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Tuesday, May 16, 2023

Pushback against govt move to withdraw appeal in 'Allah' case

 


The government’s decision to withdraw its appeal against a landmark ruling which allowed Jill Ireland - a non-Muslim Sarawakian - to use the word “Allah” continues to receive criticism from local groups and figures.

In a statement, the Malaysian Alliance of Civil Society Organisations (Macsa) said Putrajaya’s move to withdraw the appeal came as a “huge surprise and disappointment” as it was made without any justification.

According to the group, the Kuala Lumpur High Court decision in 2021 - which allowed a judicial review by Ireland to use the word Allah - appeared to be in conflict with an earlier decision by the Federal Court in 2015.

The apex court dismissed an appeal by the Roman Catholic Archbishop of Kuala Lumpur to use the word “Allah” in its weekly publication The Herald.

“The Kalimah Allah issue is a highly sensitive public interest issue among Malaysians be they Muslim or non-Muslim. As legal proceedings have been commenced by Jill Ireland, legal means should be exhausted to resolve the matter.

“The rakyat has been told since the High Court decision that the government will appeal and defend its position until the legal remedies are exhausted.

“Thus, it has come as a huge surprise and disappointment that the appeal was withdrawn without any justification.

“Macsa wishes to record its unhappiness with the withdrawal of the appeal and lack of accountability and justification of the government in such withdrawal,” MACSA’s statement read.

The statement was signed by its chairpersons Lukman Sheriff Alias and Rafidah Hanim Mokhtar (above).

Exclusive for Muslims in Malaysia

Similarly, former religious minister Zulkifli Mohamad Al-Bakri also expressed his disappointment over the matter and hoped the government has an answer to why they withdrew the appeal.

According to Zulkifli, who served under the Muhyiddin Yassin government, the decision to appeal against the 2021 High Court ruling was made after discussion with state muftis, the national Islamic religious council, NGOs, experts, and academicians.

former religious minister Zulkifli Mohamad Al-Bakri

“The decision to appeal was made based on the understanding that the words ‘Allah’, ‘Baitullah’, ‘Kaabah’, and ‘Solat’ must be kept exclusive for Muslims in Malaysia.

“After all (due processes) have been followed, I then presented this to the cabinet during a meeting, before the federal government under the previous administration initiated the appeal process.

“I really hope that the Madani government through its Home Ministry has an answer. Because its minister Saifuddin Nasution Ismail had said that he will hold a press conference soon on this very important issue for Muslims,” Zulkifli said in a statement.

Meanwhile, Bersatu Youth in a statement condemned Putrajaya for its decision and questioned if the government led by Prime Minister Anwar Ibrahim is pushing the pluralism agenda, which it said can jeopardise the sanctity of Islam.

Its information chief Mohd Ashraf Mustaqim Badrul Munir said the move was in stark contrast to what the previous government under Muhyiddin had done regarding the matter by filing an appeal against the High Court ruling.

“Hamzah Zainudin as the home minister then had even issued an administrative order regarding the use of the word ‘Allah’ to prevent confusion.

“Muslims around the country must question and rise to protest this pluralism agenda which can corrupt our Muslim generations and invites further social problems,” he said.

Earlier today, it was reported that the government has withdrawn its appeal in the case through a notice of discontinuance, which it filed at the Court of Appeal on April 18.

According to a copy of the notice of discontinuance, the appellants “have no intention to proceed with the notice of appeal filed on March 12, 2021, and discontinue this entire appeal without an order as to costs.”

Home Minister Saifuddin Nasution Ismail reportedly said it was the Home Ministry’s decision which led the government to withdraw its appeal. - Mkini

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