Did the Jais raid of BSM bibles violate Article 11 rights?

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The Jais raid on the Bible Society of Malaysia (BSM) likely violated Article 11 rights guaranteeing freedom of religion.

Several legal experts have raised significant concerns that the raid and seizure of Malay and Iban language Bibles by the Selangor Islamic Religious Department (Jais) constitute a violation of Article 11 of the Federal Constitution, which enshrines the right to freedom of religion for all Malaysians. Lawyers argue that Jais overstepped its authority by acting against a non-Muslim organisation and that the actions taken during the raid, including trespassing and unlawful arrest, are criminal offences.
Violation of Constitutional Guarantees

Civil liberties lawyer Eric Paulsen stated that the raid and seizure of bibles "clearly violate" the Federal Constitution's guarantee of freedom of religion under Article 11. He further contended that Jais lacks the legal authority to enforce its directives upon non-Muslims, and that the department's actions during the incident amounted to criminal offences such as trespassing, unlawful arrest, and false imprisonment. Andrew Khoo, chairman of the Bar Council's human rights committee, echoed these sentiments, asserting that the raid contravened the spirit of the 2011 10-point solution, which permits the distribution of bibles across the country.
Jurisdictional Overreach by Jais

Constitutional lawyer Nizam Bashir highlighted that Jais's jurisdiction is limited to Muslims, and as the Bible Society of Malaysia is a non-Muslim organisation, the department acted beyond its legal purview. Bashir also questioned the constitutionality of Section 9 of the 1988 Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment, which prohibits the use of certain Arabic words, including "Allah," by non-Muslims. He argued that this prohibition, as written, does not require propagation as a condition, which he believes is necessary for it to align with Article 11(4) of the Federal Constitution.
Inconsistency with the 10-Point Solution

Andrew Khoo pointed out that the raid was contrary to the 2011 10-point solution, a government initiative that allows for the free distribution of bibles in Malay and indigenous languages without conditions, particularly in Sabah and Sarawak. This solution acknowledges the religious practices of the significant Bumiputera Christian population in these regions, who commonly use Malay and indigenous languages, and refer to God as "Allah" in their religious services and scriptures. The seizure of these bibles, therefore, appears to disregard this established accord.
Questioning the Validity of the 1988 Enactment

Nizam Bashir further raised concerns about the constitutionality of Section 9 of the 1988 enactment, suggesting it may be inconsistent with Article 11(4) of the Federal Constitution. He questioned how Jais could prove that the seized bibles were intended for propagation to Muslims, a key requirement for such a clause to be legally sound according to the nation's supreme law. The absence of evidence linking the bibles to propagation among Muslims, especially given the BSM's non-Muslim customer base and the clear labelling of the bibles as Christian publications, undermines the justification for the seizure.

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Did the Jais raid of BSM bibles violate Article 11 rights?

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