Jais, Mais jurisdiction over other religions disturbing, says Bar Council

©The Malaysian Insider (Used by permission)
by ELIZABETH ZACHARIAH

It is alarming that an Islamic body appears to have jurisdiction or purview over other religions and their property, the Bar Council said today, in a swipe at the Selangor Islamic Religious Council (Mais) over their refusal to return the 321 Bibles seized from the Bible Society of Malaysia (BSM) earlier this year.

Bar Council president Christopher Leong said this was not what is stated in the Federal Constitution, adding that it supported Attorney-General Tan Sri Abdul Gani Patail's decision not to prosecute BSM over claims that the society was going to use the holy books to propagate Christianity to Muslims.

"In the first place, it is alarming that the religious body or enforcement agency of one religion would purport to have jurisdiction or purview over other religions, non-Muslims and property belonging to non-Muslims," Leong said in a statement today.

"This is not what is envisaged under the Federal Constitution."

Joining the chorus in urging Mais and the Selangor Islamic Religious Department (Jais) to return the Bibles to BSM, Leong said the Bar was concerned with the religious authorities' refusal to comply with the A-G's request.

"The A-G stated that after due investigation, he has determined that the Bibles are not publications in breach of section 9(1)(a) of the said Selangor Enactment and has also taken into account the explanation by the Home Ministry that the Bibles do not involve issues of national security," Leong added.

"In such instance, Mais and Jais should abide by the determination and decision of the Attorney-General."

Gani had decided last week that Jais had erred in seizing the Bibles and that the copies of the AlKitab (Bahasa Malaysia Bible) and Bup Kudus (Iban Bible) were not a threat to national security.

Jais had confiscated the Bibles in a raid at the BSM offices in Damansara Kim on January 2 under the Non-Islamic Religion (Selangor) Enactment 1988, as the word Allah, banned among non-Muslims in Selangor, was used in the Holy Books.

However, Leong pointed out that the stipulated section in the enactment would be valid only if it was proved that the Bibles were to be used to convert Muslims.

Following the A-G's decision, Mais chairman Datuk Mohamad Adzib Mohd Isa said they believed there was a case against the society under the enactment, adding that it did not agree with Gani's decision to close the case.

“The reason given by the Attorney-General in not prosecuting those involved will cause confusion among the Muslims.

"We are very concerned over any attempt to tarnish the sanctity of Islam by misusing Quranic terms or names, a move we believe could be used for proselytisation,” he said.

Mais said it has also urged state legal adviser Datuk Nik Suhaimi Nik Sulaiman to get a court order for the disposal of the seized Bibles as provided for under Section 407A of the Criminal Procedure Code.

Leong said Mais' insistence that it has grounds to prosecute BSM is "wholly misconceived and without legal basis", adding that it has no grounds to keep holding on to the Bibles.

"Furthermore, Section 407 of the Criminal Procedure Code only applies if there is a pending trial, and Section 407A when a criminal charge has been framed.

"Therefore, there is no basis or foundation for any application under section 407 or section 407A," he added.