Decision is wider than Allah ban in Herald - Jagir Singh

One of the lawyers for Selangor Religious Department (Haniff Khatri Abdullah) is reported to have said that the Court fo Appeal decision only bans the use of the word Allah in the Catholic weekly, Herald.

Similarly, the Attorney-General has stated the decision means the Home Minister can ban words which are prejudicial or likely to be prejudicial to National Security.

A reading of the reasoning in the court’s judgment shows that the decision of the court has wide implications.

Mohamad Apandi Ali, JCA had stated (to which the other 2 judges concurred):

“... purpose and intention of the insertion of the words ‘in peace and harmony’ in Article 3 (1) is to protect the sanctity of Islam as the religion of the country and also to insulate against any threat faced or any possible and probable threat to the religion of Islam. That the possible threat to Islam in the context of this country, is the propagation of the other religions to the followers of Islam.”

The country's decision is worrisome on the ground:

i) The Home Minister has been given absolute power in the matter and the Court will not question or review his decision.

In Herald’s case, no evidence was adduced at all to show whether the publication was for distribution or to be used for propagation against Muslims. In fact evidence produced showed publication only meant for Christians.

The court’s refusal to see whether the exercise of the power by the minister was fair or just, means the minister has free hand in regulating other religions.

ii) Article 3 (1) has been interpreted by the court to mean that the words "peace and harmony" in Article 3 is to protect Islam.

The Bar Council had stated in a statement earlier that "the words in their clear and ordinary meaning provide for the right of other religions to be practiced unmolested and free of threats".

Professor Dr Abdul Aziz Bari had also echoed similar sentiment. The plain meaning of Article 3 (1) is simply this: that despite the fact that Islam has been official religion, non-Muslims may go on practising their religions freely without restriction.

The Alliance Memorandum submitted to the Reid Commission supports the above interpretation of the Bar Council when it stated:

“The religion of Malaya shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practicing their own religion and shall not imply that the state is not a secular state.”

The White Paper issued by the British government in June 1957, also contained similar provisions.

The danger is that the Home Minister may regulate fundamental liberties, including freedom of religion, on the basis that some people will be confused or it is contrary to public order and the court will sit idly by and not enquire into its legality, fairness or justice. - MCCBCHST, October 21, 2013.

* Jagir Singh is President of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).