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Wednesday, August 12, 2015

Religious council wants to be party in Sarawakian’s case over ‘Allah’ use

The opposition by Muslims to the use of the word 'Allah' by Bumiputera Christians from Sarawak and Sabah has been a contentious topic that is dividing the nation. – The Malaysian Insider file pic, August 12, 2015.The opposition by Muslims to the use of the word 'Allah' by Bumiputera Christians from Sarawak and Sabah has been a contentious topic that is dividing the nation. – The Malaysian Insider file pic, August 12, 2015.
The Federal Territories Islamic Religious Council (MAIWP) has applied to be made party in an action brought by Sarawakian clerk Jill Ireland on the right to use Allah for "God" in her religious practices.
  
Her lawyer Robin Lim said MAIWP has also served on them a notice to be intervener in the proceeding, for which the High Court has yet to fix the hearing date.
"We will be opposing MAIWP's application," he told The Malaysian Insider today after a case management before High Court deputy registrar Arun Noval Dass.
  
Lim said Arun had also instructed both parties to file the necessary court papers to decide if MAIWP could be made a party in the main hearing.
On June 23,  a three-man Court of Appeal bench chaired by Datuk Tengku Maimun Tuan Mat declined to hear Ireland's appeal whether her constitutional right was violated by the government for refusing to allow the use of the word.
The court also ordered the Home Ministry to return eight CDS to Ireland as provisions in the Printing Presses and Publications Act 1984 were not complied with.
Article 8 relates to equality of all persons before the law while Article 11 provides for the freedom to practise one's religion.
Putrajaya seized the CDs from Ireland at the Low Cost Carrier Terminal (LCCT) in Sepang in 2008. The Sarawakian said she had brought the CDs into Malaysia for her personal use.
Ireland filed a cross-appeal to exert her constitutional right to use "Allah" after the government appealed the High Court's ruling to return the CDs.
Last year, High Court judge Datuk Zaleha Yusof ordered the Home Ministry to return eight CDs containing the word "Allah" to Ireland, who had brought them from Indonesia.
Putrajaya then appealed against that order and obtained a stay to retain them on grounds of public interest.
The CDs, which Ireland bought for personal use, had titles such as "Cara Hidup Dalam Kerajaan Allah", "Hidup Benar Dalam Kerajaan Allah" and "Ibadah Yang Benar Dalam Kerajaan Allah".
In seeking a judicial review against the seizure, she had also asked for a declaration that she had a legitimate expectation to exercise the right to use "Allah" and to continue to own and import such materials.
Ireland's legal team argued that the case was not about Christianity against Islam, but about her constitutional right as a Bumiputera Christian.
Constitutional lawyers said Ireland's cross-appeal could be used to revisit unresolved problems that could not be argued in the case involving Catholic weekly Herald.
That case came to an end on January 21 this year, after the Federal Court dismissed a review application by the Catholic Church to use the word "Allah" in its weekly publication.
The word “Allah” is widely used by Christians in Sabah and Sarawak, and the church argued that the ban on its use was a violation of the freedom of religion.
- TMI

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