The Kuala Lumpur High Court has set Feb 4 for mention of another dispute over the use ‘Allah', this time involving Sunday school books confiscated from Sidang Injil Borneo (SIB) Sabah.

However, according to a lawyer for SIB, the judge has suggested that an attempt be made to settle the matter out of court.

NONE The books, used to teach children, were among three boxes of Christian educational materials seized in August 2007 by a customs officer at the Low-Cost Carrier Terminal in Sepang.

A notice of detention of goods, issued under Section 102 of the Customs Act 1967, was served on SIB employee Kinambo Gaduan.

Lawyer Bobby Chew, representing SIB Sabah, said he recently received a letter from the senior assistant registrar of the court to set an appointment for both parties to meet.

Another lawyer Lim Heng Seng said the plaintiffs are in the midst of resolving the matter out of court, at the judge's behest.

"The case is at leave stage and hearing has been postponed to enable both parties to resolve the matter out of court amicably. (The court has also suggested that) the plaintiffs write a letter to the ministry," he said, when contacted.

SIB Sabah president Pastor Jerry Dusing and the SIB church had filed an affidavit against the internal security minister and the government in December 2007, at the Appellate and Special Powers Division of the KL High Court.

The plaintiffs have applied for an order for certiorari to quash the ministry's decision to refuse the importation and to withhold delivery of Sunday school books under the Printing Presses and Publications Act 1984.

In a letter to the plaintiffs on Oct 24, 2007, the ministry affirmed that the words ‘Allah' (God), ‘Kaabah' (The Sacred House), ‘Baitullah' (House of God) and ‘Solat' (prayer) are words and phrases exclusive to the religion of Islam.

As such, it said, these cannot be used in published materials of other religions save to explain concepts pertaining to Islam.

SIB Sabah also wants an order for mandamus for the purpose of directing the ministry to return the books.

‘Constitutional rights'

The church is further seeking a declaration under Article 11 and 12 of the federal constitution on the constitutional right to use‘Allah' in the Bahasa Malaysia and/or Bahasa Indonesia translations of the Holy Bible, as well as in all religious publications and materials.

Under Article 11, every person has the right to profess and practise his religion and every religious group has the right to manage its own religious affairs, to establish and maintain institutions for religious or charitable purposes.

Article 12 allows every religious group the right to establish and maintain institutions for the education of children in its own religion.

The church is seeking further relief and costs deemed fit and proper by the court.

In his affidavit, Dusing said "the Bahasa Malaysia-speaking Christian native peoples of Peninsular Malaysia, Sarawak and Sabah had always and have continuously and consistently used the word ‘Allah' for generations".

The word is used in the Bahasa Malaysia and Bahasa Indonesian translations of the Bible used throughout Malaysia, he said.

"The publications consist of Sunday school materials intended for the religious instruction of children of Bahasa Malaysia-speaking congregationists and are not for sale or distribution outside the church.

"The publications will not be made available to members of the public and in particular to persons professing the religion of Islam."

The word ‘Allah' has been used by Christians in all countries where the Arabic language is used as well as in Indonesian/Malay language without any problems and/or breach of public order and/or sensitivity to persons professing Islam in these countries, he noted.