Appeal Court’s ‘Allah’ opinion not binding on lower courts, lawyer argues
(Malay Mail Online) – The courts cannot use theological grounds to determine the legality of the government’s decision to confiscate Christian compact discs containing the word “Allah”, a lawyer representing Jill Ireland Lawrence Bill said today.
Lead counsel Lim Heng Seng said the Federal Court had ruled that the theological argument adopted by the lower court in the recent “Allah” case between the Catholic Church and Putrajaya was a mere “obiter” — an opinion that is not binding on or set any legal precedent on the use of the Arabic word for God.
Lim added that the apex court also ruled that no other court but the Federal Court can decide on constitutional matters, meaning that there is no precedent on the matter that binds the High Court to decide on Jill’s case.
When delivering its judgement in October last year, the appellate court ruled that the use of the word “Allah” was not an integral part of the practice of the Christian faith when striking out the Catholic Church’s appeal against a federal ban on the use of the word in the Malay section of its Herald weekly publication.
Philip Koh Tong Ngee, who held a watching brief on behalf of the Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), added on to Jill’s submmission that the ministry’s act in confiscating the CDs as an act of intrusion on the practices of minority religious groups.
Koh noted that minority religious groups are promised the freedom to manage their own affairs under Article 11(3) of the Federal Constitution, and that it is not for the courts to “enter a theological thicket” and make rulings based on interpretations of religion.
