Govt withdraws 'Allah' appeal

Govt withdraws 'Allah' appeal


Putrajaya has withdrawn an appeal against a landmark ruling which allowed Jill Ireland - a non-Muslim Sarawakian - to use the word "Allah".

The notice of discontinuance was filed at the Court of Appeal on April 18.

Previously on March 10, 2021, the High Court in Kuala Lumpur allowed a judicial review by Ireland, a Melanau Christian, who sought a declaration that she has the right to use the word “Allah” for religious and educational purposes.

The government's appeal was against this verdict.

Besides the federal government, the other appellant was the home minister (who is not named in the cause papers).

According to a copy of the notice of discontinuance, the appellants “have no intention to proceed with the notice of appeal filed on March 12, 2021, and discontinue this entire appeal without an order as to costs”.

In an immediate response via a press statement today, Badan Peguam Syarie Wilayah-Wilayah Persekutuan president Zainul Rizal Abu Bakar demanded the government to reveal whether it had consulted the state religious councils of Federal Territories, Selangor and Kedah before deciding to withdraw the appeal.

He claimed that the syarie lawyers’ body was very disappointed and aggrieved with the government’s decision, demanding the government give a full explanation for the move which was allegedly not informed beforehand to the Muslim community.


2015 apex court ruling

Zainul also claimed that the withdrawal is not in line with the 2015 apex court ruling which dismissed an appeal by the Titular Roman Catholic Archbishop of Kuala Lumpur to use the word “Allah” in its weekly The Herald.

In 2021, then High Court judge Nor Bee Ariffin ruled that the government erred in issuing the 1986 ban on the use of the word “Allah” for non-Muslims.

In the long-running saga spanning over 13 years at that point, Ireland initially instituted an action for the return of Malay-language Christian CDs and religious books seized by Customs at the Kuala Lumpur Low-Cost Terminal (LCCT), Sepang, in 2008.

However, following a court order to have the items returned to the clerk in 2015, her legal battle became one seeking court declaration over the right to use the word “Allah”.

Ireland was seeking a declaration that her constitutional right to practice her faith was violated by the imposition of a restriction or ban on the import of educational materials.

She also wanted a declaration that the use of the Printing Presses and Publications Act (PPPA) 1984 and the Customs Act 1967 to seize the CDs was an infringement on the right to equality under the law.

The home minister, who was not named, and the government were the two respondents in the judicial review by the applicant, Ireland.