Sarawakian Jill Ireland to block FT religious council from interfering in Allah CD appeal

Lawyer Annou Xavier together with Jill Ireland’s legal team says Ireland’s case is not about Christianity against Islam, but about her constitutional right as a bumiputera Christian. – The Malaysian Insider file pic, February 25, 2015.

Sarawak Christian Jill Ireland will oppose an application by the Federal Territory Islamic Council (MAIWP) to intervene in Putrajaya's appeal against a High Court ruling ordering the return of eight CDs containing the word "Allah".

Her lawyer Annou Xavier said an affidavit in reply would be filed in the Court of Appeal, ahead of a hearing on March 5 on whether to allow the council's application.

"We will be filing the papers this week outlining why our client is against the council being made party to the suit," he told The Malaysian Insider.

It is believed that Ireland's main ground of opposing the application is planked on the basis that the council did not have any legal interest.

The council has since filed an application seeking to intervene, giving the following reasons:

* That MAIWP has the right to regulate how non-Muslims pray and the materials they use, including audio and texts.

* The Yang Di-Pertuan Agong and/or sultan, as head of Islam for the relevant state, has the right to regulate all matters relating to Islam including the use of the word “Allah”.

* Some of the relief sought by Ireland, including the right to use, import, export, distribute any Christian material with the word “Allah” for her own edification in professing her religion is guaranteed by the constitution and as such, MAIWP has the right to regulate or prohibit such materials.

* That Ireland’s act of using materials with the word “Allah” will cause confusion leading to unrest and public disorder.

* The act of Ireland in using these materials will contravene Section 298A of the Penal Code and police must be empowered to investigate and seize such material which could pose a threat to security, and arrest the person in possession of those items.

* MAIWP has the right to refer such matters to the shariah courts if any non-Muslim is in possession of materials with the words like “Allah”, “kaabah” and “solat”.

Judge Datuk Zaleha Yusof last July ordered the return of the CDs to Ireland, a Melanau clerk who had brought them in from Indonesia, but Putrajaya managed to obtain a stay to retain them on grounds of public interest.

In 2008, home ministry officials confiscated the CDs from Ireland at the then Low-Cost Carrier Terminal (LCCT) in Sepang after she had disembarked from a flight.

The CDs, which Ireland bought for personal use, had titles such as "Cara Hidup Dalam Kerajaan Allah", "Hidup Benar Dalam Kerajaan Allah" and "Ibadah Yang Benar Dalam Kerajaan Allah".

She also asked for a declaration, saying that she had a legitimate expectation to exercise the right to use "Allah" and to continue to own and import such materials.

Ireland's legal team argued that the case was not about Christianity against Islam, but about her constitutional right as a bumiputera Christian.

Putrajaya submitted that the minister had exercised his power under the Printing Presses and Publications Act 1984 to withhold the material if it was likely to be prejudicial to public order.

Meanwhile, Ireland also filed an appeal against the High Court decision which failed to address her constitutional right to use the word "Allah", as the court had only ordered the CDs to be returned to her.

No appeal date has been fixed yet.

Xavier said the constitutional issues that would be raised were the position of Islam as the religion of the federation, the supremacy of the constitution, the right to profess and practise one's religion subject to limitations imposed, and rights to religious education.

Constitutional lawyers said Ireland's cross-appeal could be used to revisit unresolved issues that could not be argued in the case involving Catholic weekly, Herald.

That case came to an end on January 21, after the Federal Court dismissed a review application by the Catholic Church to use the word "Allah" in the newsweekly.

The word “Allah” is widely used by Christians in Sabah and Sarawak, and the church argued that the ban on its use was a violation of freedom of religion.

- TMI