July 21 decision on seizure of Christian CDs using ‘Allah’
(The Rakyat Post) – The High Court here today set July 21 for a decision on an application by a Christian woman from Sarawak to challenge the Home Ministry’s seizure of eight compact discs (CDs) on Christianity which contain the word “Allah”.
Judge Datuk Zaleha Yusof set the date after hearing submissions from lawyer Lim Heng Seng, representing Jill Ireland Lawrence Bill, and senior federal counsel Munahyza Mustafa, for the Home Ministry and the government.
Lim, in his submission, said his client was seeking justice from the court as it was her constitutional right to use and import publications which contained the word “Allah”.
“She does so premised on and assured that the rule of law will be upheld and that she is not dealt with unlawfully by the government,” he said, adding the case was not about Christians pitting themselves against Muslims or Christianity against Islam.
Lim said it was about a native Bumiputra Christian seeking her constitutional rights and legitimate expectations from the government and a minister as respondents.
The CDs were seized on May 11, 2008 at the former Low-Cost Carrier Terminal in Sepang.
Meanwhile, Munahyza submitted that on Dec 5, 1986, the government issued a directive prohibiting use of “Allah”, “Kaabah”, “Solat” and “Baitullah” in any Christian publication.
“It was to avoid any misunderstanding between Muslims and Christians, which can threaten peace and public order and provoke religious sensitivities among the people in Malaysia.”
Munahyza said the Muslim community in the country was very sensitive to religious issues, particularly on the use of the word “Allah”.
“This is because if one refers to Allah, it refers to God for Muslims. Kalimah Allah is very sacred to Muslims and is placed on the highest position and its sanctity must be protected.
“Kalimah Allah refers to ‘oneness’ and cannot be part of the concept of Trinity of Father, Son and the Holy Ghost,” she stressed.
Jill, a clerk, filed the application on Aug 20, 2008, seeking a mandamus order for the return of the CDs.
The Federal Court last Monday had refused to overturn a Court of Appeal decision that upheld the Home Ministry’s ban against weekly Christian publication Herald from using the word “Allah”.
The Court of Appeal decision on Oct 14, 2013, had raised concerns among the Christian community as it had ventured into the area of theology, going to the extent of stating that the word “Allah” was not integral to the Christian faith.
However, the Federal Court had said the remarks made in the Court of Appeal ruling were merely “obiter”, meaning that it was only an opinion and non-binding as a precedent.
Lim today used the same argument to support his case, adding that the Attorney-General’s Chambers had said the Court of Appeal decision was confined only to the Bahasa Malaysia edition of the Herald.
“Within hours of the Federal Court decision (not to intervene), the Prime Minister’s Office had also released a statement that the decision applies only to the Herald and other Christians can continue to use the word ‘Allah’,” he submitted before the High Court today.
Lim added that Sabah and Sarawakian Christians had already used the word “Allah” to refer to God even before the formation of Malaysia and Christian scriptures in the region had used the word as far back as 1629.
He argued that the Home Ministry’s ban on the word “Allah” for non-Muslims had exceeded its constitutional powers as the regulation of religion was a state matter.
