S'wak DCM tells Umno, PAS not to interfere with 'Allah' ruling

Sarawak Deputy Chief Minister James Masing chastised Umno and PAS over their call for the government to appeal a court ruling on the use of the word "Allah".

This is after the High Court ruled that a Sarawakian Christian had the right to use the word “Allah” for religious and educational purposes.

Commenting on the call by PAS and Umno for the matter to be appealed, Masing (above) said they should not interfere in such matters.

"It is my hope that we should allow men of religion and the courts to decide on religious issues and not politicians," he told the Malay Mail.

He also described the demand by Umno and PAS as ridiculous.

Masing is a member of Sarawak's GPS coalition. GPS is allied to Umno and PAS under the Perikatan Nasional government.

Yesterday, judge Nor Bee Ariffin ruled that the government erred in issuing the 1986 ban on the use of the word "Allah" by non-Muslims.

She said the directive has no statutory backing and is therefore illegal and irrational.

The ruling was made in a bid by Jill Ireland, a Melanau Christian who was seeking a declaration that her constitutional right to practice her religion was violated by the imposition of a restriction or ban on the import of educational materials.

The judge said there was no evidence the use of the word “Allah” by the indigenous Bahasa Malaysia-speaking Christian communities of Sabah and Sarawak for over 400 years has ever threatened public order.

This decision, though is distinguishable, does not contradict a previous precedent set by the Federal Court in 2015, when it dismissed the "Allah" appeal by the Roman Catholic Church.

Ireland's lawyer said this was because the earlier case involved a challenge to a state enactment, while the present one does not involve such a challenge.

Meanwhile, Sabah's Upko said the High Court ruling was a legal and constitutional issue and not about racial or religious sensitivities.

Likewise, they hoped the Umno-PAS Muafakat Nasional alliance would also urge an appeal based on legal merit.

"We hope that the statement made by MN in urging the federal government to appeal the decision is based on legal grounds and not based on playing to the sentiments of a certain race and religion to score political points or to strengthen the MN alliance," they said in a statement.

The statement was signed by Upko president Wilfred Madius Tangau, deputy president Donald Mojuntin, and vice-president Ewon Benedick.

The trio expressed concern whether the Attorney-General's Chambers would make an independent decision on whether to appeal and not because Umno and PAS are part of the federal government.

Religious freedom and rights protected

Selangau MP Baru Bian lauded the decision, saying it was consistent with what is understood to be the rights of all Malaysians under the Federal Constitution and particularly the rights of Sarawakians and Sabahans pursuant to the recommendations set out in the Inter Governmental Committee Report 1962 and the terms of the Malaysian Agreement 1963.

"The absence of a state religion was key to Sarawak's agreement to join in the formation of Malaysia in 1963, a fact which all political leaders should bear in mind.

"The learned judge recognised that the Christians of Sabah and Sarawak had been using the word 'Allah' for generations in the practice of their Christian faith, even noting the existence of Christian publications in Malay dating back to the 1600s," said Baru in a statement today.

"We note that Umno and PAS are not happy with the decision and want an appeal to be filed. Whilst we recognise the right of appeal, we would state that this matter should not be politicised as it has been from the beginning.

"With the prospect of the general elections approaching, it is perhaps not surprising that Umno and PAS would latch on to this judgment and spout their usual 'race and religion' righteous indignation in their attempts to gain popularity, but they would do well to realise that the majority of Malaysians do not approve of using race and religion in politics to divide and conquer," he added.

Baru said the High Court's decision is an affirmation that our religious freedom and rights are protected, as is our expectation and that he commended the judge on her bold wisdom.

"It must be remembered and acknowledged that the judiciary is the third arm of government and that the interpretation of law and legislation falls upon them to execute. There must not be any interference from the executive, the legislature or any other parties," he said.

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