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[Tempatan] ‘Allah’ ban unconstitutional, discriminatory and unlawful, court told

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Post time 20-10-2017 09:41 AM | Show all posts |Read mode
KUALA LUMPUR: The 1986 Government Directive, which dictates the absolute prohibition on the use of the word “Allah”, is unconstitutional, the High Court was told today.

Counsel Lim Heng Seng, who is appearing for Jill Ireland, a Melanau Christian, in her judicial review application seeking a declaration that she had the right to keep, use and import published materials containing the word “Allah”, said the directive went against Article 11 of the Federal Constitution, guaranteeing freedom of religion.

Lim said as a result of the directive, the rights of the Bahasa Malaysia speaking Christian community to practise their religion have been impacted.

“They are not merely restricted but also denied their fundamental right to practise their religion by having access to their Holy Scriptures and other Christian religious literature.

“What it means is you can call upon God with your mouth, but the word Allah cannot be used in publications and other Christian literature.

“If they can profess God with their mouths, then they must also be allowed to use Allah in their literature. Freedom to practise religion means one must have access to such publications,” he said in his submissions before Justice Nor Bee Ariffin today.

Ireland had named the home ministry and the government as respondents.

Lim also argued that the blanket ban of the use of the word “Allah” was neither proportionate nor reasonable.

“Here is a case of their rights being taken away without giving them a chance to be heard.

“It is done without any regard for a community who has been doing this for many generations,” he said, referring especially to the Christian communities from Sarawak and Sabah.

Lim also said the term Allah has been used in all aspects of the Bahasa Malaysia-speaking Christian community’s practice of their faith, from the earliest days owing to BM being the lingua franca of the region among the native peoples as well as the consequence of the successful implementation of the National Education Policy.

He said it was unacceptable and repugnant that the Christians who are the products of the national education system are now being penalised for being educated under the very policy of the federal government.

He further stated that the directive was discriminatory towards the BM-speaking Christian community, who are a minority faith community in Malaysia, in spite of the word Allah being common in both Islam and Christianity.

Lim also said that there is simply no evidential cases that the use of the word “Allah” since the 1600s until today has sparked any public disorder, with the exception of what happened following the Catholic-Herald decision in 2010.

He was referring to the grounds provided for the ban, under the purported exercise of powers under Section 7 of the Printing Presses and Publications Act (PPPA), which are public disorder and preventing any misunderstandings between Muslims and Christians.

Lim said no one knew the real reason for the ban, with the minister just saying it is to avoid misunderstandings and confusion.

Lim stated the pertinent question was if the perceived problem can be resolved by banning the word “Allah”.

“The use of the word for generations until today had not caused any prejudice to public order on the purported reason of confusion and religious sensitivity.

“Even if there is any confusion, such could be resolved by adequate education by state religious authorities and inter-religious dialogues and accommodation,” he said.

Lim said the circular on the ban, according to the minister, remains in force and has not been withdrawn, which in essence means that “they are stating unequivocally that they will continue to seize any Christian publications with the word ‘Allah’.”

Lim also claimed the directive was unlawful, as Section 7 or any other provisions of the PPPA does not authorise the respondents to issue a blanket ban of any word from being used.

The directive, he noted, has been elevated to and applied as though it was law.

Lim was assisted by Annou Xavier and Mansor Saat, while government lawyer Shamsul Bolhassan appeared for the respondent.
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Post time 20-10-2017 09:49 AM | Show all posts
hanya di malaysia.......
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Post time 20-10-2017 10:22 AM | Show all posts
kalimah allah asli perkataan ciptaan melayu malaysia ,bangse  lain tak boleh klaim
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Post time 20-10-2017 10:30 AM From the mobile phone | Show all posts
Edited by finesse at 20-10-2017 10:32 AM

Jelas bangsa mana yg x nak bersatu dgn org lain.. Bila org tak pandai cakap bahasa Malaysia, dia meroyan. Tp dia sendiri tak mahu bahasa Malaysia diguna dlm setiap aspek kehidupan bangsa2 lain. Ummah ini kekeliruan. Mohon haramkan penggunaan kata sembahyang (sembah + berhala), ibu pertiwi (bumi+dewa bumi), dll. Susah bila ada bangsa yg buta ilmu linguistik sehinggakan konsep pokok dlm bahasa iaitu konteks pun tak boleh nak hadam. Padanan wuduk dlm bahasa inggeris ablution iaitu istilah drpd agama kristus. Tiada pula ummah kristus meroyan dan ummah Islam pula begitu asyik guna ablution.  Sis senyum saja melihat pemikiran, kebodohan dan prejudis ummah pertiwi.

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Post time 20-10-2017 04:40 PM | Show all posts
nak setelkan benda ni senang je..... keluarkan sabah sarawak dari Malaysia  
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Post time 20-10-2017 04:44 PM From the mobile phone | Show all posts
sebelum ni pun tak guna Allah.  

Takde org kisah kalau dari dulu dah pakai Allah,  tp sebenaunya lepas kejayaan penggunaan Allah sejak tahun 90an di Indon yg diorang excited nak pakai.  ye lah dalam ugama dioranv pun kalau convertkan org masuk syurga gitu.
tp kalau nak pakai jangan sentap kalau lepas ni nampak tulisan Allah merata2 kat malaysia ni on signboard dan sebagainyer.  ni tak,  nak pakai Allah tp azan komplen.
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