ANALYSIS Brokered in the lead up to the Sarawak election in 2011, the 10-point solution was hailed as a policy directive which managed to find the middle ground.
But will the 10-point solution - which allows the use of the Bible in Bahasa Malaysia and indigenous languages - protect Christians from prosecution in Peninsular Malaysia?
According to lawyer Syahredzan Johan, the answer is “no” for the simple reason that it is not a piece of legislation.
He said the 10-point solution, as well as any cabinet directive, is impotent when faced with state legislation barring the use of the word 'Allah' by non-Muslims because this is "out of the federal jurisdiction".
The federal government, he said, can only use the 10-point solution to allow Christians to use the Bahasa Malaysia and other indigenous language Bible in the federal territories, but not in states which have legislated against it.
So if the Bible Society of Malaysia (BSM) pair is charged for having copies of the Bahasa Malaysia and Iban language Bible at their premises, the two cannot argue their case based on this.
"No... The 10-point solution matters not," Syahredzan replied when asked if it can be used as a defence.
No propagation required
The first state to gazette this legislation was Kelantan in 1981. In the following decade, nine other states adopted almost identical legislation, with Johor being the last in 1991.
What this means is that for non-Muslims who would like to use the word 'Allah', it would be best for them to pack their bags and move to Penang, Sabah, Sarawak and the federal territories.
According to Syariah Lawyers Association (PGSM) president Musa Awang (
right
), Section 9 of the enactment states that non-Muslims using prohibited words in writing or public speech can be fined up to RM1,000.
He said that using these words, including 'Allah', to "state a fact, belief, idea, concept, activity or anything about or related to a non-Islamic religion" is an offence.
Although other sections clearly deals with propagation, it is an offence for non-Muslims to use 'Allah' under Section 9 "even if it is not for the purpose of propagating to Muslims".
And worse still, it is a "seizable offence" which means that an "investigation" - a term Musa feels is more appropriate than “raid” to describe the BSM incident – and arrests can be carried out without a warrant.
"This is a seizable offence under the Criminal Procedure Code, where authorised officers can investigate under the enactment and arrest suspects without any warrant," he said.
This means that whenever a church in the 10 states holds a service in Bahasa Malaysia or in an indigenous language where the word 'Allah' is used, the church and its congregation run the risk of a raid, arrests and being slapped with fines.
Tomorrow: How many people are affected and how to solve the conundrum
