A GROUP representing major non-Muslim religions said bans on several religious words under state laws may be unconstitutional as it is beyond the scope of the Federal Constitution.

In a statement, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism said most state governments put in place enactments to prohibit non-Muslims from using between 20 to 40 religious words.

“Most states have passed enactments, all made under article 11(4) of the Federal Constitution, and section 9 of their respective state enactments prohibit the use of between 20 and 40 words by non-Muslims,” it said in the statement.

Article 11(4), was the constitutional provision that permits parliament and state assemblies to restrict the propagation of any non-Islamic doctrines or beliefs among Muslims, it said.

It said enactments passed under article 11(4) cannot go beyond the scope of that article as it only controls or restricts the propagation of any non-Islamic doctrines or beliefs among Muslims.

However, the group said article 11(4) allows state governments to prohibit the use of the religious words by non-Muslims only when there is propagation of religious beliefs to Muslims.

It said there cannot be a ban when non-Muslims are using those words among themselves. 

“There has to be ‘propagation of religious doctrine’ to Muslims (for the words to) come within ambit of prohibition. Mere usage of words without propagation to Muslims cannot come within ambit of article 11(4) of the Federal Constitution,” it said.

The umbrella body said section 9 of the state enactments, which bans certain words even when there is no propagation to Muslims, “will be unconstitutional and is beyond the power provided under article 11(4)”. 

The group urged the government to declare as unconstitutional section 9 of the respective state enactments.

“We appeal to the prime minister and cabinet to consider the constitutionality of section 9 of the state enactments, which has been shown to be outside the scope of article 11(4), and thus ultra-vires.

“We further appeal to the prime minister and cabinet to protect the rights of all in line with the Federal Constitution, and to maintain that section 9 of the state enactments is unconstitutional,” it said.

The group said no other country bans the use of the word “Allah” by non-Muslims.

It said Perlis Mufti Mohd Asri Zainul Abidin had said the word “Allah” predates Islam, does not have religious connotations, and has been politicised.

The group’s statement was signed by its president Jagir Singh, deputy president Tan Hoe Chieow, and vice-presidents Julian Leow Beng Kim, Chuan Yuan and Ganesh Babu Rao.

The statement from the multi-faith group comes after Putrajaya decided not to pursue an appeal against a lower court ruling on a Jill Ireland’s right to use the word “Allah” in her religious content.

Ireland’s fight began in May 2008 when customs officers at klia2 seized eight of her CDs containing the word “Allah”.

She filed a suit in August 2008 seeking an order for certiorari to quash the decision of the Home Ministry to confiscate and seize the publications.

In the suit, Ireland sought several declarations from the courts pursuant to articles 8 and 11 of the Federal Constitution.

She wanted the court to declare the ministry’s December 1986 circular to ban the word “Allah” in Christian publications unconstitutional and unlawful.

In 2014, the High Court ruled in her favour and found that the ministry was wrong to seize the CDs.

Putrajaya first filed an appeal over a High Court ruling that allowed non-Muslims to use the word “Allah” and three other words in a religious context on March 12, 2021.

The Attorney-General’s Chambers, representing the Home Ministry, notified the Court of Appeal on April 18 it did not wish to pursue the appeal.

Prime Minister Anwar Ibrahim said the cabinet would present proposals to the Yang di-Pertuan Agong on protecting the use of the word “Allah” to strengthen racial and religious unity in the country.

He said this after the fallout from the federal government’s decision to withdraw its appeal against the court’s verdict in the “Allah” usage case.

On Tuesday, the home minister confirmed Putrajaya had withdrawn the appeal, resulting in major criticism from Muslim groups. – May 19, 2023.