Urgent, full-bench hearing on 'Allah' appeal sought

DAP chairperson Karpal Singh is seeking an urgent, full-bench hearing by the Federal Court on the appeal against the ruling thatThe Herald cannot use the word ‘Allah' in its Malay language edition.

Karpal said the Court of Appeal's judgment on Monday has caused "serious disquiet and tension" between Muslims and non-Muslims, and therefore lawyers for The Herald should file a request to the Chief Justice of Malaysia, under Rule 61 of the Federal Court, for the appeal to be heard as soon as possible.

"There is no doubt the net has been cast too wide by the Court of Appeal in bringing in its swoop," the veteran lawyer said, adding that ‘Allah' is stated in the Sikh holy book, the Guru Granth Sahib, 37 times.

"This is clearly unconstitutional. The Sikhs must also be reassured that they are not affected by the ruling of the Court of Appeal," Karpal said in a statement yesterday.

He also said that all 14 Federal Court judges in the country should hear the case to reassure Christians that there are both Muslims and non-Muslims hearing the case, and to give finality to the matter.

"This issue requires to be finally and authoritatively decided by the highest court of the land," Karpal stressed.

In its unanimous decision, a three-member bench of the Court of Appeal overruled KL High Court judge Lau Bee Lan's 2009 decision that the Home Ministry's ban on the use of the term ‘Allah' by the Catholic weekly The Herald was unlawful and unconstitutional as it violated Article 11 of the federal constitution.

Recently-elevated Federal Court judge Mohamed Apandi Ali (left) chaired the bench, sitting with Justices Abdul Aziz Abdul Rahim and Mohd Zawawi Salleh of the Court of Appeal.

"It is our common finding that use of the name 'Allah' is not an integral part of the faith and practice of Christianity," Justice Mohamed Apandi said, reading out a summary judgment.

"From such finding, we find no reason why the respondent (Archbishop Titular Catholic Church) is so adamant on using the name 'Allah' in the weekly publication. Such use, if allowed, will inevitably cause confusion within the community," the judge added.

Critics of the ruling have pointed out that the term ‘Allah' has been used by Christians and Muslims to refer to God in their respective faiths in many parts of the world, especially the Middle East, and by Christians in East Malaysia long before the formation of the federation.