‘Allah’ decision limited to Herald? Lawyers disagree

By admin-s Last updated Jun 24, 2014

(MMO) – The Court of Appeal has ruled that use of the word “Allah” was not integral to the Christian faith and 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.

Legal experts are now divided over the ramifications of the Federal Court’s refusal to hear the Catholic Church’s appeal against a government ban on the word “Allah” in its Herald weekly.

One believes that the Court of Appeal’s ruling last year, which now stands, would affect a similar court case — Jill Ireland Lawrence Bill’s lawsuit over the seizure of her compact discs containing the word “Allah” — but others insist the appellate court’s decision was confined to the Herald.

“Why should it apply? This is specific to the Herald publication,” constitutional lawyer Edmund Bon told the Malay Mail Online yesterday.

Civil liberties lawyer Syahredzan Johan, however, 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.

“If you can apply some of these points that the Court of Appeal came to, then it would mean that it does have an effect on the Jill Ireland case. And other cases too.

“The Court of Appeal (decision) will be cited as an authority,” the lawyer told the Malay Mail Online.

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 that use of the word “Allah” was not integral to the Christian faith and 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.

The lawyer also noted that the 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.

Malaysian Bar vice-president Steven Thiru similarly said that the Federal Court has missed the opportunity to rule on important constitutional questions affecting minority rights.

Already, a fallout from the appellate court’s decision can be seen.