AFTER the high court decision this week to quash a 1986 government circular on the use of the word “Allah” in Christian publications, a Sarawak activist is calling on the state and federal governments to review all other policies and directives relating to religious freedoms in Malaysia, and particularly Sarawak, and to uphold the spirit of the constitution, as they have been entrusted with.
Religion has long been used as a divisive issue in the country, not so much among the people, but as a political tool. It runs through multiple aspects of Malaysia’s institutional life, from mandatory conversion upon marriage and the public display of religious symbols, all the way down to allocation of public funding and our choice of leader.
The message from the court’s ruling, however, is clear: Malaysia respects and represents freedom of religion. It is enshrined in our constitution, and it is the basis on which this nation was built.
This was not in question when our nation was formed. This was not in question when the Malaysia Agreement 1963 was signed. It only became an issue afterwards, in legislation, directives and circulars, starting in the 1970s.
The recent ruling described the 1986 circular as unconstitutional. Therefore, the government has been directed to look to the constitution as its guiding principle in all other legislation and practices relating to 3, 8, 11 and 12.
The word “Allah” has been used by people of all faiths across the world for centuries, even before the time of Prophet Muhammad.
In Indonesia, the world’s most populous Muslim country, thousands of churches are called Gereja Allah, and there is no requirement for conversion upon marriage. Rather, it is a matter of personal choice.
For many years, the Orang Asal Christians of Sabah and Sarawak have been using the word in their worship, imported from Arabic. This is further proof that it is only in the last 40 years that the government decided to legislate the use of language in this way. But, the court decision tells us that this is a clear departure from the shared basis of our nation.
Now, Umno and PAS, the two parties not returned at the ballot box, are calling for an appeal to be brought in this case. It is not difficult to see why. This kind of legislation was instrumental in keeping Umno in power for all those years.
However, the tide is turning, and the people are looking back to the lofty and inspirational origins of their multicultural and multifaith nation. They are turning away from parties formed on religious or racial grounds, towards a more inclusive vision of Malaysia, the original vision of Malaysia.
Even Senior Minister Datuk Seri Mohamed Azmin Ali has gone on record to state that “we should not allow only one race to dictate” the make-up of his own party’s leadership. Even he could see the direction in which the political wind is blowing.
An appeal should be welcomed. A Federal Court ruling and precedent should be set. The judiciary, sworn to uphold the primacy and integrity of the constitution, should lead the way.
This should not stop at just one circular. The intent of the constitution has been made clear: freedom of religion in Malaysia.
It is time for the government of Sarawak, Malaysia’s only non-Muslim-majority state, to speak out on this issue. It is time for them to show the way in reviewing their legislation.
They shouldn’t wait to be directed by the courts. They should be implementing ideals on behalf of the people.
It is time for Malaysia to be reborn as it was originally intended: people of all religions, races, descents, places of birth or genders free from discrimination and equal under the law. – The Vibes, March 13, 2021
Peter John Jaban is a human rights activist based in Sarawak
