Archive for June, 2014

‘Allah’ Controversy Resurfaces in Another Court

June 30, 2014

Highlights: [Lead Counsel] Lim said Jill Ireland is seeking justice from the court. “This case is not about Christians pitting themselves against Muslims; Christianity against Islam…but a native Bumiputera Chritian seeking her constitutional rights…

Lim pointed out that the supremacy of the constitution and the rule of law appear to have been seriously subverted and transplanted by the alien doctrine of supremacy of the religious bureaucracy and the rule and dictates of the religious authority…the involvement of JAKIM, the federal Islamic Development agency, brings another objectionable feature of the administration of the Printing Presses and Publicatins Act 1984 (PPPA) by the minister and government into focus.

“There is clear evidence of surrender of discretionary power to an extraneous third party. As noted above, one of the three (3) grounds cited is “Melanggar Garis Panduan JAKIM”. Here we have a department which is not vested with any lawful authority in the administration of the PPPA dictating and directing how an officer under the PPPA is to exercise his powers,” he said.

Lim asked, “Are we governed by rule of law or religious bureaucracy?”

“Are we a nation governed by rule of law or religious bureaucracy?” – See more at: http://www.themalaysianinsider.com/malaysia/article/even-the-quran-says-allah-used-by-christians-and-jews-high-court-told#sthash.WY5kyjbV.dpuf“It is submitted that viewed objectively it is evident that rather than exercising an independent statutory discretionary power, the Minister had acted under the dictation of JAKIM.”.

He also said the Respondents who are Federal Government and a Federal Minister have taken upon themselves the constitutional power to control or restrict propagation of religious doctrine or faith among Muslims. This is a jurisdiction vested in the various state legislative assemblies pursuant to Article 11(4) of the Federal Constitution.

“The Respondent’s action constitutes an act on the part of the Federal Government and its officials using the PPPA to enforce the several state enactments controlling and restricting propagation. Enforcement of the enactment with regard to Selangor is by “authorized officers” appointed by the Ruler in Council. This is tantamount to a collateral use of the PPPA by federal agencies to enforce state enactments which are for the states to determine and not the Federal Government. Thus, the disputed decision constitutes not only unlawful and unconstitutional usurpation of state powers under the guise of the PPPA but also a colourable excuse and collateral use of the PPPA,”Lim said.

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Bar Council: MAIS/JAIS Should Abide by AG’s Decision & Federal Constitution and Release Seized Alkitab & Bup Kudus

June 21, 2014

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Majlis Peguam

Bar Council Malaysia

Press Release
MAIS and JAIS Should Adhere to the Attorney General’s Decision and Abide by the Federal Constitution

The Malaysian Bar supports the Attorney General’s decision not to prosecute the Bible Society of Malaysia (“BSM”) over the more than 300 copies of the Alkitab (Bahasa Malaysia bible) and Bup Kudus (Iban bible) that contained the word “Allah” and that were seized by Jabatan Agama Islam Selangor (“JAIS”) on 2 January 2014.
The Malaysian Bar views with much concern reports of the refusal by Majlis Agama Islam Selangor (“MAIS”) and JAIS to abide by the findings of the Attorney General and to comply with his request that JAIS take consequential and appropriate action in accordance with the law. (more…)