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Reasons for ‘Allah’ ban on non-Muslim publications classified under OSA, says KL high court

KUALA LUMPUR — The Kuala Lumpur High Court on Monday (Oct 16) rejected a Sabah church’s bid to find out why the government banned the word “Allah” in non-Muslims’ publications, saying such information is classified under the Official Secrets Act (OSA).

A Muslim man wearing a shirt with the words ‘Allah Just For Muslim’ standing outside Malaysia’s federal court in Putrajaya. The The Kuala Lumpur High Court on Monday rejected a Sabah church’s bid to find out why the Malaysian government banned the word “Allah” in non-Muslims’ publications, saying such government information is classified under the Official Secrets Act (OSA). Photo: Reuters

A Muslim man wearing a shirt with the words ‘Allah Just For Muslim’ standing outside Malaysia’s federal court in Putrajaya. The The Kuala Lumpur High Court on Monday rejected a Sabah church’s bid to find out why the Malaysian government banned the word “Allah” in non-Muslims’ publications, saying such government information is classified under the Official Secrets Act (OSA). Photo: Reuters

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KUALA LUMPUR — The Kuala Lumpur High Court on Monday (Oct 16) rejected a Sabah church’s bid to find out why the government banned the word “Allah” in non-Muslims’ publications, saying such information is classified under the Official Secrets Act (OSA).

Lawyer Annou Xavier, who represented the church, Sidang Injil Borneo (SIB), confirmed that the court had dismissed his client’s application for discovery of documents.

“One of the reasons is because it is classified as Official Secrets Act and (as such,) the document will not be released,” he told reporters after the decision was delivered in chambers by High Court judge Nor Bee Ariffin.

“The other reason is because the court finds it is not necessary for the documents to be disclosed under judicial review application,” he added.

Malaysia has banned the use of the word “Allah” to refer to God in non-Muslim publications since 1986, with the authorities arguing that using the Arabic word for God in such publications could confuse Muslims and entice them to convert.

Monday’s court case was sparked off by the August 15, 2007 seizure of SIB’s Sunday school materials at Malaysia’s Low Cost Carrier airport, with the education materials for Christian children then returned on January 28, 2008 under the condition that the front page would be stamped with a “cross” sign and the words “ Christian publication”.

SIB and its president Reverend Jerry Dusing had on December 10, 2007 filed for judicial review against the Home Ministry and government.

The SIB church had last month sought two sets of documents, including documents such as letters and meetings minutes containing the reasons for the government’s ban; documents showing confusion among Malaysians or misunderstanding between Muslims and Christians over the use of the word “Allah” in Bahasa Malaysia Christian publications; or showing threats to public order due to non-Muslims’ use of the term.

The second set of documents sought was for those where the government had granted approval to import, publish, produce, distribute or own any Christian publications with the word “Allah”.

SIB church’s lead counsel Lim Heng Seng also argued last month that the 1986 ban was the “root” behind recurring problems faced by local Bahasa Malaysia-speaking Christians who have been using the word “Allah” for hundreds of years, also telling the court then there was no evidence that local Christians’ use of the word “Allah” had caused public disorder.

SIB had also said the documents will be necessary to help the court decide if the government’s prohibition of the use of the word “Allah” in non-Muslim publications was constitutional.

However, senior federal counsel Shamsul Bolhassan had last month argued that the documents sought by SIB Sabah cannot be disclosed as they fall under the OSA.

Mr Shamsul had also described the church’s application for document disclosure by the government as a “fishing expedition”, arguing that it was not relevant when it was not shown that the government’s evidence was inaccurate or false.

Mr Shamsul on Monday told reporters the judge felt the existing evidence submitted to the court was already adequate for it to decide on the church’s lawsuit against the government and Home Ministry.

The judge also felt it is for the government to decide whether to declassify such information.

“The court said that it is not in a position to ask us to reveal it because it is only for the maker to declassify, not for the court,” he said.

“But in this case it is only issue of discovery, so the court feels that discovery in judicial review ― these documents are not necessary. You can go by way of the evidence given as well as the documents which has been tendered, that is sufficient for the court to decide,” he added.

The case is among several incidents of heightened religious tensions with Malaysia’s Christian minority population over the years.

In early 2015, 320 Malay-language bibles were seized because they used the word “Allah”, and a Catholic newsweekly Herald was also banned from using the word “Allah”.

A few months later, an uproar erupted in Malaysia over a protest by a group of Muslims in Selangor demanding the removal of the cross of a church on the grounds that it was challenging Islam and could sway the faith of young Muslims.

The Malaysian government also came under fire from a group of Christian churches and opposition lawmakers after authorities unveiled a new set of guidelines barring Christian publications with the word “Allah” from being imported into Peninsula Malaysia.

Critics argued that the guidelines appeared to be going against the promise made by Prime Minister Najib Razak in April 2011 to allow the holy books to be distributed nationwide, and that the requirements for non-Muslims to seek the approval of the federal government’s Islamic agencies for the importation of religious material violated the provisions of the federal Constitution.

The 2011 promise, which was drafted ahead of a Sarawak state election, ended a Home Ministry blockade of shipments of Malay-language Bibles. THE MALAY MAIL ONLINE

 

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