Day: October 18, 2013

Mohamed Hanipa Maidin
Malaysiakini
Oct 17, 2013

MP SPEAKS Freedom of religion as enshrined in Article 11 of the federal constitution has never been absolute. Nowithstanding that, the constitution definitely allows Christians to use ‘Allah’ in their Catholic weekly publication The Herald.

Thus, it is indeed shocking to learn that the Court of Appeal unanimously invoked the constitutional ground to affirm the decision of the home minister in preventing The Herald from using the word Allah in its publication.

As far as I am concerned, the issue is rather simple and straightforward, namely whether Allah exclusively belongs to Muslims. If the answer is in the affirmative, then it is the end of the matter.

In other words the Christians or other religious adherents do not have any constitutional right to use Allah’s name. The rule is so simple – you cannot claim any right which is not yours in the first place.

Truth to be told, Allah is not the exclusive possession of any Muslim. The non-exclusivity of Allah to the Muslims is in fact derived from the Muslim’s main sources of guidance, which are the Quran and the hadith. Continue reading “Is ‘Allah’ issue interpreting the constitution or a will?”

– Sakmongkol AK47
The Malaysian Insider
October 18, 2013

We do not have to wait for GE14 to oust Prime Minister Datuk Seri Najib Razak and Barisan Nasional (BN). Nor have we reached a stage where conscientious lawmakers forget about being partisan and agree on a vote of no confidence against the PM. BN presently has the numbers and has the support of an equally partisan speaker.

Any motion of no confidence will be defeated. Jeffrey Kitingan’s talk about secession is super brave. It can be seditious or can be treated so. If the government wants to, it can treat Kitingan’s proposal as seditious. Umno and BN foot soldiers will likely do what they normally do – make police reports against Jeffrey and others dong the same brave talk.

If you look at point 7, it says there is no right of secession. What do Sabahans and Sarawakians want? Since secession is not possible, the next best thing is to kick out the Federal government which is the source of much of the East Malaysians’ discontent. Work with people who can make that possible. Continue reading “Don’t secede, just leave BN!”

— Clive Kessler
The Malay Mail Online
October 16, 2013

OCT 16 — The more I think about the Court of Appeal’s recent judgment in the case of the government’s appeal against the lower court’s determination in favour of The Herald, the crazier, and more infuriatingly wrong-headed, it seems.

The legal reasoning of Justice Mohamad Apandi Ali seems not just “innovative” but arguably bizarre and, to the historically minded, even absurd. It seems hardly sustainable.

It rests upon and promotes the radical idea that the enjoyment by minorities of their religious freedom “in peace and harmony” was, as a form of words, not intended as a constitutional guarantee or assurance to them but as a way of making that freedom of theirs subject to the pleasure, discretion and the inflationary whims of the majority.

With that “contrarian” spin, these words are now made to serve as the practically enabling condition or mechanism of the minority’s subordinate and infinitely ever more constrainable situation.

That is to say, of a situation where the exercise of any of the potential freedoms of religious conscience that the minority might claim is now to be made conditional upon continuing, and always revocable, majority consent — upon the majority’s increasingly reluctant and unlikely forbearance. Continue reading “Strange reasoning”

Has Prime Minister Datuk Seri Najib Razak’s 1Malaysia Policy degenerated in four years into a 2Malaysia Policy with different interpretations of the constitutional guarantee of freedom of religion for two different regions in Malaysia?

This is a question that cries out for answer after the Minister in the Prime Minister’s Department Tan Sri Joseph Kurup told Sin Chew Daily that the Cabinet had decided after the Court of Appeal judgment on the “Allah” case that in keeping with the earlier 10-point solution, the word “Allah” can be used by Sabahan and Sarawakian Christians in their worship, including in the Malay-language bible Al-Kitab.

Many queries have been spawned, including whether the Cabinet can override the Court of Appeal judgment by executive fiat, which no lawyer, whether in Cabinet, government, Parliament or in the country would ever claim.

What then is the legality, legitimacy and longevity of the Cabinet decision attempting to override the Court of Appeal “Allah” judgment? Continue reading “Has Najib’s 1Malaysia Policy degenerated in four years into a 2Malaysia Policy with different interpretations of constitutional guarantee of freedom of religion for two different regions in Malaysia?”