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Thursday, January 19, 2023

3 state Islamic bodies withdraw bid to intervene in 'Allah' appeal

Three state-level Islamic religious councils will no longer 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Religious Council (MAIWP), the Selangor Islamic Religious Council (Mais), and Kedah state religious council have withdrawn their intervener application in the government’s appeal involving Melanau Christian Jill Ireland.

When contacted, Ireland’s counsel Lim Heng Seng confirmed that the lawyer for the three state religious councils, Mohamed Haniff Khatri Abdulla, notified the Court of Appeal about the withdrawal.

Lim said the court made no order as to costs.

He added that the Johor State Islamic Religious Council, which previously sought to intervene, earlier withdrew their bid to be part of the appeal.

In June 2021, it was reported that MAIWP and the Johor State Islamic Religious Council 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”.

Earlier that year, on March 10, 2021, the Kuala Lumpur High Court allowed Ireland’s judicial review seeking a declaration that she has the right to use the word “Allah” for religious and educational purposes.

Then High Court judge Nor Bee Ariffin ruled then that the government erred in issuing the 1986 ban on the use of the word “Allah” by non-Muslims. She has since been elevated to the Court of Appeal.

In the long-running saga spanning over 13 years at that point, 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 Printing Presses and Publications 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. They are the appellants in the appeal now pending before the Court of Appeal. - Mkini

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