《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

Federal Court on Allah Case - Court reserves judgment on church’s leave application

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
MARCH 05, 2014
LATEST UPDATE: MARCH 05, 2014 02:25 PM

Muslim protestors gather in front of the Court of Appeal during a demonstration against a Malaysian Catholic newspaper using the word 'Allah' in Putrajaya, outside Kuala Lumpur today. – The Malaysian Insider pic by Najjua Zulkefli, March 5, 2014.The Federal Court has reserved judgment on the Catholic Church's leave application to appeal against the ruling by the Court of Appeal which affirmed that the home minister was right to ban the use of the word "Allah" in a weekly publication.

Chief Justice Tun Arifin Zakaria adjourned ruling after hearing the parties to the leave application.

A court official said the Federal Court registry would notify parties when the judges were ready to deliver their verdict.

An unprecedented seven-man bench was convened to hear the church's leave application.

Sitting with Arifin were Tan Sri Raus Sharif, Tan Sri Zulkefli Ahmad Makinuddin, Tan Sri Richard Malanjum, Tan Sri Suriyadi Halim Omar, Datuk Zainun Ali and Datuk Jeffrey Tan Kok Hwa.

Leave applications and appeals are normally heard by a five-member bench.

Only on two occasions in the past had a seven-member panel been convened to hear drug trafficking cases involving important legal principles.

The church had submitted 26 questions on the constitution, administrative law as well as the power of the court to allow the home minister to ban the use of a theological word.

These questions were part of the application filed by lawyers for the church, seeking leave to appear before the Federal Court to challenge the Court of Appeal's ruling on the "Allah" issue.

Lawyer Datuk Dr Cryrus Das, who appeared for the church, said the apex court should hear the merits of the case because the Court of Appeal had reversed the findings of a High Court on key constitutional and administrative law issues.

"The Court of Appeal ruling had further created ambiguities on the 'Allah' issue which has now affected 1.6 million Bumiputera Christians in Sabah and Sarawak," he added.

Catholic Archbishop Emeritus Tan Sri Murphy Pakiam (second from right) outside the court after the Federal Court reserved judgment on the church's leave application. – The Malaysian Insider pic by Najjua Zulkefli, March 5, 2014.He said ministers had made conflicting and contradictory statements following the appellate court's ruling.

"Further, the decision has also affected minority rights of others like the Sikhs and Bahai who use the word 'Allah'," Das said, adding that the international community was also closely following this matter.

He said it was unclear where the minister had obtained the authority to impose the ban on the word.

"One of the Court of Appeal judges stated that the minister has absolute discretion but the court was entitled to review his decision," he said.

Das said Islam was the religion of the federation but fundamental rights in the constitution could not take a back seat.

He also said the apex court had to decide to what extent judges could rely on the Internet to do research in making judicial findings.

Das said the publisher of the Herald had been using the word in the newspaper since 1995 and there was no threat to national security until the minister imposed a ban in 2009.

Another counsel for the church, Fabian Dawson, said Christians in this part of the region had been using the word "Allah" in their religious practices since 1894.

Senior Federal Counsel Suzana Atan said the minister had imposed the ban on grounds of national security and it was not done in bad faith.

"We take the position that leave must be denied as the Court of Appeal had made the decision as the minister had followed the provision in the Printing, Presses and Publications Act," she said.

Datuk Sulaiman Abdullah, who appeared for the Terengganu Religious Council, said it was not for the court to determine issues relating to public order.

"The minister was concerned about the public repercussions if the word was allowed to be used in the Herald," he said, adding that the executive could not gamble the security of the nation.

Lawyer Mubashir Mansor, representing the Kuala Lumpur and Selangor religious councils, said "Allah" was not an integral part of Christianity.

"The original Bible was in Hebrew and Greece. The Bahasa Malaysia text was only a translation; it could have been wrong in the use of the word 'Allah'," he said.

He said "Allah" was an Arabic word imported into Christianity.

On October 14, a three-member bench led by Datuk Seri Mohamed Apandi Ali – which allowed Putrajaya's appeal to ban the Herald from using the word "Allah" – said there was a 1986 directive by the Home Ministry that prohibited non-Muslim publications from using four words: "Allah", "Kaabah", "Solat" and "Baitullah".

Apandi, in his judgment, said the reason for the prohibition was to protect the sanctity of Islam and prevent any confusion among Muslims.

He also ruled that if the word was allowed to be used by Christians, it could threaten national security and public order.

Furthermore, the court said the prohibition was reasonable on grounds that the word "Allah" was not an integral part of the Christian faith and practice.

The decision sparked an outcry among Christians and other non-Muslims in both the peninsula and Sabah and Sarawak.

Church groups and MCA had also sent lawyers to hold a watching brief of the proceedings today.

Gan Peng Siew, a former MCA vice president, represented the party while Syahredzan Johan appeared for the Malaysian Bar Council.

Other organisations represented were the Commonwealth Law Association; Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism; World Council of Churches; Christian Federation of Malaysia; Council of Churches Malaysia; Sidang Injil Borneo
(peninsula); Sidang Injil Borneo (Sabah); Sidang Injil Borneo (Sarawak); Association of Churches of Sarawak; and Sabah Council of Churches.

Seven religious councils and the Malaysian Chinese Muslim Association are together with Putrajaya in opposing the church's leave application. – March 5, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/court-reserves-judgment-on-churchs-leave-application

PAS maverick continues Christian outreach as Putrajaya stands firm on ‘Allah’ ban

BY LOOI SUE-CHERN
MARCH 01, 2014

(From right) Mujahid, Steven and another representative from Church of Christ the King chatting after a dialogue between the church and PAS in Sungai Petani, Kedah, yesterday. – The Malaysian Insider pic by Hasnoor Hussain, March 1, 2014.Immediately after Friday prayers yesterday, PAS MP Datuk Dr Mujahid Yusuf Rawa visited a Sungai Petani church to meet Christians with his message of peaceful coexistence and that Allah was for all, unlike the day's sermon that preached the word was only for Muslims.

The Putrajaya decision was political, not theological, the Parit Buntar MP put it succinctly to the packed room at the Church of Christ the King for his dialogue "An Afternoon in Harmony, Mercy for All" in his second time at the church. His first was three years ago after he started his interfaith dialogue.

"Islam is the religion of the Federation but non-Muslims have the freedom to profess and practise their religions. Only propagation to Muslims is prohibited. The setting is already there for interfaith relations.

"But it has been derailed and manipulated by politicians for their own interests and to split votes among the races," he said at the dialogue, where the 100-odd people waited patiently which began 30 minutes behind schedule.

The 49-year-old MP said these "political actors" were destroying the foundation Malaysia's founding fathers had built with issues like the use of the Arabic word "Allah" in Malay-language Bibles to refer to God.

Mujahid said there were both exclusiveness and inclusiveness in the faith, with the former referring to an individual's belief in a particular religion.

On inclusion, he said the bridge to inclusiveness in religion in a diverse society was through mutual respect, understanding, dialogues and avoiding any confrontational actions that can cause hatred like cursing another's god and disrespecting the way they pray.

"Also stop telling people of other faiths, like the Christians, what they can and cannot say.

"If a Christian in a country, where Muslims are a minority, say the same thing to a Muslim in retaliation, then world will be in trouble," he said, adding that it was wrong to seize the holy books of another religion in an apparent reference to the Selangor Islamic Affairs Department seizure of some 300 copies of the bibles in Bahasa Malaysia and the Iban-language in January.

"The fact that they are not of your religion does not give you the right to do anything you want."

To date, he told his audience,  he has been to about 20 churches nationwide to promote interfaith dialogues. He has even documented his visits in his book "Berdialog dengan Gereja", which has an English version called "Engaging Christianity: A Travelogue of Peace".

This was unlike the past when the party was known for being conservative and only appealed to the Malay ground for votes and issues.

For Mujahid, engaging churches was a sign that PAS refused to stay silent and let the country be destroyed by ignorant people. – The Malaysian Insider pic by Hasnoor Hussain, March 1, 2014.On why PAS was engaging churches, Mujahid said it was because the party refused to stay silent and let "the country be destroyed by people without knowledge".

Quoting African-American civil rights movement leader Martin Luther King Jr, who said "In the End, we will remember not the words of our enemies, but the silence of our friends", Mujahid said the people will blame PAS later if it had failed to speak up.

The MP also said he continued to engage non-Muslims as interfaith relations in Malaysia suffered from problems like the controversial "Allah" issue, because he wants to "witness the sign of God".

"I know I cannot run from being a politician, as I am an MP but this is not due to politics. I am not asking for votes.

"I want to witness the signs of God, which can be everywhere we go. It is also in us... We are all here now, united despite our different backgrounds, religions and races.

"We are already enjoying it now so why do we want to destroy it?" he said, adding that God himself created different races of men so that they may get acquainted with one another.

Mujahid, who has a doctorate in Islamic political science, also said if differences become the reason for people to make war and enemies, the world would end with people killing each other just because they come from different faiths.

"God does not want that. Only a few people like (those in Malay rights group) Perkasa and Umno ... If they want to fight the will of God, let them fight.

"They are a useless bunch of people trying make us hate each other. Let them. I am talking of the voice of God, not theirs. Who cares about them?"

Mujahid also said nobody can claim his religion to be better than another person's religion.

He said it was a matter for God to decide, not the people, whose business should be living as good servants of God by accepting, recognising and cherishing the existence of diversity.

He also said people should never underestimate other people's God or question the polytheism (the worship of many gods) practices by others.

"God has commanded that nobody is to belittle or say bad things of gods other than Him. God says everything for a reason. Think (about it)."

The other speaker at the dialogue was Penang Diocesan Pastoral Institute director Dr Steven Selvaraju, who said people must question why religious issues that create tension in society have been brought up in recent years.

The former college lecturer, who taught Moral and Malaysian studies, said people are hearing different views and should question who is benefiting from the issues.

Selvaraj believes Malaysians must question why religious issues that create tension in society have been brought up in recent years, adding that people must question who is benefitting from these issues. – The Malaysian Insider pic by Hasnoor Hussain, March 1, 2014.Parents, he said, should not badmouth or make negative comments on other races or religions in the presence of their children while the education system must not divide the children.

"Non-Muslim students have to take compulsory classes on Islam in college. Why can't Muslim students also take classes to learn about other religions," he said, adding that youths of different faiths should also be given more opportunity to mingle in community programmes by churches and mosques.

Louis Philip Mohan, 62, who is a member of the church, said in his view religion has itself become a problem following exploitation by certain parties.

He said such a dialogue was necessary because the situation may become worse if people just kept silent.

"It is admirable of Mujahid to come and see non-Muslims on their own turf. I think maybe Christians should also take a leaf out of his book and go out to engage people of other faiths too," he said.

Another church member, who declined to be named, said he was impressed with Mujahid's knowledge despite his age and also to find that PAS members are very peace-loving people.

He said the two-hour session was very good and suggested that such a dialogue should be held at a much larger scale to allow more people to attend and participate.

Yesterday in its Friday sermons, the Department of Islamic Development (Jakim) again reminded Muslims to enforce the ban on the use of “Allah” by “other parties”, a remark that usually refers to non-Muslims using the Arabic word for “God” during worship.

The department also urged all state Muslim enforcement authorities to enforce this ban through their respective state enactments. – March 1, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/pas-maverick-continues-christian-outreach-as-putrajaya-stands-firm-on-allah

Idris Jala must not defend the 10-point solution – Bob Teoh

FEBRUARY 25, 2014

Datuk Seri Idris Jala's defence of the cabinet's position over the “Allah-Alkitab” crisis and 10-point solution is untenable because it is fundamentally flawed.

Although he made it clear that this is his personal opinion, Idris is basically defending the cabinet over an indefensible policy.

Cabinet's 10-point solution in 2011 is flawed because it is essentially a one-country-two-laws policy. This is both wrong and unacceptable.

The 10-point was imposed unilaterally by the cabinet although discussions with some church leaders were held behind closed doors.

The Christian Federation of Malaysia's, the umbrella body, response was to reject the 10-point solution.

Other church organisations, denominations and pastors' fellowship adopted a similar posture with
the exception of the Bible Society of Malaysia, which is not a spokesman of the church in any case but a Bible bookshop.

The use of the word “Allah” pre-dates Islam. It is not exclusive to Islam.

The 10-point solution fails to understand this. A senior pastor said last week that on the Day of Pentecost, as described in the Book of Acts in the New Testament, Arabs as well as people of other
ethnicities were present on that occasion, 600 years before the Quran was compiled.

The Bible also pointed out each people group was declaring "the wonders of God in their own tongues" (Acts 2:11). The Arabs would have no doubt used the word “Allah” to refer to God.

In the Malay-speaking world, portions of the Bible were first translated (in Indonesia) in 1612 in which the word God was translated as “Allah”.

This was not only the first non-European translation of the Bible but it was done well ahead of any translation of the Quran into Malay.

Even the legendary Munshi Abdullah translated the Bible into Malay preferring the word “Allah” for God.

The Christians were, therefore, first to use the word “Allah” in the Malay-language Bible.

This puts to rest the argument that the word “Allah” is exclusive to Muslims. The principle is that the first to use the term is entitled to claim priority over those who used it later.

Again, the 10-point solution has missed this moot point.

Even as Islam is the religion of the Federation, freedom of religion remains a most fundamental human right of every citizen recognised and protected by the Federal Constitution.

This, the cabinet has failed to accept or understand.

So fundamental is this right that even when a state of emergency is proclaimed under Article 150 of the Constitution, among other things, our right to freedom of religion cannot be tampered with or
removed.

We have lived through several emergencies or marshal law periods in our short history. Yet not once has our fundamental right to freedom of religion been curtailed or set aside.

Sub-clause 6A of Article 150 is clear: "nor shall Clause (6) validate any provision inconsistent with the provisions of this Constitution relating to any such matter or relating to religion…"

This plainly means freedom of religion remains protected and guaranteed by our Constitution even under emergency rule.

The supremacy of the Constitutional guarantee and protection of our freedom of religion becomes clear at once, when read together with Articles 3 and 11.

The safeguard of freedom of religion, as rightly pointed out by Idris, is further amplified in what is known as the 18- and 20-point agreements submitted by the Sarawak and Sabah governments for inclusion into the new Constitution for Malaysia in 1963.

We are also acutely aware that freedom of religion is also a cornerstone of United Nations conventions on fundamental human rights and that the state should not intervene in matters of religion.

This was the position rightly taken by the High Court in the Herald case when it decided on December 31, 2009, that the home minister was wrong in imposing a condition that the weekly Catholic Herald's annual publishing permit would only be renewed if it did not use the word “Allah” to refer to God in its Bahasa edition.

Sadly, last year the Court of Appeal reversed the High Court judgment by ruling that the use of the word “Allah” is not integral to Christianity.

In doing so the Court of Appeal went beyond its jurisdiction and has usurped the ecclesiastical jurisdiction that belonged solely to the Church in Malaysia. It is up to the Federal Court now to restore the status quo. The remedy can be by a consent judgment.

Idris's contention is that Article 11 (4) allows for the various so-called State Islamic Enactments to "control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam".

That may be so, but the operative words are "control" and "restrict". But the various State Islamic
authorities started gazetting fatwas "prohibiting" non-Muslims from using a slew of words like “Allah”.

This "prohibition" is clearly in violation of the Constitutional provision. This strikes at the heart
of the supremacy of the Constitution.

Many have called for Idris to resign from the cabinet over the 10-point solution.

Many are also aware of Idris's Christian heritage from the Kelabit Highlands, the Bible Belt of Malaysia.

He preached his first sermon while in Form Three back in October 1973. Some believed him while some others doubted. The rest is history.

But history repeats itself. Today, when Idris tries to preach religious tolerance, there are many who believe in him just as there are doubters.

I may disagree with Idris, but as a fellow believer, I would still listen to his sermon. – www.sinchewdaily.com, February 25, 2014.

Source: http://www.themalaysianinsider.com/sideviews/article/idris-jala-must-not-defend-the-10-point-solution-bob-teoh

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/

不再沉默以對

2014-01-11 09:51

容我悲觀地說一句，10點方案的訂立，意義和影響力如今看來，已愈顯淡薄。

不是嗎？在一個向來強調宗教信仰自由的國度，我們卻走到需要立定方案來保障國民信仰自由的地步，而聖經被扣查已不再是偶發的事件，更甚的是，它可被解讀為干預信仰自由的一種舉動。

無論雪州宗教局是基於何等充份和充足的理由來解釋，並合理化突檢馬來西亞聖經公會和扣押聖經的舉動，但是這種不管是援引哪個法律條文而展開的突檢行動，已是不顧基督教徒的感受。

對教友而言，這樣的舉動是一種表面無法預估的心靈傷害，形成一股摧毀曾經彼此互相信任的可怕力量，而一旦信任已不復在，取而代之的將是猜疑，甚至形成仇恨的心態。而當猜疑的氛圍形成，這已不是領袖站出來說一兩句安撫的話就能定神壓驚，也不是領袖的口頭保證和承諾，國民就會天真的深信不疑，和諧與和平在這片受到政客操弄和極端與激進分子肆意妄為的土地上，依舊是雋永不變的。

“我們真的不知道教會的辦公室甚麼時候也會被搜？”朋友見我一臉疑惑，反問我道：“你難道忘了3年前超過3萬5千本國語聖經在古晉被海關扣查嗎？”我怎可能忘記這件事，10點方案正是因為當年鬧得沸沸揚揚的扣押事件而擬定。

然而，我不得不說，相繼發生的一些事，尤其是這兩三年來，有關禁用“阿拉”稱呼案件的判決，還有近日的扣押聖經事件以及當局援引煽動法令調查《先鋒報》編輯羅仁斯神父，都讓東馬的教友很清楚明白已無法再置身於事外。

這又讓我想起兩個月前，砂拉越聯合教會首度主辦公開論壇，這項採用“並肩捍衛宗教自由”（Standing together forreligious freedom）為主題的論壇，探討的正是倍受各界矚目的“阿拉”課題。

在那場一千多人出席的公共論壇，我置身其中，除了聆聽學者、律師和宗教界權威人士的侃侃而談和分析，更多的時候我還悄悄打量四周的出席者，從他們肅穆的神情和專注的姿態，偶爾還因為台上主講者緊扣人心的演說而報以掌聲，顯然出席者專注聆聽學者和專家的演說不僅是因為他們對內容的關注，引起的廣泛共鳴恰是由於他們也無法苟同禁用稱呼的做法。

公共論壇後，有人形容教會的聯合聲明讓人側目，也是勇敢的表現，只因宗教信仰之故，讓許多人對教友的印象多半定格在謙和、容忍、寡言。我不否定宗教信仰灌輸教友謙恭平和的理念，但不認為，更不認同教會領袖的公開表態是勇敢和對當權領袖的嗆聲，實則教會的領袖是已察覺到在危機潛伏的大環境中，最起碼必須先堅定表態，站穩立場。

此次扣查聖經事件雖然是發生在一海之隔的西馬，但從東馬越來越多教會紛紛挺身表態看出，教會己拒絕妥協，也不再深信於領袖的表態，更何況從事情發生至今，教友已在當權領袖的刻意沉默中感受到失望，而失望的心情並不是一句“感到遺憾”就能輕易撫平。

“放心，事情會解決的……”、“沒事的，這事已引起內閣的關注和討論…”，政治人物是用堅定的口吻安撫一顆顆不安的心。“政治人物說放心、沒事，你還能相信嗎？”朋友不經意的一句反問，卻讓我陷入苦思中，心情頓時郁悶，彷彿烏雲已罩頂。

（星洲日報／綿里藏心‧作者：何俐萍‧《星洲日報》砂州高級新聞編輯）

來源：http://opinions.sinchew.com.my/node/31294?tid=38

Priest reveals proof Christians used ‘Allah’ before Merdeka

BY JENNIFER GOMEZ
JANUARY 07, 2014

A prayer book in Malay, published in 1905, containing the word ‘Allah’. – The Malaysian Insider pic, January 7, 2014.A century-old Catholic prayer book is the latest proof that Christians in the Malay peninsula not only prayed in Malay more than 100 years ago, but also communicated with each other and the church in the language, says a priest at the centre of a new “Allah” row in Malaysia.

Catholic weekly Herald editor Father Lawrence Andrew said the 1905 publication was a Malay language prayer book and not Indonesian.

"From the spelling of the words, you would see it is old Malay. And you can find the modern translation of the old Malay used in the scripture in the Alkitab," he told The Malaysian Insider.

His church and other Catholic churches in Selangor managed to avoid disruption to their Sunday services when planned protests by certain Muslim non-governmental organisations were called off over their use of the word “Allah” in the Bahasa Malaysia services.

Andrew said the prayer book quoted the First Letter of Peter, one of the verses in old Malay read:

“Rendahkanlah diri mu dibawah tangan berkuasa Allah itu, sopaia dia angkatkanlah kamu di waktu katemuannha."

In the Akitab, the verse read: “Oleh itu, rendahkanlah diri kamu ke bawah tangan Allah yang berkuasa, supaya Dia meninggikan kamu pada masa yang ditetapkan-Nya.”

The priest reiterated it was particularly important for Malay-speaking Christians to be able to pray in Malay, especially for those from Sabah and Sarawak who were living in the peninsula.

"There seems to be a general misconception that the use of the word is a new trend in the Christian faith, but that is not true. It has been used for hundreds of years.

"And this prayer book is just one example that Catholics in Malaya were praying in Malay before the British came and English was widely used, alongside Malay by the East Malaysians," Andrew said.

He said the Malay prayer book was mailed to him by the daughter of its owner not long ago.

In a hand-written note that came with the prayer book titled "Kabaktian Sahari-harian" (Daily Prayer), the sender wrote: "This book belonged to Mary De Silva who was a boarder in the convent at St Anne's church, Bukit Mertajam, around the year 1919, where this book was used. Now the book belongs to her daughter Lily De Silva who lives with her son in Penang".

Putrajaya won its case last October against the Herald at the Court of Appeal, which overturned a 2009 High Court ruling that Herald has the constitutional right to use the word “Allah”.

The church is appealing against the decision at the Federal Court.

Despite the court process, tensions have risen in the past few weeks over the church's use of the word “Allah” in its Bahasa Malaysia service, leading to the prospect of demonstrations outside churches.

It is Father Lawrence Andrew (second from left) and Archbishop Emeritus Tan Sri Murphy Pakiam (third from left) at their meeting with Selangor police chief Datuk Mohd Shukri Dahlan yesterday. – The Malaysian Inisder pic, January 7, 2014.understood more than 80 police reports have been lodged against Andrew over his remark that the word “Allah” would continue to be used in Catholic churches in Selangor.

His comments came following a statement from the new director of the Selangor Islamic Affairs Department (Jais), Ahmad Zaharin Mohd Saad, who had said that the state religious authorities would write to churches in Selangor asking them to comply with the Selangor Non-Islamic Religions (Control of Propagation among Muslims) Enactment 1988.

Andrew’s comments resulted in several Muslim groups and Selangor Umno threatening to protest in front of churches in the state on Sunday but the protests were called off at the last minute.

But not before a group of protesters burned an effigy of Andrew on Friday.

Still, the priest in his Sunday sermon, called on his congregation not to fear and to remain faithful to God.

Andrew is to meet Selangor executive councillor in charge of religion, Sallehen Mukhyi, and later he will have his statement recorded by Selangor police.

Yesterday, he accompanied Archbishop Emeritus Tan Sri Murphy Pakiam for a meeting with the Selangor police chief Datuk Mohd Shukri Dahlan over the recent religious conflict involving the Catholic church and several Muslim groups. Today, Andrew will have his statement recorded. – January 7, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/priest-reveals-proof-christians-used-allah-before-merdeka

Nothing to fear as God is with us, says priest at centre of new ‘Allah’ row

BY JENNIFER GOMEZ
JANUARY 05, 2014

Father Andrew greeting church-goers in Port Klang, Selangor, this morning. - The Malaysian Insider pic, January 5, 2014.The beautiful white church in Port Klang was small, but parishioners filled all the pews for the first Sunday worship of 2014 to hear Reverend Father Lawrence Andrew celebrate the morning mass.

With Christmas decorations of red and green still adorning the church, including a replica of the manger where Jesus Christ was born still sitting at a corner, the Catholic weekly Herald editor told his flock to disregard any fear over recent incidents affecting Christians in Malaysia.

"In the news portals they are asking where is the prime minister, but in our churches we know that God is here with us," he said in his sermon to the parishioners, who include those from Sabah and Sarawak.

Christians must keep calm in facing the challenges ahead, added the priest at the centre of the latest row over the word Allah, which Malaysia insists is exclusive to Muslims although it is used mainly by Christians in Sabah and Sarawak.

Last October, Putrajaya won its case against the Herald at the Court of Appeal, after it overturned a 2009 High Court ruling that the Herald has the constitutional right to use the word Allah.

The Our Lady of Lourdes church in Klang, where a Muslim group planned a gathering to protest the use of the word 'Allah' in churches. - The Malaysian Insider pic by Afif Abd Halim, January 5, 2014.The Selangor Islamic Religious Department (Jais) said last week it would remind the churches not to use Allah as spelt out by a state law and a recent royal decree, but Father Andrew had said the Islamic authorities had no jurisdiction over them.

This sparked protests, and hundreds of police reports were filed against the priest, leading to Jais raiding the Bible Society of Malaysia (BSM) last Thursday, and seizing 320 copies of Malay and Iban-language Bibles containing the word Allah.

Several conservative Malay and Muslim groups also threatened to protest outside churches in Selangor but police persuaded them to demonstrate elsewhere while tightening security around the churches.

Today, Father Andrew also thanked parishioners for getting together and guarding the church over the last two nights.

Before and after mass, many parishioners went up to him and held his hands in theirs, offering him words of support and encouragement.

One lady, who said she was from rights group Suaram, quietly walked up to him, clasped his hands in hers and said: "You have our support, Father".

More than the usual number of Catholic lawyers also attended the Sunday mass at the church today as a show of support and also to be at hand if any untoward incidents took place.

One of them was KL Catholic Lawyers Society president Viola Decruz, who had gone to the church of Our Lady of Lourdes before coming to the church in Port Klang.

"It was good to see Muslims there at Our Lady of Lourdes church who did not come to protest but who came to support the church's stand on freedom to be able to practise one's religion," Decruz said.

Another lawyer, Ramesh Supramaniam, said he came to defuse the situation in case protestors turned up.

Klang MP Charles Santiago, who came to hear Father Andrew say mass, said when he was at the Our Lady of Lourdes church earlier in the morning, a Muslim wearing a songkok walked up to him and told him, "Please tell your priest we are here to support him".

Santiago urged Prime Minister Datuk Seri Najib Razak to censure Selangor Umno chief Datuk Seri Noh Omar over his statements on the issue.

"He should stop threatening the peace and security in the country. We know that Umno is doing this for its survival but as PM of all people, he should take stern action against Noh Omar," he added.

He also lambasted the burning of Father Andrew's effigy by protesters several days ago.

"The Prime Minister must speak up on this issue or risk being labelled an extremist as well," Santiago said.

A parishioner, Vanitha, 41, said she was pained to see Father Andrew's effigy being burned.

"We are so hurt but we are not going to react because of our faith in God.

"Those people who did it are answerable to God," she said, looking downcast.

The very people the 'Allah' issue was centred on, the Bahasa Malaysia speaking community in peninsular Malaysia, also expressed sadness over the current goings-on affecting their faith.

"How can it come to this. Go to the interiors of Sarawak, we all call God, Allah. We are the same people from those interiors who are here now working in small jobs as factory operators.

"All we want to do is to earn a decent living and pray in our language. Why are people denying us that basic right," said one mother holding a newborn baby in her arms after attending Father Andrew's mass.

Her friend added, "Will they now come to our homes and threaten us like criminals because we use the Alkitab?" she asked, referring to the Malay translation of the Bible.

"Is this the 1Malaysia they are talking about, denying us our right to pray in our own language?" said the woman of Iban origin.

As parishioners left the church compound after Sunday school ended peacefully, it was not quite over yet for the church, in particular for Father Andrew.

On Tuesday, he is scheduled to meet Selangor state councillor in charge of Islamic affairs, Sallehin Mukhyi.

But he will not be alone. Santiago and Sri Andalas assemblyman Dr Xavier Jeyakumar, who was also in church today, told Father Andrew they would accompany him for the meeting. - January 5, 2014.

Source: http://www.themalaysianinsider.com/malaysia/article/nothing-to-fear-as-god-is-with-us-says-priest-at-centre-of-new-allah-row

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

What did OIC members tell Malaysia at the UNPR?

NOVEMBER 16, 2013
By Rama Ramanathan

Those who love to hate Islam won’t like the outcome of last month’s United Nations Periodic Review (UNPR) because of the concern about human rights expressed by many nations which are members of the Organization of Islamic Cooperation (OIC).

I wrote the last sentence after studying a UN report which lists recommendations given to Malaysia by UN member nations about how we can improve our position in the global ranking of Human Rights. In case you’re unaware, we came out pretty badly.

I’ve chosen to write about recommendations from Muslim majority nations because the image of Malay-Muslims, has taken a beating in recent days due to the Malaysian Court of Appeal denying Christians (in October) the right to continue calling God Allah and also because some Malaysian groups have been misleading Malaysians about the outcome of the UNPR.

The Malaysian Government sent 36 delegates to the 2013 UNPR to represent our progress on commitments we have made over the years to the UN. The status of our conformance and the sincerity in uplifting our conformance with universal agreements on Human Rights will make a huge impact upon investment in our nation and in our global status. We cannot deny that as a nation we have, for many years, funded local and international efforts to move us closer to our goals.

The Malaysian government delegation took pains to ‘explain’ the Allah Judgment. It needed to be explained because the conclusions of the court – and Malaysia’s official Islamic authorities – were considered laughable not only by secular nations, but also by Muslim-majority nations worldwide. For Muslims around the world, Malaysia’s arguments sound as strange as the last century’s claims of racial superiority by white South Africans.

I won’t discuss the differences between the UN and the OIC. Suffice to say that in 1990, the OIC – which now has 57 members – produced the Cairo “Declaration on Human Rights in Islam” as the next level up from the UN Declaration on Human Rights. We will not be far of the mark if we think of the UNPR as a stepping stone to compliance with the Cairo declaration.

So, what did these Muslim-dominated countries have to say to Malaysia about Human Rights?

First, let’s note the names of the 35 OIC nations who gave us recommendations and the number of recommendations from each nation:

Afghanistan (2); Albania (3); Algeria (2); Azerbaijan (3); Bahrain (3); Bangladesh (2); Benin (2); Brunei Darussalam (2); Chad (1); Djibouti (2); Egypt (3); Indonesia (2); Islamic Republic of Iran (4); Kazakhstan (3); Kuwait (2); Kyrgystan (1); Lebanon (2); Maldives (3); Mauritania (2); Morocco (x1); Mozambique (2); Nigeria (1); Oman (1); Pakistan (2); Qatar (2); Saudi Arabia (2); Senegal (2); Sierra Leone (4); State of Palestine (2); Sudan (2); Tunisia (2); Turkey (4); Turkmenistan (2); Uzbekistan (3) and Yemen (1).

In summary, 35 OIC member nations provided Malaysia with 77 recommendations. This compares with an overall total of 104 UN member nations and 249 recommendations.

Therefore, in percentage terms, 34% of the nations which provided Malaysia with recommendations are members of the OIC; these nations contributed 31% of all recommendations.

Note: Although there are 232 paragraphs in the section of the report which is titled Recommendations/Conclusions, there are actually 249 recommendations. This is because some of the paragraphs contain multiple recommendations.

What did the member countries of the Organization for Islamic Cooperation tell Malaysia? In my analysis I created categories for the subjects they spoke about. Here’s the breakdown:

Children’s rights (3); education (4); education (4); treatment of foreigners (5); freedom of expression (1); gender discrimination (7); general (6); healthcare (10); income inequality and poverty (4); international agreements (20); persons with disabilities (1); police, courts and punishment (2); respect and tolerance (3); trafficking in persons (9).

I have presented the breakdown in alphabetical order to stress that everything in the list is important and interconnected, i.e. the fact that freedom of expression occurs once while international agreements occurs twenty times does not entitle us to conclude that the second is twenty times more important than the first.

Due to space constraints, I will restrict my discussion to 6 categories. I have selected them because of the clear way in which they reveal the human rights aspirations of Muslim-majority nations:

1. Gender discrimination (7). This category is mainly about women’s rights. The recommendations include assuring equal opportunities for men and women, safeguarding women’s rights and enforcing laws on violence against women. The OIC nations said nothing about Lesbians, Gays, Bisexuals, Transexuals and Gays (LGBT).

2. Treatment of foreigners (5). Not surprisingly the recommendations came from Bangladesh and Indonesia, 2 countries which supply Malaysia with the vast majority of our guest workers. (We are the Asian nation with the largest number of guest workers). Bangladesh urges us to monitor our recruitment agencies and urges us to give guest workers the protection of the law. Indonesia asks us to treat our guest workers more humanely.

3. Freedom of expression (x1). Indonesia – a region in which some islands are predominantly non-Muslim, e.g. Bali and Timor – tells us we need to be more tolerant of freedom of expression, including the right to peaceful assembly. Indonesia, like other nations, must have noticed how the Malaysian government responds to protesters (e.g. Bersih), dissenters (e.g. Namewee) and pranksters (e.g. Alvivi).

4. Trafficking in persons (9). The recommendations in this category were submitted Algeria, Djibouti, Egypt, Iran, Kazakhstan, Mozambique, Senegal and the UAE. The world recognizes Malaysia as a major hub in the trafficking of persons.  Perhaps the OIC nations are diplomatically telling Malaysian NGO’s to get off their efforts to imprison words and instead work to liberate exploited and needy women and children.

5. International agreements (20). The operative words in this category of recommendations are “sign, ratify, accede, join, implement, and legislate.” There are essentially two sub-topics:

a. Suhakam

6 recommendations I put in this category can be sub-titled “implement Suhakam’s proposals.” Azerbaijan, Kazakhstan, S. Arabia, Turkey, Uzbekistan and Yemen speak for all nations who see through the mere lip-service given to Suhakam whose annual reports aren’t even debated in Parliament. These nations are pleading for once moderate Malaysia to show how to move from rhetoric to compliance, first to the UN level, then to the Cairo level.

b. UN Conventions

Many OIC member nations know we will ask for their support for us to gain a seat on the UN Security Council in 2015. They are telling us now that they will find it hard to support us if we don’t at least develop, implement and monitor a plan with dates for signing and implementing 6 of the 9 core UN conventions which concern race, torture, refugees, foreign workers, Orang Asli, etc. They are also telling us we can’t expect to indefinitely defer visits of UN rapporteurs.

6. Healthcare (10). Healthcare is mentioned in 10 recommendations. This probably shows the effectiveness of the UN in raising awareness of healthcare opportunities worldwide as much as it shows Muslim concerns about uniform access to healthcare.  It’s worth noting that only of the 10 recommendations mentions HIV/AIDS and that one recommendation (by Sierra Leone) warns that acceding to the TPPA may make medicines more expensive.

Overall, the OIC nations have demonstrated they took the UNPR process seriously and have shown deep concern about human rights. They recognize that we must have established covenants to appeal to when we protest injustice, whether in Gaza, Abu Ghraib or Afghanistan. They are rightly and especially embarrassed that Malaysia has set no date to sign the UN Convention on Torture.

More importantly for Malaysia, the recommendations offered by OIC member nations indicate (1) Malaysia’s reputation as a model for other Muslim-majority nations is in tatters; (2) Muslims worldwide have nowhere else to look for ‘tolerant Islam;’ (3) our reputation and leadership can be restored if we move from rhetoric to action, from delegations that talk to institutions that change. – write2rest.blogspot.com, November 16, 2013.

* The writer reads The Malaysian Insider.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

Source: http://www.themalaysianinsider.com/sideviews/article/what-did-oic-members-tell-malaysia-at-the-unpr-rama-ramanathan