2022年11月26日付「神の名を巡る論争と騒動（1）」
（http://itunalily.jp/wordpress/wp-admin/post.php?post=3860&action）
2023年5月6日付「神の名を巡る論争と騒動（2）」
（http://itunalily.jp/wordpress/wp-admin/post.php?post=4769&action）
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発端は、1979年のイラン革命。「イスラムを全世界に輸出せよ」という唱導の下、スンニー派のマレーシアでも、1981年以降、非イスラム諸宗教の指導者層には何ら通知なく、一方的にアラビア語由来の宗教語彙や宗教表現を制限する州法が、半島の東北部のムスリム多数派地域のトレンガヌ州やクランタン州をはじめとして、次々に成立した。
このことは既に、過去の学会や研究会で何度も口頭発表し、論文で発表済みである。新聞記事は、いささか曖昧で不正確であるが、それもマレーシアの実情を反映している。
ロシア革命でお馴染みの「共産主義（社会主義革命）を全世界に輸出せよ」のイスラム版だと考えればよい。それがイスラム主義の本質である。いくら「多文化共生」や「対話志向」を唱えてみても、全く意味がない。過去から学ばないならば、時間とエネルギーの浪費である。
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本件のパターンは過去ブログに要約済。
（http://itunalily.hatenablog.com/entry/20071018）
《本件のパターンはいつでも決まっています。
１．国外的には、「多民族社会のマレーシアは、イスラームを連邦宗教とするが、他宗教（注：「多宗教」ではない）とうまく平和共存している」「マレーシアはイスラーム圏内で最も発展したモデルのムスリム国家である」と首相から大学教員まで、自画自賛の宣伝を公私にわたって繰り返す。
２．国内の水面下では、当局が一方的に、キリスト教の各指導者層や出版物発行責任者達に対して、突然、マレー語やその系統の言語による聖書やキリスト教系発行物に対する警告や発禁の措置をとる。
３．驚いた（実は慣れっこになってしまっている）キリスト教指導者層が、民族や教派を超えて緊急会議や通知連絡を取り合い、対処法を協議する。（マニュアル案はできている。）
４．イスラ−ム社会は法による統治を建前とするため、クリスチャンの弁護士や法律専門家の有志が、ムスリム諸国の事例を研究して、法的にどのように議論を進めるか検討する。
５．３と４を合わせて、遺憾声明ないしは抗議声明をメディアやキリスト教系出版物（や最近ではインターネット）に公表する。ブミプトラ系か華人のクリスチャン有力政治家などの諸ルートを通して、問題解決のための首相ないしは該当する担当者との面会の可能性を探る。
６．面会に応じるという首相や担当者からの返答は、即座に下される場合とかなり長引く場合とがあるが、あらゆる機会をねらって、キリスト教指導者側は、忍耐強く待ち続ける。
７．基本的に面会内容は公では伏せられるが、結果的に、双方の妥協策を図り、その場は「わかった、そういうことなら、聖書／キリスト教新聞発行の発禁を解除しよう」という寛大さが首相あるいは担当者から示される。
８．「ご理解いただき、ありがとうございます」という謝辞がキリスト教指導者側から公に出される。また、「会合は良好な雰囲気のもとに行なわれた」と説明される。
９．素朴な人や内情に疎い人は、当件は和やかに円満解決したのだから、一過性のものであり、今後は再発しないだろう、と期待を寄せる。
10. 数ヶ月後、ないしは数年後に、突然２が始まる。そして９までのプロセスが繰り返される。》
（http://itunalily.hatenablog.com/entry/20080512）
《結局のところ、ムスリムとの関わりにおいては、マレーシアであれ日本であれアメリカであれ、同じパターンがいずこでも繰り返されているということなのでしょうか。よきムスリムの信仰行為にはイスラーム擁護が含まれるために、非ムスリムあるいは元ムスリムが、イスラームに関わる現象について、少しでもムスリムと異なる見解を出せば、「ああ言えばこう返す」で唱和する態度ができ上がっているのではないかと思われます。》
（http://itunalily.hatenablog.com/entry/20081119）
《問題点や事件や判決事例を時系列に並べてみると、同じパターンが繰り返されて何らの進展がないものの、当事者の思考面やメンタル面をそいでいるという点で、中には破壊や殺害の事例もあるという点で、やはり恐ろしいと思います。》
（http://itunalily.hatenablog.com/entry/20090302）
《かつて二度ほど研究発表したことがありますが、マレー語聖書には、‘Tuhan’,‘dewa’,‘tuhan’,‘yang’なども用いられています。それに加えて、確かに ‘Allah’も使用されています。それは、原語のヘブライ語における神概念の豊かさを、語彙の限られたマレー語で訳出するための、工夫と知恵なのです。》
《インドネシアでは1950年代に既に帰結が見られ、マレーシアでも1980年代に一応の決着を見たはずの、神の名の議論について、先行研究文献を吟味せずに、自分達の次元で勝手に発言することを「言論の自由」と称するのであれば、確かに、混乱を招くであろう。》
（http://itunalily.hatenablog.com/entry/20110507）
《この作業の面倒な点は、当局とマレーシアの教会指導者層の間で、いわば綱引き状態にあり、1980年代以降、常に同じパターンが何度も出てくることです》
（http://itunalily.hatenablog.com/entries/2012/09/17）
《ムスリムは一方的です。穏健だとされるマレーシアでさえ、「宗教感情を尊重せよ」というならば、なぜ30年以上もマレー語聖書がたびたび発禁になり（http://d.hatena.ne.jp/itunalily/20120623）、教会が壊され、ヒンドゥ教の施設も破壊されているのでしょうか。また、こういう事件が発生する度に、「私もムスリムだけれど、皆が同じ風だと考えないで欲しい」みたいなことを言うムスリムが、テレビに出てきたりして訴えますが、私に言わせれば、（しかし、あなたの属するウンマ（共同体）から、そういう人々が繰り返し出現しているんですよ。責任逃れをしないでほしい）と。》
（http://itunalily.hatenablog.com/entry/20160206）
《実際には、ムスリム宗教指導者の間で論議があり、政治家が不用意に「ファトワ」を出したと発言し、新聞がそれを曖昧に報道し、クリスチャン側が同じ批判を繰り返す、というパターンが、1980年代から続いています。これを追っかけると、私のような馬鹿みたいな人生になります。》
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1.（https://malaysia.news.yahoo.com/malaysian-government-drops-appeal-non-092109429.html?soc_src=social-sh&soc_trk=fb&tsrc=fb）
Malaysian government drops appeal on non-Muslim use of word ‘Allah’
by Aminah Farid
15 May 2023
The government has decided to withdraw its appeal concerning the High Court’s ruling, which permits non-Muslims to utilize the word “Allah” and three other terms for educational purposes. The three additional words in question are kaabah, solat, and baitullah.
The termination notice was filed on April 18 by the senior federal counsel representing the Home Ministry and the government. This action was confirmed by Senior Federal Counsel Shamsul Bolhassan, the New Straits Times reported.
After a lengthy legal battle lasting 13 years between the government and Jill Ireland, a Christian woman from Sarawak, the Court of Appeal judge Datuk Nor Bee Ariffin, who presided as a High Court judge on March 21, 2021, delivered the ruling.
Nor Bee characterized the Home Ministry’s directive from 35 years ago that prohibited non-Muslims from using the four words as “illegal” and “irrational.” She argued that the government directive surpassed the scope of the Printing Presses and Publications Act 1984 (PPPA).
According to Nor Bee, the PPPA cannot serve as a general law to regulate matters of public order, public health, and morality.
She stressed that Ireland’s constitutional right to use and import any publication for her religious education is protected under Article 8 of the Federal Constitution, allowing her to practice her faith without discrimination.
Nevertheless, Nor Bee stated that the word “Allah” can only be used by the church if any publication is exclusively intended for Christians. She further noted that Christians in Sabah and Sarawak have been using the word “Allah” in their churches for approximately 400 years.
Ireland, a Melanau clerk from Sarawak, initiated the judicial review in August 2008 against the home minister and the government following the confiscation of eight compact discs (CDs) containing the word “Allah” by the Home Ministry near the Kuala Lumpur International Airport.
The CDs were titled “Cara Hidup Dalam Kerajaan Allah” (Living Life in the Kingdom of God), “Hidup Benar Dalam Kerajaan Allah” (Living Righteously in the Kingdom of God), and “Ibadah Yang Benar Dalam Kerajaan Allah” (True Worship in the Kingdom of God).
On Jul. 21, 2014, the High Court ordered the return of the CDs to Ireland. However, it did not address her request for a declaration confirming her right to possess, use, and import published materials containing the word “Allah.”
On Jun. 23, 2015, the Court of Appeal upheld the High Court’s decision, which required the Home Ministry to return the confiscated CDs to Ireland. The appeal lodged by the ministry and the Malaysian government against the High Court’s decision was dismissed.
(End)
2. The Malaysian Insight（https://www.themalaysianinsight.com/s/442706?fbclid=IwAR2E8RCBbtM_iDj-Pskk1BESJEX88gNOxwUYncate1SWyj7RhrbOaNbdDz0）
Putrajaya withdraws appeal to stop non-Muslims from using the word ‘Allah’
by Ravin Palanisamy
15 May 2023
PUTRAJAYA has withdrawn its appeal to the court to prevent non-Muslims from using the word “Allah” to describe God in Malaysia.
The notice of discontinuance was filed on April 18 by the senior federal counsel representing the Attorney-General’s Chambers.
(End)
3. The Malaysian Insight（https://www.themalaysianinsight.com/s/442857?fbclid=IwAR2sx5qUmIJ_m86DVFZftl8j1RIVIPdV33TyFXYROchHi_uSeIecsQQLtqg）
Sarawak Christians hail govt’s withdrawal of ‘Allah’ usage appeal
by Desmond Davidson
16 May 2023
CHURCH leaders and politicians in Sarawak today lauded Putrajaya’s decision to withdraw its appeal against a High Court ruling allowing Christians to use the word “Allah” to refer to God.
“We welcome and applaud the federal government’s wise decision,” Kuching Anglican bishop Danald Jute said.
(End)
4. UCANews（https://www.ucanews.com/news/malaysias-islamists-play-the-christian-bogeyman-strategy/101323?fbclid=IwAR37EpsxgDKQkwrK_7zK-74MNM-sZVpQeqcwQls4c0rEElM201GA86yEHng）
Malaysia’s Islamists play the ‘Christian bogeyman’ strategy
by Vanitha Nadaraj
16 May 2023
It proved effective in the general election last November when PAS won the most seats in the Lower House
This handout photo shows Abdul Hadi Awang (center), the president of The Malaysian Islamic Party (PAS) waving during the general election in Marang, Malaysia’s Terengganu state on Nov. 19, 2022.
Malaysia is looking at six state elections in the next few months and the hunting season is in full swing for the Islamist party and those aligned to it. They target non-Muslims and often focus on their traditional nemesis, the Christians. They say that these people are out to destroy the “Malay race, their religion and the country.” It is a strategy they have used for decades.
The political strategies deployed by the Parti Islam Se-Malaysia (PAS) over the last couple of decades ranged from claims that Christians practice the caste system; Christians are preying on the marginalized; to Christians disguising themselves as imams (religious teachers) and preaching in mosques. The latest was in March when they accused a cabinet minister, who is a Protestant, of abusing her position and organizing visits to houses of worship to convert Muslims.
The non-Muslims’ response is of no concern to them. Their target audience is the Malay Muslims and the goal is to increase their power base so they can establish their brand of theocracy in Malaysia, or at the least replace secular laws with Sharia ones. They need to convince this segment of voters of their commitment and sincerity in upholding Islam tenets, and in fighting the enemies of Islam and the state, namely secularists, communists, ethnic Chinese and Christians.
The bogeyman strategy is effective. In the general election last November, PAS won the most seats in the Lower House, which is the stronger of the two houses in Malaysia’s bicameral parliament. In fact, the party won almost three times more seats than in the previous election, making the 2022 general election its best. They are no longer only pulling votes from rural Malays but also from the middle-class and civil servants, who are predominantly Malays and traditional supporters of Umno (United Malays National Organization).
Just days before that general election, one of PAS’ allies in the Perikatan Nasional (PN – National Alliance) used the race-religion card. The alliance’s prime ministerial candidate Muhyiddin Yassin claimed that Jewish and Christian groups were planning to take over Malaysia with the help of their rival Pakatan Harapan (Alliance of Hope), the bloc with a multiracial mix and is backed by urbanites. Muhyiddin is a former prime minister (2020-2021) and also deputy prime minister in the Najib Razak administration.
The race-religion card is an old one, used blatantly by several Muslim leaders including those from Umno. One of them was former prime minister, Mahathir Mohamad. Two weeks ago, the 97-year-old revisited this old strategy. He teamed up with his one-time political rival, PAS president, Abdul Hadi Awang, and the two signed the Malay Proclamation with the purpose of uniting the Malays and “saving the Muslim community.”
Mahathir’s not the only one wooing PAS. A few days ago, Anwar Ibrahim met the sons of a deceased PAS leader and there is news that the prime minister wants to work with Hadi again. Anwar’s Parti Keadilan Rakyat (People’s Justice Party) got the third-highest number of seats in last November’s general election and was asked by the king to form the government. Anwar was able to do so without PAS but there is now talk of his government being shaky.
The upcoming state elections are likely to keep the status quo. Anwar’s bloc will continue to govern the more urban Selangor, Penang and Negeri Sembilan states and the PAS alliance Kelantan, Terengganu and Kedah states. PAS will likely emerge with more seats, giving them total control over rural Malaysia.
PAS’ strength comes from decades of patiently building strong grassroots in the northern and eastern peninsular states through religious education. They started setting up school huts and madrasahs, and today have professionally run kindergartens and schools. It is here that children are indoctrinated from a young age that it is their duty to support PAS otherwise they would go to hell. This is why the party enjoys an enviable level of loyalty. PAS can muster a street protest at the drop of a hat. No other party can.
For a short time, PAS swallowed its pride and worked with the Democratic Action Party and other parties to topple Najib and later be part of the new government under Mahathir in 2018. But that was then. PAS may never again need to team up with the predominantly ethnic Chinese party which also has Christians as members.
A survey of Malaysian Muslim youth showed that 82 percent of the 1,216 respondents said there should be a revival of an Islamic caliphate. The 2022 survey also showed 82 percent felt the Quran should replace the Constitution. It was 72 percent in a survey done in 2010.
The recent verdict of a sedition suit against Hadi could not have come at a better time. Two Christians failed last month in their final bid to revive their suit against Hadi over alleged seditious remarks he made against Christians.
PAS is likely to project this as divine intervention and Islam’s victory over Christians in their campaigning for the upcoming state elections.
＊The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.
(End)
5. The Malay Mail（https://www.malaymail.com/news/malaysia/2023/05/17/sabah-church-sib-drops-court-bid-to-quash-govts-1986-ban-on-christians-using-allah/69536）
Sabah church SIB drops court bid to quash govt’s 1986 ban on Christians using ‘Allah’
File picture shows Datuk Jerry Dusing, president of the Sabah Sidang Injil Borneo, at the KL High Court in Kuala Lumpur, May 5, 2014. — Picture by Yusof Mat Isa
by Ida Lim
17 May 2023
KUALA LUMPUR, May 17 — A Sabah church has decided not to continue with its court challenge against the Malaysian government’s 1986 ban on the word “Allah” in Christian publications used by Bahasa Malaysia-speaking local adherents.
This court case was linked to the Home Ministry’s 2007 decision to seize and withhold the release of the Sabah church’s Christian educational materials which carried the word “Allah”.
This marks the end of the Sabah church Sidang Injil Borneo’s (SIB) 16-year-long legal challenge, which started after the Home Ministry initially refused in 2007 to return three boxes of books — which were not meant for sale and were only meant for the church’s children — to SIB.
Based on Malay Mail’s search yesterday of court documents in public records, SIB and its president Rev Datuk Jerry Dusing had on April 25 this year filed a notice of discontinuance for the court case.
With the notice of discontinuance, this means SIB has as of April 25 ended its entire court action against the home minister and the Malaysian government.
The notice of discontinuance did not state the reason why the Sabah church decided not to continue with its lawsuit.
The SIB case was one of three high-profile cases in Malaysia involving the government’s ban on the use of the word “Allah” in Christian publications in Malaysia.
With SIB’s dropping of the case, there are now no longer any outstanding court cases involving the local Bahasa Malaysia-speaking Christian community’s right to use the word “Allah” in publications for Christians.
The word “Allah” is Arabic for God and had been adopted into the Malay language, and had been used for generations and hundreds of years by Malay-speaking Christians in the country — especially the natives or Bumiputera community of Sabah and Sarawak and Orang Asli in the peninsula — in the practice of their religion and professing of their faith.
Based on court documents obtained by Malay Mail through file search, the word “Allah” has been documented as having been used in Bahasa Malaysia and Bahasa Indonesia in Christian publications, including as early as in the year 1629 and in the first and second complete Bible in Malay in the years 1733 and 1879 and with continued use until today.
Events leading to the SIB court case
Here’s what happened, based on court documents and news reports:
On August 15, 2007, an SIB staff member was flying from Indonesia back to Kota Kinabalu in Sabah with three boxes of educational materials for Christian children, but the Royal Malaysian Customs Department (RMCD) seized those boxes when the staff member was transiting at the Low-Cost Carrier Terminal (LCCT) airport at Sepang.
That same day, RMCD issued a notice to SIB, which said those detained educational materials would be referred to the Home Ministry.
Initially writing to the RMCD on August 16, 2007 and after being told that the publications had been handed over to the Home Ministry, SIB on August 24, 2007 wrote to the Home Ministry to ask for the return of the publications and explaining that the staff member was entrusted with bringing these books back to Sabah for educational use for the church’s children.
Despite SIB stating that the publications were not for sale, the Home Ministry on September 10, 2007 replied that it had decided to reject the importing of the publications.
The Home Ministry said these seized publications were unsuitable for circulation in Malaysia — even if it was meant for education and circulation within the church — as they contained the word “Allah”.
On October 24, 2007, the Home Ministry replied to SIB’s September 20 appeal, with the ministry describing the government as having decided on May 19, 1986 that four words — “Allah, Kaabah, Solat and Baitullah” — are exclusive to Islam and cannot be used in non-Muslim publications except to explain Islamic concepts. The ministry said the government had through a December 5, 1986 circular informed this ban to Christian publishers.
Following a lengthy explanation on why SIB’s boxes of materials had to be detained, the Home Ministry said all non-Muslim publications — whether imported or published in Malaysia — which have any of these words are prohibited from circulation in Malaysia.
Based on other court documents, the May 19, 1986 and December 5, 1986 government documents actually specified the prohibition of the word “Allah” in Christian publications, instead of in non-Muslim publications in general.
On December 10, 2007, SIB and its president then filed a legal challenge through a judicial review application at the High Court in Kuala Lumpur, naming the two respondents as the home minister and government of Malaysia and seeking 18 specific court orders.
Among other things, SIB was seeking for the court to quash the home minister’s decision to refuse importation and withhold the Christian books, and to order the home minister to return the publications, along with multiple declarations on SIB’s constitutional rights — including to use the word “Allah” in religious publications to educate their children about their religion.
What happened in the last 15 years?
On January 25, 2008, the Home Ministry returned the publications to SIB, allowing them to be distributed on the condition that the front page had to be stamped with the symbol of the “cross” and “Penerbitan Kristian” (Malay for “a Christian publication”).
After the seized publications were returned to SIB, the Sabah church decided to only pursue 13 of the court orders it was seeking, which involved constitutional rights involving matters such as freedom of religion, equality before the law and prohibition of being discriminated against on the ground of religion.
For lawsuits filed through judicial review, the court would only proceed to hear the actual lawsuit, if it grants leave to hear the case.
The High Court in May 2014 did not grant SIB leave to have its lawsuit heard, but the Court of Appeal in October 2014 decided to grant leave and sent the case back to the High Court for a hearing on 16 court orders it sought.
The court orders that the Court of Appeal allowed SIB to pursue included declarations that the church and its Bahasa Malaysia-speaking members have the right to use the word “Allah” in the Malay and Indonesian translations of the Bible and in religious publications, in line with the constitutionally-guaranteed right to freedom of religion and also in the exercise of their right to instruct their children in their religion.
The SIB was also seeking declarations that its members could have access, own, use and import published materials — even with the word “Allah” — in the exercise of their freedom to practise their religion, as well as a declaration that the government’s 1986 ban on the word “Allah” in non-Muslim publications is unconstitutional and invalid.
Before the High Court could start hearing SIB’s lawsuit on its merits, the Federal Territories Islamic Religious Council (Maiwp) on August 11, 2015 applied to be an intervener in the lawsuit.
Maiwp was initially allowed in February 2016 to join the lawsuit, but the Court of Appeal on September 30, 2016 ruled that Maiwp could not intervene but could be amicus curiae or assist the court.
The High Court’s hearing of the SIB’s main lawsuit did not start immediately, as SIB was pursuing a related court application for the government to disclose and produce two sets of documents — including documents such as letters and meeting minutes containing the reasons for the government’s 1986 ban of the word “Allah” in non-Muslim publications.
The High Court in October 2017 dismissed the SIB’s bid for the documents as such documents were classified under the Official Secrets Act and as the court felt it was not necessary for such documents to be disclosed for judicial review, while the Court of Appeal in October 2020 dismissed the Sabah church’s appeal on the bid to have the documents disclosed.
By March 2021, SIB decided not to pursue the disclosure of the documents at the Federal Court, following the High Court’s decision that month in a separate case involving a Sarawakian Bumiputera Christian — Jill Ireland Lawrence Bill — that quashed the government’s 1986 ban on the word “Allah” in Christian publications.
SIB’s main lawsuit or the judicial review later went through a series of case management throughout the years, and was initially scheduled to finally be heard in the High Court on May 29 this year. But the case has now been withdrawn as of April 25.
On Monday, it was reported that the home minister and Malaysian government had withdrawn their appeal at the Court of Appeal against the High Court’s March 2021 decision in Jill Ireland’s case. The appeal was withdrawn on April 18 this year.
In Jill Ireland’s case, her eight compact discs — containing the word “Allah” in their titles and meant for her personal religious use — were seized in May 2008 at the LCCT airport upon her arrival from Indonesia. Ultimately, the High Court in 2021 ruled in her favour, but purely on legal and factual grounds without going into theology or religious debate.
As for the other case involving “Allah”, the Home Ministry in 2007 banned the local Catholic Church from using the word “Allah” in its weekly paper Herald’s Bahasa Malaysia section — meant for its Bahasa Malaysia-speaking church members.
The Catholic Church won at the High Court in 2009, but the Court of Appeal in 2013 and the Federal Court in a 4-3 decision in 2014 ruled in the Home Ministry and the government’s favour. On January 21, 2015, the Federal Court’s five-judge panel declined to have a fresh panel of judges review the 4-3 decision.
(End)
6. The Online Citizen（https://www.theonlinecitizen.com/2023/05/17/malaysian-home-ministry-withdraws-appeal-against-high-courts-2021-ruling-on-allah-in-christian-publication/?fbclid=IwAR3enOTVzTEU53TM0FOXQTvlK5z9fZw40Rmk9X9Y6bijufKDZnJNmW5Vb3w）
Malaysian Home Ministry withdraws appeal against High Court’s 2021 ruling on ‘Allah’ in Christian publication
by Yee Loon
17 May 2023
MALAYSIA — The Home Ministry of Malaysia has withdrawn its appeal against the High Court’s decision in March 2021, which overturned the government’s ban on the use of the word “Allah” in Christian publications throughout the country.
Datuk Seri Saifuddin Nasution Ismail, the current Home Minister under Anwar’s administration, explained that his Ministry made the decision due to “contradiction found between a Home Ministry administrative order and a Cabinet decision made in 1986″.
The court record shows that The Attorney-General’s Chambers, representing the Home Ministry, notified the Court of Appeal that they would not pursue the appeal.
According to Malaysia English media outlet The Star, the Home Minister clarified that the court’s decision was based on an administrative approach and not a theological standpoint, as the court is not deemed appropriate to decide matters related to religion specifically.
“This is because the function of the Court itself is not appropriate to decide matters related to religion specifically,” he explained the matter to the reporters on Tuesday (16 May).
In Malaysia, the legal system consists of both civil courts and Shariah courts, the latter being responsible for matters concerning Islamic law.
The Home Minister said in the 10 March 2021’s judgement, it is c lear that the Judge made a decision “based on an administrative approach” and it was found to be consistent with the decision of the Federal Court in the case of the Titular Roman Catholic Archbishop of Kuala Lumpur vs the Home Affairs Minister in 2014.
“Regarding this, the Government’s decision not to proceed with the appeal is made on a case-by-case basis; without affecting the facts of each case that is currently in court,” he added.
Saifuddin added that the government intends to review and update a comprehensive directive on the use of words like “Allah” to align with the interests of the multi-racial and multi-religious community in Malaysia.
Malaysian PM acknowledges rights of Christians in Sarawak
In the meantime, when responding to the Home Ministry’s decision to withdraw its appeal in the case, Malaysia Prime Minister Datuk Seri Anwar Ibrahim acknowledged that Christians in Sarawak can use the word “Allah,” but restrictions remain for non-Muslims in other states.
“The court had ruled (in favour of Sarawak) and we must understand that it is Sarawak’s prerogative,” he said in an event on Tuesday.
However, Baru Bian, a lawyer and a state assemblyman in Sarawak challenged the Prime Minister’s statement, emphasizing that the High Court’s ruling applies to the entire country and not just Sarawak.
“The judgment of the High Court applies throughout the whole of Malaysia,” he reiterated.
One of the high-profile cases in Malaysia
On May 11, 2008, Malaysia’s Home Ministry seized eight educational CDs and books from Jill Ireland Bill, a Sarawak Christian of the Melanau tribe, at an airport in Sepang.
The CDs containing titles including ‘Cara Menggunakan Kunci Kerajaan Allah’, ‘Cara Hidup Dalam Kerajaan Allah’, and ‘Ibadah Yang Benar Dalam Kerajaan Allah’, which Jill brought back from Indonesia.
In August 2008, Jill Ireland filed a lawsuit against the Home Minister and the Malaysian government, challenging their decision to confiscate the materials.
This legal battle spanned over a decade and focused on Jill Ireland’s constitutional rights to freely practice her religion and seek recognition for those rights.
A significant breakthrough came on 10 March 2021, when the Malaysian High Court delivered a landmark ruling in favour of Jill Ireland.
The court granted her the right to use the word “Allah” in her religious education, overturning a 1986 directive by the Home Ministry that prohibited its use in Christian publications.
During the ruling, Judge Datuk Nor Bee stated that the four Arabic words, including “Allah,” could be used by Christians in their publications, provided it is clearly indicated as “For Christians Only” on the front page.
The judge deemed the 1986 directive “illegal and unlawful,” as it lacked justification on the grounds of public order or potential confusion.
Furthermore, the judge pointed out that the use of the word “Allah” in Bahasa Malaysia by the Christian communities of Sabah and Sarawak since 1629 had not caused any significant problems leading to public disorder over the centuries.
Sabah church drops its 16-year-long legal challenge
While the High Court made landmark decision for Sarawak’s Jill Ireland case, Malay Mail reported on Wednesday (17 May) that a Sabah church, Sidang Injil Borneo’s (SIB), has chosen to end its 16-year-long legal challenge against the Malaysian government’s 1986 ban on the use of the word “Allah” in Christian publications.
SIB’s case was linked to the Home Ministry’s 2007 decision to seize and withhold the release of the church’s Christian educational materials containing the word “Allah.”
On 15 August 2007, the customs department seized three boxes of educational materials belonging to SIB at the Low-Cost Carrier Terminal (LCCT) airport in Sepang.
Despite SIB’s explanation that the materials were intended for educational purposes within the church and not for sale, the Home Ministry initially refused to return them, citing a directive from 19 May 1986.
However, in January 2008, the Home Ministry returned the publications to SIB with the condition that they could only be distributed if the front page was stamped with the symbol of the “cross” and labelled as a Christian publication.
Despite this, SIB decided to continue pursuing the case, which involved constitutional rights such as freedom of religion, equality before the law, and protection against religious discrimination.
The legal process surrounding the case has been ongoing since 2008 and continues to the present day.
(End)
7. Free Malaysia Today（https://www.freemalaysiatoday.com/category/nation/2023/05/19/sabah-sarawak-christians-can-continue-to-use-allah-says-minister/?fbclid=IwAR2SQwx5QbFBhxNMdN1P04QzEGSjI3-wYootr8o-Rn3B52l1NH4LcKh0PeI）
Sabah, Sarawak Christians can continue to use ‘Allah’, says minister
Upko president Ewon Benedick says the Cabinet has agreed to maintain the ‘status quo’.
by FMT Reporters
19 May 2023
PETALING JAYA: The Cabinet has agreed that the policy allowing Christians from Sabah and Sarawak the right to use the word “Allah” in all religious services and literature will continue, says Upko president Ewon Benedick.
Ewon, who is also entrepreneur development and cooperatives minister, said the matter was raised in the Cabinet for discussion with Prime Minister Anwar Ibrahim before coming to an agreement on the “status quo”, The Borneo Post reported.
“Christians in Sabah and Sarawak, or from the two states, may use the word ‘Allah’ during their prayers.
“They may also use the word in their publications of religious materials but the materials have to be stamped with a ‘For Christians Only’ seal,” he was quoted as saying in Kota Kinabalu when distributing aid to schools around his constituency.
Ewon, who is Penampang MP, said that even though Malaysia’s official religion is Islam, Malaysians of other faiths must also be allowed to practise their belief in peace and harmony.
Anwar recently said that the word “Allah” can only be used by Christians in Sarawak to publish religious materials.
The move invited debate and criticisms from Sabahans, seeing that they have used the word to worship for centuries too.
It was previously reported that the Christian community in Sabah and Sarawak had been using the word for about 400 years, for religious services and literature in their native language and in the Malay language too.
In 2011, then prime minister Najib Razak allowed over 35,000 new copies of the Malay-language Bible, or Al-Kitab, that had been impounded in Kuching and Port Klang by the home ministry to be released but on the condition that the words “For Christians only” be stamped on each book.
Then, in October 2013, following the ruling by the Court of Appeal that the Roman Catholic church could not use the word “Allah” in the Malay edition of its weekly, Herald, Najib said the decision on the use of the word “Allah” does not affect Christians in Sabah and Sarawak.
(End)
8. Free Malaysia Today（https://www.freemalaysiatoday.com/category/nation/2023/05/19/state-bans-on-religious-words-may-be-unconstitutional-says-multi-faith-body/）
State bans on religious words may be unconstitutional, says multi-faith body
The council of non-Muslim religions says intent of propagation to Muslims must be present before any ban under state law can be considered.
by FMT Reporters
19 May 2023
PETALING JAYA: A multi-faith group says the banning of several religious words under state laws may be unconstitutional as it goes beyond the scope of the Federal Constitution.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism said most states have passed enactments to prohibit non-Muslims from using between 20 to 40 words.
The state bans had relied on Article 11 (4), the constitutional provision that permits Parliament and state assemblies to place restrictions on propagating any religious doctrine or belief among Muslims.
However, the council said “propagation of any religious doctrine” to Muslims must be present for any of these banned words to come within the ambit of prohibition.
If no propagation was involved, the mere use of the currently restricted words for personal learning should not fall within the scope of Article 11 (4), the council said.
Section 9 of the state enactments, which bans certain words even when there is no propagation involved “will be unconstitutional and is beyond the power given by Article 11 (4),” the council added.
The council urged the government to declare that Section 9 of the respective state enactments are unconstitutional, to protect the rights of all individuals in line with the Federal Constitution.
The statement by the multi-faith body comes after the government confirmed it had decided to abandon an appeal against a lower court ruling on a Sarawakian woman’s right to use the word “Allah” in her religious learning.
In a landmark decision in 2021, the Kuala Lumpur High Court upheld Jill Ireland’s right to use the word “Allah” in her religious education. The home ministry filed an appeal, but the attorney-general’s chambers informed the Court of Appeal on April 18 that it did not wish to pursue the matter.
(End)
9. Daily Express（https://www.dailyexpress.com.my/news/213175/govt-withdrew-allah-appeal-as-it-was-futile-due-to-current-policy-rulers-decision-pm/）
Govt withdrew ‘Allah’ appeal as it was futile due to current policy, Rulers’ decision: PM
by Ida Lim（The Malay Mail）
20 May 2023
KUALA LUMPUR: Persisting with an appeal in the “Allah” court dispute with a Sarawakian Christian would have been futile after a 1986 Cabinet and the Conference of Rulers had decided that non-Muslims in Sabah and Sarawak could use the word under certain conditions, according to Datuk Seri Anwar Ibrahim.
The prime minister was explaining his government’s recent decision to drop the case, which has revived a long-simmering debate about the use of the Arabic word for God in Malaysia.
“If one insists on going to court knowing very well that there is no case, then it can only mean that he is not wise,” he was quoted by The Star as telling reporters in Rembau, Negeri Sembilan yesterday.
Anwar asked how his government could continue to appeal the High Court ruling in favour of the Sarawakian Christian Jill Ireland Lawrence Bill, when it knows of the existing policy on the use of the word “Allah”.
“The government had already agreed in 1986 and the Malay Rulers had given their consent allowing the use of the word ‘Allah’ by non-Muslims in Sabah and Sarawak under certain conditions.
“It was also decided (then) that only non-Muslims in the peninsula were prohibited from using ‘Allah’,” he was quoted as saying.
Anwar also said he has informed the Yang di-Pertuan Agong that the current Cabinet took note of the 1986 decision and that it plans to suggest slight changes to avoid court disputes in the future.
He added that the Agong has consented for the recommendations to be presented to the Conference of Rulers.
Anwar said the 1986 decision continues to apply now, but said his government would comply if the Malay Rulers want to make changes and decide that non-Muslims cannot use the word “Allah”.
Anwar also questioned the backlash against his administration for upholding the law, noting that some of the most strident critics were members of the previous government.
“I would like to ask why the other governments before this, including those in power two or three years ago, did not do anything about it?”
Anwar said his government remains committed to safeguard and strengthen the position of Islam in the country.
He said his administration had increased the budget for Islamic schools this year compared to the previous administration’s allocation.
On April 18, the government and the home minister withdrew its appeal against the High Court’s 2021 decision in Jill Ireland’s case, which had quashed the Home Ministry’s December 1986 directive which banned the use of the word “Allah” in Christian publications in Malaysia.
The High Court had declared the Home Ministry’s December 1986 directive to be “unconstitutional and unlawful”, as it contradicted and was inconsistent with the Cabinet’s May 1986 policy decision regarding the use of the word “Allah”.
The High Court’s 2021 decision did not touch on theology or religious debate, but was based purely on legal and constitutional issues as well as all available evidence presented in court including historical documents — which documented the use of the word “Allah” in Christian publications in Malay as early as the year 1629.
News of the appeal withdrawal was reported on May 15, which was confirmed by Home Minister Datuk Seri Saifuddin Nasution Ismail.
Yesterday, Saifuddin took to Twitter to explain that the court case involved an administrative issue linked to the government’s 2008 seizure of eight compact discs from Jill Ireland.
The eight CDs contained the word “Allah” and were for her personal use as she was a Melanau Christian whose primary language was Bahasa Malaysia.
Saifuddin said that the Anwar administration would as a “responsible government” study a more comprehensive directive to handle the issue of the usage of the word “Allah”, since the old Home Ministry directive in 1986 – which contradicted the Cabinet’s May 1986 decision – could not be used or applied.
The word “Allah” is Arabic for God and had been adopted into the Malay language, and had been used for generations and hundreds of years by Malay-speaking Christians in the country — especially those from Sabah and Sarawak — in the practice of their religion and professing of their faith.
(End)
10. Daily Express（https://www.dailyexpress.com.my/news/213105/state-bans-where-no-propagation-involved-is-unlawful-/?fbclid=IwAR2SQwx5QbFBhxNMdN1P04QzEGSjI3-wYootr8o-Rn3B52l1NH4LcKh0PeI）
State bans where ‘no propagation involved is unlawful’
by FMT
20 May 2023
In a landmark decision in 2021, the Kuala Lumpur High Court, had upheld Jill Ireland’s right to use the word “Allah” in her religious education. – Pix by The Kuala Lumpur Bar Committee
PETALING JAYA: A multi-faith group says the banning of several religious words under state laws may be unconstitutional as it goes beyond the scope of the Federal Constitution.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism said most states have passed enactments to prohibit non-Muslims from using between 20 to 40 words.
The state bans had relied on Article 11 (4), the constitutional provision that permits Parliament and state assemblies to place restrictions on propagating any religious doctrine or belief among Muslims.
However, the council said “propagation of any religious doctrine” to Muslims must be present for any of these banned words could come within the ambit of prohibition.
If no propagation was involved, the mere use of the currently restricted words for personal learning should not fall within the scope of Article 11 (4), the council said.
Section 9 of the state enactments, which bans certain words even when there is no propagation involved “will be unconstitutional and is beyond the power given by Article 11 (4),” the council added.
The council urged the government to declare that Section 9 of the respective state enactments are unconstitutional, to protect the rights of all individuals in line with the Federal Constitution.
The statement by the multi-faith body comes after the government confirmed it had decided to abandon an appeal against a lower court ruling on a Sarawakian woman’s right to use the word “Allah” in her religious learning.
In a landmark decision in 2021, the Kuala Lumpur High Court, had upheld Jill Ireland’s right to use the word “Allah” in her religious education. The Home Ministry filed an appeal, but the Attorney-General’s chambers informed the Court of Appeal on April 18 that it did not wish to pursue the matter.
The MCCBCHST said the Federal Constitution’s Article 11(4) will only allow state governments to prohibit usage of words by non-Muslims when there is propagation of religious beliefs to Muslims, and that there cannot be a ban when non-Muslims are merely using those words for themselves and without propagation to Muslims.
“Therefore, there has to be ‘propagation of any religious doctrine’ to Muslims to come within ambit of prohibition. Mere usage of words without Propagation to Muslims cannot come within Ambit of Article 11(4) of the Federal Constitution.
“In view of the above, the mere use of words for own learning without any propagation to Muslims cannot come within scope of Article 11(4). This, prima facie would mean that Section 9 of State Enactments which bans certain words even when there is no propagation involved will be unconstitutional and is beyond the power given by Article 11(4),” the MCCBCHST said in a statement.
For example, MCCBCHST said the Selangor state government’s “Non-Islamic Religions (Control of Propagation Amongst Muslims) Enactment 1988 — which took effect on July 7, 1988 — bans non-Muslims from using 25 words including “Allah”, but argued that some of these banned words are part of everyday use and it would be unreasonable to prohibit such use.
The MCCBCHST said no other country in the world has banned the use of the word “Allah” by non-Muslims, and Perlis mufti Datuk Mohd Asri Zainul Abidin had in a viral video said that the word “Allah” predates Islam, does not have religious connotations, and has been politicised.
The MCCBCHST urged the Cabinet to consider its arguments that Section 9 of state laws in Malaysia — which prohibit words like “Allah” for non-Muslim religions — have gone beyond what is allowed under the Federal Constitution’s Article 11(4) and are unconstitutional.
“The MCCBCHST therefore appeals to the prime minister and the Cabinet to consider the constitutionality of Section 9 of the State enactments which have been shown above to be outside the scope of Article 11(4) and thus ultra-vires.
Saying that it firmly upholds the Federal Constitution and the Rukun Negara including the principle of the supremacy of the Federal Constitution, the MCCBCHST urged the government to protect Malaysians’ rights according to the Constitution.
There were three high-profile court cases involving the Malaysian government’s prohibition of the use of the word “Allah” by Christians, with the first involving the Home Ministry’s 2007 ban of the word “Allah” in the local Catholic church’s weekly paper Herald’s Bahasa Malaysia section meant for its Bahasa Malaysia-speaking church members.
The two other cases involved the Home Ministry’s 2007 seizure of Sabah church SIB’s three boxes of Christian educational materials containing the word “Allah” — which were not for sale and meant for the church’s children, and the government’s 2008 seizure of eight compact discs containing the word “Allah” — which were meant for personal religious use — from a Sarawakian Bumiputera Christian, Jill Ireland Lawrence Bill.
The word “Allah” is Arabic for God and had been adopted into the Malay language, and had been used for generations and hundreds of years by Malay-speaking Christians in the country — especially natives of Sabah and Sarawak — in the practise of their religion and professing of their faith.
(End)
。。。。。。。
本件のパターンに加わった変化を記す。
係争問題が発生すると、首相や大臣の中には、「自分はクリスチャンの“Allah”使用に反対はしないけど」「サバやサラワクの（文化程度の遅れた先住民族）クリスチャン達が“Allah”を使用することは構わないけど」等と、非論理的で前近代的な言い訳がましい発言をする人が、1990年代から時に存在はした。だが、「では、この理不尽な州法を撤廃しようか」とは絶対にならない。これら非合理な一連の州法は、ムスリム支配者層にとって、いわば「奥の手」なのである。
イスラミストとして注目されていたアンワル・イブラヒム氏が首相となった現在、一連の係争を「無益だ」と一蹴した。
（http://itunalily.jp/wordpress/wp-admin/post.php?post=3840&action）
2022年11月26日
「アンワル・イブラヒム第10代首相」
（http://itunalily.jp/wordpress/wp-admin/post.php?post=4590&action）
2023年4月12日
「マレーシア首相とイスラム主義」
だから、1980年代以降、頭脳流出が絶えないマレーシアなのである。
。。。。。。。
最後に。
（https://twitter.com/ituna4011/status/1660149985353293827）
Lily2@ituna4011
“その人の奥さんまで「ユーリさんの内面に他人と対決したい気持ちが存在するから、マレーシア人も対立しているように見えるんじゃないですか」と言われたのです。いくら何でも、そういう言い方はないんじゃないでしょうか。”
2:06 PM · May 21, 2023
（https://twitter.com/ituna4011/status/1660164056844746752）
Lily2@ituna4011
これは、2003年7月のことだった。20年前の話である。 当時の発言の責任を取っていただきたい。 その話を聞いて、うちの主人は国際電話（当時は携帯がなかった）で怒髪天を衝く勢いで怒っていた。
3:02 PM · May 21, 2023
（転載終）
このズレまくり、もう笑うしかない。
（2023年5月21日記）