The Federal Court today heard that the home minister has to enforce the ban on Catholic weekly The Herald in order not to bypass the powers of the rulers.

The argument was put forth by lawyer Mubashir Mansor, who was representing the Selangor, Johor, Malacca, Federal Territory and Kedah religious councils.

He said this in explaining that the home minister cannot go against the Malay rulers, as some of the states have legislation barring use of the word ‘Allah’ among non-Muslims.

“If the home minister were to do this, he would go against the rulers,” he explained.

Several states, including Selangor, have passed legislation since the 1980s concerning a list of words that cannot be used by non-Muslims and this includes the word “Allah”.

Mubashir said the problem exists as there is mistranslation of the word ‘God’ to denote Allah.

“This case is not about Islam encroaching into Christianity, but a matter of mistranslation of the text,” he added.

Senior federal counsel Suzana Atan, representing the home minister and government, told the court that the Bahasa Malaysia version of The Herald is not banned but the issue was with regard to the use of the word.

She also pointed to the subsequent events following the Kuala Lumpur High Court ruling where several places of worships, including churches, mosques and suraus, were vandalised and this showed the minister's decision was warranted.

Security surpasses rights

Senior lawyer, Sulaiman Abdullah ( left ), appearing for the Terengganu Islamic Council, told the apex court that the home minister has to ensure the security of the country.

He said such rights such as freedom of expression and others are always subject to public order and morality, which the minister has to safeguard.

“There are reported religious disturbances as a result of such conflicts if we look at the Natrah case,” he added.

The Natrah case involved a Dutch girl who was brought up by a Malay Muslim family having had to return back to Holland.

Sulaiman further submitted there was no bad intention or mala fide on the part of the home minister to impose the ban.

Another lawyer representing the Malaysian Chinese Muslim Association Hanif Khatri Abdullah said there is no evidence that the translation of the word ‘God’ is equal to Allah.

“There is no evidence before the court to show this,” he remarked, citing a Christian prayer book which refers to god as Tuhan and not Allah.

At the end of proceedings, Archbishop Emeritus Murphy Pakiam ( left ) declined to make any comments on the matter.

“There is no outcome and it is not wise for us to comment,” he said.

Bar Council president Christopher Leong said the fact that there is a seven-member bench seating shows the importance of the case.

He urged the court not to succumb to public pressure when they deliver their decision.