5. Court decision binding on all

All the CRIMINALS in Government are all unfit to stay in office- Joshua

 

Malaysia

Allah decision binding on all Malaysians, says retired AG Abu Talib

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
October 19, 2013

All Malaysians are bound by the Court of Appeal ruling on the Allah issue, says former attorney general Tan Sri Abu Talib Othman (pic), who is puzzled that Putrajaya believes the controversial judgment does not affect Christians in Sabah and Sarawak.
The appellate court agreed that the Home Minister could ban the word Allah in the Catholic weekly Herald, but two Cabinet ministers had insisted the decision did not include the Al-Kitab, the Bahasa Malaysia bible widely used in Sabah and Sarawak, and other Christian publications in East Malaysia.
"It has the effect of a binding precedent and all have to respect that decision, whether you agree or disagree," he told The Malaysian Insider, adding it was binding until set aside by the country's highest court, the Federal Court.

Abu Talib, who was the chief legal adviser to the government for 13 years from 1980, said there could be no two sets of law when "we have one nation and one supreme constitution".
"So, there cannot be exemptions given to Sabah and Sarawak on this religious issue based on region or state," he said.
Abu Talib said this in response to Cabinet ministers Tan Sri Joseph Kurup and Datuk Seri Dr Maximus Ongkili who had taken the position that Christians in the Borneo states were not affected by the appellate court ruling on Monday and could use the word in their religious practices.
The Muslim Lawyers' Association of Malaysia had also weighed in on the issue, saying the ban only applied to the Bahasa Malaysia section of the Herald.
Abu Talib said the central issue decided was whether people and institutions other than Muslims could use the word.
"The Court of Appeal has made a finding that the name Allah is not an integral part of the faith and practice of Christianity and, by that extension, the word is exclusive to Islam and Muslims," he said.
Abu Talib, who was Human Rights Commission (Suhakam) chair after retiring as AG, said in view of sensitivity of the issue, the Chief Justice of the Federal Court, Tun Arifin Zakaria, must give priority to this case which is of public interest.
"If not properly handled, this hot issue will give rise to further controversies as we live in multi-racial and multi-religious society," he said.
He said the matter must be brought to a finality and once the issue had been decided, "all must move forward".
"The position of Islam as the religion of the Federation and freedom of other religions could come under scrutiny if the merit of the appeal was heard in the apex court.
"It boils down to freedom of non-Muslims to practice their faith and any decision under the Federal Constitution binds all, irrespective of state and region," he said.
Abu Talib said there were irresponsible comments and responses following the Court of Appeal ruling with some bordering on contempt of court.
"You can criticise the judgment but there is limit to it. At the end of the day, the independence and integrity of the judiciary must be maintained and observed," he added. – October 19, 2013

4. who are more frightened of SS leaving Malaysia?

Activist detained in KL back in Sabah

Luke Rintod | October 18, 2013

Joseph Lakai, a senior member of SAPP, released after a grilling by authorities over his political comments on Facebook

KOTA KINABALU: A Sabah political activist, Joseph Lakai, who was detained by police in Kuala Lumpur two days ago over remarks he had made on the Internet about federal-state relations and politics, is back in Sabah.
Lakai, a pilot active on social media sites such as Facebook, was arrested by the authorities soon after he landed at Kuala Lumpur International Airport (KLIA) on Wednesday evening.
FMT was made to understand that Lakai was taken to an undisclosed investigation office where he was queried about his comments on Sabah rights, Malaysia Agreement, secession issue, religious freedom and other remarks.
A local lawyer, Peter Marajin told FMT that he received a call from Lakai yesterday (Thursday) confirming he was detained in the nation’s capital.
“He confirmed the news but he denied he was physically abused by the police,” said Marajin, alluding to rumours that he has been put under certain degree of psychological pressure during the investigation.
“Joseph is now being requested to report back to the police to clarify certain inaccurate postings on Facebook.
“He will be reporting to Karamunsing police station tomorrow (today, Friday),” said the popular lawyer who himself is an activist.
Lakai is a senior member of the Sabah Progressive Party (SAPP).

3. What is the crux of the matter?

Constitution or religion??  If religion, have the Judges the qualification to rule? We go to the civil court for Constitution decisions hence what is the Judgement all about?  Joshua

Monday, 14 October 2013 17:43

SHOULDN'T HE BE SACKED? Judge says Allah ruling to protect Islam as greatest threat is propagation of other religions

The insertion of the words ‘in peace and harmony’ into Article 3(1) of the federal constitution should be interpreted as the need to protect the sanctity of Islam as the main religion of the country and to insulate it against any probable threats, reasoned a senior judge.
Newly-elevated Federal Court judge Justice Mohamed Apandi Ali said the insertion was a by-product of the social contract entered into by the nation’s founding fathers.
“It is my judgment that the most possible and probable threat to Islam, in the context of this country, is the propagation of other religions to the followers of Islam,” he said in his 43-page judgment in the case involving the Malay edition of Catholic weekly The Herald.
“That is the very reason as to why Article 11(4) of the federal constitution came into place.”
He, along with Justices Abdul Aziz Abdul Rahim and Mohd Zawawi Salleh of the Court of Appeal, had unanimously allowed the government’s appeal to overturn a 2009 Kuala Lumpur High Court decision on the use ‘Allah’ by the publication.
Article 3(1), Justice Apandi said, has a chequered history as it was not part of the draft proposed by the Reid Commission, and was only inserted after objections, negotiations, discussions and consensus from all stakeholders.
The article reads: ‘Islam is the religion of the federation but other religions may be practised in peace and harmony in any part of the federation’
Lawyers for the church had argued that the home minister's ban on ‘Allah’ in the Malay edition of The Herald was against the spirit of this article.
Article 11(1) says every person has the right to profess and practise his religion and, subject to Clause (4) - which refers to state law - to propagate it.
In the Federal Territories, federal law may control or restrict the propagation of any religious doctrine or belief among Muslims.
Noting that freedom can never be absolute, Justice Apandi ruled that the alleged infringement by the home minister in not allowing the use of ‘Allah’ can be negated.
“Freedom cannot be unfettered, otherwise like absolute power, it can lead to chaos and anarchy. Freedom of religion, under Article 11(1) ... is subjected to Article 11(4) and is to be read with Article 3(1).”
Justice Apandi also pointed out that the word ‘Allah’ does not appear in the old and new Testaments.
“In the Bible, God has always been known as ‘Yahweh’. That being the historical fact, it can be concluded the word ‘Allah’ is not an integral part of the faith and Christianity practice, in particular that of the Roman Catholic Church,” he said.
“Due recognition must be given to the names given by their respective Gods in their respective holy books such as ‘Yahweh’ in the holy Bible, Allah in the holy Quran and Vishnu the God of the holy Vedas.”
Cabinet decision
Justice Abdul Aziz, concurring with Justice Apandi, said the cabinet had in 1986 outlawed the use of ‘Allah’ and three other terms to religions other than Islam, on the basis of potential harm to public order and safety.
In his 34-page judgment, he said the KL High Court judge who had allowed the Titular Roman Catholic Archbishop's application did not appear to appreciate this concern.
“There were attacks on churches and mosques recorded and this was deposed in the three affidavits filed after the High Court's decision for the purpose of this appeal.
“These affidavits by journalists who covered the events was not objected by the respondents (the Archbishop). Therefore, I am of the view that the government has reasonable basis for exercising the discretionary power to impose the condition.
“I am also of the view that it is not unreasonable for the government to take into consideration the special position of Islam as the religion of the federation.”
In his 25-page judgment, Justice Mohd Zawawi agreed that ‘Allah’ is not essential to or an integral part of Christianity.
“Therefore, the word does not attract a constitutional guarantee of Article 11(1) of the federal constitution. The question of translating God as ‘Allah’ is still being hotly debated among Christians worldwide.
“Allah is a proper name and the only God in Islam,” he said, going on to recite the Al-Ikhlas chapter of the Quran.
Justice Mohd Zawawi said if the word ‘Allah’ is to be employed in the Malay versions of The Herald to refer to God, there will be a risk of misrepresentation of God within Christianity itself.
This he said was because the Christian conception of God as symbolised by the Trinity is absolutely and completely dissimilar to the concept of Allah in Islam.
"In other words, the potential for confusion is not confined only to Muslims but also to Christians,” he said.
He said ‘Allah’ had been used in Malay translations of the Bible in 1912 and 1988 to replace ‘Yahweh’; in the Biatah translation used in Sarawak; and in the Tausug translation in Jolo, Philippines.
“However, the completely revised Malay(-language) Bible of 1996 restored the practice of translating ‘Elohim’ as ‘Allah’,” he said.
“It was said that this was at the advice of Malaysian church leaders who considered the translations of 1912 and 1988 as not being exegetically accurate.”

Full article: http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=174602:shouldnt-he-be-de-robed?-judge-says-allah-ruling-to-protect-islam-as-greatest-threat-is-propagation-of-other-religions&Itemid=2#ixzz2hvKOOB3K
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2. Fools are lying again

'Allah' only involves Herald and not native language Bibles

Published on: Wednesday, October 16, 2013  http://www.dailyexpress.com.my/print.cfm?NewsID=86903

Kuala Lumpur: The ban on the use of the word Allah only applies to the Catholic weekly, Herald, and not other Christian publications or the Al-Kitab, the Bahasa Malaysia bible which is widely used in Sabah and Sarawak, said Deputy Home Minister Datuk Wan Junaidi Tuanku Jaafar.
He said the Cabinet decision to allow the use of Allah in Bahasa Malaysia or native language Bibles in Sabah and Sarawak and the assurance given by Sarawak Chief Minister Tan Sri Abdul Taib Mahmud in 2011 still stand, thereby suggesting that the Government does not believe that the word is exclusive to Muslims.
But the issue (the ban on the word Allah in the Herald) is not over yet, he added, and believed there would be an appeal to the Federal Court.
He added that the decision made by the Federal Court later could change all that.
However, he said the Federal Court ruling could still be over-ridden by a political decision.
"Decisions made by the courts are case laws. Even though they become part of the law of the country, they are normally not enforceable.
"That means you can't get the police or other agencies to enforce them.
They are not statute laws (laws passed by parliament)," he told reporters after joining his constituents in Kampung Tabuan Hilir in the slaughtering of cows and distribution of meat to the poor in conjunction with Hari Raya Aidil Adha.
Wan Junaidi said the Prime Minister, so as not to usurp the powers of the court and the legal system, could make the exemption of Sabah and Sarawak from the ban legally, by introducing a Bill in Parliament for a law to override the court decision.
"We can have a political decision to override the court decision," he explained.
The Christian Federation of Malaysia (CFM) said the ban on the use of the word Allah has far-reaching implications and would affect all Christian publications printed in Bahasa Malaysia.
Deputy President of Malay rights group Perkasa, Zulkifli Noordin, called for the ban to be extended to publications in Sabah and Sarawak.
Zulkifli also said churches in Sabah and Sarawak should be "educated" on the court ruling.
In reaction, an enraged Barisan Nasional (BN) lawmaker from Sabah, Tuaran MP Datuk Madius Tangau, warned Perkasa not to drag the Borneo states into the Allah ruling.
Madius, who is also United Pasok Momogun Kadazandusun Murut (Upko) party Secretary-General, said the use of the word Allah had caused no problems in Sabah and Sarawak.
He added Christians in Sabah and Sarawak had used the word for over 100 years yet people of all religions there had lived in peace and harmony.
Sarawak Land Development Minister Tan Sri Dr James Masing reacted to Zulkifli's comments by telling him not to export what is rotten to Sabah and Sarawak.
"You (Zulkifli) keep your rotten things with you in the peninsula.
Do not export them to Sabah and Sarawak and undermine our peace and unity over here."
Masing also voiced his fear that the ruling, if it had applied to the Al-Kitab, would have rendered Najib's promise made before the Saraawak state elections in 2011 empty.
"That would put a very bad dent in the BN government. The credibility of the Prime Minister and his government would be put to the test," Masing added.
The Parti Rakyat Sarawak (PRS) President also said with Sarawak heading towards a state election in three years' time, a ban in Sabah and Sarawak would have "very serious political implications" for the BN.

1. End to Malaysia in HERALD

Allah and its implications of herald in  malaysia.

I do not intend to dwell on the religious or spiritual aspects of the word ALLAH.

If I go into that that would be too voluminous and also a bit complex as who is God vis-à-vis ALLAH.

It is endless to debate or discuss the word ALLAH and there are many forums especially in the Internet.

So I would like to simply say how it would affect Malaysians in general and Malaysians in Sabah and Sarawak with regards to rights constitutional or otherwise.

Does our Malaysian constitution protect all Malaysians or not irrespective our race and our religions?

Does our Malaysian constitution really protect our people in respect to race vis-à-vis religion?

Can anyone tell me how this constitution that states that Muslims are Malay and Malay are Muslims with regards to race?  If Malay is a race, how can Islam a religion make a person a Malay race simply by the Constitution?  If Malay is a race, can Islam the religion of Muslim make any other race to be a Malay by embracing Islam?  Who is God here when God created the human race?  Be reminded that the people who now call  themselves Malay were Hindu worshipers before Islam reached the shores of Malaya.

I think most religions if ever there is such a word belonging to God as God has nothing to do with religions.  Who can tell me why God is so divided by so many religions we have today on earth if religions have anything to do with God.  Religion is defined by a belief in God but there are people who make everything they believe in as God or god.  So religion has various meanings and one of them can be directed to God.  But God cannot be divided within Himself even in the ONE Trinity God.  So if religion has something to do with God, then there can only be one such religion to be genuine.  What we sometimes see is that several major religions are linked to certain races by certain localities.

So religions created by man have divided God based on various understandings.  but there is only one God, one heaven, one hell, one earth, one race – the human race and one world.  How are various major religions to divide the heaven, the hell, the earth, the human race and the world?

So from the beginning when God created the earth and the universe, God was in unity with the human race as created by God as God created man in His image.

Instead today we see so much divisions including dividing God into various names including Allah and claim Allah with the sole proprietary rights to the Muslims in Malaysia holding onto the religion Islam.  Logically who can understand this perception?

Most Christians hold the understanding of the ONE Trinitarian God while Islam considers a single God.  Anything wrong with this is not for us to decide as God is beyond us but we have adequate data to show such existence in the case of the God according to the Holy Bible.

Another aspect of the Malaysian constitution is that Islam is the official religion while all people can have total freedom of worship without any restriction.

So when the Appeal Court banned the use of Allah in the Herald publication printed in Kuching, is that not restriction when Allah is simply a word for universal application like all English words?

Without restriction simply means Christians worship their God in BM services by whatever name including Allah and Muslims worship their God also by whatever name and in this case it is also Allah unfortunately.

As it is public knowledge that Allah predated Islam, then in true justice it is for the Christians to restrict the Muslims to use ALLAH and instead in Malaysia it is the other way round.  Why should this be so?  Nobody can be confused except that God is confused with what we do trivially.

Christians are in the world to do mission for God and never could they find themselves in this struggle over Allah until the Federal Court with more agitation possibly endless in Malaysia.  Muslims in Malaysia are also in mission to promote Islam but such agitation is definitely a divergent.

There are some quarters in great enthusiasm after the ban for Allah in HERALD by the Appeal Court declared that they will make sure churches in Malaysia especially in Sabah and Sarawak do not use ALLAH in anything and would take appropriate action if found in violation of the Appeal Court’s decision.

Honestly speaking, I would not know how the extreme Muslim groups go about checking/policing the churches without going into the churches which are normally out of bound for Muslims for a known reason but churches are open to all to worship God.

So to cut the matter short to avoid any more conflict and best respect to the Appeal Court’s ruling and the HERALD being the focus of this struggle over Allah maybe telling the good news of the end of Malaysia with the separation of Sabah including Labuan and Sarawak from the disjointed partnership since 9^th of August, 1965.  Hence the HERALD has the very good news for the end of Malaysia in 2013 - the Golden Jubilee year of change.  Lets us draw up a comprehensive separation agreement – The HERALD Separation Agreement.

Joshua Y. C. Kong     15^th of October, 2013