'Last word on kalimah Allah issue yet to be said'

Despite statements made by Malaysian rulers prohibiting the use of ‘kalimah Allah’ by non-Muslims, the debate over the contentious issue is far from over.

In an exclusive phone interview with Astro Awani, constitutional expert Professor Emeritus Datuk Shad Saleem Faruqi said that debate over the matter, should, in fact, be continued rather than shutting off all dialogue.

“We can’t come out with ‘the last word has been said’ and leave it at that. There are a lot of new words that still must be said.

"We need to talk and listen to each other, we can't ask one party to just shut up,” said Shad, adding that the dialogue should be private and mutually respectful.

On January 19, the Yang di-Pertuan Agong Sultan Abdul Halim Mu’adzam Shah said, that the word ‘Allah’ was the exclusive rights of Muslims, citing a 1986 decree by the National Fatwa council.

It was later clarified that his speech, read out by Sultan of Kedah Council of Regency, was made in his capacity as the sultan.

“Obviously the issue is not final. People have the right to question it in public and private and to bring this to court,” he said, adding that a ‘middle path’ solution is necessary, referring to the Government’s 10-point resolution.

On Friday, Prime Minister Datuk Seri Najib Tun Razak said that the King’s speech does not cover the whole country though the Cabinet’s 2011 resolution is still subject to Federal and state laws.

"This means that if the state has an enactment (on use of the word Allah), it is subject to this. If the state does not have such an enactment, like Sabah and Sarawak, so the usual practice will be continued and no party should scare others," Najib had said.

Commenting on state laws dealing specifically with non-Muslims who propagate to Muslims, Shad urged the government to look at the enactments in all states, again.

“The weight (of what has been said by these rulers) depend on how much you want to give them. I think that the King, Sultan of Selangor and a few others are relying on the state laws when they speak.

"But if you look into these laws, they are going too far.

“The Constitution only bans proselytisation. It’s obvious there is a constitutional problem here. People have the right to speech and religion,” he said, citing example in the quandary for non-Muslims when the word ‘Allah’ in the Selangor state anthem and police officers’chest emblems.

“Are these people committing a crime? (By right), Fatwas don’t apply to non-Muslims. It can only relate to Islam and Muslims,” he said, repeating the argument by most lawyers that decrees and Fatwas cannot be enforced on non-Muslims.

The 10-point-solution, announced by Minister in the Prime Minister’s Department Idris Jala in 2011, had allowed Christians to use "Allah" in the Bahasa Malaysia Bible.

It also allows bibles in all languages to not only be imported into the country, but to be printed locally in the peninsula, Sabah and Sarawak.

The “Allah” controversy dates back to a 2009 High Court ruling which upheld the Catholic Church’s constitutional right to use the word in the Bahasa Malaysia section of its weekly Herald.

The issue resurfaced again early this month following a raid by the Selangor Islamic Religious Department (Jais) at the Bible Society of Malaysia (BSM), seizing some 300 copies of Malay- and Iban-language Bible and detaining two BSM officials.

Tensions, especially between Christian and Muslim communities, have simmered following October 14 ruling last year by the Court of Appeal, on the usage of Allah in the Bahasa version of The Herald. The ruling was seen as a ban on the word “Allah” to all non-Muslims.

The legal dispute between the government and the Catholic Church is still pending before the Federal Court, which will hear the case on February 24.

Meanwhile, Sinar Harian on Monday said the debate on the “Allah” issue between UMNO Selangor chairman Datuk Seri Noh Omar and PAS Central Working Committee member, Khalid Samad has been cancelled.

Media Executives Editorial Advisory Group Karangkraf, Datuk Abdul Jalil Ali said the decision to cancel the debate, organised by the Daily Herald Newspaper, was made after considering various aspects and the current situation.

"Having examined the views and advice from religious leaders, some non-governmental organisations as well as those who are concerned, we decided to cancel this debate," he said.

Abdul Jalil said advice and views on the debate were received from various parties through press, social media, e-mails and letters sent to the Sinar Harian office.