KUALA LUMPUR – The Home Ministry will be contemplating legal redress in appealing the decision by the high court allowing the use of the word “Allah” and three others for the purpose of religious education once it has received the written judgment.
While the ministry expressed its awareness over yesterday’s ruling, Home Minister Datuk Seri Hamzah Zainudin called upon all parties to not speculate and make their own interpretations.
“I call upon all parties to respect the legal process and the country's judiciary," he said in a brief statement today.
Muafakat Nasional – comprising Umno and PAS – has urged the government to launch an appeal against the high court’s decision to allow Christians to use the word “Allah” in their publications.
“MN wants to state its highly serious concern with the high court’s decision to allow the use of Islamic terms by non-Muslims in their publications,” said a statement from the pact after its monthly meeting at the Umno headquarters in Menara Dato Onn here last night.
Bersatu too urged the government to appeal against the high court’s decision.
Information chief Wan Saiful Wan Jan said the use of the word “Allah” by non-Muslims in the country touches on Muslim sensitivities.
“I have heard and read the comments following the court’s decision on the use of the word ‘Allah’. This is not a new issue, but a long-standing one,” he said in a Facebook post today.
He said legislation needs to consider the current environment and culture.
“On matters that touch on the sensitivities of Muslims, there is a need for them to be managed carefully and thoroughly.”
He said he has reached out to his party colleagues in the cabinet to air his views on the matter and express hope for an amicable solution.
Yesterday, the Kuala Lumpur High Court ruled that Christians nationwide are allowed to use the word “Allah”, “Baitullah”, “Kaabah” and “solat” in their religious publications for educational purposes.
This effectively rendered invalid a circular issued by the Home Ministry against the word “Allah” being used by Christian publications in the country.
This followed Court of Appeal judge Datuk Nor Bee Ariffin, sitting as high court judge, allowing a judicial review application by a Sarawak native Christian, Jill Ireland Lawrence Bill.
In the application, Jill Ireland had sought, among others, a declaration that it is her constitutional right to have access to Christian publications in the exercise of her rights to practise her religion and right to education, as provided under Article 11 of the federal constitution.
She also wanted the court to declare the Home Ministry’s 1986 circular to ban the word “Allah” in Christian publications as unconstitutional and unlawful.
Justice Nor Bee, in her ruling, held that the directive by the Home Ministry in 1986 not to allow the use of the four words is filled with illegality and irrationality.
“The use of the words would not disrupt public order,” she said.
Justice Nor Bee added that the words could also be used by the community for teaching purposes as they have been in use for more than 400 years.
The legal battle over the matter began 13 years ago after Jill Ireland commenced the judicial review application on August 20, 2008, for the return of eight CDs seized from her on May 11, 2008, upon her arrival at the Low-Cost Carrier Terminal in Sepang.
The CDs bore the titles “Cara Hidup Dalam Kerajaan Allah”, “Hidup Benar Dalam Kerajaan Allah” and “Ibadah Yang Benar Dalam Kerajaan Allah”.
She filed the judicial review application to challenge the seizure of the CDs and sought a declaration over her constitutional rights in relation to the use of the word “Allah” in Christian publications.
The high court had, in July 2014, held that the Home Ministry was wrong to seize the CDs and ordered it to be returned, but did not decide on the constitutional issues raised by the woman.
In June 2015, the Court of Appeal had directed the Home Ministry to return the CDs after dismissing the appeal by the Home Ministry and government.
The Court of Appeal, in the ruling, also remitted the matter back to the high court to hear the constitutional issues.
The high court was supposed to pronounce its verdict in 2018 but it was postponed several times for various reasons. – The Vibes, March 11, 2021
