KUCHING: The High Court judgment allowing non-Muslims to use the word "Allah" in their religious education applies throughout the whole of Malaysia and not just in Sarawak, says lawmaker Baru Bian.
The Ba'Kelalan assemblyman said Prime Minister Datuk Seri Anwar Ibrahim had no basis to say that the decision only applied to Sarawak.
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According to him, when then High Court judge Justice Nor Bee Ariffin ruled that the Home Ministry's 1986 administrative directive banning the use of certain words by non-Muslims was invalid, there was no distinction made between Sarawak and the other states in the country in her judgment.
"If the Prime Minister goes case by case, then he is implying that each state law can prohibit non-Muslims from using certain words, which means restricting religious freedom.
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"When the judge wrote that 'Religious freedom is absolutely protected even in times of threat to public order', she did not limit that statement to only Sarawak," Baru said in a statement late Tuesday (May 16) night.
He was responding to Anwar's remarks that the Kuala Lumpur High Court's ruling in the Jill Ireland "Allah" case only applied to Christians in Sarawak.
Anwar had said this was because Sarawak had its own rules regarding the matter.
"This is specific to Sarawak. Sarawak is not tied to other states' decisions. So (the ruling) does not apply to Melaka, Penang, Selangor, no. It is specific to Sarawak," the Prime Minister said when asked to comment on the government's decision to withdraw its appeal in the Jill Ireland case.
Baru also said the Federal Constitution does not discriminate among people of different races or states.
"As head of the unity government, the Prime Minister must not shy away from speaking the facts, especially where the rights of the minority are at risk of being eroded and curtailed," he said.
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He added that Anwar's statement contradicted the statement of Home Minister Datuk Seri Saifuddin Nasution Ismail, who had said that the Home Ministry could no longer enforce the 1986 directive pursuant to the Printing Presses and Publications Act 1984.
"In this instance, the Home Minister's view is the legally correct position.
"The Prime Minister must not confuse the people by making inaccurate assumptions or conclusions on the legal effect of the withdrawal of the appeal," Baru said.