State govt’s decision reflects religious freedom, says Masing

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KUCHING: Deputy Chief Minister Tan Sri Dr James Jemut Masing (pic) said the use of the word ‘Allah’ by Christians in Sarawak is non-negotiable.

“We can use it. The court shouldn’t have deferred on the issue anymore as far as Sarawak is concerned,” Masing said in his WhatsApp message.

He said the state government has made the decision on the use of the word ‘Allah’ by non-Muslims.
Masing added that the decision by the state government back in 2014 reflects the freedom of religion as enshrined in the Federal Constitution.

Back in early 2014, the then chief minister Pehin Sri Adenan Satem said that “there is no law in Sarawak that prevents Christians here from using the term ‘Allah’ to refer to God”.

“I will not permit such a law in Sarawak as long as I am the chief minister,” Adenan said during a meeting with the people at the Catholic Centre.

Masing was commenting on a decision by the High Court in Putrajaya to defer its ruling for the sixth time on whether Christians in Sabah and Sarawak can use the word ‘Allah’ in religious publications meant to educate members in their communities.

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It was reported in the media last Monday that senior federal counsel Shamsul Bolhassan said judge Nor Bee Ariffin allowed more time to find an administrative solution to the issue following a request by disputing parties.

“The matter need not proceed further if an administrative solution is found by both parties,” said Shamsul as reported by FMT after meeting Nor Bee in her chambers together with lawyer Lim Heng Seng who represented Sarawakian Jill Ireland.
Nor Bee, who is now a Court of Appeal judge here has fixed Oct 4 for parties to update her on the issue.

In 2008, Customs officers at the former low-cost carrier terminal in Sepang seized Ireland’s eight CDs entitled Cara Hidup Dalam Kerajaan Allah, Hidup Benar Dalam Kerajaan Allah and Ibadah Yang Benar Dalam Kerajaan Allah.

Ireland, a Melanau Christian, filed for a judicial review to reclaim the CDs, seeking several declaratory reliefs as well.
Nor Bee first reserved judgment last year, after hearing submissions from Lim and Shamsul in late 2017. The High Court initially fixed March 22 for the decision, but deferred it several times, the last being Nov 14, 2018.

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In 2014, the High Court ordered the Home Ministry to return the CDs to Ireland but declined to issue the declaration as it was bound by a Federal Court ruling.

The following year, the Court of Appeal upheld the ruling but ordered the High Court to hear Ireland’s application for the reliefs.
She is now seeking a declaration that her constitutional right to practise her religion was violated by restricting or banning the import of educational materials.

A Sabah church is also pursuing the right to use the word ‘Allah’ in religious education, and has written to the PH government to make an administrative ruling on the matter.

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