The controversy spilling over from the High Court decision to allow the Catholic Church to continue using the word Allah threatens the country’s social fabric. Malaysians.

The fast escalating dispute arises from perceptions of aggrieved parties. On the one hand, to some Muslims, the court’s decision and indeed the whole due process initiated buy the Catholic Church is perceived as an affront to the sanctity of Islam, particularly since it is the official religion of the land.

On the other hand, the originating summons filed by the Catholic Church against the government, arose out of its unhappiness over the manner in which the government is perceived to restrict its rights in the light of constitutional guarantee of freedom of religion. The Sikh Gudwara is also unhappy as such restrictions affect it as well because the same word Allah for God is also used in their Scriptures.

The heart of the matter concerns the sanctity of the Federal Constitution. More than this, it can also impact the parallel system of Syariah law in an unpredictable manner. It may also involve the Sultans as heads of the Islamic administrations in their respective states. Already there have been suggestions to seek the intervention of the Sultans as keepers of the faith.

There have also been questions as to why the matter was allowed to be heard by a non-Muslim judge in the first place.

Other questions also cropped up. What if the judge was a Muslim and he or she came up with the same ruling? Would this not surely affect our administration of justice if we continue to raise such questions about the religious affiliation of our judges instead of their judicial competence?

Incidentally, another case also concerning the use of the Allah word brought about by the Sidang Injil Borneo (Borneo Evangelical Church) of Sabah is currently before a Muslim judge. Let us not impose on our judges conditions not envisaged nor required in their qualifications for judicial office.

Where do we go from here? Both parties apparently are determined and prepared to go through due process from Court of Appeal and then to the apex Federal Court. There are also suggestions that the matter should be placed before the Syariah Court as the competent authority. How that is to be done is indeed an interesting proposition.

Despite what many may claim, it is still not too late for a cooling-off period instead of rushing to matter up to the Court of Appeal. In the interim, the Home Ministry, whose earlier decision was the cause of the current suit, has still room to manouevre for an equitable solution that would not interfere with due process. That is what we call creative administrative law making decisions to which the minister is legally entitled to do so.

Interestingly, Madam Justice Lau may have provided a clue to such an approach in her judgment. In allowing the church continued use of the Allah word, there seemed to be a conditionality. Take a closer look and it may not be a bad judgment after all. We must not allow political expediency to take precedence over equity for justice to prevail. Therein lies our hope.

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