is lamentable that the opportunity has been lost," the Archbishop wrote on the archdiocese website.

He said the 10-point solution is the way forward for the country and for it to work, the ban on the use of the word Allah in Herald, must be lifted.

Ha added that the legal implication of the Court of Appeal decision was that the ban on the use of Allah was nationwide, adding that the Federal Court, in denying the leave application, meant that the Court of Appeal judgment was intact.

Ha said that this created a confusing situation – on one hand the nationwide ban was still effective – on the other, the assurance by Putrajaya that it was only confined to Herald.

"The ban is a ministerial order or executive decision and the Federal government has the competence to rescind it.

"I pray and appeal to the Federal government to do that so that the 10-point solution can be implemented without hindrance and our nation can move on," he wrote.

Ha also commented on the "bold seizure" of 321 Bahasa Malaysia and Iban-language Bibles from the Bible Society of Malaysia by the Selangor Islamic Religious Department (Jais) and the refusal by the Selangor Islamic Religious Council (Mais) to return them.

He said that the Federal Court decision may encourage and embolden "high-handed" and "disrespectful" actions by a Muslim body on a non-Muslim organisation.

"My fear is that the refusal of leave may spiral into a wider sphere than just the Herald and may spill over to the ban of the use of the term 'Allah' by non-Muslims at large, despite the government’s assurance.

"Would the government and its machinery be able, or daring enough to contain this likely spiral, should it happen?” he questioned.

Ha also wrote that Malaysia was intended to be a democratic nation and a secular state but over time, there has been a deviation from the original intention of the founding fathers.

He added that while Islam was given special position, other Malaysians could practise their faith in peace and harmony as guaranteed in the Federal Constitution.

Ha, however, said this constitutional safeguard is being politicised and the courts appeared to be reluctant to enforce them, especially in situations where public pressure is exerted by certain groups that do not respect the safeguards for minorities.

"Any ban on the use of the word Allah by Christians in any manner is an infringement on the practice of Christianity.

"I cannot help wonder whether eventually the Constitution will be broken to give way to some fundamentalist quarters who seek to enforce an Islamic way of life for the whole nation," Ha wrote.

The Archbishop urged Christians not to "panic" in the current situation, adding that for God, there is "never a cul-de-sac".

"He will open a path for us and for the whole nation to move on. For sure, we need to continue to do our part to get the issue resolved and pray for God to open a path for us," he said. – June 28, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/lift-the-ban-on-allah-sarawak-catholic-leader-urges-putrajaya

天主教先锋报“阿拉”字眼 - 東馬大法官：符合司法條件，理應發出上訴准令

2014-06-24 09:50

（布城23日訊）東馬大法官丹斯里里察馬拉尊說，申請人已經達到1964年法庭司法法令96條文要求，理應發出上訴準令，而天主教會所提出的論據應獲得進一步討論的機會，包括這些法律對公共重要性的程度，以及需要在聯邦法院解決的必要性。

• 聚集在司法宮外的土權成員在獲悉聯邦法院的判決後歡呼。（圖：星洲日報）

他在書面判詞中同意天主教會所提出的28道問題中，一些出現重疊，但這類技術性問題可在全面審訊時獲得解決。

他說，雖然上訴庭推翻高庭裁決，但3名法官之間也出現不同意見，特別是申請人在憲法保障下的權益，這點值得進一步釐清。

他指出，雖然部長援引出版法令所賦予他的權限下達“阿拉”字眼禁令，但同時間馬來文文版和錫克文版聖經仍使用有關字眼。

至於部長指可能危及國家安全，他認為公共秩序和國家安全不能同等，部長的說詞不能天馬行空而要有具體的根據。

“此案僅涉及馬來文版的《先鋒報》，但上訴庭的裁決似乎涵蓋所有人，包括禁止所有非穆斯林使用阿拉字眼。”

他表示，如此一來，更多宗教團體將受到影響，其權益也沒獲得保障，如仍使用這個字眼的錫克教徒，而相關宗教團體並沒有參與此案。

陳國華：申請符門檻要求
《先鋒報》應獲批准令

聯邦法院法官丹斯里陳國華表示，此案非常清楚和直接，即不管在高庭或上訴庭階段，所爭論的重點皆為內政部長是否有權禁止《先鋒報》使用“阿拉”字眼，而天主教會的申請，已符合1964年法庭司法法令96條文所闡明的上訴門檻要求，因此他認為應批准上訴准令。

1964年法庭司法法令96（a）及（b）條文一般為上訴准令申請所須參考的條文，它規定申請者所提出的法律問題，須是重要的課題及聯邦法院裁決涉及公眾利益，而有關裁決會影響聯邦憲法條款。

陳國華在書面判詞中指出，高庭及上訴庭針對此案雖有不同裁決，但聯邦法院應回答和憲法有關的問題，而在准令階段，不應急忙爭論案情和法律問題，相反日後還有空間可討論，因此現階段可批准上訴准令。

再潤：讓課題獲一步討論

聯邦法院法官拿督再潤強調不同宗教信仰者應克制、堅定各自的宗教信仰教條，以及保持冷靜與和平地與其他人和諧地生活在大家所愛的國家裡。

她在書面判詞中認為，現階段應批准上訴準令給天主教會，以便該課題獲得進一步討論，及以友好的方式解決。

再潤是3名持不同意見的法官中，唯一一位穆斯林及女法官。

她說，此案是一個很好的機會仔細研究法庭是否無司法權檢討內政部長所發出的禁令，即援引1984年印刷及出版法令賦予的部長權限，禁止教會使用“阿拉”字眼。

她強調，那些涉及公共秩序或公共安全的案件，即使行政單位或部長已作出決定，仍可獲得公開討論及檢視，而此案更是牽涉到需要公開討論的憲法議題。

如果駁回上訴准令申請，那些重要的法律課題仍將模糊不清或沒獲得糾正機會。

吁勿再挑“阿拉”字眼課題
土權盼爭議平息

土著權威組織主席拿督依布拉欣阿里說，隨著聯邦法院拒絕發出上訴准令給《先鋒報》後，他希望有關“阿拉”字眼的爭議能畫上休止符。

他說，希望在聯邦法院作出裁決後，沒有人再挑起“阿拉”字眼的課題。

“我們的立場很堅決，他們可以以其他語文編寫聖經及傳教，但卻不可以編寫馬來文版聖經傳教，更加不可以在伊斯蘭的框架外使用阿拉這個神聖的字眼。”

他強調，他們並不是要反天主教，只是維護“阿拉”

字眼是一名穆斯林的信念，任何穆斯林都應該挺身而出捍衛“阿拉”這一字眼，確保只有穆斯林能夠使用這個字眼。

他希望隨著這項爭議平息後，天主教與伊斯蘭能夠重新像過去一般互相尊重及和平相處。

土權約200名成員在清晨5時30分左右就陸續到聯邦法院外等候判決，在上午10時左右，他們得知聯邦法院的裁決後高聲歡呼，一些婦女甚至喜極而泣。他們在10時30分左右陸續散去。

抨林冠英支持“阿拉”字眼

另外，依布拉欣也批評檳城首長林冠英在去年聖誕節期間呼吁中央政府允許在馬來文版聖經使用“阿拉”字眼去稱呼上帝的聲明，並挑戰民聯州政府如若要支持馬來文版本聖經，請關閉他們所在州屬的多源流學校。

“如果他們真的這麼重視國語，我挑戰他們關閉所有母語學校，並讓所有學生到國民學校上課。”

另一方面，依布拉欣也揶揄伊斯蘭黨雖然在“阿拉”字眼課題上與土權抱持同一立場，但卻因擔心流失選票而沒有派任何代表到司法宮，並自誇土權比起伊斯蘭黨更加虔誠。

【本篇內容已在2014-06-24更新。】

来源：http://news.sinchew.com.my/topic/node/441050?tid=482

Christians to continue using Allah in services and Bibles, says Christian Federation of Malaysia

Published: 23 June 2014

The Christian community will continue to use the word Allah in Bibles, church services and gatherings as the Federal Court ruling today was only confined to the Catholic weekly, Herald, said the Christian Federation of Malaysia.

Its chairman Reverend Dr Eu Hong Seng said that given the court's refusal to grant the Catholic church leave to appeal, it will treat the decision of the Court of Appeal as being confined to that particular case.

"We maintain that the Christian community continues to have the right to use the word 'Allah' in our Bibles, church services and Christian gatherings in our ongoing ministry to our Bahasa Malaysia-speaking congregation, as we have done all this while," he said in a statement today.

He said this was guaranteed by the Attorney-General himself, who had previously said on October 20, 2013, that the case was only meant for the usage of the word Allah in Herald.

"As legal adviser to the Malaysian government, we will hold him (A-G Tan Sri Abdul Gani Patail) and the government of Malaysia to that position," Eu added.

"There are other pending cases in the courts that would involve the matter. We will have to see whether these will provide alternative avenues to uphold and defend freedom of religion and freedom of religious expression in Malaysia."

The Federal Court today dismissed the church's leave application to appeal the ban by the Court of Appeal on the use of the word "Allah" in the Herald.

Four of the seven-member bench dismissed the church's application for leave to appeal, saying that the Court of Appeal was right in its decision to ban the word in the Catholic weekly.

Chief Justice Tun Arifin Zakaria, who led the seven-man bench, said the President of the Court of Appeal Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin and Federal court judge Suriyadi Halim Omar agreed that leave should not be granted.

The CFM, Eu (pic) said, was "extremely disappointed" with the decision, adding that simple justice would have meant allowing the appeal to go through.

"We continue to maintain that the decision of the Court of Appeal, and its reasoning in arriving at their decision, were so critically flawed in so many respects.

"Simple justice would have mandated an appeal, to rectify the many incorrect and inaccurate statements and observations of the Court of Appeal that led to its decision," he said.

He said the Appellate Court's decision had caused serious negative repercussions on the freedom of religion for Christians in Malaysia but lamented that the Catholic Church had been denied the opportunity to challenge the "inaccurate statements and observations".

"In the meantime, we call on the Christian community in Malaysia to remain steadfast in their faith and courageous in the face of much prolonged adversity," Eu said.

Earlier today, Herald editor Father Lawrence Andrew also expressed disappointment that the four judges who had rejected their application had not talked about the rights of the minority in the country.

"‎The four judges who did not grant us the leave to appeal spoke about things that did not touch on fundamental basic rights of minorities‎," he said outside the court.

One of the church's lawyers, S. Selvarajah said the church was considering a review of the Federal Court decision but added that no decision had been made so far. – June 23, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/christians-to-continue-using-allah-in-services-and-bibles-says-christian-fe

Christian paper loses battle to use ‘Allah’

BY JOSEPH SIPALAN 
June 23, 2014 UPDATED: June 23, 2014 10:57 am

PUTRAJAYA, June 23 — Malaysia’s highest court ruled today that the Catholic newspaper The Herald has no grounds to appeal a lower court’s decision preventing it from using the word “Allah” to refer to God.

The landmark decision on a divisive issue that has fuelled intense debate and heightened religious tensions in the country, brings to an end the Catholic Church’s challenge in the Malaysian court system.

A seven-member bench at the Federal Court decided by a narrow 4-to-3 majority to deny the Catholic paper the right of appeal.

“The Court of Appeal was right to set aside the High Court Ruling,” Chief Justice Tun Arifin Zakaria told a packed courtroom this morning, upholding the lower court’s decision last year which overturned a high court ruling from 2009 allowing the paper to use the word as a constitutional right.

The legal dispute has been in the courts for the last six years after the Home Ministry banned the publication of the word “Allah” in the Herald’s Bahasa Malaysia section in 2007.

One dissenting judge, the Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum told the courtroom that the home minister’s decision in 2007 disallowing the Catholic paper from using the word ‘Allah’ may have been flawed.

“The minister’s power is not entirely subjective. He must give evidence to support the claim of a threat to public order,” he said.

Last year, the Court of Appeal had ruled that “Allah” was not integral to the Christian faith and could confuse Muslims as well as threaten national security and public order.

The Catholic Church had argued that Christians in Sabah and Sarawak had been using the word for centuries.

The Catholic Church took the case to the Federal Court seeking the right to appeal the decision, culminating in today’s rejection.

They argued that the lower court hadn’t used the right test to reach its decision.

The bid to appeal the appellate court’s October ruling was opposed by nine respondents, namely the Home Ministry, the government, the Malaysian Chinese Muslim Association and the Islamic councils of six states.

Muslims make up roughly 60 per cent of Malaysia’s population and Christians around 10 per cent.

Source: http://www.themalaymailonline.com/malaysia/article/christian-paper-loses-battle-to-use-allah

教会要求撤销被驳，“阿拉”字眼政府准上诉

2013-08-23 10:45

（布城22日讯）上诉庭今午驳回罗马天主教会，要求撤销政府针对高庭判决允许该教会在其週报《先锋报》（Herald）使用“阿拉”字眼上诉的申请。

• 逾百名穆斯林一早到司法宫外等候判决。（图：星洲日报）

这意味內政部及政府针对高庭判决允许该教会週报使用“阿拉”字眼，以及针对高庭宣判政府禁止该教会使用“阿拉”字眼决定不合法的上诉將进行。

以拿督斯里阿布沙玛法官为首的上诉庭三司今午裁决，该教会週报所使用“阿拉”字眼的纠纷爭议尚是“活的课题”以及需要加以解决。

上诉庭三司在座无虚席的上诉庭內一致驳回马来西亚天主教吉隆坡总教区要求撤销內政部及政府上诉的申请。

阿布沙玛说，前內政部长拿督斯里希山慕丁曾作出宣誓书，並解释“阿拉”课题並不是10点解决方案的部份，因此不適合应用在此案。

因此，他说，此上诉案並没有成学术性或失去意义，爭议还有待解决。

他也说，撤销一项恰当入稟的上诉，以及否决政府及內政部的上诉权利是一项严厉行动。

上诉案9月10日研审

上诉庭三司諭令內政部及政府的上诉案在9月10日进行研审。

在各造同意下，上诉庭三司对堂费不作出任何令諭令，即各造负责本身的堂费。

上诉庭另两名法官是拿督阿都阿兹及拿督罗哈娜尤索夫。

《先锋报》编辑罗仁斯安德鲁神父对判决感到失望，但表示尊重法庭判决。

约300个伊斯兰非政府组织，包括土著权威组织及基督团体的支持者一早齐集司法宫以关注案件进展。

教会律师：违10点解决方案

天主教会是以首相拿督斯里纳吉曾於2011年4月11日在致给马来西亚基督教联合会的信件中，献议10点解决方案以解决基督教徒取得马来文版圣经所面对的问题，因此，政府的上诉已成学术性为理由，要求撤销政府的上诉。

天主教会说，首相於2011年4月2日宣佈10点解决方案以解决圣经课题及其它相关课题，並指这是內阁的集体决定，有关10点方案包括所有语文的圣经可进口到国內，包括马来文/印尼文；圣经在沙巴和砂拉越的土著语言可在本地印刷及入口等。

代表天主教会的柏兰斯罗央律师今早在陈词时说，既然政府已宣佈10点解决方案，政府的上诉即应该被撤销，因为有关在週报使用“阿拉”的字眼已不再存有纠纷或爭论。

他说：“政府对有关字眼的使用已改变立场。”

他强调，这是內阁的集体决定，10点解决方案已解决“阿拉”字眼的使用。

“內阁决定的结果是｀阿拉’字眼可使用在马来文、印尼文及土著的圣经，並可入口及印刷这些圣经。”

他说，如果內阁批准在圣经使用“阿拉”字眼，那么也应该允许出版物使用有关字眼。

他说，內政部及政府提出上诉是要恢復它在2009年1月7日禁止教会使用“阿拉”字眼的决定。

高庭允《先锋报》用“阿拉”

吉隆坡高庭是於2009年12月31日批准马来西亚天主教吉隆坡总教区的申请，允许天主教会在其週报《先锋报》使用“阿拉”字眼。

高庭法官刘美兰裁决內政部长和政府禁止《先锋报》使用“阿拉”字眼的决定，是不合法及无效的。

政府律师：“活的课题”需考虑

代表內政部及政府的高级联邦律师苏娜阿旦说，政府的上诉案不应该撤销，因为还有“活的课题”需要考虑。

她说：“教会的撤销上诉申请是琐碎的，並应该驳回。”

她补充，在高庭的课题是有关內政部行使在印刷及出版法令下，有关週报印刷准证的课题，而10点方案是处理圣经课题。

代表登嘉楼伊斯兰宗教理事会的姆峇西律师则说，有关10点解决方案是在高庭作出判决后提出，因此不能加以考虑。

他说，首相2011年4月11日的信件並没有触及上诉案课题，首相並没有指《先锋报》可使用阿拉字眼。

《先锋报》编辑：另一种限制

罗马天主教会週报《先锋报》编辑罗仁斯安德鲁神父说，10点解决方案允许马来文版圣经使用阿拉字眼，但週报却不获准使用有关字眼，这是另一种形式的限制。

他在庭外受询时说，他们在周报中只是引述圣经，圣经可以使用阿拉字眼，但出版物却不获准使用。

他说，虽然他对判决感到失望，但他尊重法庭判决。

他促请所有教徒祈福。

天主教会的其中一名代表律师西华拉惹则说，如果客观看待首相的10点方案信件，它指圣经可以使用阿拉字眼，但为何教会週报却不能。

来源：http://news.sinchew.com.my/node/318533

Church right to say Allah describes God, says Vatican’s first envoy to Malaysia

BY JENNIFER GOMEZ
JULY 11, 2013

In his first interview with the Malaysian media, the first resident diplomat sent by the Vatican to live and work in this country spoke on the controversial issue of the use of the Arabic word "Allah" to describe God in any religion.

Archbishop Joseph Marino said he supports the stand of the Catholic Church in Malaysia.

He applauded the arguments made by the Christian Federation of Malaysia to use "Allah" in its texts to refer to God as very well done.

Archbishop Marino is the Apostolic Nuncio to Malaysia. This position, also often known as a papal nuncio, is the Vatican equivalent to an ambassador.

This is the first time the Vatican has opened what is the equivalent to an embassy in Malaysia.

The diplomat said the only way to stop deterioration in race relations in Malaysia is through dialogue, saying it would work out if people sat down and talked.

On his experience being the former nuncio in Bangladesh, Archbishop Marino said the people in that Muslim country have great respect for Christianity. - July 11, 2013.

Source: http://www.themalaysianinsider.com/malaysia/article/church-right-to-say-allah-describes-god-says-vaticans-first-envoy-to-malaysia/

Group deplores anti-Christian billboards in polls drive

12:22PM May 1, 2013

The Christian Federation of Malaysia (CFM) is appalled by anti-Christian messages on two election campaign billboards and wants the Election Commission to pull them down.

Describing such acts as despicable, CFM chairperson Dr Eu Hon Seng said the message pits the Muslims against Christians by spreading fear and scare tactics over the issue of 'Allah' where the Kuala Lumpur High Court has allowed its usage as part of the right to freedom of religion.

"CFM and other Christian leaders have in the past said that bumiputera Christians, whose only common language is Bahasa Malaysia, have used the Bible in BM and the word 'Allah' for centuries, without any resistance until recently.

"Hence, it is extremely mischievous and malicious to pit Muslims against Christians, who have always enjoyed good relationship, to gain political points with such blatant misinformation," Eu said in a statement.

"Christians and all right-thinking Malaysians should rightly condemn such inflammatory election campaign billboards and all such campaign materials.

"We strongly urge the EC to immediately remove such billboards and materials. 

"The authorities should investigate and charge the persons responsible," Eu said, urging Malaysians to also report such billboards or campaign materials to the police.

The billboards carry the message "Do you want to see your grandchildren praying in this Allah’s house?" and two pictures of churches with the cross and the words “"Gereja Allah".

However, CFM did not state the locations of the billboards.

Source: http://www.malaysiakini.com/news/228639

PAS - For all Malaysians or just Muslims?

JAN 16 ― The doublespeak over the Arabic word “Allah” and Kedah’s guidelines for entertainment has put the spotlight on PAS’s political philosophy and policies.

In the “Allah” issue, PAS has said the term may be used by all, even those who are not Muslims, as there is only one God. But it cannot be translated into or used in other religious texts apart from the Quran.

How does one reconcile this: That there is only Allah, but if you are not Muslim, your god cannot be called “Allah” in a religious text?

As for Kedah, the PAS-led Pakatan Rakyat state government has now backpedalled on restrictions for the Chinese New Year celebrations next month, but the damage is already done.

Yes, it is a predominantly-Malay state but there are other races who celebrate their own cultural and religious festivities that might involve adult men and women, not just youths.

PAS must understand that Malaysia is a multiracial country and belongs to all ― not just the Muslims, and not just the Malays. That it has joined PKR and DAP shows it knows it needs the support of all to form a government.

After all, the Alliance and now the Barisan Nasional have done it for years, demonstrating that no one race or community can go it alone in Malaysia.

Wasn’t this single-minded insistence on doing things its own way that unravelled the Barisan Alternatif a few years after the 1999 general election?

If PAS wants to insist on its way, say so now and Malaysians can decide how to treat Datuk Nik Aziz Nik Mat, Datuk Seri Abdul Hadi Awang, Mohamed Sabu and their cohorts in the polls.

It must decide whether it is a party for all Malaysians or just exclusively for Muslims. One cannot cater to all Malaysians but have restrictions according to just one view.

Malaysia is for all, not just for one community.

Source: http://www.themalaysianinsider.com/sideviews/article/pas-for-all-malaysians-or-just-muslims-the-malaysian-insider/

‘Allah’ ban against court order, Cabinet decision, Selangor told

By Clara Chooi
Assistant News Editor

January 10, 2013

KUALA LUMPUR, Jan 10 — Lawyers in the “Allah CD” case have formally written to tell the Selangor Islamic Religious Council (MAIS) that the Selangor Sultan’s latest ban on the usage of “Allah” by non-Muslims is disrespectful of a 2009 High Court order and in conflict with a 2011 federal government decision on the matter.

In a letter to MAIS yesterday, the lawyers affixed documents to both decisions to remind the council that a settlement to the controversy had long been reached, despite the latest religious storm over the same issue.

File photo of the Alkitab. Lawyers have said the recent ban on the use of the word ‘Allah” is contrary to a court order and a Cabinet decision.

“MAIS’s action, which is inconsistent and contrary to the order of the court, appears to belittle and disrespect the court decision,” the lawyers said in the letter signed by Annou Xavier, who is also a member of the Kuala Lumpur Catholic Lawyers’ Society (CLS).

The first document attached to the letter is a copy of the 2009 court order where Jill Ireland, a Sarawakian Christian, was granted permission to challenge the government’s previous confiscation of several of her religious CDs which bore the word “Allah”. The second document is a April 2011 circular to Christian Federation of Malaysia (CFM) chairman Bishop Ng Moon Hing that was signed by Prime Minister Datuk Seri Najib Razak himself, stating that Christians and those of other faiths can import and use bibles in any languages including Bahasa Malaysia.

In the run-up to the heated Sarawak state polls, the federal government had on April 2, 2011, issued a 10-point solution to the “Allah” controversy, allowing the publication and distribution of the AlKitab, the Malay-language Bible that it had impounded due to its usage of “Allah” to refer to the Christian God.

As such, Annou said that by suddenly banning non-Muslims in Selangor from using “Allah”, MAIS had not only contradicted both the court and federal government’s decisions, but had also contravened Article 11(3) of the Federal Constitution which, he said, stipulates that those of all other faiths in Malaysia had the right to conduct their religious practices freely.

“We hope MAIS will not prolong this issue of non-Muslims using ‘Allah’ in the media and instead respect the court decision as well as every individual’s right to freedom of religion,” the lawyer wrote.

The Kuala Lumpur High Court had on May 4, 2009, granted leave to Jill Ireland to challenge the Home Ministry’s seizure of her religious CDs bearing the word “Allah” a year earlier.

In the order, it was decided that Jill had the right to “own, receive, use, import, distribute and posses” any materials with the word “Allah” on it.

In the terms of the order, Jill was also granted a declaration that it was a “legitimate expectation” for her to possess or use these materials for the purpose of conducting her religious faith freely.

Jill, a member of the Sidang Injil Borneo (SIB) church, had sued the ministry for confiscating her personal collection of CDs at the airport in 2008 simply because they bore the word “Allah”.

The 29-year-old ethnic Melanau had demanded that the CDs — titled: “Cara Hidup Dalam Kerajaan Allah”, “Cara Menggunakan Kunci Kerajaan Allah”, “Ibadah Yang Benar Dalam Kerajaan Allah” and “Hidup Benar Dalam Kerajaan Allah” — be returned despite the ministry’s claim to her that the items were a threat to national security.

The “Allah” storm was reignited recently when Lim Guan Eng, secretary-general of the opposition DAP, raised the controversial issue in his Christmas message urging the federal government to lift its ban on the word published in the Malay bibles shipped into Sabah and Sarawak, who form the bulk of Malaysia’s 9.2 per cent Christian population.

In response, MAIS revealed on Tuesday that Selangor Sultan Sharafuddin had called for an emergency meeting with state Islamic religious officials to bar non-Muslims from using the Arabic word for god.

The statement from the state’s highest Islamic authority came despite a High Court ruling in December 2009 that the word “Allah” was not restricted to Muslims and the Catholic Church had the right to publish the word in the Malay section of its weekly newspaper Herald.

But despite the Selangor Sultan’s decree, Pakatan Rakyat (PR) confirmed on Tuesday its stand on the controversy, insisting that Islam does not prohibit others from using the word.

PAS president Datuk Seri Abdul Hadi Awang told a joint press conference with PR leaders in Petaling Jaya that Christians and other non-Muslim communities should not abuse the word to spread confusion among Muslims but this did not mean they were not allowed to use the word.

“Islam does not stop those of other faiths from using kalimah ‘Allah’ in their practice, although [in the usage of the word by non-Muslims] it does not refer to the original meaning of the word as according to the al-Quran,” he said.

In recent years, the Christian and Muslim religious communities have been engaged in a tug-of-war over the word “Allah”, with the latter group arguing that its use should be exclusive to them on the grounds that Islam is monotheistic and the word “Allah” denotes the Muslim god.

Shipments of the Alkitab, the Malay-language Bible catering to the Bahasa Malaysia-speaking Bumiputera Christians, were blocked or confiscated at ports before the government finally bowed to pressure and released them in 2011.

A 10-point solution was subsequently issued, seen as a move at the time to temper Christian anger ahead of state elections in Sarawak, a state where the bulk of the country’s Christian community resides.

Source: http://www.themalaysianinsider.com/malaysia/article/allah-ban-against-court-order-cabinet-decision-selangor-told/

After 400 years of ‘Allah’ in bibles, CFM says to stick with practice

By Debra Chong
Assistant News Editor

January 09, 2013

The Christian Federation of Malaysia, an umbrella body representing 90 per cent of churches nationwide, says Christians has a constitutional right to describe its god as ‘Allah’, saying the word has been in Malay-language bibles for more than 400 years. – Reuters pic

KUALA LUMPUR, Jan 9 – The Christian Federation of Malaysia (CFM) maintains its constitutional right to describe its god as “Allah”, saying the word has been in Malay-language bibles for more than 400 years – as a Selangor royal decree threatens to restrict the right of non-Islamic religious worship.

The Selangor Sultan has yesterday issued a decree banning non-Muslims in the state from using the word “Allah”.

The umbrella body representing 90 per cent of churches nationwide said Christians here said the Arabic word is being used by “all Bahasa Malaysia-speaking church congregations especially the Orang Asli Christians, the Baba Christians and Sabahan and Sarawakian Christians including those who are residing in the various states of West Malaysia”.

“In accordance with Article 11 of the Federal Constitution of Malaysia, CFM affirms every person’s right to profess and practice his religion and in this connection, the churches’ freedom to use the Holy Bible in Bahasa Malaysia, the Alkitab, in all our church services, meetings and in our homes,” its chairman Bishop Datuk Ng Moon Hing said in a statement today.

The latest row arose after Selangor’s religious authority said it would enforce a blanket ban on non-Muslim use of the word, despite a High Court ruling in December 2009 that the word “Allah” was not restricted to Muslims and the Catholic Church had the right to publish the word in the Malay section of its weekly newspaper, Herald.

Sikhs, who also lay claim to use of the word in their holy texts, are similarly affected by the state law.

In recent years, the Christian and Muslim religious communities have been engaged in a tug-of-war over the word “Allah”, with the latter group arguing that its use should be exclusive to them on the grounds that Islam is monotheistic and the word “Allah” denotes the Muslim god.

Christians, however, counter that they have a legitimate and constitutional right to also call their god “Allah” based on historical records.

The “Dictionarium Malaico-Latin and Latino-Malaicum” was first published in 1631 by the Vatican Press in Rome.

Church officials say it is historical proof that its missionaries had played a key role in the exchange of knowledge and culture between Europe and Southeast Asia some 400 years ago.

Reverend Lawrence Andrew, who had worked for the past 11 years to reprint the dictionary, previously told The Malaysian Insider it was crucial to counter the mistaken belief that the spread of Christianity through local languages in Malaysia was a recent 20th-century phenomenon.

“It’s to say it’s been here for a long time... 400 years,” the editor of the country’s sole Catholic weekly newspaper, Herald, told The Malaysian Insider in an interview two years ago.

The Catholic Church had challenged the Home Ministry for the right to use the word “Allah” to describe God in the Christian context and had won in a landmark ruling at the High Court on New Year’s Eve in 2009.

But the paper is unable to use it as the ministry managed to get a stay pending its appeal which has been languishing at the Court of Appeal for the past three years.

Veteran lawyers have said there is little the church can do speed up the process as there are no rules on a time limit; adding it was not unusual for a case to be called years after being filed.

Andrew had submitted a copy of the dictionary as historical evidence to back the church’s suit after the ministry tendered several essays by Islamic scholars from the influential Institute of Islamic Understanding here supporting its case.

St Francis Xavier was instrumental in romanising the Malay language, which was used widely but had no written form in Southeast Asia then.

The Vatican’s former representative to Malaysia, Archbishop Luigi Bressan, had observed that the Holy See had as early as 1622 set up a special printing office to spread its Catholic Christian doctrine worldwide, and had marked the importance of Malay in that role.

Bressan, who was the Apostolic Delegate to Malaysia from July 26, 1993 to March 25, 1999, was crucial in reproducing the historical document.

The Italian archbishop remarked that Jesuit missionaries had “distinguished themselves” in translating the new Asian languages into Latin and European languages, in his notes to his essay “A 17th-Century Roman Dictionary of the Malay Language” that was also published as a sort of foreword in the 2010 reprint.

Source: http://www.themalaysianinsider.com/malaysia/article/after-400-years-of-allah-in-bibles-cfm-says-to-stick-with-practice/

Despite royal decree, Protestant churches say will keep using ‘Allah’

By Debra Chong
Assistant News Editor

January 09, 2013

The CCM said Christians have used the term “Allah” for “centuries”. — File pic

KUALA LUMPUR, Jan 9 ― An umbrella body representing Malaysia’s Protestant churches said today Christians nationwide have been calling their god “Allah” in their worship for centuries and will continue exercising their constitutional right to do so, notwithstanding a Selangor state decree barring the term from them.

The heads of churches of the Council of Churches of Malaysia (CCM) said it had noted the current discourse over the use of the word “Allah” by non-Muslims.

The church leaders who are meeting in Ipoh, reiterated that they have been using “Allah” in Malay-language bibles “for centuries” and that many indigenous communities here have incorporated the word that was of Arabic origin as part of their everyday language.

“That being the case, we shall continue this practice ― a right guaranteed to us in our Federal Constitution (Article 11) ― and call on all parties to respect this fundamental right,” they said in a statement to The Malaysian Insider.

The CCM clergymen’s statement comes on the heels of a similar statement issued yesterday by the umbrella body for all Sikh temples in the country.

The Malaysian Gurdwaras Council (MGC) added that any move to stop non-Muslims from using the word “Allah” in a religious text would be a restriction on Sikhs from practising their religion.

“The Malaysian Gurdwaras Council (MGC) is saddened to note that a decree has been issued by His Highness the Sultan of Selangor that non-Muslims in the state are banned from using the word Allah as it is a holy word exclusive to Muslims.

“The MGC is further dismayed that no exceptions have been made in the decree,” MGC president Jagir Singh said in a statement.

Sultan Sharafuddin has called for an emergency meeting with state Islamic religious officials to bar non-Muslims from using the Arabic word for god, the Selangor Islamic Religious Council (MAIS) said yesterday.

The statement from the state’s highest Islamic authority came despite a High Court ruling in December 2009 that the word “Allah” was not restricted to Muslims and the Catholic Church had the right to publish the word in the Malay section of its weekly newspaper, Herald.

Despite the Selangor Sultan’s latest decree banning non-Muslims in the state from using the word “Allah”, Pakatan Rakyat (PR) confirmed today its stand on the controversy, insisting that Islam does not prohibit others from using the word.

PAS president Datuk Seri Abdul Hadi Awang told a joint press conference with PR leaders in Petaling Jaya yesterday that Christians and other non-Muslim communities should not abuse the word to spread confusion among Muslims but this did not mean they were not allowed to use the word.

“Islam does not stop those of other faiths from using kalimah ‘Allah’ in their practice, although [in the usage of the word by non-Muslims] it does not refer to the original meaning of the word as according to the al-Quran,” he said.

The “Allah” storm was reignited recently when Lim Guan Eng, the opposition DAP’s secretary-general, raised the controversial issue in his Christmas message urging the federal government to lift its ban on the word published in the Malay bibles shipped in to Sabah and Sarawak, who form the bulk of Malaysia’s 9.2 per cent Christian population.

In recent years, the Christian and Muslim religious communities have been engaged in a tug-of-war over the word “Allah”, with the latter group arguing that its use should be exclusive to them on the grounds that Islam is monotheistic and the word “Allah” denotes the Muslim god.

Shipments of the Alkitab, the Malay-language Bible catering to the Bahasa Malaysia-speaking Bumiputera Christians, were blocked or confiscated at ports, before the government finally bowed to pressure and released them in 2011.

The Sikhs, however, were not barred from using “Allah” in their worship until the Selangor Sultan’s latest decree.

Source: http://www.themalaysianinsider.com/malaysia/article/despite-royal-decree-protestant-churches-say-will-keep-using-allah/