‘Allah’ ban stays

Jun 27, 2014

KUALA LUMPUR: The Malaysian Catholic Church's fight over the use of the word "Allah" in their weekly publication ended on June 23 after the Federal Court dismissed the church's leave application to appeal the ban.

Four of the seven-member bench dismissed the church's application for appeal, citing that the Court of Appeal was right in its decision to ban the word in the Catholic weekly, Herald.

Chief Justice Tun Arifin Zakaria, who led the seven-man bench, said the President of Court of Appeal Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin and Federal court judge Suriyadi Halim Omar agreed that the leave should not be granted.

Three other judges – Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, and Federal Court judges Datuk Zainun Ali and Tan Sri Jeffrey Tan Kok Hwa – held that leave must be granted to the Catholic Church.

Observers said the decision carries a far wider implication on the freedom of religion, despite Putrajaya's assurance it is only for the Herald.

The word Allah is widely used by the Christians in Sabah and Sarawak and the church argued that the ban of its use in the Herald is a violation of freedom of religion and expression.

Outside the Palace of Justice, shouts of "Allahuakbar" and "Takbir, Allah" were heard from the crowd of Muslim groups when the ruling was delivered.

Arifin said the Home Minister's prohibition on the use of the word Allah could not be challenged by the publisher of Herald.

Malanjum said although the challenge by a publisher was against the minister's decision, that word was widely used in Sabah and Sarawak.

"That alone calls for the review of the Court of Appeal ruling and leave ought to be granted," he said.
He said confusion over the isse would remain in public domain.

Zainun said the Court of Appeal's interpretation suggested the priority given to Article 3 on Islam as the religion of the Federation gave primacy over all other provisions in the constitution and that itself cried out to be addressed.

"If that is true, the judiciary which came later in the scheme of the constitution will be completely subordinate to other organs in the state," she said.

Tan said the church had satisfied the requirements to obtain leave and the merit of the case must be heard as contentious constitutonal issue had surfaced.

Under section 96 of the Courts of Judicature Act 1964, an applicant must show the apex court that there were contentious constitutional issues raised or important legal questions which needed further argument that would be of public advantage.

The church had submitted 28 questions which centred around key constitution, administrative law as well as the power of the court to allow the home minister to ban the use of the theological word in the Herald.

Datuk Cyrus Das, who argued for the church, told reporters it appeared that the Court of Appeal judgment which affirmed that the minister was right to impose the ban stands.

"But the scope of prohibition also now went beyond Herald as suggested by Malanjum," he added.

He said the Federal Court had lost the opportunity to clarify the constitutional provision which the public had much looked forward to.

On March 5, the bench heard arguments for and against the leave application.

Das had submitted that the apex court should hear the merits of the case because the Court of Appeal had reversed the findings of a High Court on key constitutional and administrative law issues.

Senior Federal Counsel Suzana Atan had said the minister had imposed the ban on grounds of national security and it was done in good faith.

Seven religious councils and the Malaysian Chinese Muslim Association were together with Putrajaya in opposing the church's leave application.

On October 14 last year, Court of Appeal judge, Tan Sri Mohamad Apandi Ali, who chaired the bench, said the reason for the prohibition was to prevent any confusion among the various religions.

He had also said that national security and public order could be threatened if the publisher of the Herald was allowed to use the word Allah.

Apandi had explained that the government did not violate the church’s constitutional rights.

"It is our common finding that the name Allah was not an integral part of the Christian faith and practice," he had said.

He had also said that the minister had sufficient material before him to ban Herald from using the word.

"Thus, there is no plausible reason for the High Court to interfere with the minister's decision," Apandi had said.--The Malaysian Insider