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
(left) 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 decisionJustice
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.
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.”