KUALA LUMPUR – Attorney-General Tan Sri Idrus Harun had found the government’s initial appeal against the high court’s landmark ruling in 2021 allowing non-Muslims to use the term “Allah” to be “weak,” said Prime Minister Datuk Seri Anwar Ibrahim.
Addressing the Dewan Rakyat today, Anwar (Tambun-PH) said when the withdrawal of the appeal was brought up with the attorney-general, it had received Idrus’ backing due to several reasons – including that the lengthy court procedure would not have worked in the government’s favour.
“What is important is that the attorney-general opined that the case (appeal) is weak because of rules (previously issued) by the Home Ministry.
“The attorney-general also thought that the appeal would contradict an earlier decision by the Conference of Rulers, which the Yang di-Pertuan Agong had asked the cabinet to follow for all decisions (by the rulers relating to this matter).”
Anwar said this when responding to a supplementary question from PAS secretary-general Datuk Seri Takiyuddin Hassan (Kota Baru-PN) on why the government had opted to not proceed with the appeal.
The prime minister had earlier explained that the cabinet, in its meeting on February 7 this year, had agreed to adhere to the Agong’s orders.
Noting that the Conference of Rulers had decided that the word “Allah” cannot be used by non-Muslims in West Malaysia, while conditional usage is to be allowed in East Malaysia, Anwar said the attorney-general had then been engaged to look at the case “from an administrative perspective”.
“The attorney-general’s decision to not proceed with the appeal is in line with the stand made by the Conference of Rulers. The problem now is that there is a directive from the Home Ministry issued in 1986 that contradicts the rulers’ stand,” said Anwar.
Anwar, who is also Pakatan Harapan chairman, said the government intends to amend and revoke laws that do not align with the Conference of Rulers’ stance as part of government efforts to avoid the issue being contested in court in the future.
“The unity government’s focus now is on streamlining relevant laws (to reflect the Conference of Rulers’ stand). If we were to proceed with the appeal, then this case would surface again because there will still be existing contradictions.
“By ending the appeal (process), we are able to build the necessary laws in a clear way so that no further cases can be brought to court again. If that side (opposition) is willing to be objective, I’m sure they can see that this (reviewing of laws) is not a problem.”
On May 15, 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 the appeal, resulting in criticism from Muslim rights groups and figures from opposition party PAS.
Past news reports on the high court’s March 2021 decision in favour of Sarawakian Jill Ireland have stated the judge’s findings that the Home Ministry’s directive in December 1986 to ban the word “Allah” and three other terms from non-Muslims’ use contradicted a cabinet decision.
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 more than 400 years.
It was reported then that the cabinet in 1986 had left it to the deputy prime minister at the time, 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. – The Vibes, May 23, 2023
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