Appeal Court decision has become law of the country

Civil liberties lawyer Syahredzan Johan, said the Court of Appeal’s ruling in the HERALD’s case is now the “law of the land” that will be binding in similar cases. The Court of Appeal (decision) will be cited as an authority.”

Jul 05, 2014

KUALA LUMPUR: Civil liberties lawyer Syahredzan Johan, said the Court of Appeal’s ruling in the HERALD’s case is now the “law of the land” that will be binding in similar cases. The Court of Appeal (decision) will be cited as an authority.”

Syahredzan said that the appellate court’s decision to uphold the Home Ministry’s ban on the HERALD preventing it from describing God with the Arabic word ‘Allah’ consisted of three points.

He noted that the Court of Appeal has ruled:

a) That use of the word ‘Allah’ was not integral to the Christian faith.

[However, on June 23 at the Federal Court Chief Justice, Tun Arifin Zakaria said, that the Court of Appeal’s theological views on ‘Allah’ were considered “obiter”, the Latin legal term that refers to a judge’s opinion that is not essential to the decision and hence, not legally binding as a precedent].

b) That one’s fundamental right to practise and profess a religion could now be curtailed on the basis that it may cause confusion and disrupt public order.

c) The Appeal court had interpreted Article 3(1) of the Federal Constitution as saying that though other religions can be practised in peace and harmony, Islam, as the religion of the federation, must be insulated from threats.

Already, a fallout from the appellate court’s decision can be seen. Last month, the High Court struck out the Sabah Sidang Injil Borneo (SIB) church’s 2007 lawsuit against the Home Ministry for confiscating three boxes of Malay-language Christian publications containing the word ‘Allah’.

The court then ruled that it was bound by the appellate court’s decision that the use of the word ‘Allah’ was not an integral part of the Christian practice and faith.

Rev Datuk Jerry Dusing, the Sabah Injil Borneo (SIB) President pointed out, that “This was the point used by the High Court to deny our application. Hence, SIB Sabah still has grounds to appeal on theological issues.”

On the same day of the Federal Court decision, Putrajaya seemed to allay concerns over the effects of the Federal Court’s decision by insisting that it did not impinge on Christians’ right to use ‘Allah’ in churches. This is still left to be seen! --The Malay Mail Online

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