The Bahasa Malaysia-speaking Christian community would not pose a threat to public order by using the word of "Allah" as part of their religious practice, the Kuala Lumpur High Court heard today.
Lawyer Lim Heng Seng argued that instead, the ones who were threatening public order were those who protest against such practices or are attacking Christian places of worship.
"If there is any threat to public order, (it is) by a (small) fraction of the Muslim community. For instance, (they make) accusations, holding demonstrations or attacking Christian holy places because of the use of the word 'Allah' by Christians in peace and harmony.
"It is that fraction of Muslims who are threatening public order and not the Christian community," said Lim, who is representing Jill Ireland Lawrence Bill.
Jill Ireland, from Sarawak, is suing the government for seizing eight CDs containing the word "Allah" in 2008.
Lim told the court that Christians in Sabah and Sarawak have been using the word "Allah" for over 400 years as part of their worship.
"(Now) someone decided this is offensive and held demonstrations. Who is the one posing the threat?
"Is that what the rule of law is? For us (the minority) to give in?" he asked Justice Nor Bee Arifin.
Rule of law vs 'little Napoleons'
Lim told the court that the 1986 government directive banning the use of the word "Allah" by non-Muslims on grounds of causing confusion and problems for public order was unconstitutional.
"It infringes (my client's) right to worship in Bahasa Malaysia, to practise their religion as guaranteed under Article 11 (1) of the Federal Constitution.
"It impacts negatively on their freedom to practise their Christian faith in peace and harmony in any part of the federation as guaranteed by Article 3 of the Federal Constitution when their Christian publications were seized, detained and impounded by officers," he added.
Under the same Article of the Federal Constitution, he said, the government couldn't even formulate laws in Parliament in relation to religions professed by non-Muslim.
He questioned which laws allowed the government to impose a ban on other religions.
"It was these 'little Napoleons' who maintained that this directive is law. It is not? Everything seems to be done by these 'little Napoleon' and where is the respect for rule of law?
"Where is the trust the people can place in the government?" he asked.
He also argued that Home Ministry had no basis to formulate such directive.
[More to follow]
-Mkini
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