KUALA LUMPUR, KOMPAS.com – After a legal battle that lasted more than a decade, the Malaysian High Court granted the right to use the word “Allah” for Christians in Malaysia, on Wednesday (10/3/2021).
The decision overturned a three-decade government ban on the use of the word “Allah” in Christian religious publications.
The court in its decision also permitted three words to be used in Christian publications for educational purposes. Namely, the words Kaabah (the holiest Islamic holy place in Mecca), Baitullah (House of God), and prayer (prayer).
The decision issued by Malaysian High Court Judge Nor Bee Ariffin confirmed the constitutional rights of Jill Ireland Lawrence Bill.
The Christian woman from Sarawak filed a lawsuit over the matter 13 years ago.
Initially, Bill’s lawsuit began shortly after the “Neighboring Country” government confiscated eight compact disc (CD) containing educational material with the word “Allah” on the cover.
The CD was confiscated from him at the Malaysian airport in 2008, upon his return from Indonesia.
After years of legal battles, a Malaysian court ruled in 2014 that the confiscation was against the law.
The CD, which Bill was to use for personal use, was finally returned to him in 2015, seven years after the confiscation.
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The court’s ruling for the case was originally purely demanding the return of the goods confiscated. There are no judgments on constitutional rights points to the use of the word “Allah” in Bill’s lawsuit.
It was only in November 2017 that Datuk Nor Bee heard about the constitutional points of this case. He then decided to return to the trial.
“He (Bill) ‘s (case) has been withdrawn and there is no guarantee that it will not happen again,” Judge Nor Bee said in his decision on Wednesday (10/3/2021). The Straits Times.
The court’s decision also effectively invalidated the 35-year-old circular by the Malaysian Ministry of Home Affairs. Its contents prohibit the use of the word “God” in Christian publications.
The judge’s decision on the re-appointed case was originally scheduled to be delivered in 2018.
But implementation has been postponed dozens of times, as a number of parties involved have attempted to settle the case out of court, before the lockdown caused by the coronavirus began last year.
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Malaysian Ministry of Home Affairs Regulations
The ban on the use of the word “Allah” in Malaysia was initially implemented in 1986. The Ministry of Home Affairs (Kemendragi) Malaysia issued a ban on the use of “Allah” in Christian publications, arguing that it threatens public order.
The Malaysian government ban has led to the confiscation of several Christian publications and three court challenges.
However, Datuk Nor Bee, in a court decision on Wednesday (10/3/2021), stated that the Malaysian Ministry of Trade had exceeded its authority with this order. Hereby, the prohibition is passed in violation of the constitution.
“There is no power to limit religious freedom under Article 11. Freedom of religion is strictly protected even when it threatens public order,” said Judge Nor Bee.
Kasus The Herald
Bill has filed his case under the right to freedom of religion and equality before the law, provisions protected under Malaysia’s federal constitution.
Bill’s lawsuit more than a decade ago appears to have taken place in a period nearly the same as a similar court case elsewhere in Malaysia.
In 2009, the Catholic weekly magazine The Herald also sued the Malaysian Ministry of Home Affairs regarding the regulation on the use of the word “Allah”.
That case was won in the same year. But then, the court’s ruling sparked protests among right-wing groups.
At the height of both trials, right-wing groups in Malaysia protested the rights of non-Muslims to use the word “Allah”. Amid controversy over the issue in 2010, 11 churches and five mosques were bombed or damaged.
The Court of Appeal later overturned the verdict in The Herald case, and again supported the ban on the use of the word “Allah” for non-Muslims in 2013.
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Case of the Borneo Evangelical Church (SIB)
In addition, in 2007 another lawsuit was also received by the Malaysian Ministry of Home Affairs after confiscating Christian religious books containing the word “Allah”.
The lawsuit was filed by SIB, a church in the plains of Kalimantan. They applied for a reconsideration of the church’s right to use the word in their religious publications.
However, 13 years have passed and after many delays, the case is still not on trial.
SIB is currently filing an appeal to the Federal Court to file a judicial review of the regulation issued by the Malaysian Ministry of Home Affairs in 1986.
The people Christian Malaysia in their argument says the word “Allah”, to refer to God, was used for centuries in their own religious practice.
Christians have large populations in the two states of Sabah and Sarawak in Malaysian Borneo. In this area, people use the Malay language in their church activities and publications.
However, some Muslim leaders have argued that allowing Christians to use the word “Allah” could cause public unrest and confusion.
They argue that the word “Allah” is largely considered by the Malaysian Muslim community to only refer to the God of Islam.
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Additional settings
Christianity is the third largest religion in Malaysia, and is practiced by 13 percent of the Malaysian population. Most of them live in the states of Sabah and Sarawak in Kalimantan.
Meanwhile Malaysian Muslims comprise about 60 percent of the 32 million population.
The Straits Times reported currently there are still similar ongoing legal challenges regarding the prohibition of the use of the word “Allah” in other parts of Malaysia.
However, it remains to be seen whether the lawsuit will continue after the ban was overturned by court Judge Datuk Nor Bee on Wednesday (10/3/2021).
According to The Straits Times, Until now, there has been no indication from the Malaysian Government to appeal this decision.
Other reports by The Star expresses the opinion of senior federal adviser Shamsul Bolhassan. He said that the four words could be used by Christians as regulated by the court.
The usage provided that it contains a denial, that the word is only intended for Christians and also has the symbol of the cross.
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