125 NGOs & 5 Political Party : Malaysia will not bow to acts of violence

Joint Statement of Civil Society on 9^th January 2010

Malaysia will not bow to acts of violence

We the undersigned Malaysian civil society groups from different spiritual, cultural and ideological backgrounds condemn unconditionally in the strongest possible terms the arson against at least three churches following the controversy over the use of the word Allah.

We express our solidarity with  the Metro Tabernacle Church at Desa Melawati, Church of the Assumption,  Petaling Jaya and Life Chapel, Petaling Jaya, and other churches that have received threats, and to the Malaysian Christian community at large.

Nothing warrants such deliberately provocative violent acts, amounting to terrorism, on places of worship. Such violence however must not be seen as a communal conflict of Muslims and Christians. It is as much an affront to Islam and to all religions as it is to the Christians.

While we celebrate freedom of expression, no demonstration must be carried out to intimidate others who hold different opinions.

These acts are truly a blot on the image that we promote of ourselves as a harmonious multiracial and diverse society. It is also tantamount to an attack on the cardinal principle of the Rule of Law and the institution of the Judiciary who must at all times be left to decide on a case without fear, favour or intimidation.

We denounce those who shamelessly manipulate ethno-religious sentiments for their political gains. This sad situation has escalated due in part to the irresponsible responses from the Administration which appears to be practicing double standards.

We further deeply regret that in postulating their grievances to advance their agenda, those quarters have sought to convolute the real issues touching on the constitutional right of expression and to practice one’s faith  and, with the aid of certain segments of the media, both mainstream and otherwise.

We expect the police to now pursue the culprits in the serial arson attacks with their highest diligence and professionalism. Until the criminals are brought to book, the image of the Najib Administration and his “1Malaysia” slogan will be associated with violence and terrorism. We however categorically reject the proposed use of ISA against anyone. The arson suspects must be charged and tried in open court to delegitimize their barbaric act.

We call upon all groups with different views on the issue to seek rational dialogue and reach consensus.

No issue is too sensitive for rational debate in a democratic society. The threat of violence should not be used to kill democratic debate.

We call upon all Malaysians to come together collectively:

• to condemn and denounce acts of desecration of any places of worship, now and in the future;
• to create a healthy atmosphere for the most inclusive debate, dialogue, deliberation and resolution of all issues confronting our multi ethnic, multi faith nation.

Regardless of the developments, ordinary Malaysians will stand firm as a peace-loving nation and support each other.

Endorsing Civil Society Groups 

1.                  Aliran Kesedaran Rakyat (Aliran)

2.                  All Women’s Action Society

3.                  Awal Nahdah

4.                  Bar Council of Malaysia

5.                  Borneo Research Institute Sarawak (BRIMAS)

6.                  Centre for Policy Initiatives (CPI)

7.                  Centre of Education. Research and Development (CEDAR)

8.                  Child Development Initiative

9.                  Civil Rights Committee, Kuala Lumpur Selangor Chinese Assembly Hall (CRC KLSCAH)

10.             Civil Society Committee of LLG Cultural Development Centre Bhd (LLGCSC)

11.             Civil Society Initiative for Parliamentary Reform (CSI@Parliament)

12.             Community Action Network (CAN)

13.             Council of Churches of Malaysia (CCM)

14.             Council of Churches of Malaysia Youth (CCM Youth)

15.             Durham Malaysian Scholars

16.             Editorial Board of Horizon E-journal

17.             Education and Research Association of Consumer, Malaysia (ERA Consumer)

18.             Educational, Welfare and Research Foundation Malaysia

19.             Federation of Hopo Associations Malaysia

20.             Federation of Indian Non-Governmental Organisations

21.             Free Public Forum (FPF)

22.             Friends in Conversation (FIC)

23.             Frin Jan

24.             Gabungan Pertubuhan-pertubuhan Masyarakat India Selangor

25.             Good Shepherd Sisters

26.             Group of Concerned Citizens (GCC)

27.             Hartal Mainstream Media (Hartal MSM)

28.             Hindu Rights Action Force (Hindraf)

29.             Indian Malaysian Active Generation (IMAGE)

30.             Institut Kajian Dasar (IKD)

31.             Institute for Development of Alternative Living (IDEAL)

32.             Islamic Renaissance Front (IRF)

33.             Jamaah Islah Malaysia (JIM)

34.             Jaringan Kampung Orang Asli Perak (JKOAP)

35.             Jaringan Orang Asal SeMalaysia Sarawak (JOAS)

36.             Jaringan Rakyat Tertindas (JERIT)

37.             Johor Tamizhar Sangam

38.             Justice Peace & Solidarity In Mission Office,

39.             Kesatuan Mahasiswa Indipenden (KAMI)

40.             Klang Consumer Association

41.             Kuala Lumpur and Selangor Hopo Association

42.             Kuala Lumpur Hindu Youth Organisation (KLHYO)

43.             Kuala Lumpur Indian Entrepreneurs and Professionals

44.             Kuen Cheng Alumni Kuala Lumpur

45.             Majlis Kelab Bell Belia Tamil Malaysia

46.             Malaysia Hindu Dharma Mamandram

47.             Malaysia Indian Progressive Educational Society

48.             Malaysia Lekshmi Pooja Meditation Society

49.             Malaysia Tamil Artiste Association

50.             Malaysia Tamil Neri Kalagam

51.             Malaysia Thanavasiya Association

52.             Malaysian AIDS Council 

53.             Malaysian Archagar Sangam

54.             Malaysian Associated Indian Chambers of Commerce and Industry

55.             Malaysian Association of Indian University Graduates

56.             Malaysian Ceylon Saivites Association

57.             Malaysian Consultative Council for Buddhism Christianity Hinduism Sikhism and Taoism (MCCBCHST)

58.             Malaysian Dravidian Association

59.             Malaysian Hindu Youth Council

60.             Malaysian Indian Business Association

61.             Malaysian Indian Development & Unity Association

62.             Malaysian Indian Development Association

63.             Malaysian Indian Entrepreneurs and Professionals

64.             Malaysian Indian Historical Association

65.             Malaysian Indian Youth Development Foundation

66.             Malaysian Tamil Forum

67.             Middle Eastern Graduate Society

68.             Monitoring Sustainability of Globalisation (MSN)

69.             Muslim Professionals Forum (MPF)

70.             myFuture Foundation

71.             National Institute for Electoral Integrity (NIEI)

72.             New Millennium Indian Business Association of Malaysia

73.             Nur Damai

74.             Oriental Hearts and Minds Institute (OHMSI)

75.             Penang Du Zhong Education Society

76.             Penang Indian Entrepreneurs and Professionals

77.             Penggerak Belia MPSJ Zon 23

78.             Persahabatan Semparuthi

79.             Persatuan Alumni PBTUSM Selangor

80.             Persatuan Aruloli Mandram, Malaysia

81.             Persatuan Kebajikan Dan Sosial Kamakshi Wilayah Utara

82.             Persatuan Kebajikan MGR

83.             Persatuan Kebajikan Namakkal Malaysia

84.             Persatuan Kesedaran Komuniti Selangor (Empower)

85.             Persatuan Mahasiswa Islam Universiti Malaya (PMIUM)

86.             Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

87.             Persatuan Meditasi Malaysia (Dhyana Ashram)

88.             Persatuan Meditasi Projan Kuala Lumpur and Selangor

89.             Persatuan Penduduk Taman Muhibbah

90.             Persatuan Pergabung Tamil Malaysia

91.             Persatuan Silambam Malaysia

92.             Pertubuhan Kesedaran Hare Krishna Klang

93.             Pusat KOMAS

94.             Research for Social Advancement (REFSA)

95.             Robson Hill Study Group

96.             Saiva Siddhanta Mandram Malaysia

97.             Sarawak Central Region Friendship Association

98.             Sarawak Dayak Iban Association (SADIA)

99.             Sarawak Native Land Rights Owners (TAHABAS)

100.         Sarawak Women for Women Society

101.         Sarawakians Access (SACCESS);

102.         Saya Anak Bangsa Malaysia

103.         Selangor and Kuala Lumpur Kwang Tung Association

104.         Selangor Indian Entrepreneurs and Professionals

105.         Sisters In Islam (SIS)

106.         Southeast Asian Centre for e-Media (SEACEM)

107.         SPNS, Bidor

108.         Suara Rakyat Malaysia (SUARAM)

109.         Sundararaja Perumal Devasthanam Klang

110.         Tamilar Sangam, Teluk Intan

111.         TENAGANITA

112.         The Micah Mandate (TMM)

113.         Thiruvalluvar Nanneri Mayam Cameron Highlands

114.         Thiruvarul Thavaneri Mandram Malaysia

115.         Universiti Terbuka Perak (Ureka)

116.         Wanita Desa Sarawak (WADESA)

117.         Women’s Aid Organisation (WAO)

118.         World Tamil Federation – Malaysian Chapter

119.         Writer Alliance for Media Independence (WAMI)

120.         Yayasan Penyelidikan dan Pembangunan Pendidikan Tamil Malaysia (Tamil Foundation)

121.         Youth for Change (Y4C)

122.         Youth Section of Melaka Chinese Assembly Hall

123.         Youth Section of Negeri Sembilan Chinese Assembly Hall

124.         Youth Section of Persatuan Wui Leng Selangor dan Kuala Lumpur

125.         Youth Section of Selangor and Kuala Lumpur Chinese Assembly Hall

Endorsing Political Parties

1.      Democratic Action Party  (DAP)

2.      Human Rights Party (HRP)

3.      Parti Islam Se-Malaysia  (PAS)

4.      Parti Keadilan Rakyat (PKR)

5.      Parti Sosialis Malaysia  (PSM)

Finally an endorsement by the government of peoples' right peaceful assembly, protests, etc..

Finally, we have the Malaysian government endorsing the right of people to protest... the freedom of expression, the freedom to protest, the freedom to publicly demonstrate...

Let us hope that this freedom is not only when the protest is in support of a position that the UMNO-led BN government endorses...

Muslim groups are free to protest and express their views about the "Allah" issue as long as it does not spill over into something more serious, said Prime Minister Datuk Seri Najib Tun Razak.

"The authorities are prepared to face any situation.

"We hope the protests will not spill over. Better still if the protest is minimal," Najib said after opening the first 1Malaysia Clinic here Thursday.

Najib added that the authorities could not stop groups from gathering at mosques and protesting there.

"As long as it doesn't spill over into something serious, they can still express their views," he said. - Star, 7/1/2010, PM: Don't let protest spill over

And, at the same time PKR, vide the Menteri Besar of Selangor, seems to be against public protest. He says it is only OK if it it is done in an enclosed area like the Stadium. In fact, he goes on to say that he is in agreement with the police. See that Malaysiakini video. Khalid says that he is against 'street protest' ... but 'he and I(Ketua Polis Negeri) accept the fact that if you want to protest you can protest inside the stadium... 

We who fight for freedom of expression, freedom of peaceful assembly, freedom of public protest must be consistent. We cannot be claiming this right on one hand, and denying this right depending on who is doing the protest...and the subject matter of the said protest.

Pakatan Rakyat has been shown to have these double standards. An example when it came to a protest in front of the Penang State Legislative Assembly not too long ago.

So, there are some persons who may be protesting against the High Court decision in the 'Allah' case, and our response should be that this is their right, and that they must be free to have this demonstration....There should be no 'buts'... and we, who are for this freedom and right should not now be calling the police to crack down on these protesters if it is peaceful.

On that 'Allah' issue, it saddens me that Anwar Ibrahim and PKR is not really taking a clear issue. The President of PAS has made a statement taking a clear position but not Anwar Ibrahim (being the head of the PKR) or the President of PKR. PKR's statement is made by some head of some committee. Anwar tells the press the PKR's stand - but really an official written statement  signed by him (or the President) would be best.

Anwar meanwhile echoed PKR's stand on the issue by saying that it was acceptable for Christians to use the term "Allah".

"Islamic tenets do not forbid the use of the term 'Allah' for other religions.

"Also, there is clear understanding among religious scholars and ulamas such as Wahbah Zuhaili, Sheikh Taha Jabir and Yusof Qardawi on this," he said. - Malaysiakini, 7/1/2010, Anwar tells supporters not to join protests

And now, we see Anwar saying that he discourages...but still you can go join that protest. Anwar, state clearly PKR's and Pakatan's official position, i.e. either you are for or you are against.

Opposition Leader Anwar Ibrahim today discouraged Pakatan Rakyat supporters from joining in the protests organised for tomorrow against a court decision that allowed a Catholic publication to use the term "Allah".

He said that while he will not stop Pakatan supporters, he nevertheless advised them to stay away. - Malaysiakini, 7/1/2010, Anwar tells supporters not to join protests

Magnimously consented to AG's request... that 'Allah' issue case.

The government of Malaysia filed an application for a stay apparently yesterday, and the matter was fixed for a hearing today. In Malaysia, the other side rightfully has up to 14 days to file in an Afidavit in Reply before the hearing can proceed. So, what would have happened today would have been rightfully an adjournment so that the Affidavit in Reply could be filed, and then a hearing date set for the hearing of the stay application.

What happened was that the Attorney General turned up personally (very odd), and there was a discussion. On the AG's request, the lawyers for the Catholic Church agreed magnanimously to a stay of the effect of the order pending appeal. This was informed to the court. It would thus be a 'without prejudice' order by consent...

"We have asked and the lawyers representing the Catholic church have agreed to the stay, out of national interest," said Gani Patail.

Fernandez agreed that the church has consented to the AG's request.- Malaysiakini, 6/1/2009, 'Allah' issue: Home Ministry gets stay order

Hence, that was no hearing of the stay application on the merits, and there certainly was no judgment after the hearing.

But, I worry that some will not understand really what happened...and take it wrongly as being a victory for the Government, and a defeat for the Catholic Church. Magnanimity should never be construed as 'surrender' or 'defeat'.

Malaysiakini's title is also misleading - it should have been something like 'Parties Consent to Stay Order', ...The article could have been better written...

Anyway, let us see how the mainstream media reports this. Will they report the truth as it is? Or will their report convey the wrong impression..?

Will the magnanimity of the Catholic Church be appreciated, and the result in an end...or a moderation of the protest by certain quarters....Or will this act of magnanimity be wasted exercise?

Courts decide according to law...and legal principles - not because of public pressure or government directives/policy...or other external factors. We shall see how the Court of Appeal deals with this appeal..

The Kuala Lumpur High Court today granted a stay in favour of the Home Ministry to stop Catholic weekly magazine Herald, from using the word 'Allah' pending an appeal.

Lawyers acting for the magazine did not object to the application, citing the ground of national interest.

The application was heard in chambers by High Court judge Lau Bee Lan. Attorney-general Abdul Gani Patail (right) appeared in person for the ministry while Derek Fernandez and Benjamin Dawson appeared for Herald.

"We have asked and the lawyers representing the Catholic church have agreed to the stay, out of national interest," said Gani Patail.

Fernandez agreed that the church has consented to the AG's request.

However, he said the public should now refrain from commenting further on the decision.

"We (Roman Catholics) are a peace-loving people and (bad) comments are unwarranted," he said.
"We want the AG to take action against those individuals who have made such irresponsible statements."
Controversial court decision
Also present at the hearing was Herald editor Father Lawrence Andrew who met with Abdul Gani in the witness room before the application was heard.

On Dec 31, Lau ruled that pursuant to Articles 11 and 12 of the federal constitution, Herald had the constitutional right to use the word in respect of instruction and education of the congregation in the Christian religion.

She also said that, pursuant to Article11(4) of the federal constitution, it is an offence for non-Muslims to use the word 'Allah' to Muslims to propagate the religion but it is not an offence for non-Muslims to use the word to non-Muslims for the purpose of religion.

On Monday, the Home Ministry lodged an appeal at the Court of Appeal against the decision. Yesterday the ministry filed the application for the stay.

The court decision has led to angry reactions from Muslims, who feel that 'Allah' is exclusive to Islam.

Application to intervene rejected

In chambers today, Justice Lau rejected a joint application by six state Islamic bodies and the Malaysian Chinese Muslim Association to submit in the Home Ministry's stay application.

Lau ruled that the seven parties could not intervene in the ministry's application.
During the trial proper, Lau had rejected the application by the same seven parties to be included as interveners.

The six religious councils are from Federal Territory, Selangor, Kedah, Terengganu, Malacca and Johor.

The six councils and the Malaysian Chinese Muslim Association had also filed an appeal against Lau's decision to dismiss them as interveners as well as against her decision in favour of Herald.- Malaysiakini, 6/1/2009, 'Allah' issue: Home Ministry gets stay order

The Star Report -

The High Court granted the Home Ministry a stay of execution on the recent ruling allowing the Herald weekly magazine to use the word “Allah” in its Malay-language edition, pending the hearing of an appeal.

The lawyers representing the Titular Roman Catholic Archbishop Tan Sri Murphy Pakiam, as publisher of the Catholic weekly, agreed to the stay by the Home Ministry and Justice Lau Bee Lan granted the stay in chambers, said Attorney-General Tan Sri Abdul Gani Patail.

“I requested for the stay of execution to be heard quickly. The faster the matter is settled, the better it will be for everyone in the country,” he said, adding that it was done based on “national interest.”

“I am grateful that my learned friend agreed to the stay and we will try to have the matter heard as soon as possible in the Court of Appeal,” he said after coming out of the chambers in High Court.

Abdul Gani said that people should not assume that there was “something wrong” just because the matter was heard so quickly.

“No, there was nothing wrong. I can refer you to a case in Australia where a stay of execution was heard within a few days,” he said. The Home Ministry had filed its application for a stay only the day before.

The lawyer representing the Herald, Derek Fernandez, said they agreed with the stay because the request made by the Attorney-General was based on national interest.

“We agreed to the stay pending the appeal at the Court of Appeal,” he said.

Derek also said they were concerned with the breach of the subjudice rule by many parties which showed disrespect to the court and Abdul Gani had assured that he would uphold the law.

“We made it clear that the Attorney-General must enforce the subjudice rule,” he said.

On Feb 16, Archbishop Murphy filed for a judicial review on the use of the word “Allah” in the church’s publications for the period Jan 1 to Dec 31, 2009, naming the Home Ministry and the Government as respondents and claiming that the word “Allah” was not exclusive to the religion of Islam.

The Herald, which is printed in four languages, has been using the word “Allah” as a translation for “God” in its Malay-language section.

On Dec 31, Judge Lau had ruled that pursuant to Articles 11 and 12 of the Federal Constitution, the Herald had the constitutional right to use the word in respect of instruction and education of the congregation in the Christian religion.

She also said that pursuant to Article 11(4) of the Federal Constitution, it was an offence for non-Muslims to use the word “Allah” to Muslims to propagate the religion but it was not an offence for non-Muslims to use the word to non-Muslims for the purpose of religion.

The word “Allah” is widely used among the indigenous Christian groups in Sabah and Sarawak, most of whom speak Bahasa Malaysia.

The Home Minister had justified the ban on the grounds of national security and to avert misunderstanding and confusion among Muslims.

On Monday, the ministry lodged an appeal with the Court of Appeal against the Dec 31 ruling and on Tuesday filed for a stay of execution pending the appeal. - Star, 6/1/2009, Stay granted on ‘Allah’ ruling (Updated)

PAS makes clear position on the 'Allah' issue - What about Anwar Ibrahim's position?

PAS has made clear its position on the 'Allah' issue...Now, we wait for Anwar Ibrahim and the PKR....

KUALA LUMPUR, 5 Jan: After a special meeting to discuss a recent controversial court ruling, PAS has decided to reiterate its stand that the use of the word Allah by Christians was not against Islam and in accordance with the federal constitution which guarantees religious freedom.

"As a responsible Islamic body, PAS is ready to explain this issue to all parties in order to ensure a harmonious environment that is based on the principles of fairness such as is guaranteed in the constitution and by Islam itself,” PAS president Abdul Hadi Awang said in a statement issued after a three-hour long discussion.

He also called on all parties not to politicise the matter as this could threaten the peace among the different religious groups in the country.

“We would like to state that based on Islamic principles, the use of the word Allah by the people of the Abrahamic faiths such as Christianity and Judaism, is acceptable,” Hadi said. “PAS strongly objects to any aggressive and provocative approach that can lead to tension in society.”

He was referring to the emotional outbursts from some Umno-back NGOs, who have threatened to hold mass demonstrations at mosques throughout the country if a recent landmark court decision was not reversed. A slew of Umno leaders including Jerlun MP Mukhriz Mahathir, Wanita chief Shahrizat Abdul Jalil and former Selangor mentri besar Khir Toyo have led the storm of protests, condemning the ruling as an ominous development for Muslims and Malays.

But do not misuse or abuse

In a bid to appease these groups, Prime Minister Najib Razak has promised to appeal last week's High Court decision overturning a Home Ministry’s ban on a Chistrian magazine  the Herald - to use Allah to describe God in its Malay language section. The appeal was filed on Monday.

On Sunday, PAS spiritual adviser Nik Aziz Nik Mat had told reporters that the word Allah was not exclusive to Muslims and it was acceptable for non-Muslims to say and use it. However, he was worried there might be abuse in its usage and invited Christian leaders to a meeting to sort out these concerns.

Hadi again stressed the usage of Allah must not be misused or abused or it will affect racial and religious harmony in the country.

Also present at Monday’s meeting of the political bureau, which was also attended by central committee members, were deputy  president Nasharudin Mat Isa, vice presidents Salahudin Ayub and Tuan Ibrahim Tuan Man, secretary-general Mustafa Ali and head of women’s wingUstazah Nuridah Salleh.- Harakah Daily, 5/1/2009, PAS: Allah can be used by non-Muslims but do not abuse

PAS says that the use of “Allah” is permitted among people of the Abrahamic faiths such as Christianity and Judaism.

Its president Datuk Seri Abdul Hadi Awang made the statement that also supported the High Court’s decision that allowed the Christian weekly newsletter The Herald to use the word.

PAS also urged the public not to misuse the word “Allah” for cheap politicking to gain mass support.

“The wrongful and irresponsible use of the word should be avoided so that it did not create an issue that jeopardises the racial and religious harmony of this country,” Abdul Hadi said in a statement read by the party information chief Idris Ahmad on Monday.

The statement was issued after a party political bureau meeting on the same day.

Abdul Hadi said the principle of freedom of religion was championed by Islam because human beings could not be forced to profess any religion except through their own free will.

“In the Malaysian context, the situation must be considered for the sake of public interest to preserve the harmony among the various races and religions,” Abdul Hadi said.

He added that the party was ready to clear the air on the issue to anyone in order to preserve the harmony based the fairness that was enshrined under article 11 of the Federal Constitution.

High Court judge Datuk Lau Bee Lan made the controversial decision and immediately invoked protests from some 13 Muslim non-governmental organisations against the decision.

Meanwhile, the Home Ministry has filed an appeal and for a stay of execution of the decision reached on Dec 31.- Star, 5/1/2009, PAS says ‘Allah’ can be used by Christians and others

And the full official statement in Bahasa Melayu is as follows:-

Kenyataan rasmi Presiden Pas mengenai isu kalimah Allah

Ditulis oleh Presiden PAS

TUESDAY, 05 JANUARY 2010 03:17

PAS sebagai parti Islam, amat menghormati prinsip kebebasan beragama seperti mana yang ditekankan oleh Islam kerana manusia tidak boleh dipaksa untuk menerima mana-mana agama melainkan ia merupakan pilihan sendiri. Prinsip kebebasan beragama ini juga telah termaktub di dalam Perkara 11 Perlembagaan Persekutaan. Walaupun demikian dalam konteks masyarakat di Malaysia, suasana dan keadaan setempat perlu diambil kira di atas kepentingan awam bagi memelihara keharmonian berbagai kaum dan agama. Setiap warganegara Malaysia wajib memelihara suasana dan keadaan ini. PAS ingin menjelaskan bahawa berdasarkan kepada kaedah Islam, penggunaan nama Allah pada asasnya adalah dibenar untuk digunakan oleh agama samawi seperti Kristian dan Yahudi. Walau bagaimanapun, penggunaan kalimah Allah secara salah dan tidak bertanggungjawab mestilah dielakkan supaya ianya tidak menjadi isu yang boleh menjejaskan keharmonian kaum dan agama dalam negara ini. PAS memberikan peringatan kepada semua pihak supaya tidak menyalahgunakan perkataan Allah bagi mengelirukan atau menjadikan politik murahan untuk mendapatkan sokongan rakyat. Al-Quran telah menyarankan cara yang betul menggunakan perkataan Allah, sebagaimana yang dinyatakan dalam Surah Al Imran ayat 64 yang bermaksud. ‘‘Katakanlah: Hai Ahli Kitab,marilah (berpegang) kepada suatu kalimat (ketetapan) yang tidak ada perselisihan antara kami dan kamu, bahawa tidak kita sembah kecuali Allah dan tidak kita persekutukan Dia dengan sesuatu pun dan tidak (pula) sebahagian kita menjadikan sesama manusia seperti pemimpin dan sebagainya sebagai tuhan selain Allah’’ Pas dengan tegasnya ingin menolak sebarang bentuk tindakan agresif dan provokatif jahat yang boleh mengugat keharmonian dan mencetuskan ketegangan masyarakat. PAS dengan segala rasa penuh tanggungjawab bersedia untuk menjelaskan isu ini kepada semua pihak bagi mewujudkan suasana yang harmoni berdasarkan kepada prinsip keadilan sebagaimana yang termaktub dalam perlembagaan dan dijamin oleh Islam. Tuan Guru Haji Abdul Hadi Awang Presiden Parti Islam Semalaysia (PAS)

Source: PAS Website 

Anwar Ibrahim, PKR, PAS must provide 'leadership' and direction in this 'Allah' issue. Silence is not an option.

How many Gods are there? There is only ONE God, and I believe that that all Jews, Christians, Muslims, Hindus and many others believe in the same ONE God.

Is there a Jewish God, a Muslim God, a Christian God...? I do not think so...there is only One God. Hence, I wonder what all this commotion is about 'Muslim God', Christian God, etc..

In Malaysia, some have suddenly taken the position that only some can call God, Allah? Who are mere mortals to make such proclamations and decisions - it is a matter for God. If God has dictated that he should be called 'Allah', then we should all be joyful and happy that others, not from from religious communities, is also referring to God Almighty by this name.

The Pahang State Anthem, and many other state anthems uses the term Allah, and as a Pahang citizen, when I sang this song, I was calling on that one and same God.... If there is now to be a Muslim God, Christian God, etc...and these Gods have different names... then I have been sinning all these while...whenever I sang my state anthem, for it has always been a tenet of my faith that there is only ONE God, and my faith clearly states that , '"You shall have no other gods before Me.".

Ya Allah Yang Maha Kuasa

Lanjutkan usia Ke bawah

Duli Yang Maha Mulia

Dirgahayu Darul Makmur

Aman dan bahagia sentiasa

Ya Allah selamatkan ke bawah

Duli Raja kami

Why now are some saying that I cannot call God, 'Allah'? So, when I sing my State anthem, am I refering to some other God not my own?

It is sad that the UMNO-led BN government has today made this an issue, when it never was an issue.

Confusion that it will cause to Muslims - Why? We are talking about matters that happen within the Christian religion are we not. We are not talking about acts of trying to convert Muslims here, for if this happens then take action against the persons doing so...irrespective of whether they are using the word 'Allah' or not.

Remember 'Divide and Rule' was started by the British colonialist. It was also used by the Japanese when they occupied Malaya, and it was used by the UMNO-led BN for the last 50 plus years to keep Malaysians divided and weak. Continuously, the emphasis have been on the differences of ethnicity and religion. There is little that has been done to erase all these 'divisive elements' and start treating us as Malaysians.

With the break-up of UMNO, and the formation of Semangat 46, in the late 80s, here were moves to try to remove some of these 'divisive elements'. People started talking about the fact that there rich Malays, Chinese and Indians, and the fact that there were poor Malays, poor Chinese and poor Indians and this 'change' in perspective was because Tengku Razaleigh (Ku Li) and Semangat 46 (together with the opposition parties) were saying so...and this sentiment and perspective trickled down to the masses. [Prior to this, the perspective was that the Chinese were rich and the Malays were poor and oppressed...of course the Indians and other minorities were a non-issue.]

Then, pro-divide and rule elements started with the notion of 'Malay Supremacy' (Ketuanan Melayu), promoting a perspective that there were superior and inferior ethnicities... This went against not only the universal principal, but also most religions and faiths, that promoted the understanding that all persons are equal....and created equal.

After the expulsion of Anwar Ibrahim from UMNO, and the formation of Parti Keadilan (now Parti Keadilan Rakyat), again we arrived at a position that was anti-'divide and rule', and anti the understanding that one ethnic group was superior to another. PKR was a multi-racial...multi-religious party, and all Malaysians were equal members of the said party - no superior no inferior. PKR filled a void in Malaysia, and many Malaysians welcomed this party, joined and supported this 1Malaysia party...truly Malaysian party. PKR broke the myth that Malaysians needed and accepted only ethnic/religious based political parties. [Of course, we must not forget that there always had been multi-racial multi-religious political parties in Malaysia like the DAP, Parti Rakyat Malaysia(PRM), Gerakan, PPP, PKM, etc - but unfortunately none of these parties were perceived by the masses as being multi-racial multi-religious - thanks also to the propaganda by the UMNO-led BN that sought to paint these parties as being 'Chinese parties' or 'Non-Malay parties', and it worked as not many Malays joined these parties, until PKR came into the picture]. PAS's changes also helped, i.e. the increased number of women candidates, the formation of PAS Supporters clubs (including the placement of non-Muslim PAS candidates), the toning down on that 'Islamic State' rhetoric. Remember, that in 2004, in my opinion, it was that strong 'Islamic State' positioning of PAS that resulted in great losses for the Opposition PAS (and PKR that stood with it). DAP, who dissociated from that coalition, did OK.

In 2008, it was this 1Malaysia perception of the Pakatan Rakyat that saw it making a 'big win' in the General Elections - breaking for the 2nd time in Malaysian history the UMNO-led coalition of parties two-third majority in the Dewan Rakyat, and also managing to win in 5 States. The victory in Selangor, Penang and Perak (and near victory in Negeri Sembilan) was significant given the fact of the multiracial...multi-religious composition of the electorate in these states.

To counter the trend in Malaysia, we see UMNO and pro 'divide and rule' components attempts to rejuvenate division. Recently we saw that 'Malaysia is an Islamic State', 'Malay Supremacy'[Ketuanan Melayu], 'Allah is a word exclusive for Muslim usage', 'Syariah Law versus Civil Lae, etc issues being raised. It seems that UMNO today seems to want to emerge as not just the party for Malays but also Muslims. UMNO wants to regain Malay Muslim support by becoming  the party that defends not only Malay rights, but also Muslim rights. PAS, perceived to be the Defender of Musims for so long, if they are not strong may be lured into this battle of minds to show who indeed is the biggest defender of Muslims (and Malays) - and we have seen how this has affected PAS.

Other measures that seem to be adopted by the UMNO-led BN government has been the National Service Program (which I believe also has similar objectives to the BTN programs),  the RELA, etc - In some other post, I would elaborate but not now.

After the recent High Court decision that clearly stated that the word Allah is not exclusive to Muslims, there has been a lot of reported outcry and protest from certain quarters, including the UMNO-led Barisan Nasional government Ministers and some Muslim organisations. But, what really is the position of the majority of Malaysians?

Many Malaysians, especially Muslims, are waiting for leadership but alas Anwar Ibrahim and PKR is silent. PAS the party, and its main leadership, too has been rather cautious. They seem to be waiting to see what the popular Muslim sentiments are, possibly then to echo it for fear of losing its Malay/Muslim support. This is not leadership. If Anwar, Hadi and Nik Aziz expresses a different position from that of UMNO and the UMNO-led BN government, I am sure that waiting Malaysian Muslim populace will follow the lead. The time to be clear and vocal is now...today, not later for longer they wait, the minds of the people will be convinced by the voices that now appear in mass media.

Leadership means taking a stance on issues, and in this particular issue the people of Malaysia, particularly the Muslims, want direction and guidance from their leaders in PKR and PAS and DAP of Muslim faith.

What are you waiting for Anwar Ibrahim? What are you waiting for, PKR? What are you waiting for PAS? Are we to assume that your silence indicate that you are having the same position as the current UMNO-led BN government in this issue? A leader has to take a stand, and lead - and not wait to sense popular feelings and then echo this. It is no use to later on come and say that you had a different position, and you expressed it 'privately'. Anwar told us that he was against the use of the ISA during Operation Lallang(1987), and later on the Arqam leaders but alas at that point in time he was totally silent as far as most Malaysians were concerned.Is he doing the same now with regard the 'Allah' issue? We certainly do not want leaders of this kind - all too eager to take popular positions, but afraid to take a stance on controversial issues.

The High Court has made a decision. There is no stay order, and as such until the appeal is heard, the High Court's decision stands...The dispute is essentially between the Government of Malaysia and Kuala Lumpur Roman Catholic Archbishop. The Minister concerned is the Home Minister. It is really odd that other Ministers (and Ministries) are getting involved, and now JAKIM 's Director General is giving directives. Announcements about decisions to appeal should have come from the Home Minister (or alternatively the Prime Minister, and maybe the Deputy Home Minister).

Directives or Orders or 'threats' by any Minister or Department DG that goes against the court order is wrong, and I believe it may be contempt of court. If the Government of Malaysia wishes to stay the effects of the order, the proper thing to do is to apply for a stay order. Now, will the AG  (or the court) commence contempt proceedings against this DG in Malaysian Islamic Development Department (Jakim), that is if the Star report is accurate? In Malaysia, an appeal does not operate as a stay - there must be a separate application to the court for a stay order.

PETALING JAYA: The Malaysian Islamic Development Department (Jakim) has told Kuala Lumpur Roman Catholic Archbishop Tan Sri Murphy Pakiam not to allow the use of the term “Allah” in any publication while the Government appealed the High Court’s decision.

Jakim director-general Datuk Wan Mohamad Sheikh Abdul Aziz said the case was not final.

“The sensitivities and dignity of Muslims under the Federal Constitution must be taken into consideration. We are together responsible in denying space to extremists in the respective religions,” he said in a statement yesterday.

Wan Mohamad said incidents in India involving Hindu extremists burning churches and mosques should serve as a lesson to preserve religious harmony in Malaysia. “Islam as the Federation’s official religion must be upheld and respected by all. Similarly, the Yang Dipertuan Agong as Head of State must be obeyed by all.

“I advise all parties to uphold the spirit of the Constitution in Malaysia. Islam is the official religion of the country which is enshrined in the Constitution even if you do not practise it,” he said.

He also reminded Muslims that “Allah” referred to the one Muslim God, despite the views of those in other religions.

Religious groups are hoping that the developments surrounding the usage of the term “Allah” by the Herald will not spark off any dispute.

Buddhist Chief High Priest of Malaysia Ven K. Sri Dhammaratana Nayaka Maha Thera stressed that it was important to maintain peace among the country’s multi-religious society without hurting the feelings of other communities.

“We must be fair to everybody because the majority of Malaysians are Muslims. We must be considerate to them,” he said yesterday.

Federation of Taoist Associations Malaysia secretary-general Tan Hoe Chieow said the people should accept the High Court’s decision in good faith.

Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism president Rev Dr Thomas Philips said he respected the Home Ministry’s move to appeal against the High Court decision.

Malaysian Gurdwaras Council president Harcharan Singh said the issue should not be politicised. - Star, 5/1/2010, Jakim: Don’t use term while appeal is taking place

Acess to free healthcare for all in Malaysia without the threat of being arrested will improve general public health situation

Unless healthcare is made accessible and available to all persons in Malaysia, it is a problem.

Now, for documented migrants and foreigners, government medical facilities charge extra...I believe a Malaysian may be required to pay RM1 (or RM5 maximum), but a foreign national is required to pay an initial registration fee of RM50-00.

There seems to be no access to non-Malaysians without the necessary documentation. I estimate about 5 million undocumented migrants in Malaysia.

The 'higher rates' and the lack of access to migrants may result in many not coming to get required medical/healthcare and hence this increases the risk of all in Malaysia, especially when it comes to transmittable illness.

Hence, I believe Malaysia should immediately move towards universal healthcare for all. In fact, the fact that one does not the required documentation should not be a bar to getting and receiving healthcare. [Maybe, there should also be an assurance that hospital authorities will not report to the police or immigration authorities] Our primary objective must be healthcare - public healthcare.

Who brings in these diseases to Malaysia? It is so wrong to blame migrants, asylums and refugees for this, as we all know that these diseases can so easily enter this country today considering the number of people going in and out of this country everyday - tourists, Malaysians traveling back from overseas,... Hence, placing blame on just migrants, asylum seekers and refugees is an indicator of our prejudice, but we do not expect such prejudice statements to be made by the government, especially those who claim to have a medical education and/or background.

Migrant workers, many of whom are here illegally, are the source of the spread of malaria in six states.

Health Minister Datuk Seri Liow Tiong Lai said there was a spike of malaria cases in Sabah, Sarawak, Kelantan, Pahang, Selangor and Johor.

"In some of these states, the increase in cases is due to migrant workers, many of whom are illegal, coming from countries where malaria is still endemic," he told the New Straits Times.

In addition, he said, these workers were mobile and posed a challenge to the ministry's efforts to ensure they completed their treatment.

"Some workers who are under treatment move in a state or to other states and it is difficult to trace them," he said, adding that the opening of new areas for plantation or development projects attracted migrants who were not screened and posed a health threat.

In Sabah and Sarawak, Liow said there was also a lack of access to government health facilities, especially among rural communities.

Although there was a dramatic decline in the number of malaria cases in the country, the disease remained a public health burden in rural areas in the six states.

"We have seen a decline in cases over the past 40 years. In 1960s, there were more than 200,000 patients a year but this year, as of October, there were 5,778 cases," said Liow, adding that this was a great achievement and the result of effective control programmes.

In 2000, there were 12,708 cases and last year, 7,390 cases were reported, which represented a 42 per cent reduction.

"As a country, we are moving in the right direction towards achieving the Millennium Development Goals set by the United Nations, which is to halt and reverse the incidences of malaria by 2015."

He said the ministry was confident of achieving that target despite the presence of illegal migrant workers.

Malaysia, he said, had achieved major success in virtually eliminating malaria from urban and other densely populated areas. -New Straits Times, 28/12/2009, Migrants bringing in malaria

'Allah' is not only for the exclusive usage of Muslims - that is what the High Court reminds us, and it is time to move on...

Well, at the end of 2009, the High Court has ruled in favour of the Catholic Church, and as such has also decided that the word 'Allah' is not only for the exclusive usage of Muslims. All of us knew that already...except the Home Minister of the UMNO-led BN, who is responsible for this 'non-issue' being raised up after almost 50 years of independence..

Our constitution prohibits attempts to convert Muslims...that is all. Thus reasonably, in publications of all other religions, there must be the phrase "Not For Muslims in Malaysia". There is no necessity for "Only for Christians"..."Only for Buddhists", etc

This High Court case is over - and now it is time for State governments (including Pakatan Rakyat State governments) to make the necessary amendments to their respective State Enactments to remove the prohibition of persons (other than Muslims) from using certain Arabic words. Selangor should really take the lead.

Remember the Malaysian constitution/law only prohibits attempts to convert Muslims... that is all.

Who won...and who lost? There is really no victors (or losers) in this matter, and it is time for us all in Malaysia to move forward and deal other more pressing issues of rights, democracy, transparency, accountability, corruption, death in custody, detention without trial, 'shoot to kill' incidents, local council elections, justice, ...

We have to remember that it was the UMNO led-BN that raised this 'non-issue' for over 50 years, and made it an issue. I believe that the reason was to try to win back the support of the peoples of Malaysia particularly the Muslims. Thankfully it did not work and cause greater divisions between Muslims and non-Muslims ... and one of the reason for this was that mature Malaysians, including PAS, rejected that suggestion that certain words were only for the exclusive usage of Muslims (and cannot be used by persons of other faiths). 

Let us now peruse the various newspaper reports on this...

The High Court has ruled that the Catholic weekly The Herald can use the word "Allah" in its articles to propagate Christianity among its followers .

Judge Datuk Lau Bee Lan said the use of the word was constitutional as long as the periodical was confined to educate the followers of the Christian faith.

She said the usage of the word was in accordance with Articles 3, 10, 11 and 12 of the Federal Constitution, the supreme law of the land.

Article 3 says Islam is the religion of the Federation but other religions may be practised in peace and harmony.

Lau said it was the constitutional right of the publisher to use the word "Allah" as Article 10 gave every citizen the freedom of speech and expression.

She said Article 11 stated that every religious group had the right to manage its own affairs, while Article 12 gave religious groups the right to instruct and educate believers of the same faith.
She said the word "Allah" would only be banned if the periodical was used to propagate Christianity among Muslims.

"The object of the enactments is to prevent the propagation of non-Islamic religions among Muslims," Lau said in her oral decision.

On the contention that The Herald had also gone online, she said it was unavoidable "as the information technology readily made it accessible".

She said eight states and the Malaysian Chinese Muslim Association had no right to be heard as they could not establish that they had a direct interest in the judicial review application brought by the publisher of The Herald.

In allowing the application to quash the Jan 7 decision last year to impose condition to prohibit the publication from using the word, she said the home minister had taken into account irrelevant considerations. Lau said it was justiciable for the publisher to challenge the prohibition because the court had the authority to review the decision of the minister.

Lawyers Porres Royen, S. Selvarajah, Benjamin Dawson and Leonard Teoh represented the publisher while Datuk Kamaludin Md Said appeared for the minister and the government.- New Straits Times, 31/12/2009, Court rules in favour of 'Herald'

 The Star

The Catholic weekly Herald is now free to use the word “Allah” in its publication after the High Court quashed the Home Minister’s prohibition against it using the word, declaring the order as “illegal, null and void.”

In her decision, Justice Lau Bee Lan also declared that under Article 3(1) of the Federal Constitution, applicant Titular Roman Catholic Archbishop Tan Sri Murphy Pakiam had the constitutional right to use “Allah” in the Herald in the exercise of his right that religions other than Islam might be practised in peace and harmony in the country.

She further ruled that the Constitution, which states Islam as the country’s religion, did not empower the minister to make such a prohibition.

“In pursuant to Article 10, the applicant also has the right to use the word ‘Allah’ in the Herald in the exercise of his right to freedom of speech and expression,” she said in her oral judgment yesterday to a packed courtroom.

Justice Lau ruled as grounds for her judgement that both the respondents – the minister and the Malaysian government – had failed throughout the trial to prove how the use of the word “Allah” could threaten national security.

On Jan 7 last year, the Home Ministry had approved the Herald’s publication permit on condition that the usage of the word “Allah” was prohibited and the word “Limited” (Terhad) be endorsed on its front page to mean that it must be circulated only among Christians.

The minister had prohibited the usage on grounds of national security and to avoid misunderstanding and confusion among Muslims.

The Archbishop, as Herald’s publisher, had filed an application on Feb 16 for a judicial review to seek a declaration that the minister’s decision for the prohibition was illegal and that the word “Allah” was not exclusive to Islam.

Representing the Archbishop were counsels Porres P. Royan and S. Selvarajah while senior federal counsel Datuk Kamaludin Md Said stood for the respondents.

Following the ruling, Kamaludin sought a clarification for the decla­ration to be only confined for the permit in question, which was for the period from Jan 1 to Dec 31 last year, and not future permits.

“It does not relate to an order or decision relating to future permits,” he said, adding that future permits would require a fresh application.

However, Royan argued that the permit for the period between Jan 1 and Dec 31 this year had already been issued, subjected to the same condition pending the court’s determination on the matter.

“The order speaks for itself. I believe the minister will be bound by the words he has used and that he will respect the court’s decision.

“Of course, they have other remedies. The court has granted declarations to allow the use of the word “Allah” that must bind the parties,” he said.

Kamaludin then said he would seek direction from the minister on whether they would file a stay of execution application or an appeal.

In an immediate reaction, Herald’s editor Father Andrew Lawrence told the press that this was a “long-awaited” decision, hailing it as a “landmark case for our nation”.

Home Minister Datuk Seri Hishammuddin Hussein said they would appeal the decision.- Star, 1/1/2010, High Court grants Catholic publication Herald the right to use ‘Allah’ word again

 Malaysiakini

In a landmark judgment, the Kuala Lumpur High Court presented the Catholic Church a belated Christmas present by ruling that the home ministry's blanket ban on the use of the word 'Allah' illegal.

In making the decision to allow the motion by the Catholic Church to set aside the ban, High Court judge Lau Bee Lan stated that the minister's order is "illegal, null and void".

She said that Catholic weekly The Herald can use the word 'Allah' and that the term is not exclusive to Islam.
"Even though Islam is the federal religion, it does not
empower the respondents to prohibit the use of the word."

Justice Lau added that the Home Ministry also failed to substantiate any of its claims of threats to national security which could be caused by the use of the word 'Allah' by the Herald.
 

This overturning of the Home Ministry's earlier ban will open the doors for the Catholic weekly and other non-Islamic publications to use the word 'Allah' as a direct translation for the word 'God' in the Malay language versions of their publications.

Justice Lau added that all Malaysians had the constitutional right to use the word 'Allah' under Article 11 of the federal constitution which guarantees freedom of expression and freedom of religion and the practice of it.

 

The Herald editor Lawrence Andrew (right), met by reporters outside the courtroom fresh from the verdict, said that he was "very happy" with the decision.

However, he stopped short of calling it a victory, saying instead, "We called out for justice and we got it."

If it is at all a victory, he added, "It is a victory for all Malaysians. This shows that we are truly living in a '1Malaysia', not two Malaysias. We can say right now that we
are citizens of one nation.

"'Allah' is a cherished word, we use in our churches and it is dear to us. It is good that the right to use it has been returned to us," he said.


He said The Herald would use the word 'Allah' in its upcoming Sunday edition.

However, given the implication of the case, it is likely that the Home Ministry will appeal against the decision to the higher courts.

Home Ministry may appeal

Deputy public prosecutor Kamaruddin Mohd Said indicated as such when asked by Malaysiakini after the trial, "The court has ruled and we have to respect the decision of the court. However, if it is decided that this issue requires further contention, then we will apply for a stay to the ruling and file an appeal against it."

He added, "I will have to look at the decision in detail first and consider the inclusion of constitutional rights into the ruling. I will also need to refer back to the Home Ministry and await further instructions."

Earlier in court, after the judgment was delivered, Kamaruddin (left in photo), who represented the government in the matter, argued that it was only valid for Herald's 2009 annual publication permit, and the restrictions on the use of the word 'Allah' contained therein.

He said today's decision could not affect future permits and a new application for a judicial review would have to be applied for to set aside any similar restrictions contained in the Herald's future permits.

However, lawyers representing the Herald contended that the home minister's statement "pending the court's determination" (when issuing the ban) spoke for itself, taking to mean that the home minister would have to respect the court's decision when issuing any future permit.

Justice Lau agreed with the Herald's lawyers saying that the home minister's statement "speaks volumes" on the matter.

The landmark case, which was supposed to be heard at the Jalan Duta court complex yesterday, had been postponed to today because Lau said she needed more time to consider her decision.

National security vs religious freedom

The Home Ministry had invoked concerns of national security and said that the ban was to avert any confusion that could ensue should non-Islamic publications use the word 'Allah' as a substitute for 'God'.

The ministry asserted that 'Allah' was exclusive to Islam as a term for the 'one true God'. Hence, other religions could not use it as a generic term.

The Catholic Church, in filing the judicial review, however disputed this and argued that the word 'Allah' predates Islam as a generic term for 'God' and has been in use in many places, even in the Middle East.

It added that in Malaysia, the term 'Allah' is widely used among indigenous Christian tribes in Sabah and Sarawak.

The church also argued that the ban goes against the principle of freedom of religion and religious practices as outlined in the federal constitution.

The Herald, circulated among the country's 850,000 Catholics, nearly lost its publishing licence last year for using the word 'Allah'. The paper is printed in four languages, with a circulation of 14,000 copies a week. - Malaysiakini, 31/12/2009, Court declares 'Allah' ban invalid

I also perused the Utusan Malaysia Online reports..., and there were 3...

Gereja Katolik dibenarkan menggunakan perkataan Allah dalam penerbitan mingguannya, Herald - The Catholic Weekly setelah Mahkamah Tinggi berpendapat bahawa setiap individu mempunyai hak berperlembagaan untuk menggunakan perkataan Allah.


Hakim Mahkamah Tinggi (Bahagian Rayuan dan Kuasa-Kuasa Khas), Datuk Lau Bee Lan ketika membenarkan permohonan tersebut berkata, Gereja Katolik selaku pemohon mempunyai hak untuk berbuat demikian di bawah Perlembagaan Persekutuan.

Menurut beliau, Artikel 11(4) Perlembagaan Persekutuan menyebut bahawa menjadi satu kesalahan bagi seseorang bukan Islam untuk menggunakan perkataan Allah kepada umat Islam untuk menyebarkan agamanya.

Bagaimanapun, katanya, ia bukanlah satu kesalahan bagi bukan Islam menggunakan perkataan itu sesama mereka bagi tujuan agama mereka.

Hakim tersebut juga bersependapat dengan pemohon bahawa Artikel 3(1) Perlembagaan Persekutuan yang menyatakan Islam selaku agama rasmi tidak memberi kuasa atau membenarkan Menteri Dalam Negeri dan Kerajaan Malaysia menghalang gereja tersebut daripada menggunakan perkataan Allah.

Penggunaan perkataan Allah dalam penerbitan itu juga, menurut beliau, merupakan sebahagian daripada hak untuk bersuara sebagaimana termaktub dalam Perlembagaan.

Dalam penghakiman lisannya, hakim itu menyatakan, perintah larangan yang dikeluarkan menyatakan penggunaan perkataan tersebut boleh menimbulkan kekeliruan dan salah faham di kalangan umat Islam serta menggugat ketenteraman negara.

‘‘Pihak responden dalam hujahnya bagaimanapun tidak memberikan sebarang bukti bagaimana penggunaan perkataan Allah boleh mengganggu ketenteraman awam,’’ katanya.

Sehubungan itu, beliau menyatakan, keputusan Menteri Dalam Negeri melarang penerbitan mingguan itu menggunakan perkataan ‘Allah’ adalah salah di sisi undang-undang, batal dan tidak sah.

Hakim Bee Lan memutuskan demikian dalam semakan kehakiman oleh Gereja Katolik yang difailkan melalui Ketua Paderi, Tan Sri Murphy Pakiam dengan menamakan Kementerian Dalam Negeri dan Kerajaan Malaysia sebagai responden.

Gereja Katolik antara lain menuntut perisytiharan bahawa keputusan responden pada 7 Januari 2009 yang melarang penggunaan perkataan Allah dalam Herald-The Catholic Weekly adalah menyalahi undang-undang dan perkataan Allah bukan eksklusif untuk kegunaan agama Islam sahaja.

Sejurus keputusan itu diumumkan, Peguam Kanan Persekutuan, Datuk Kamaludin Md. Said meminta penjelasan sama ada ketetapan tersebut mempengaruhi permit penerbitan berkenaan bagi tempoh 1 Januari hingga 31 Disember 2010.

Ini kerana, katanya, permohonan itu dibuat berdasarkan larangan terhadap permit bertarikh 1 Januari hingga 31 Disember 2009.

Peguam Porres Royan yang mewakili gereja itu sebaliknya menyatakan keputusan telah pun dikeluarkan hari ini dan terpulang kepada pihak-pihak yang terlibat untuk mentafsirkannya.- Utusan Malaysia Online, 31/12/2009, Gereja dibenar guna kalimah Allah 

 Kerajaan digesa mempercepatkan rayuan berhubung keputusan Mahkamah Tinggi hari ini yang membenarkan akhbar mingguan Herald-The Catholic Weekly menggunakan perkataan Allah dalam penerbitannya.


Setiausaha Agung Angkatan Belia Islam Malaysia (ABIM), Mohamad Raimi Ab. Rahim berkata, Kementerian Dalam Negeri (KDN) perlu menggunakan saluran perundangan yang ada untuk mengemukakan rayuan terhadap keputusan itu yang disifatkan merobek sensitiviti umat Islam.

“ABIM juga memohon campur tangan Majlis Raja-Raja untuk menghentikan segera polemik penggunaan kalimah Allah ini.

“Gesaan ini selari dengan peruntukan Perlembagaan Persekutuan yang menetapkan segala urusan berkaitan dengan hal ehwal agama Islam diletakkan di bawah kuasa raja-raja Melayu,” katanya kepada Utusan Malaysia di sini hari ini.

Beliau berkata demikian sebagai mengulas keputusan Mahkamah Tinggi di sini yang membenarkan Herald-The Catholic Weekly menggunakan perkataan Allah dalam penerbitannya atas alasan ia mempunyai hak dalam perlembagaan.

Hakim Datuk Lau Bee Lan menegaskan bahawa KDN telah bertindak secara salah ketika mengenakan larangan penggunaan perkataan Allah dalam penerbitan akhbar mingguan itu.

Mohamad Raimi berkata, keputusan itu tidak bertepatan dengan peruntukan Perlembagaan Persekutuan yang meletakkan Islam di tempat yang istimewa di antara agama-agama lain di negara ini.

“Kesan utama kepada penggunaan ini ialah masyarakat bukan Islam diberikan hak berdasarkan tafsiran perlembagaan untuk menggunakan kalimah Allah dan sebarang larangan oleh pihak berkuasa atau autoriti agama Islam adalah tidak sah,” katanya.

Timbalan Presiden Peguam Syarie Malaysia (PGSM), Musa Awang pula berkata, keputusan itu bukan sahaja satu pukulan yang hebat terhadap agama Islam.

Menurutnya, PGSM tetap berpendirian perkataan Allah hanya eksklusif kepada penganut Islam.

“Bagaimanapun, PGSM akur dengan keputusan tersebut kerana menghormati mahkamah, namun akan mengkaji keputusan itu bersama pertubuhan bukan kerajaan (NGO) lain termasuk membawanya ke mahkamah yang lebih tinggi,” katanya.

Sementara itu, Timbalan Presiden Persatuan Peguam Muslim, Muhamad Burok turut kecewa dengan keputusan itu dan mahu kerajaan mengambil langkah sewajarnya kerana perkataan Allah bukan satu mainan terutamanya untuk orang bukan Islam.

Menurutnya, perkataan Allah ditauhidkan sebagai ‘satu’ dan bukannya tuhan seperti yang difahami orang bukan Islam.

“Umat Islam memahami penggunaan perkataan Allah mengikut syahadah iaitu Allah adalah satu dan Nabi Muhammad SAW itu pesuruh Allah dan ini bertentangan dengan pemahaman orang bukan Islam,” katanya.

Presiden Pertubuhan Jamaah Islah Malaysia (JIM), Zaid Kamaruddin pula berkata, keputusan itu dilihat bertentangan dengan undang-undang yang terdapat di 10 negeri yang melarang penggunaan kalimah Allah oleh orang bukan Islam.

“JIM berasakan perlu penglibatan Mahkamah Syariah dalam isu melibatkan penggunaan kalimah Allah,” katanya.

Presiden Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM), Muhammad Faisal Abdul Aziz pula berkata, pihaknya akan mengemukakan rayuan bersama KDN untuk menyemak semula keputusan Mahkamah Tinggi itu.

Menurutnya, dalam konteks masyarakat Malaysia dan Melayu, kalimah Allah adalah bersifat eksklusif yang hanya merujuk kepada konsep tuhan yang difahami oleh umat Islam sahaja. - Utusan Malaysia Online, 31/12/2009, Kerajaan digesa cepat buat rayuan

Pertubuhan Pribumi Perkasa Negara (Perkasa) memohon Majlis Raja-Raja supaya membincangkan keputusan Mahkamah Tinggi hari ini yang membenarkan akhbar mingguan Herald-The Catholic Weekly menggunakan perkataan Allah dalam penerbitannya.


Presidennya, Datuk Ibrahim Ali berkata, urusan berkaitan Islam adalah di bawah Majlis Raja-Raja dan Islam adalah agama rasmi Persekutuan yang mempunyai kedudukan istimewa dalam negara.

"Perkara ini termaktub di dalam Perlembagaan Persekutuan di bawah Perkara 153.

"Inilah masanya raja-raja Melayu bertindak melindungi Islam dan umat Islam menanti tindakan itu dengan penuh harapan," katanya kepada Utusan Malaysia di sini hari ini.

Beliau berkata demikian sebagai mengulas keputusan Mahkamah Tinggi di sini yang membenarkan Herald-The Catholic Weekly menggunakan perkataan Allah dalam penerbitannya atas alasan ia mempunyai hak dalam perlembagaan.

Hakim Datuk Lau Bee Lan menegaskan bahawa Kementerian Dalam Negeri (KDN) telah bertindak secara salah ketika mengenakan larangan penggunaan perkataan Allah dalam penerbitan akhbar mingguan itu.

Ibrahim hairan kenapa urusan hal ehwal Islam boleh dicabar di mahkamah sivil.

Justeru katanya, Perkasa mendesak kerajaan supaya segera memperbetulkan keadaan itu agar agama itu tidak mudah dicabar oleh orang bukan Islam.- Utusan Malaysia Online, 31/12/2009, Perkasa mohon Majlis Raja-Raja bincang isu

PKR leader detained under Detention Without Trial Law - Dangerous Drug (Special Preventive Measures) Act 1985

All you need to do is allege, and there is no need  for you to prove these 'false allegations' , and the victim of these allegations also cannot go to court to challenge these 'false allegations'. This is the case of all 3 Detention Without Trial laws in Malaysia, and one if this is the Dangerous Drug (Special Preventive Measures) Act 1985.

We have been focusing a lot on the ISA, and we forget to focus on the other 2 laws that allow for Detention Without Trial.

Dangerous Drug (Special Preventive Measures) Act 1985, just like the ISA, also allows for the police to detain up to 60 days, and thereafter for a person to be detained by virtue of the Minister's Detention Order of 2 years at a time, which can be renewed indefinitely...There is also no substantive judicial review available to the detainee, i.e. cannot question of challenge the reasons for the Detention.

Release that PKR leader immediately and unconditionally, and repeal all laws that allow for Detention Without Trial. [Reviewing and/or amending is just a waste of time - just repeal them for we already do have sufficient laws for all kinds of crimes in Malaysia...]

A state PKR Youth leader has been arrested for alleged involvement in drug activities.

The man, in his 30s, was arrested on the night of Dec 23, in Padang Tembak, Kelantan.

Sources said he was arrested on suspicion of being a drug dealer, and that police have frozen his assets.

He is being detained at the Kota Baru police district headquarters’ lock-up under Section 3(1) of the Dangerous Drug (Special Preventive Measures) Act 1985, which allows detention of up to 60 days.

However, it is also learnt that no drugs were seized from him at the time of his arrest.

Inspector-General of Police Tan Sri Musa Hassan confirmed the arrest and said investigations were under way - Star, 1/1/2010, PKR leader held for alleged drug dealing