"Allah" Term Fiasco & Why Malaysia Is Not An Islamic State

October 14th, 2013 will be one of the important dates many Malaysians would remember. The Court of Appeal has meted out a landmark decision, prohibiting a weekly named The Herald from using the word “Allah”, which refers to the Muslim God. This judgement, which I believe is endemic to only Malaysia, provokes many to think whether freedom of practising religion really exists.

Flying back in time, the whole “Allah” fiasco erupted in 2007 when the weekly in East Malaysia, was found using the term “Allah” in dictating the Christians’ messiah, Jesus Christ. This was followed by a ban by the Home Ministry which was then led by Tan Sri Hamid Albar, to prevent non-Muslims from continuously using the term. The main concern of such decision by the ministry was to pre-empt any confusion amongst Malaysian Muslims and also to prevent any effort of proselytising the Muslims by any parties, by manipulating the situation.

This however, was met by public furore, especially from the Christian Federation of Malaysia (CFM). The respective groups demanded that Christians in East Malaysia be allowed to use “Allah” in the Malay-version Holy Bible, the Al-Kitab. Titular Roman Catholic Archbishop of Kuala Lumpur later filed a judicial review at the High Court in 2009 on the banning, resulting in a judgement that annulled the Minister’s previous decision.

Later on, on January 5^th 2010, the Home Ministry and the Government of Malaysia filed an appeal against the High Court ruling at the Court of Appeal.

On 2nd April 2011, the Government under the Najib leadership announced a Ten Point Solution to address the Bible issue and other related issues.

The Ten Point Solution is as follows:

1. Bibles in all languages can be imported into the country, including Bahasa Malaysia/Indonesia.

2. These Bibles can also be printed locally in Peninsula Malaysia, Sabah and Sarawak. This is a new development which should be welcome by the Christian groups.

3. Bibles in indigenous languages of Sabah and Sarawak such as Iban, Kadazan-Dusun and Lun Bawang can also be printed locally and imported.

4. For Sabah and Sarawak, in recognition of the large Christian community in these states, there are no conditions attached to the importation and local printing of the Bibles in all languages, including Bahasa Malaysia/ Indonesia and indigenous languages. There is no requirement for any stamp or serial number.

5. Taking into account the interest of the larger Muslim community, for Peninsula Malaysia, Bibles in Bahasa Malaysia/Indonesia, imported or printed, must have the words “Christian Publication” and the cross sign printed on the front covers.

6. In the spirit of 1Malaysia and recognising that many people travel between Sabah and Sarawak and Peninsula Malaysia, there should be no prohibitions and restrictions for people who bring along their bibles and Christian materials on such travel.

7. A directive on the Bible has been issued by the Ketua Setiausaha (KSU) of the Home Ministry to ensure proper implementation of this cabinet decision. Failure to comply will subject the officers to disciplinary action under the General Orders. A comprehensive briefing by top officials, including the Attorney General (AG), will be given to all relevant civil servants to ensure good understanding and proper implementation of the directive.

8. For the impounded Bibles in Kuching, Gideon, the importer can collect all the 30,000 Bibles free of charge. We undertake to ensure the parties involved are reimbursed. The same offer remains available for the importer of the 5,100 Bibles in Port Kiang, which have already been collected by the Bible Society Malaysia (BSM) last week.

9. Beyond the Bible issue, the Government wishes to reiterate its commitment to work with the Christian groups and all the different religious groups in order to address interreligious issues and work towards the fulfilment of all religious aspirations in accordance with the constitution, taking into account the other relevant laws of the country. In order to bring urgency to this work, in the capacity as the Prime Minister, the representatives of the Christian Federation of Malaysia (CFM) will be met soon to discuss the way forward.

10. The Christian Ministers in the cabinet will meet on a regular basis with representatives of the various Christian groups in order to discuss their issues and work with the relevant Ministries and myself in order to resolve them. As the leader of this country, the Prime Minister wishes to reiterate the Government’s commitment in solving any religious issues in this country. There is a need to manage polarities that exist in our society to achieve peace and harmony.

It has to be noted that this Ten-Point Solution was offered barely few days before the Sarawak State Election in April 2011. Many quarters denounced the offer, claiming it as an election tactic to woo the vast Christian voters in Sarawak. However, some other parties have accepted the Ten-Point Solution, as a way forward.

And on 14^th October, 2013, the Court of Appeal’s three jurists’ bench quashed the previous High Court ruling, indicating the ban on the Herald from using the sacred “Allah” term to stay. Having read the final written judgements by all three judges, it can be said that the Herald is prohibited from using the word “Allah” in its publications but it was never mentioned anywhere that non-Muslims should also be prohibited from using the term.

Recent press statements from the vocal Home Minister, Datuk Seri Zahid Hamidi and the Prime Minister himself have indicated that non-Muslims can continue to use the “Allah” term and only the Herald has been banned from utilising it.

Thus, the arising situations have created never-ending confusions. If the Malay-version Holy Bible which uses “Allah” to dictate Jesus Christ is allowed and is legit, then why is the Herald, a weekly for the Roman Catholics in East Malaysia is banned? Why is this disparity?

Everyone, may it be Muslims or non-Muslims, should understand that no one should or can be forced to refrain from using “Allah”. Even in Sikhism, the term “Allah” is mentioned 46 times in its much-revered holy scripture, “Guru Granth Sahib”. Arabs, Muslims and non-Muslims alike, have been using the term for centuries. And the case is the same for the East Malaysia’s Christians. Citizens in Selangor, a state in Malaysia, have to say the word “Allah” each and every time the state anthem is sung as the line goes “Allah lanjutkan usia Tuanku” which literally means, Allah lengthens the life of His Majesty.

Clearly, the debate on whether the term “Allah” is exclusive to only Muslims will be never-ending. But, bearing in mind the need to provide the freedom of practising a religion, such issue should be avoided. However, having said that, non-Muslims should never misuse the situation to confuse or proselytise the faithful of Islam.

Is Malaysia an Islamic country?

I’ve never wanted to argue on Malaysia’s status as a secular or an Islamic state, hitherto. However, seeing several public figures using this case as their point to defend the prohibition of “Allah” term, I felt compelled to voice my stand.

Malaysia is a secular state, NOT an Islamic state. But, definitely, never take my words for it. There are reasons why Malaysia can never be said as an Islamic country.

To the uninitiated, the role of proposing a draft of the Federal Constitution was carried out by the Reid Commission, which serves under Her Majesty, the Queen of Britain. Originally, Article 3(1) which elaborates that Islam is the religion of the Federation was not mentioned in the proposed draft.

However, the insertion of Article 3(1) came about after objections, negotiations, discussions and consensus between all the stake-holders, including from various racial and religious groups. It came about by the White Paper known as the Federation of Malaya Constitutional Proposals 1957.  Paragraph 57 of the White Paper reads as follows:-

57. There   has   been   included   in   the   proposed   Federal Constitution a declaration that Islam is the religion of the Federation. This will in no way affect the present position of the Federation as a secular State, and every person will have the right to profess and practice his own religion and the right to propagate his religion, though this last right is subjected to any restrictions imposed by State law relating to the propagation of any religious doctrine or belief among persons professing the Muslim religion.

This particular White Paper has again been noted in the grounds of judgement by Datuk Seri Mohamed Apandi Ali, one of the jurists in the appeal hearing of the “Allah” term at the Court of Appeal.

The role of Islam was meant to be ceremonial as in the coronation of the Yang di-Pertuan Agong and others. Our founding fathers, most particularly, Tunku Abdul Rahman has never mentioned about Malaysia being an Islamic state in his speeches or even in during his tenure as the first prime Minister.

Then, how did this started to happen?

The Pan-Islamic Party of Malaysia (PAS) has always been advocating for the formation of an Islamic state if the party is elected to govern the Federal Government. This political party is largely seen as promoting the values of Islam, as a whole by many quarters.

In 1999, the Barisan Nasional government under the helm of Tun Dr. Mahathir Mohamad suffered severe blow in the general election which saw the State of Terengganu falling in the hands of the PAS state government. The reason highlighted by many analysts has indicated that many Malay Muslims in Malaysia, particularly in the State of Terengganu, are seeing PAS as the true beholder of Islamic values rather than Barisan Nasional, the ruling Federal Government.

Thus, to recapture the attention of the Malay Muslim electors, Tun Dr. Mahathir in 2001, has “declared” Malaysia to be an Islamic state to show Barisan Nasional’s determination in upholding the Islamic virtues. This, however, is illegitimate as it contradicts with the Federation of Malaya Constitutional Proposals 1957 which is based on consensus amongst various stakeholders.

Having said this, I wish to reiterate that Malaysia is a secular state and should remain so, forever. Making Malaysia an Islamic state due to the concern that Muslims form the predominant population here, simply does not hold water.

P/S: Only you and I need religions, the country needs none.