Islamic bodies seek to intervene in 'Allah' appeal

 

Two state-level Islamic religious councils seek to intervene in the government’s appeal over the use of the word “Allah” by non-Muslims in Malaysia.

The Federal Territory Islamic Religious Council (MAIWP) and the Johor State Islamic Religious Council have filed applications to be included in the appeal against a high court decision that struck down a 1986 directive forbidding non-Muslims from using the word “Allah”.

Lawyer Annou Xavier confirmed that the two religious bodies have filed applications to intervene in the appeal at the Court of Appeal, which involves his client, Melanau Christian Jill Ireland.

“The Court of Appeal has fixed July 12, 2021 (for case management) to enable the Attorney-General’s Chambers (AGC) to file appeal records and for parties to file respective affidavits to the proposed interveners applications filed by Johor State Islamic Religious Council and the Federal Territory Islamic Religious Council,” Xavier said when contacted today.

He was speaking after case management of the government’s appeal before the Court of Appeal Registry today.

The AGC appeared for the appellants, namely the government and the home minister, who is not named.

On March 10, the Kuala Lumpur High Court allowed Ireland’s judicial review seeking declaration that she has the right to use the word “Allah” for religious and educational purposes.

High court judge Nor Bee Ariffin ruled then that the government has erred in issuing the 1986 ban on the use of the word “Allah” by non-Muslims.

In the long-running saga spanning 13 years, Ireland initially instituted an action for the return of Malay-language Christian CDs and religious books seized by customs at the Kuala Lumpur Low-Cost Terminal (LCCT), Sepang, in 2008.

However, following a court order to have the items returned to the clerk in 2015, her legal battle 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 faith 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 the right to equality under the law.

The home minister, who was not named, and the government were the two respondents in the judicial review by the applicant, Ireland.

On March 15, the two respondents filed their appeal to reverse the high court ruling.

Following the high court ruling, the Muafakat Nasional Consultative Committee had urged that the decision be referred to the Court of Appeal.

Muafakat, in a statement, said the coalition views seriously the high court decision in allowing non-Muslims to use Islamic words in their publications.

The coalition, which includes Umno and PAS, also urged the government to take the initiative to expedite the implementation of a more harmonised legal system within the Federal Constitution framework.

Sarawak Deputy Chief Minister James Masing reportedly chastised Umno and PAS for their call to appeal the court ruling.

Home Minister Hamzah Zainudin had called on all parties not to speculate or interpret the high court ruling.

He reportedly said all parties should respect the country’s legal and judicial process.

Then inspector-general of police Abdul Hamid Bador had warned of stern action against those who seek to stage a protest against the ruling.

However, former de facto law minister Zaid Ibrahim said that the use of the word “Allah” should be resolved through consensus instead of the legal process.

He said this is because the issue is a divisive one and it would be hard for the law to come to a win-win situation for all on the matter. - Mkini