Court orders return of CDs with ‘Allah’ to Sarawak Christian

The defence team for Jill Ireland seen outside the courtroom after the decision favouring the Sarawakian Christian today. – The Malaysian Insider pic by Nazir Sufari, June 23, 2015.Sarawakian clerk Jill Ireland can get her religious CDs with the word "Allah" in them, the Court of Appeal rules, upholding the High Court's order for the Home Ministry to return the materials to the Christian woman.

The appellate court, however, refused to decide if Ireland had the right to use the Arabic word for "God" in her religious practice.

Judge Datuk Tengku Maimun Tuan Mat, who delivered the unanimous ruling, said the eight CDs must be returned to Ireland within a month from today.

She said the confiscation of the materials was not conducted in compliance with Section 9 of the Printing Presses and Publications Act 1984.

She also ordered Ireland's constitutional rights under Article 8 and 11 of the Federal Constitution to be decided by another judge in the High Court. Article 8 is on equality of all persons before the law while Article 11 is on the freedom to practice one's religion.

Putrajaya seized the CDs from Ireland at the Low Cost Carrier Terminal (LCCT) in Sepang in 2008. The Sarawakian said she had brought the CDs into Malaysia for her personal use.

Tengku Maimun, who sat with judges Datuk Abang Iskandar Abang Hashim and Datuk Seri Zakaria Sam, said the bench was dismissing the government's appeal as it was ultra vires under the PPPA for senior civil servant Suzanah Muin to convey to Ireland that the Home Ministry was retaining the CDs.

"The decision was bad in law because that was not the intention when the law was enacted by Parliament," the judge said.

As to Ireland's constitutional rights, Tengku Maimun said she should have filed a separate suit to challenge her right to use the word "Allah" in her religious practice.

"However, we are remitting the matter to the High Court before another judge so as not deprive the rights of both parties,” she said.

The case would be mentioned before a new judge on July 2.

Ireland filed a cross-appeal to exert her constitutional right to use "Allah" after the government appealed the High Court's ruling to return the CDs.

On April 23, the bench had heard arguments from Ireland's lawyer Lim Heng Seng and Senior Federal Counsel Shamsul Bolhassan if Ireland was entitled to use the word in her religious practice.

Lim said Ireland was free to practice her religion, including using the word "Allah" in any part of Malaysia because the constitution guarantees that right.

"This is the intention of the framers of the constitution when Sabah and Sarawak were parties in the formation of Malaysia," Lim said.

Submitting in Ireland's cross-appeal, Lim had said Parliament could impose restrictions on fundamental rights to enact laws against subversion and acts prejudicial to public order, but not on freedom of religion.

Lim said if Sarawakians and Sabahans were allowed to use the word  “Allah” in those territories, it would be absurd to stop them in other parts of Malaysia.

Lim Heng Seng, the lawyer for Jill Ireland, speaks to reporters outside the Court of Appeal today. – The Malaysian Insider pic by Nazir Sufari, June 23, 2015.

Last year High Court judge Datuk Zaleha Yusof ordered the Home Ministry to return eight CDs containing the word "Allah" to Ireland, who had brought them from Indonesia.

Putrajaya then appealed against that order and managed to obtain a stay to retain them on grounds of public interest.

Meanwhile Shamsul, appearing for the government, said the home minister was guided by a 1986 government directive that prohibited Christian publications from using "Allah", 'kaabah", "solat" and "baitullah".

He said the reasons were pegged on grounds of preventing misunderstanding between Christians and Muslims that could lead to threats to national security and public order.

"That order dated on December 5, 1986, is still in force," he said, adding that it was a pre-emptive strike by the minister who did not want to wait for violence to break out.

Shamsul said he would seek guidance from the Attorney-General whether to file an appeal in the Federal Court and also obtain a stay to retain the CDs pending a final decision by the apex court.

Annou Xavier, who also represented Ireland, said he would obtain instruction from his client whether to go through a trial to determine her constitutional right or also appeal to the Federal Court.

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".

In seeking a judicial review against the seizure, she had 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.

Constitutional lawyers said Ireland's cross-appeal could be used to revisit unresolved problems 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 its weekly publication.

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.