The Risk Professional: Malaysian court finds against Government

The actual issue involved is highly sensitive within some parts of Malaysian society: The Herald, a weekly newspaper published by Catholics, used the word "Allah" and following complaints from some Muslims, the Home Minister first withdrew the licence to publish, and then re-instated it on condition that the publication did not use the word.

The Herald took the Minister to Court, saying that the word is a word and cannot be held solely for the use of Muslims.

In the last day of a decade which has seen considerable change in Malaysia's political scene, the High Court found in favour of The Herald. The Minister immediately announced his intention to appeal.

The High Court held that the ban on the use of the word was unconstitutional and therefore illegal, null and void and that its use was protected by the Constitution - but its use must be for the purposes of educating Christians. The Judge, Datuk Lau Bee Lian, is Chinese and female.

There was an instant and hostile response to the ruling in Parliament with one MP claiming that to allow non-Muslims to use the word would "cause confusion for Muslims." He did not explain the basis for that remark. Surprisingly, however, the "spiritual leader" of Islamist party PAS, Datuk Nik Aziz Nik Mat has supported the ruling: his concern, he says, is that the word becomes debased by abuse. "“Its just a fear it can be abused. That’s the worry,” he said yesterday.

The case is vitally important on several levels:

- the determination, by PM Mahathir, that Malaysia "is a Muslim country" was at the heart of several constitutional changes during his term: the removal of almost all the residual power of the state Sultans and its transfer to the Federal government was one; another was the embodiment of a principle that Islam was to be a core consideration in the legislative process and a widespread view that the judiciary had lost its independence, this latter being hotly contested with the full weight of the law, including extra-judicial measures, brought to bear on those making such allegations. However, the past five years or so, since Mahathir's resignation, have seen the Sultans exercising their power of influence by speaking out - almost always to emphasise that Malaysia is a multi-cultural society and that no one group, even though dominant in number, should presume that the country must become homogenised. Indeed, the Sultans have led the move towards a unified, multi-racial, multi-religion and multi-cultural society in the face of demands by, especially, PAS, that all races submit to their view of society.

- There is frequent and widespread criticism of the lack of press-freedom in Malaysia, often by ill-informed outsiders and locals who wish to profit from criticism. Whilst it is true that there is control of the media, since the appointment of PM Abdullah, press controls have been greatly relaxed. MalaysiaKini, the target of frequent action under Mahathir if it published comments that criticised his government, now publishes Mahathir's comments - even when they are critical of the government.

Therefore the case shows that the Courts are, even in sensitive matters, independent of Government; and that they will protect (nascent) press freedoms and that the national courts will view religious affairs from the view of the entire population not any one group.

Whilst some are determined to use the ruling to create or perpetuate division, there is clearly a willingness across the broader spectrum to take the sting out of the issue if, indeed, there was ever a real issue rather than an ill-advised reaction to some noises off.

And at the heart of it is further evidence that Malaysia is rapidly developing both as a democracy, with the rights and freedoms - and responsibilities - that that entails, and that it is coming out of its autocratic phase where influence was as important as justice.

In an article published today by Mahathir's daugher, Marina, in The Malaysian Insider, she says "A Muslim believes in only One God. Therefore it makes sense that other people should call God by the same name because there is no other God."

That, one suspects, should be the end result of all religious disputes, not just those over names. Unfortunately, her father says the Court was wrong in its decision and that non-Muslims should be under strict conditions as to when they may use the word Allah.

Some groups claiming Islam as their justification are planning demonstrations: and although the government says it does not encourage them, there appear to be no plans to restrict them. The fact that such demonstrations can be held without undue interference is a further sign of the rapidly increasing democratisation of Malaysia.

There have been a number of allegations in a variety of media that the increasing hold of those who favour a hard-line interpretation of Islam - which includes PAS - undermines the willingness of foreign firms to invest in Malaysia. The decision will go some way towards reducing some of those fears. It was Lee Kwan Yew, then PM of Singapore, who referred to the "increasing Arabisation of Malaysia" at the beginning of the decade. As Abdullah and his replacement Najib have settled in, the centre has regained much of its lost ground. That must be pleasing for those that look at Malaysia as a potential base for South East Asian operations.