PUTRAJAYA – The home minister said today the government’s decision to withdraw its appeal in a case of the use of the word “Allah” by a Christian Sarawakian woman was because of “contradictions” between a 1986 cabinet decision and a subsequent circular by the ministry issued in December the same year banning the word and three other words from use by non-Muslims.
Datuk Seri Saifuddin Nasution Ismail said the discrepancy was detected during the appeal application process.
The withdrawal decision was also made after the ministry analysed the high court’s decision on March 10, 2021 which allowed Jill Ireland, a Sarawak Melanau, the use of “Allah” in Christian teaching materials.
The high court ruling, Saifuddin said, was based on a “civil and administrative legal approach” relating to the confiscation of published materials belonging to Ireland.
The court’s decision is not based on a theological perspective involving the use of “Allah” as the courts are unsuitable for deciding on religious matters, the minister said, as reported by Getaran, The Vibes’ sister news portal in Putrajaya today.
Yesterday, it was revealed that the Attorney-General’s Chambers had on April 18 informed the Court of Appeal that it does not intend to pursue an appeal against the high court’s landmark decision in 2021 allowing Ireland to use the term “Allah” in her Christian materials.
The government’s withdrawal of its appeal has sparked criticism from Muslim groups such as Malay rights coalition Pembela and an association of shariah lawyers in the Federal Territories.
Umno ministers are also expected to raise the matter during tomorrow’s cabinet meeting.
Saifuddin did not elaborate on the “discrepancy” he mentioned, but past news reports about the high court’s March 2021 decision in favour of Ireland have stated the judge’s findings that the Home Ministry’s circular in December 1986 to ban Allah and three other words from non-Muslims’ use contradicted a cabinet decision.
The ruling rendered invalid a circular issued by the Home Ministry against the use of the word “Allah” by Christian publications in the country.
The three other words also allowed by the ruling are “Baitullah,” “Kaabah,” and “solat”.
The high court judge then was Datuk Nor Bee Ariffin, now a Court of Appeal judge. In her 2021 ruling, she held that the 1986 directive was filled with illegality and irrationality, adding that the four words could also be used by Christians for teaching purposes as they have been in use for over 400 years.
It was reported then that the Cabinet in 1986 had left it to then deputy prime minister, the late Tun Ghafar Baba, to decide which words should be prohibited for Christians.
Ghafar had apparently decided that four words, “Allah”, “Kaabah”, “Baitullah” and “solat” were permitted on the condition that “For Christians” was printed on the cover of books or materials.
The Home Ministry’s December 1986 circular however, ordered a blanket ban on the four words without any condition.
Nor Bee had also noted that the circular was signed by an officer on behalf of the ministry’s secretary-general and not the minister, raising doubt on its authority.
On that basis, she found the ministry’s circular inconsistent with the cabinet’s decision.
As such, Saifuddin said today that the home ministry will be reviewing the directive to be more comprehensive in addressing the issue of the use of “Allah” and the three other words in religious publications.
“The ministry remains committed to defending and protecting the interests of Islam, Malaysia and the royal institution, particularly regarding the usage of the word ‘Allah’ in line with Article 11(1) and 11(4) of the federal constitution…which gives every individual the right to practice and adhere to his religion.”
Saifuddin added that despite these rights, there are still federal and state laws that restrict the spreading of non-Islamic doctrines among Muslims. – The Vibes, May 16, 2023
