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

《先鋒報》“阿拉＂案上訴準令申請，擇日裁決

2014-03-05 16:59

（布城5日訊）聯邦法院七司今日開庭審理羅馬天主教會周報《先鋒報》（Herald）被禁使用“阿拉”（Allah）字眼裁決而提出的上訴準令申請後，宣佈擇日期裁決是否同意發出準令。

• 司法宮外場面一度混亂，集會者湧到聯邦法院入口處欲入庭聽審；因人數眾多，在受到阻止後，有人向維持秩序的警員拋擲水瓶。（圖：星洲日報）

聯邦法院七司於今早9時30分開庭審理天主教會提出的上訴準令申請；逾千名穆斯林一早就聚集在司法宮外，並高喊“阿拉”，他們逐步邁向司法宮入口處欲進入聯邦法院聽審，有者更向維持秩序的警員拋擲水瓶，場面一度混亂。

這起案件的判決具有關鍵性的作用，若聯邦法院拒絕發出準令，天主教會將喪失最後一個上訴的管道，從此不能在《先鋒報》使用“阿拉”字眼來稱呼上帝。

這起備受國內外矚目的案件也非常罕見的由七司會審，由聯邦法院首席大法官敦阿里芬親自率領另六司，即上訴庭主席丹斯里勞勿斯、馬來亞大法官丹斯里朱基菲里、東馬大法官丹斯里理查馬拉尊、聯邦法院法官丹斯里蘇里雅迪、拿督再弄和拿督陳國華審理。

天主教會律師：國際關注

代表申請人天主教會的律師拿督西勒斯達斯在陳詞時指出，上訴庭較早前有關《先鋒報》不能及無權使用“阿拉”字眼的裁決已引發各造爭議和混淆，甚至開始產生或衍生許多的“不確定性”及憂慮。

“上訴庭的裁決也引起了國際的關注，許多國際穆斯林學者都對上訴庭的裁決提出了質疑。”

他強調，這也是為何聯邦法院，也是大馬至高無上的法庭需審核上訴庭的裁決，包括決定其原則及範圍正確性的主要原因之一。

政府律師：內政部依法行事

代表內政部和大馬政府的高級聯邦律師蘇查娜阿旦則指出，內政部長是為了維護公共秩序和國家安全，才發出禁止天主教會周報使用“阿拉”字眼的指令，當中不具任何惡意的成份。

她指出，天主教會周報所提出的準令申請並不符合1964年法庭司法法令第96條文的門檻要求，單憑這點，準令申請就不應受理。

她說，法院不應發出準令，因為上訴庭已作出裁決，而內政部長只是依據1984年印刷及出版法令行事，當中不涉及任何違法或不合理的因素。

法院保留判詞

聯邦法院七司聆聽各造代表律師的口頭陳詞後表示，法院將保留判詞，並擇日作出裁決。

（星洲日報）

来源：http://news.sinchew.com.my/node/352425?tid=1

Idris Jala should go

FEBRUARY 24, 2014

Now Malaysians know why Datuk Seri Idris Jala (pic) has been quiet for so long as the debate on the Allah issue raged on.

He did not have a plausible explanation for the government's flip-flop on the so-called 10-point resolution on outstanding issues involving Christians of which he apparently was the architect of.

He was also searching for a nonsensical reason to justify Putrajaya's clueless response to the seizure of Malay-language Bibles by Jabatan Agama Islam Selangor (Jais) officers.

And finally, he was hard at work trying to figure out how to explain this mind-numbing dichotomy: the government's decision to allow Allah to be used in Sabah and Sarawak and not in the Catholic weekly, the Herald.

Problem solved.

Today, Jala wrote in his column for the MCA mouthpiece, The Star, and offered a cockamamie reason why the use of Allah in the Catholic Herald is treated differently than Allah in the al-Kitab.

It was disingenuous and plainly dishonest of the minister. Really?

Does he consider a publication sold in the confines of churches to several thousand Catholics a widely distributed publication? The use of the word Allah in the Herald is limited to the Bahasa Malaysia section which is for Catholics who live in Sabah and Sarawak. At the height of its circulation, it sold 14,000 copies but now only an average of 8,000 copies.

Jala is just repeating that rubbish argument the Home Minister used in justifying the order prohibiting the Herald from using the word Allah.

The only reason why the Kuala Lumpur Archbishop took the government to court was because Catholics/Christians finally realised that the word of Malaysia's Prime Ministers cannot be relied on.

After all, the Mahathir cabinet allowed Christians to use Allah despite the 1986 directive only for Tan Sri Syed Hamid Albar to engage in point-scoring when he was the Home Minister under Tun Abdullah Badawi.

There is only one take away from Jala's column: Christians should not look to any Christian ministers in the cabinet for help in untangling the Allah mess.

The 10-point solution has been found to be ineffective although Jala wrote that it was done in a very tight spot with the fact that Sabahans and Sarawakians make some four million trips annually to Peninsular Malaysia.

The thing is, there are a large number of Sabahans and Sarawakians who work in the peninsula and they worship in many churches in Bahasa Malaysia. Should they only know about events in the church in English rather than Bahasa Malaysia?

What about them, Mr Jala?

One final thought: Father Lawrence Andrew be praised. Your little known publication has wider readership and influence than the Bible! – February 24, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/idris-jala-should-go

Idris: 10-point solution on Alkitab issue most pragmatic

BY RAZAK AHMAD

PETALING JAYA: The Federal Government’s 10-point solution on the Alkitab issue remains the most pragmatic solution to manage the matter, said Minister in the Prime Minister’s Department, Datuk Seri Idris Jala.

Addressing the issue for the first time since the seizure of Bahasa Malaysia Bibles and other Christian literature by the Selangor Islamic Affairs Department (Jais) in January, Idris urged all parties to “think very carefully about jumping the gun on solutions that lead to a win-lose solution”.

“Either way, I am convinced any one-sided solution will certainly create a fault-line in the Malaysian religious and social fabric. We don’t want to go there,” wrote Idris in his Trans­formation Unplugged column in The Star today.

Idris reiterated the Cabinet’s position which supports the 10-point solution, but maintained that all sides must abide by existing federal and state laws.

The announcement of the 10-point solution in April 2011 by the Home Ministry has cleared the way for the distribution of thousands of Alkitab – a term collectively referring to Bibles in Bahasa Malaysia, Bahasa Indonesia and indigenous languages – in peninsular Malaysia, Sabah and Sarawak.

“Unless someone comes up with a better and more acceptable way forward, I think the 10-point solution remains the most pragmatic and workable compromise to help us manage this highly sensitive issue,” Idris said.

He said many people had queried him over the past two years on the 10-point solution with regards to whether it was consistent with related policies, laws and practices, which he narrowed into several key questions.

One was over how the 10-point solution could co-exist with the respective states’ Islamic Enactments that prohibit non-Muslims from propagating their faiths to Muslims.

Idris said the Alkitab is allowed for use by Christians, their churches and congregations and non-Muslims.

However, if anyone uses the Alkitab or uses words prohibited under state laws to propagate non-Islamic faiths to Muslims, then he will contravene the relevant Islamic laws.

Citing an example, Idris said that although the word Injil was another prohibited word for non-Muslims in Selangor, the Federal Govern­ment and the Selangor state has not prohibited his church, one of the fastest growing in Kuala Lumpur, from calling itself Sidang Injil Borneo KL (SIB KL).

Another question was why conditions were imposed for the Alkitab in Peninsular Malaysia when there is no such conditions in Sabah and Sarawak.

Idris said Christians in Sabah and Sarawak have long used the word Allah in their own indigenous language unlike in peninsular Malaysia, where the sensitivities of the Muslim community should be taken into account.

“However, recognising the interests of the minority Christian communities and also other communities and religions such as the Sikhs, who also use the word Allah, it is reasonable to allow them access to Alkitab and their own holy books on a conditional basis,” he said.

Source: http://www.thestar.com.my/News/Nation/2014/02/24/Idris-10point-solution-on-Alkitab-issue-most-pragmatic/

UN observers want Putrajaya to allow ‘Allah’ for all

By Ida LimNovember 25, 2013

'Herald, the Catholic Weekly,' is seen on the table at its office in Kuala Lumpur February 27, 2009. — Reuters picKUALA LUMPUR, Nov 25 — Putrajaya should lift its ban on use of the word “Allah” in the Catholic Church's weekly paper Herald, the United Nations (UN) observers said today, as global concern grows over religious freedom for Malaysia's non-Muslim minorities.

Frank La Rue, the UN Special Rapporteur on freedom of expression, said the federal government and the home ministry should allow the Catholic Church to use the Arabic word to refer to their God.

“The Ministry of Home Affairs and the Government of Malaysia should take necessary steps to secure immediately the right to freedom of opinion and expression of Herald – The Catholic Weekly and withdraw unconditionally from further litigation on this issue,” the UN expert said in a press release issued by the Office of the United Nations High Commissioner for Human Rights (OHCHR).

La Rue was backing his colleague Heiner Bielefeldt's call today for the federal government to retract its decision, which was seen to limit the use of the word “Allah” to Muslims only - the country's largest religious community.

In warning of the court case's potential far-reaching impact on religious minorities in Malaysia, Bielefeldt also said that the government should not be dictating or interpreting on religious matters, stressing that freedom of religion belongs to individuals.

“Freedom of religion or belief is a right of human beings, not a right of the State,” said Bielefeldt, who is the United Nations Special Rapporteur on freedom of religion or belief.

“It cannot be the business of the State to shape or reshape religious traditions, nor can the State claim any binding authority in the interpretation of religious sources or in the definition of the tenets of faith,” he added.

Last month, the Court of Appeal ruled that the Home Ministry’s decision to ban the use of the word in the Herald was justified, saying that the use of the word “Allah” was “not an integral part” of the practice of the Christian faith.

Rita Izsák, UN Independent Expert on minority issues, said the ban had effectively breached the local Christian community's freedom to practice their faith, expressing her concern that it could affect the interfaith relations here.

“Discrimination on the grounds of religion or belief constitutes a violation of human rights and fundamental freedoms, and in this instance is a breach of the rights of a religious minority to freely practice and express their faith as they have done for generations. Such actions may present an obstacle to friendly and peaceful relations between faith communities,” she said today in the same press release.

Since the Court of Appeal ruling, churches in Sabah and Sarawak have become more vocal in pressing for their right to use the term that they say is entrenched in the 20- and 18-point agreements with the two states, insisting they will continue their age-old practice of referring to God as “Allah” in their worship and in their holy scriptures.

On November 11, the Catholic Church filed for appeal at the country’s top court to seek clarity on the religious row that has drawn deep lines between Malaysia’s non-Muslim minorities and its 60 per cent Muslim population.

In its Federal Court filing sighted by The Malay Mail Online, the Church submitted a list of 26 questions that concern the Constitution, administrative law and the general conduct of the courts to decide on the dispute that has been left simmering for the last five years after the Home Ministry barred the publication of the word “Allah” in the Bahasa Malaysia section of Catholic weekly, Herald.

Several ministers also said recently that the 10-point solution issued by Putrajaya in 2011 - which allows the printing, importation and distribution of the Al-Kitab, the Bahasa Malaysia version of the Christian bible, containing the word “Allah” - should stand, despite the appellate court ruling.

Prime Minister Datuk Seri Najib Razak also said previously that the ruling would not affect Sabah and Sarawak, while separately another Cabinet minister claimed that Christians from the Borneo states could also use the word in Peninsular Malaysia.

According to a 2010 census, Muslims are Malaysia’s largest religious group, followed by Buddhists. Christians are the third largest at 2.6 million, which comes up to about 10 per cent of the entire Malaysian population.

Bumiputera Christians, who form about 64 per cent or close to two-thirds of the Christian community in Malaysia, have used the word “Allah” when praying and speaking in the national language and their native tongues for centuries.

Source: http://www.themalaymailonline.com/malaysia/article/un-observers-want-putrajaya-to-allow-allah-for-all#sthash.eKFV7ugm.dpuf

Court of Appeal quashes ‘Allah’ judgement

BY JOSEPH SIPALANOCTOBER 14, 2013UPDATED: OCTOBER 14, 2013 12:04 PM

Members of Perkasa hold a rally outside the Court of Appeal in Putrajaya on October 14, 2013 before the court ruling on the ‘Allah’ appeal. — Picture by Saw Siow FengKUALA LUMPUR, Oct 14 — The Court of Appeal today ruled unanimously against allowing the Catholic Church to use the word “Allah” in its weekly publication The Herald, saying that the government did not impugn on the Church’s constitutional rights in banning the use of the word.

Justice Datuk Seri Mohamed Apandi Ali, who read out a summary of the judgement, said the home minister had acted well within his powers to disallow the Herald from using the word “Allah” in its Bahasa Malaysia section.

“It is our common finding that the usage of the name ‘Allah’ is not an integral part of the faith and practice of Christianity.

“From such finding, we find no reason why the respondent is so adamant to use the name ‘Allah’ in their weekly publication. Such usage, if allowed, will inevitably cause confusion within the community,” he said before a packed courtroom. 

The Allah case returned to the courts last September, over three years after Putrajaya filed an appeal against the Kuala Lumpur High Court’s decision in favour of allowing Catholic weekly the Herald to continue using the word “Allah” in its Bahasa Malaysia section. 

The Catholic Church had in July this year moved to strike out the government’s appeal after patience ran out with the lack of progress in the government’s challenge on the decision that has contributed to festering interfaith ties in the country. 

The Allah row erupted in 2008 when the Home Ministry threatened to revoke the Herald’s newspaper permit, prompting the Catholic Church to sue the government for violating its Constitutional rights. 

Apandi, who sat on a three-member bench with Justices Datuk Abdul Aziz Abdul Rahim and Datuk Mohd Zawawi Salleh, said they were satisfied the home minister had considered sufficient material before exercising his powers under the Printing Presses and Publications Act 1984 when he banned the Catholic Church’s newspaper from using the word “Allah”. 

“Although the test under the written law is subjective, there is sufficient evidence to show that such subjective decision was derived by considering all facts and circumstances in an objective manner,” he said. 

Apandi also cited legal maxims that place the safety of the public and state above all else and that “the welfare of an individual or group must yield to that of the community”. 

The Court of Appeal also ruled that the earlier judicial review at the High Court only considered the manner in which the home minister came to his decision and not at the merits behind the decision. 

Apandi noted that when a decision involves the use of discretionary powers, as in the Allah case, the “determinable issues” would depend on the facts of the case. 

The Catholic Church will have 30 days from now to file an application for leave at the Federal Court to appeal against today’s judgement. 

The 2009 High Court decision upholding the Catholic Church’s constitutional right to use the word “Allah” had shocked Muslims who considered the word to only refer to the Muslim God. 

It also led to Malaysia’s worst religious strife, with houses of worship throughout the country coming under attack. 

Christians are the third largest religious population at 2.6 million, according to statistics from the 2010 consensus, behind Muslims and Buddhists.

Source: http://www.themalaymailonline.com/malaysia/article/court-of-appeal-quashes-allah-judgment

Bumiputera Christians in East Malaysia willing to run foul of the law over “Allah” issue

BY JENNIFER GOMEZ
OCTOBER 11, 2013

If the 1.6 million  Bumiputera Christians in Sabah and Sarawak are not allowed to use the word "Allah" to refer to God, they would still do so, said two Christian church associations today.

In a joint statement, the Sabah Council of Churches and the Association of Churches Sarawak called on the powers-that-be not to allow religious bigotry, racism and extremism to be perpetuated and poison the nation.

The appeal comes just days before the Court of Appeal rules on Monday whether the Catholic weekly newspaper, the Herald, can use the word "Allah" in its Bahasa Malaysia section.

In the statement, the churches stated that Christians in Sabah and Sarawak, who make up two thirds of the Malaysian Christian community, worship in Bahasa Malaysia and have been referring to God as "Allah" for hundreds of years.

This was even before Malaysia was formed in 1963, where the foundation of its formation was on the basis that there would be no restrictions placed on other religions even though Islam was named the official religion of the country.

Describing it as a tragedy that this foundation was progressively being undermined and eroded, they cautioned that any attempt to hinder the use of the word Allah would instantly turn "native Bumiputeras into law-breakers in the very land where they are sons of the soil”.

As such, they called on all quarters to practice mutual acceptance and honour each other's religious practices, beliefs, precepts and doctrines.

A ban on the usage of the word in the Herald, they pledged, will not stop the churches from using the word.

They said that the Bumiputera churches will continue to use the Bahasa Malaysia bible wherein the word "Allah" is contained, calling it fundamental to the profession and practice of the Christian faith.

Describing any move to ban the word as "unacceptable", the churches said, would amount to a serious breach of Malaysia's foundation on religion and religious freedom. – October 11, 2013.

Source: http://www.themalaysianinsider.com/malaysia/article/christians-in-east-malaysia-willing-to-run-foul-of-the-law-over-allah-issue

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

‘Ibrahim a menace to national security’

G Vinod

 | January 21, 2013

Father Lawrence Andrew of The Herald draws attention to fact that PM Najib has okayed the use of the al-Kitab among Christians.

PETALING JAYA: Perkasa president Ibrahim Ali is a menace to national security, said Father Lawrence Andrew, editor of weekly Catholic newspaper, The Herald.

“Action must be taken against Ibrahim for fanning religious discord,” said Father Lawrence.

The Herald which enjoys a circulation of about 14,000 copies nearly lost its publishing licence for using the word ‘Allah’ as a translation for ‘God’ in its Malay language Bibles.

On Saturday, at Perkasa a convention in Penang, Ibrahim caused a stir when he urged Muslims to burn the al-Kitab (Malay-language Bibles) containing the word ‘Allah’.

His statement drew condemnation from various quarters, with civil rights lawyer Syahredzan Johan calling for Ibrahim to be investigated under the Penal Code and the Sedition Act.

Father Lawrence said that Article 11 of the Federal Constitution guarantees the freedom of worship to all Malaysians and how they managed their respective religious affairs.

“And the use of the al-Kitab (Bible) is protected under the Constitution.What Ibrahim said goes against the highest law of the land,” he said.

Ibrahim is not above the Cabinet

Father Andrew added that even Prime Minister Najib Tun Razak, via a letter in 2011, had okayed Christians to use the al-Kitab, after a meeting with the Cabinet.

“Najib is clear about it. Ibrahim is not higher than the Cabinet,” said Father Andrew.

Mar Thoma-Syrian Church of Malaysia’s senior priest Thomas Phillips said that it was sad and disgusting for someone to call for the burning of another’s religious scripture.

“If you’re not happy with something, hold dialogues instead of creating fear and animosity,” said Phillips.

He urged the authorities to look into the matter as his comments does not bode well for the government’s image.

“But Malaysians are fair minded people and I believe that good sense will prevail,” said Phillips.

Whether he would lodge a police report on the matter, Phillips said: “We learn to forgive people. Some say things out of ignorance. We’ll tell our members to be patient.”

Source: http://www.freemalaysiatoday.com/category/nation/2013/01/21/ibrahim-a-menace-to-national-security/