Mais has no legal basis to hold on to Bibles, say lawyers

The Islamic religious authorities in Selangor have no legal basis to hold on to the 321 Bibles seized from the Bible Society of Malaysia (BSM) six months ago, following the Attorney-General's decision to close the case, lawyers said today.

They said that the decision to prosecute lies solely with the AG, who has decided that the state Islamic Religious Department (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.

"The Bibles were seized for the purpose of investigation. The moment the AG decides not to prosecute, it means no wrong has been committed," said lawyer and Puchong MP Gobind Singh Deo (pic).

"The question here is whether Jais has any legal basis to hold on the Bibles. The answer is a clear 'no' as there is no more investigation pending,” he said in response to Mais' statement earlier today that the Bibles should not be returned and action be taken against BSM for distributing them.

Mais chairman Datuk Mohamad Adzib Mohd Isa said they believed there was a case against the society under the Non-Islamic Religion (Selangor) Enactment 1988, 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.

Gobind took the state religious authorities to task over its stance, saying they could say whatever they liked but it had no legal standing.

"The AG and the Selangor Menteri Besar must put their foot down and order Jais to return the Bibles to BSM," he added.

Another lawyer, PKR vice-president N. Surendran, concurred, hitting out at the religious authorities for its "illegal" and "unlawful" move to hold on to the Bibles despite the AG’s statement that cleared BSM of any wrongdoing.

"It is a lawless action. It is an unprecedented move for a government agency to blatantly disregard the directive of the AG," Surendran 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.

To this, Surendran said Section 407A could only be used if there was prosecution.

"So in this case, it is irrelevant. He (Mohamad Adzib) does not know the law. It has nothing to do with this situation," the Padang Serai MP said.

On Wednesday, AG Tan Sri Abdul Gani Patail said BSM will not be prosecuted over the distribution of the AlKitab.

"On the issue of the seized Bibles, I expect Jais to do the necessary according to the law," Gani said.

The following day, Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim also told Jais to return the seized AlKitab and Bup Kudus to BSM.

Lawyers for Liberty executive director Eric Paulsen said Mais' defiance of the AG's decision showed that the religious authorities had an "improper" agenda behind the seizure of the Bibles.

"The conduct of Jais and Mais seems to lend further credence to what many parties have been saying, that Islamic authorities are free to act on their own including acting rashly and provoking inter-religious concern.

"They don't seem to be accountable to anyone including the state government and now the AG," he told The Malaysian Insider.

Jais seized the Bibles in a raid at the BSM offices in Damansara Kim, Petaling Jaya on January 2, citing the Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988 which aims to control and restrict the dissemination of non-Islamic religious doctrines and beliefs among persons professing the Islamic religion.

- TMI