LIVE REPORTS
8.05am: Confirmed - it's a seven-member bench with Chief Justice Arifin Zakaria chairing the panel.
The others comprise three top ranking judges - President of Court Appeal Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin, Chief Judge Sabah and Sarawak Richard Malanjum.
The remaining are Federal Court judges Suriyadi Halim Omar, Zainun Ali and Jeffrey Tan Kok Wha.
7.53am: Archbishop Murphy Pakiam, the appellant in today's application has arrived. There is security check as people enter the Palace of Justice in Putrajaya.
For the media, 20 passes are allocated.
7.33am: While thousands of Christians in Malaysia pray and fast in the holy season of Lent which begins today, Ash Wednesday, they also wait with bated breath for the Federal Court hearing of the Catholic Church's appeal over the use of the word ‘Allah’.
Likewise, Malay Muslim pressure groups such as Perkasa, Ikatan Muslimin Malaysia (Isma) and Jalur Tiga (Jati) are expected to converge at the Palace of Justice in Putrajaya - the home of the country’s highest court - to call on the judges to uphold the appellate court decision.
Lawyers for the archbishop of the Catholic Church are hoping to gain leave (permission) to appeal the Court of Appeal's controversial decision last October barring the church from using ‘Allah’ in the Bahasa Malaysia section of its The Herald weekly.
They had posed 26 questions altogether, which are broadly divided in three categories:
Second, whether the court adopts the principle of 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.
However, the Catholic Church's lawyers will first have to set aside the preliminary objections by six state Islamic councils and the Malaysian Chinese Muslims Association (Macma), which arecontesting the leave application as they felt the appellate court's judgment is a finding of fact.
The six states are Terengganu, Kedah, Johor, Malacca, Federal Territory and Selangor.
The Kuala Lumpur High Court had on Dec 31, 2009 decided that the ban by the Home Ministry on the use of the word ‘Allah’ in The Herald was illegal.
Lawyers representing the church have also asked for a multiracial full bench to hear the appeal. There is a possibility that a seven-member bench may hear today's application.
The court had only at one occasion sat with seven judges on the bench - the S Arulpragasam case regarding the issue of burden of proof.
Malaysiakini is covering today’s proceedings LIVE.
[More to follow]
8.05am: Confirmed - it's a seven-member bench with Chief Justice Arifin Zakaria chairing the panel.
The others comprise three top ranking judges - President of Court Appeal Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin, Chief Judge Sabah and Sarawak Richard Malanjum.
The remaining are Federal Court judges Suriyadi Halim Omar, Zainun Ali and Jeffrey Tan Kok Wha.
7.53am: Archbishop Murphy Pakiam, the appellant in today's application has arrived. There is security check as people enter the Palace of Justice in Putrajaya.
For the media, 20 passes are allocated.
7.33am: While thousands of Christians in Malaysia pray and fast in the holy season of Lent which begins today, Ash Wednesday, they also wait with bated breath for the Federal Court hearing of the Catholic Church's appeal over the use of the word ‘Allah’.
Likewise, Malay Muslim pressure groups such as Perkasa, Ikatan Muslimin Malaysia (Isma) and Jalur Tiga (Jati) are expected to converge at the Palace of Justice in Putrajaya - the home of the country’s highest court - to call on the judges to uphold the appellate court decision.
Lawyers for the archbishop of the Catholic Church are hoping to gain leave (permission) to appeal the Court of Appeal's controversial decision last October barring the church from using ‘Allah’ in the Bahasa Malaysia section of its The Herald weekly.
They had posed 26 questions altogether, which are broadly divided in three categories:
- Constitutional questions regarding Article 3 on the position of Islam, Article 11 on freedom of religion, and Article 12 on each religion being allowed to manage its own affairs.
- Whether the home minister acted beyond its powers in limiting fundamental liberties.
- And whether the court can decide on comparative religious issues based on Internet research.
Second, whether the court adopts the principle of 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.
However, the Catholic Church's lawyers will first have to set aside the preliminary objections by six state Islamic councils and the Malaysian Chinese Muslims Association (Macma), which arecontesting the leave application as they felt the appellate court's judgment is a finding of fact.
The six states are Terengganu, Kedah, Johor, Malacca, Federal Territory and Selangor.
The Kuala Lumpur High Court had on Dec 31, 2009 decided that the ban by the Home Ministry on the use of the word ‘Allah’ in The Herald was illegal.
Lawyers representing the church have also asked for a multiracial full bench to hear the appeal. There is a possibility that a seven-member bench may hear today's application.
The court had only at one occasion sat with seven judges on the bench - the S Arulpragasam case regarding the issue of burden of proof.
Malaysiakini is covering today’s proceedings LIVE.
[More to follow]
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