Appeal filed against 'Allah' court ruling

 

The legal battle over the "Allah" issue has now moved to the Court of Appeal. 

This follows an appeal by the home minister and the government against a High Court ruling that the word "Allah" can be used by non-Muslims in Malaysia.

When contacted today, Solicitor-General Abdul Razak Musa confirmed the appeal has been filed. He is from the Attorney-General's Chambers and acts for the minister and the government.

The appeal is against a March 10 ruling by the High Court in Kuala Lumpur that struck down a 1986 directive forbidding non-Muslims from using the word "Allah".

The decision by Court of Appeal judge Nor Bee Ariffin, who delivered the verdict in the capacity of a High Court judge, allowed the legal challenge by Melanau Christian Jill Ireland.

In the long-running saga, Ireland initially instituted an action for the return of Malay-language Christian CDs and religious books seized by Customs officers at the Kuala Lumpur Low-Cost Terminal (LCCT), Sepang, in 2008.

However, following a court order to have the items returned to the clerk in 2015, Ireland's legal battle became one seeking court declaration over the right to use the word "Allah".

Ireland was seeking a declaration that her constitutional right to practice her faith was violated by the imposition of a restriction or ban on the import of educational materials.

She also wanted a declaration that the use of the Publication and Printing Presses Act (PPPA) 1984 and the Customs Act 1967 to seize the CDs was an infringement on the right to equality under the law.

A minister, who is not named, and the government are the two respondents in the judicial review by the applicant, Ireland.

According to a copy of the notice of appeal made available to the media, the notice was filed today.

“Take notice that the appellants here, the home minister and the government of Malaysia, who are not satisfied with the decision of Her Honourable High Court judge Nor Bee Ariffin issued at the High Court of Malaya at Kuala Lumpur on March 10 2021, hereby appeal to the Court of Appeal of Malaysia against the whole decision,” the court filing states.

Following the High Court ruling, the Muafakat Nasional Consultative Committee had urged that the decision be referred to the Court of Appeal.

Muafakat, in a statement, said the coalition views seriously the High Court decision in allowing non-Muslims to use Islamic words in their publications.

The coalition, which includes Umno and PAS, also urged the government to take the initiative to expedite the implementation of a more harmonised legal system within the Federal Constitution framework.

Sarawak Deputy Chief Minister James Masing reportedly chastised Umno and PAS for their call to appeal the court ruling.

Home Minister Hamzah Zainudin had called on all parties not to speculate or interpret the High Court's ruling over the use of the word "Allah" by Christians.

He reportedly said all parties should respect the country's legal and judicial process.

Inspector-General of Police Abdul Hamid Bador had warned of stern action against those who seek to stage a protest against a High Court ruling.

However, former law minister Zaid Ibrahim said that the use of the word “Allah” should be resolved through consensus instead of the legal process.

He said this is because the issue is a divisive one and it would be hard for the law to come to a win-win situation for all on the matter. - Mkini