Church files more questions in ‘Allah’ case which goes to Federal Court next week

The 'Allah' issue goes to the Federal Court next week and the Catholic Church has filed two more questions in its leave application. – The Malaysian Insider file pic, February 26, 2014.The Catholic Church has filed two more questions in its leave application on the "Allah" case as the Federal Court is scheduled to hear the matter on March 5.

The first is whether the Court of Appeal had used the correct test when it concluded that Christians are not allowed to use the word “Allah” as the word is not an integral part of the Christian faith and practice.

The second is whether it is appropriate for the Court of Appeal to adopt the general principle that the minority must give way to the majority of the community when there is already a balance and
safeguard to the position of Islam and Muslims.

Benjamin Dawson, one of the counsels in the church's legal team, said the questions were related to the Federal Constitution.

The additional questions filed on Monday were sighted by The Malaysian Insider.

On November 12, the church had submitted 26 questions on the Constitution, administrative law as well as the power of the court to allow the home minister to ban the use of a theological word.

These questions were part of the application filed by lawyers for the church, seeking leave to appear before the Federal Court to challenge the Court of Appeal's ruling on the "Allah" issue.

On October 14, a three-member bench led by Datuk Seri Mohamed Apandi Ali allowed Putrajaya's appeal to ban the Catholic weekly Herald from using the word "Allah".

This was in line with a 1986 directive by the Home Ministry that prohibited non-Muslim publications from using four words: "Allah", "Kaabah", "Solat" and "Baitullah".

Apandi in his judgment said the reason for the prohibition was to protect the sanctity of Islam and prevent any confusion among Muslims.

He also ruled that if the word was allowed to be used by Christians, it could threaten national security and public order.

Furthermore, the court said the prohibition was reasonable on grounds that the word "Allah" was not an integral part of the Christian faith and practice.

The decision sparked an outcry among Christians and other non-Muslims both in the peninsula, and Sabah and Sarawak.

In 2009, the Herald filed a judicial review in the High Court to challenge the home minister's order.

In 2009, High Court judge Datuk Lau Bee Lan quashed the home minister's order, ruling the ban violated the constitutional right of the publisher.

Lawyer Fahri Azzat, commenting on the Court of Appeal's decision, said since “Allah was not an integral part of the Christian faith and practice", the word became the monopoly of Muslims and the Islamic faith in this country.

He said the Court of Appeal ruling not only affected the Herald, a publication in the peninsula, but covered the entire federation.