By now you must have known that High Court Judge Lau Bee Lan has released her written judgment in allowing the Roman Catholic newspaper, The Herald, to use the word “Allah” in its publication. The Allah ruling on New Year’s Eve has polarized the Muslim community in Malaysia. Now there is an added controversy – to go ahead with the appeal or to withdraw the appeal. To proceed with the appeal would mean letting the court decide on the Allah issue. To withdraw the appeal could allow room for negotiations in the spirit of the 1 Malaysia concept.
It was former Prime Minister Tun Dr Mahathir Mohamad who first said that the Allah issue should not have been fought in court. But now that the case has been fought in court, the question is what should the government do now?
Khairy Jamaluddin, the Umno Youth Chief said: “The matter could better be resolved through a dialogue mechanism which can be arranged by the Government.” Then he added: “This will help us find a solution based on compassion, empathy and understanding, that can be accepted by everyone. If we take this to court, there will be a clear loser and winner, which will result in negative implications for the country.”
But Deputy Prime Minister Tan Sri Muhyiddin Yassin thinks otherwise. He said: “We will wait for whatever the judgment is based on the appeal that has been submitted.” Effectively this means that the Malaysian Government will not withdraw its appeal against the Allah ruling by High Court Judge Lau Bee Lan.
However, Tan Sri Muhyiddin Yassin does not rule out a compromise solution. He said: “We are not only looking purely at the legal aspect but possibly to process engagement and dialogue by way of inter-religious discussion to create a better understanding. We can work together even though we have different religious beliefs but we are 1 Malaysia. So that should be the basis of how we look forward.”
Speaking of the legal aspects, the 57-page written judgment released by High Court Judge Lau Bee Lan appears very comprehensive, and it would seem difficult to fault that judgment. Judge Lau Bee Lan basically said that the Malaysian Government and the Home Ministry had made decisions that were illegal, unconstitutional and irrational when they barred the Catholic newspaper from publishing the word “Allah” in its Bahasa Malaysia section. Judge Lau Bee Lan also wrote about the apparent conflict between the Federal Constitution and the various state enactments and the claims by Muslim groups that the matter cannot be taken to a civil court.
Another minister in favor of bringing religious leaders to the table to settle the Allah issue is Datuk Jamil Khir Baharom, Minister in the Prime Minister’s Department.
But one minister who is strongly against this is Datuk Seri Nazri Aziz, minister in charge of law and parliamentary affairs. He said: “It’s too late. I’ve mentioned it many times.”
But why is it too late? Well, because the case has gone to court. Datuk Seri Nazri Aziz explains: “I got no choice as the minister in charge of law. We must respect the system. So I’m using the court system to appeal the court decision.”
But why did Datuk Seri Nazri Aziz feel that he has no choice? He said: “If I don’t do that, people may say, ‘Apa ini, menteri undang-undang tak konfiden dengan mahkamah ke? (What is this, the law minister is not confident with the court?)”
Did Datuk Seri Nazri Aziz read the written grounds of the Allah ruling by High Court Judge Lau Bee Lan? He is not telling. But he did remark that Judge Lau Bee Lan is not a Muslim but she had ruled over a matter that concerned the “akidah” (faith) of the Muslim community.
Think about it. Why is the de facto Law Minister saying that High Court Judge Lau Bee Lan is not a Muslim? Does it mean that only a Muslim judge can preside over matters pertaining to the faith of the Muslim community? If so, does the opposite hold true, that only a non-Muslim judge can preside over matters pertaining to the faith of the non-Muslim community? But then again, in the case of The Herald vs the Home Ministry, who can judge the case? A Muslim judge? A Christian judge? Wouldn’t the right perspective be that the judge should decide purely based on the laws of Malaysia rather than on emotions and feelings of any particular community? Datuk Seri Nazri Aziz did say that: “We must respect the system.” So with that, it looks very much like the decision to appeal the Allah ruling will stay.
Previous posts
Allah Ruling – 1 Malaysia, 2 Bibles? Jury Still Out
Allah OK For East Malaysian Christians Only
Allah Ruling – Why No Legal Challenge Earlier?
Allah Ruling – East Malaysians Stand Firm
Minister To Church Leaders – Drop Allah Usage
Allah Ruling Aftermath – What If …
Allah Ruling And Attacks On Churches
Allah Ruling – What Is The Crux Of The Unrest?
Allah Ruling – Mahathir Explains Christianity And Islam
Allah Ruling – Stay Of Execution Granted
Allah Ruling – Mahathir To Leaders: Flex Your Muscles
Malaysia – Government Filed Appeal On Allah Ruling
Malaysia – Reactions To Allah Ruling
Malaysia – Judge Rules Allah Name Not Exclusive To Islam
Malaysia – “No” To Christian Allah
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