PETALING JAYA: Three state Islamic religious councils have withdrawn their applications to intervene in the government’s appeal against a Court of Appeal decision allowing a Sarawakian’s right to use the term “Allah” in her religious learning.
They are the religious councils of Selangor, Kedah and the Federal Territories.
Appearing before a three-member Court of Appeal bench chaired by Justice Yaacob Sam, lawyer Haniff Khatri Abdulla, representing the three councils, said he had instructions to withdraw their applications.
The bench, which also comprised Justices M Nantha Balan and Nazlan Ghazali, struck out the applications as a result.
The court, however, declined a request by lawyer Lim Heng Seng, representing Ireland, for an order of costs against the councils.
The bench also approved Haniff’s application for all three councils to attend the appeal proceedings as amici curiae (friends of the court).
In September 2021, the Johor Islamic religious council withdrew a similar application.
Federal counsel Nor Atiqah Zainal Abidin represented the home ministry and the government.
Lim said the government’s appeal is fixed for case management on Jan 26.
On March 10, 2021, the High Court, in a landmark decision, ruled that Ireland can use the word “Allah” in her religious education.
Judge Nor Bee Ariffin said a Dec 5, 1986 home ministry directive to prohibit the use of the words “Allah”, “Baituallah”, “Solat” and “Kaabah” by non-Muslims was illegal and unconstitutional.
She said Ireland had the constitutional right to use and import any publication for her religious education.
The Sarawakian woman filed her judicial review in 2008 but her constitutional challenge was heard in 2017.
The judgment had been adjourned 12 times for parties to seek an out-of-court solution for the use of the word “Allah” in East Malaysian publication materials.
In 2008, customs officers at KLIA seized eight CDs from Ireland titled “Cara Hidup Dalam Kerajaan Allah”, “Hidup Benar Dalam Kerajaan Allah” and “Ibadah Yang Benar Dalam Kerajaan Allah”.
Ireland initially filed an action to reclaim the CDs, seeking several declaratory relief.
In 2014, the High Court ordered the home ministry to return the CDs to her but did not address the constitutional points as it was bound by a Federal Court ruling.
Nor Bee said it could not be disputed that the ban affected Christians in Sabah and Sarawak as they have been using the word “Allah” in place of God for a long time.
“The usage had not caused a threat to public order and national security,” she said, adding that the Christian community in both states had been using the word for about 400 years.
The following year, the Court of Appeal upheld the High Court ruling but ordered it to hear Ireland’s application for a declaration that her constitutional right to practise her religion was violated by the restriction or ban of the import of educational material.
