Religious authority has no right to intervene in Allah CD case, says Sarawakian

Jill Ireland's lawyer Annou Xavier (left) in the High Court last June. Xavier says among the constitutional issues that would be raised in court tomorrow were the supremacy of the Federal Constitution, the right to profess and practise one's religion subject to limitations imposed, and rights to religious education. – The Malaysian Insider pic, March 4, 2015.The Federal Territories Islamic Council cannot interfere in the private affairs of non-Muslims, on how they prayed and studied their religions, said Sarawak Christian Jill Ireland who is opposing an application by the religious authority to intervene in Putrajaya's appeal against a High Court ruling ordering the return of eight CDs containing the word "Allah".

Ireland, who filed an affidavit on Monday, said the subject of dispute was about right to religious education and the right to profess ones' religion, including the use of study materials like CDs, which had nothing to do with the council.

She said the council's reference to the Islamic Law Administration Act (Federal Territories) had nothing to do with her right as a Christian to profess and practice her religion.

"The Act is only applicable to Muslims in the Federal Territories and my residence in Kuala Lumpur is irrelevent to show it had right to intervene," Ireland said in the affidavit sighted by The Malaysian Insider.

The Court of Appeal will hear tomorrow on whether to allow the council's application.

Ireland said the council was not involved in the seizure of the CDs nor was it a party in the Home Ministry's refusal to return the materials.

She said the Customs Act and the Printing Presses and Publications Act did not empower the council to administer both the Federal laws.

Ireland said her application in the High Court was to review the powers of the respondents (Home Ministry and Putrajaya)) under the Federal laws following the confiscation of the CDs.

"The review is based on administrative and constitutional laws.

"The council, if allowed to intervene, will only raise irrelevent issues and give the impression that there was a conflict between Muslims and non-Muslims which is not the case," she added.

Ireland said the council should have applied to intervene in the High Court when she filed the review application in 2008.

The council in its application seeking to intervene, gave the following reasons:

• That it has the right to regulate how non-Muslims pray and the materials they use, including audio and texts.
• The Yang Di-Pertuan Agong and/or Sultan, as head of Islam for the relevant state, has the right to regulate all matters relating to Islam including the use of the word “Allah”.
• Some of the relief sought by Ireland, including the right to use, import, export, distribute any Christian material with the word “Allah” for her own edification in professing her religion is guaranteed by the Constitution and as such, the council has the right to regulate or prohibit such materials.
• That Ireland’s act of using materials with the word “Allah” will cause confusion leading to unrest and public disorder.
• The act of Ireland in using these materials will contravene Section 298A of the Penal Code and police must be empowered to investigate and seize such material which could pose a threat to security, and arrest the person in possession of those items.
• The council has the right to refer such matters to the shariah courts if any non-Muslim is in possession of materials with the words like “Allah”, “kaabah” and “solat”.

Judge Datuk Zaleha Yusof last July ordered the return of the CDs to Ireland, a Melanau clerk who had brought them in from Indonesia, but Putrajaya obtained a stay to retain them on grounds of public interest.

Constitutional right

In 2008, Home Ministry officials confiscated the CDs from Ireland at the then Low-Cost Carrier Terminal (LCCT) in Sepang after she had disembarked from a flight.

The CDs, which Ireland bought for personal use, had titles such as "Cara Hidup Dalam Kerajaan Allah", "Hidup Benar Dalam Kerajaan Allah" and "Ibadah Yang Benar Dalam Kerajaan Allah".

She also asked for a declaration, saying that she had a legitimate expectation to exercise the right to use "Allah" and to continue to own and import such materials.

Ireland's legal team argued that the case was not about Christianity against Islam, but about her constitutional right as a bumiputera Christian.

Putrajaya submitted that the minister had exercised his power under the Printing Presses and Publications Act to withhold the material if it was likely to be prejudicial to public order.

Meanwhile, Ireland also filed an appeal against the High Court decision which failed to address her constitutional right to use the word "Allah", as the court had only ordered the CDs to be returned to her.

No appeal date has been fixed yet.

Her lawyer Annou Xavier said the constitutional issues that would be raised were the position of Islam as the religion of the federation, the supremacy of the Federal Constitution, the right to profess and practise one's religion subject to limitations imposed, and rights to religious education.

Constitutional lawyers said Ireland's cross-appeal could be used to revisit unresolved issues that could not be argued in the case involving Catholic weekly, Herald.

That case came to an end on January 21, after the Federal Court dismissed a review application by the Catholic Church to use the word "Allah" in the weekly.

The word “Allah” is widely used by Christians in Sabah and Sarawak, and the church argued that the ban on its use was a violation of freedom of religion.

- TMI