END OF THE ROAD FOR CATHOLIC CHURCH TO USE THE WORLD ‘ALLAH’ IN MALAYSIA
The Catholic Church's long battle to use the word Allah in
newsweekly Herald came to an end today after the dismissal of its review
application.A five-man bench led by Tan Sri Abdull Hamid Embong unanimously held that here had been no procedural unfairness in the Federal Court's earlier decision not to grant leave.
He added that the threshold for the review had not been met. The court did not give any order on costs.
A seven-member panel of federal court judges on June 23,
2014, dismissed the church's application for leave to appeal the Court of
Appeal's decision to ban Herald from using the Arabic word for "God"
in its Bahasa content.Chief Justice Tun Arifin Zakaria was among the four on the panel who dismissed the church's application, in a 4-3 "skin of our teeth" judgment, as the church's lawyers have called it, that saw three other judges dissenting.
The other judges in the majority decision were Tan Sri Raus
Shariff, Tan Sri Zulkefli Ahmad Makinuddin and Tan Sri Suriyadi Halim Omar.The dissenting judges were Tan Sri Richard Malanjum, Tan Sri Jeffrey Tan Kok Hwa and Datuk Zainun Ali.
Besides Hamid, other judges sitting today were Tan Sri Ahmad Maarop, Tan Sri Hasan Lah, Datuk Ramly Ali and Datuk Azahar Mohamed.
Source: The Malaysian Insider...More...
MALAYSIAN AG CAUTIONS AGAINST STATEMENTS CRITICIZING ‘ALLAH’ COURT RULING
KUALA LUMPUR, Malaysia - The public should respect and abide by the decision of the appellate
court on the issue of the word Allah and refrain from making any
statements which could lead to contempt of court, Attorney-General Tan
Sri Abdul Gani Patail (photo) said in a statement today.
Netizens have been vocal in voicing their sentiments and thoughts on
social media about the decision by the Court of Appeal to allow the Home
Ministry to ban the use of the word Allah in the Catholic weekly
Herald.
However, even former Attorney-General Tan Sri Abu Talib Othman
cautioned Malaysians against making statements as the appellate court's
decision was binding. Whether Malaysians agreed or disagreed with the
decision, it had a binding precedent.
In his statement, Abdul Gani said the Home Minister had not acted in
excess of his authority or functions under the Printing Presses and
Publications Act 1984 when he issued the ban against the Herald.
Court
of Appeal judge Mohamed Apandi Ali had clearly stated this in his
written judgment.
- The Court of Appeal held that the Home Minister had the discretion to decide whether the word Allah in the Herald had the potential to disrupt public order and internal security.
Hence, Mohamed Apandi (PHOTO) came to the decision that the use of the word
Allah in the Bahasa Malaysia section in the Herald could have disrupted
the harmony of Malaysian society.
"The appellate court decided that the use of the word Allah in the
Bahasa Malaysia section in the Herald to refer to God was not an
essential or integral part of Christianity. Therefore, it does not enjoy
the constitutional guarantee under Article 11 of the Federal Constitution," Abdul Gani said.
The constitutional protection afforded to the practice of one's
religion is confined to the religious practice which forms an essential
and integral part of the religion, Abdul Gani said. But the appellate
court decided the word Allah did not fall into this category.
- Another point Abdul Gani highlighted was the permission given by the Home Minister for the use of the word Allah in the Al-Kitab or Malay Bible could not be treated in the same manner as Herald. This was because the Bahasa Malaysia translation of the Christian holy book was used in churches and meant for Christians.
"However, the Herald is a newspaper which is also accessible online and
can be read by Muslims and non-Muslims. Hence, the reason why both
publications cannot be treated in the same manner," Abdul Gani said.
"The conclusion of the appellate court's decision is that on issues
concerning national security and public order, the Home Minister has the
discretion to ban any word which can be prejudicial to national
security," Abdul Gani said, adding that the court would not interfere
provided the discretion was used legally, reasonably, rationally and
proportionally.
Source: The malaysian Insider
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