Be nice, so that Muslims are treated nice.

Ah..so it's just some excuse to uncle-tom some people out there? We need to be nice to our minorities because hopefully, others will be nice to our Muslim minorities. Muslims all over the world are run down and run over. Now, that's a definition of being nice to minorities.

Once you compromise on the underlying principles you prostitute yourselves. Then, there is no stopping you being nice to all and sundry. The nice sounding signals are given by people such as Khalid Samad( whom Pas rank and file consider heretic), Miss Marina Mahathir, leader of the salon Muslims and Abim?( a bunch of Bolshevik believers).

We, the rest? Are all miscreants and religious bigots.

I received a copy of the views of some Muslim Lawyers who have banded together under the Persatuan Peguam2 Muslim Malaysia. This was some time ago. Obviously Nazri hasn't been to a place to see how this issue is viewed by Muslim professionals. You see, with Nazri, what HE knows he has got no problems. Hence a fortiori , what he doesn't know, is even more a no problem to him.

The birth of Allah's Son- Part 1

The Malays, as one foreigner once summed up, are a people who rest under the coconut tree with the sun shining brightly and cheerfully upon them whilst the wind blow softly against their faces.

This observation is meant as a compliment to the temperament of the Malay Muslims. As compared to Muslims of other countries, the Muslims of Malaya did not go through a period of great conflict and bloodshed to obtain independence. As a result, you have a Muslim community who is tolerant and receptive to other religion and races.

The constitutional position of Islam and the Malays can best be understood by making an analogy to a house owner who welcome visitors into their house and allowed their visitors the right to use the living room, dining room, the bedrooms, the garden, and all other areas, except, the house owner was to say, "Never ask for the right to use my own master bedroom. It is my special privilege." After a few decades, the house owner has shared everything in his house except for his own master bedroom. He finds that his visitors, having enjoyed unlimited access and use of all the parts in his house are now knocking on the doors of his master bedroom, demanding for the right to use his own master bedroom, his last bastion.

The case of the weekly Herald has jolted the largely Malay Muslim community into the realisation that their last bastion, their master bedroom (i.e. Islam and Malay privileges) is now very much at stake. The positive outcome from the Herald fiasco is the unity of the Muslims coming to the fore to protect and defend a matter held dear to their very essence, their religion, culture and sense of identity.

The Herald had since 1986, illegally used the words "Allah" to refer to God in its publication. Under Control of Undesirable Publications of the Printing Presses and Publications Act introduced in 1984, the Kementerian Dalam Negeri (KDN) has the power to introduce the Garis Panduan Penerbitan Kementerian Dalam Negeri ("Guideline") to regulate publications such as the Herald. According to the Guideline, words such as "Allah", "Kaabah", "Baitullah" and 'Solat" are not allowed to be used by religions other than Islam. The KDN then issued a letter dated 19.05.1986 instructing and advising the weekly Herald not to use the words contained in the Guideline. Such words are deemed as sensitive to the Muslim community and may cause disharmony, disunity and confusion among the community especially the Malay Muslim community.

However, instead of adhering to KDN's instructions and advice to cease publishing the word "Allah", the weekly Herald repeatedly breached the Guideline by reproducing the publication in the Herald containing the words "Allah".

The Archbishop of the Titular Roman Catholic Church ("the Church") himself admitted in his Affidavit that a total of eight letters were sent to the Herald by KDN advising them to cease the use of the word "Allah" in their publication which went unheeded. They have blatantly disregarded the Guideline since 1986 until 2007, and with that action, provoked the sensitivities of the Muslim community. Since no immediate and decisive action was taken by KDN in response to this consistent breach, the Church was emboldened enough to file a Judicial Review dated 19.03.2008 for the following declarations:-

1. 
   
   
   
   
   that the Church is entitled to use the word 'Allah' in The Herald, a weekly Catholic publication of the Church;
   
   
   
   
   
   
   
2. 
   
   
   
   
   that the Guideline by the Kementerian Dalam Negeri is illegal; and
   
   
   
   
   
   
   
3. 
   
   
   
   
   That the use of the word "Allah" is not exclusive for the religion of Islam.
   
   
   
   
   
   
   

The Herald meanwhile, posted their publication online until it came to the attention of the Majlis Agama Islam Selangor ("MAIS") and the Malaysian Association of Chinese Converts ("MACC") who were deeply concerned on the effects of the publication on the Muslims in general, especially as they were under the impression that the publication was to be solely for internal circulation of members of the Church. With its posting online by the Herald however, meant that the general public and those outside of Kuala Lumpur including the world at large would have unlimited access to the Herald. The MACC feared that the publication would cause confusion among converts due to the terminology used. It may also open the floodgates for other beliefs to challenge the Guidelines and use the word "Allah" in their practise.

As a body entrusted with the protection of the rights and interests of Islam and the largely Malay Muslims, MAIS viewed these developments with alarm and concern. MAIS is empowered under state legislation to dispense their duties as the lawful representative of the Sultan of Selangor including to advise the Sultan of Selangor on any matter impacting the unity and interests of the Muslims. Having presented to the Sultan of Selangor the gravity of the matter, the Sultan of Selangor found the situation to be sufficiently compelling for MAIS's intervention. With the blessings and unequivocal support of the Sultan of Selangor, MAIS filed applications to be admitted as interveners for both the Summons and Review. Their action was emulated by other Majlis Agama Islam of the States of Wilayah Persekutuan, Terengganu, Johore, Pulau Pinang and Melaka. Throughout the case, solicitors and MAIS officers handling the case attest to the ease by which they were able to advise and brief the Sultan of Selangor and to obtain further directions. The deeds of the Sultan of Selangor shall be crafted in our historical manuscripts as a monarch who has displayed a deep conscience and understanding of his role as protector and custodian of Islam and Malay rights, in the case brought by the Church.

The intervener applications by MAIS, MACC and Majlis Agama Islam of States were provided for by statutory provisions under the Rules of the High Court. Unfortunately, the Court did not allow their application even though MAIS argued for their inclusion under the various provisions in the Rules of High Court, including provisions for special entry to oppose the judicial review. The Court did not recognise the statutory duties of MAIS under state legislations as the lawful body to advise and aid the Sultan of Selangor in such matters of judicial review relating to the rights and interests of Islam and the largely Malay Muslims. The Court made a pronouncement that MAIS have no basis to justify that they have a direct interest in the case, in total disregard to MAIS's statutory function as adviser and aid to the Sultan of Selangor in matters of Islam and Muslim rights. Thus, MAIS was denied the opportunity to put forth their arguments before the Court by the Judge presiding the case, Datuk Lau Bee Lan. This situation proved fatal to MAIS's intervener application and was a major factor that led to a decision in favour of the Herald. The Court decision meant that the words "Allah" and consequently, "Allah's Son" were allowed to be used in the Malay pages of the Herald weekly. The reaction of the Muslim community to the Court decision dated 31.12.2009 has been largely one of disbelief, anger and humiliation; a deep wound that if it were at all to recover, would require a long healing process.

Information Secretariat

Persatuan Peguam Peguam Muslim Malaysia

Date: 11^th January 2010