If Sabah, Sarawak had known, would Malaysia exist now?

If the recent Court of Appeal judgment on the use of Allah had been in effect 50 years ago Sabah and Sarawak might not have joined forces to form Malaysia, mused DAP veteran Lim Kit Siang.

"What would have been the reaction of the peoples of Sabah and Sarawak to the findings of the judgment prohibiting the usage of the word 'Allah' in The Herald and that the usage of the name 'Allah' is 'not an integral part of the faith and practice of Christianity'?

"Or would history have been overturned and Malaysia, as we know it today, comprising of Peninsular Malaysia, Sabah and Sarawak not be in existence?" asked Lim in a statement today.

Lim said it was ironic that Malaysia Day's 50th anniversary had just passed, that the judgement had undermined one of the basic foundations of the federation - religious freedom.

"The first point of the 18 point Sarawak agreement and the 20 point Sabah (then North Borneo) agreement emphasised the freedom of religion that must be enjoyed by Sarawak and Sabah as minimum demands for the formation of the Federation of Malaysia."

He added that the British members of the Cobbold Commission of 1962 had recommended that Sabah and Sarawak should have specific provisions guaranteeing the freedom of religion in their state constitutions.

Meanwhile, he said Malayan members of the commission, Ghazali Shafie (left) and Wong Pow Nee, had agreed that although Islam would be the religion of the federation, it "in no way jeopardises freedom of religion in the Federation, which in effect would be secular".

The Cobbold Commission was formed at the time to to determine whether the people of Sabah and Sarawak would agree to join Malaya to form Malaysia.

Lim asked whether there would still be widespread support to join Malaysia if the Court of Appeal ruling on Monday prohibiting The Herald from using the word ‘Allah' in its Malay-language edition was the law in the 1960's.

He also mused whether the founding fathers of Malaysia, such as Tunku Abdul Rahman (right), Donald Stephens and Jugah Barieng would agree to the Home Ministry's actions against the paper on basis that it would cause "religious confusion", or recognise it as a violation against freedom of religion under Article 11 of the federal constitution.

"These questions reveal the extent the Court of Appeal judgment on the Allah case affects the constitutional rights of Malaysia but also the spirit of the founding of the Federation of Malaysia, the position of Sabah and Sarawak within the Federation of Malaysia and the rights enjoyed by the peoples of Sabah and Sarawak as spelt out in the federal constitution and as described in the Cobbold Commission Report.

"This is a time when all Malaysians must exercise great responsibility and leadership to unite Malaysians regardless of race, religion or region in greater harmony and solidarity instead of further dividing them," he said.

Despite this ruling, the cabinet has reportedly decided that Christians in Sabah and Sarawak may still use Malay-language Bibles that use the word "Allah" to mean God, in accordance to the 10-point solution.