Govt's 'Allah' ban for non-Muslims invalid, High Court rules

 

The government has erred in issuing the 1986 ban on the use of the word "Allah" by non-Muslims, ruled the Kuala Lumpur High Court.

Thus, a Melanau Christian has the right to use the word “Allah” for religious and educational purposes.

Judge Nor Bee Ariffin today allowed the legal action by Jill Ireland in the 13-year long-running saga.

Ireland initially instituted an action for the return of Malay-language Christian CDs and religious books seized by Malaysian customs authorities at the Kuala Lumpur Low-Cost Terminal (LCCT), Sepang, in 2008.

However, following a court order ordering the items returned to the clerk in 2015, her legal battle has since then became one seeking court declaration over the right to use the word “Allah”. 

Ireland was seeking a declaration that her constitutional right to practice her religion was violated by the imposition of a restriction or ban on the import of educational materials.

She also wanted a declaration that the use of the Publication and Printing Presses Act (PPPA) 1984 and the Customs Act 1967 to seize the CDs was an infringement on equality under the law.

Today's High Court decision came after numerous postponements since at least 2018, following several attempts to settle the matter.

This decision though is distinguishable and does not contradict a previous precedent set by the Federal Court in 2015, when it dismissed the "Allah" appeal by the Roman Catholic Church. 

When reading out the lengthy judgment, Nor Bee said the home ministry's directive dated Dec 5, 1986, banning the use of "Allah", "Kaabah", "Baitullah", "Solat" by non-Muslims, has no statutory backing and is therefore illegal and irrational.

The directive was relied on by the authorities when they confiscated the eight CDs in 2008.

[More to follow] - Mkini