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Monday, October 14, 2013

Critics told to respect the court's decision


Lawyers for seven state Islamic affairs councils which won an appeal in the Court of Appeal today over the use of the word "Allah" have asked all quarters to respect the decision of the court and the respondent's decision to appeal to the Federal Court.

NONELawyer Zainul Rijal Abu Bakar, who represented the Terengganu Islamic Affairs and Malay Customs Council, said the respondent had 30 days from today to file the appeal.

In a unanimous decision today, a three-member bench of the Court of Appeal, led by Federal Court judge Mohamed Apandi Ali, allowed the government's appeal to set aside a 2009 decision of the High Court that had allowed the use of the word "Allah" in The Herald, a Malaysian Catholic weekly publication.

Zainul Rijal gave the advice when he addressed about 300 representatives of non-governmental organisations, political parties and members of the public who had gathered in front of the Palace of Justice, Putrajaya.
Later on the sidelines, when contacted by Malaysiakini over whether Christian groups may be upset with the decision as some may describe it as unconstitutional, Zainul Rijal said if everybody interprets the constitution according to their whims and fancies, the nation will crack without laws.

He said the constitution is the supreme document for the country.

“The body to interpret the constitution is the court and the court has decided. Who are they to question whether the decision is against the constitution?” he asked.

“Do they not respect the court or they would respect the court when a decision falls in their favour?” said the president of the Muslim Lawyers Association.  

Sitting with judge Mohamed Apandi were Court of Appeal judges Mohd Zawawi Salleh and Abdul Aziz Abdul Rahim.
    
On Feb 16, 2010, the Roman Catholic Church led by Archbishop Murphy Pakiam, filed a judicial review application naming the Home Ministry and the government as respondents, seeking, among others, a declaration that the Home Ministry's decision to prohibit the use of the word "Allah" in The Herald publication was illegal.
Exclusive term

The weekly, published in four languages, had been using the word "Allah" to refer to God in the Herald Malay-language section, specially to cater for the people in Sabah and Sarawak. 

On Dec 31, 2009, the High Court declared that the decision by the Home Ministry prohibiting The Herald from using the word "Allah" was illegal, null and void.

revathi masoosai habeas corpus case 060707 haniff khatriMeanwhile, lawyer Mohamed Haniff Khatri Abdullah (left), representing the Malaysian Chinese Muslims Association, said they would have to study the judgments of the three judges in preparation to face the appeal.

Former PAS deputy president Nasharudin Mat Isa said the decision of the Court of Appeal should be respected by all quarters, and added that the word 'Allah' was not fundamental in Christian teachings. 

President of the Malay right-wing group Perkasa, Ibrahim Ali, said the issue over the word "Allah" had been politicised to make it seem that Muslims in the country were hostile to Christians.

"We have never been hostile to people of other religions. The constitution and Syariah laws clearly state that the word 'Allah' cannot be used by any other religion except Islam," he said.
Lawyers to study judgment
In ARAFAH, Saudi Arabia, Malaysian Minister in the Prime Minister's Department Jamil Khir Baharom said all quarters should accept the decision of the Court of Appeal.

He said the Malaysian government welcomed the decision and added that the it was regarded as a gift for Malaysian Muslims gathered in Arafah for the 'wukuf' (grand assembly) in conjunction with the haj pilgrimage.

Meanwhile, in PUTRAJAYA, in an immediate response, The Herald's editor Father Lawrence Andrew told reporters that his counsel would appeal to the Federal Court.

Lead counsel Porres Roran and S Selvarajah said they needed to study all the three written judgments to determine whether today's decision was binding on all Christians.

In a related development, Council of Churches Malaysia secretary-general Hermen Shastri said: "We should not fight over the word 'Allah'."  

- Bernama

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