Friday 29 Mar 2024
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KUALA LUMPUR (March 15): The government has filed an appeal against the High Court's decision to annul the ban on the use of the word “Allah” by non-Muslims.

Solicitor-General Datuk Abdul Razak Musa confirmed today that the notice of appeal was filed at the Court of Appeal on Friday (March 12).

"Yes, it has been filed,” Abdul Razak said when contacted by The Edge.

He said senior federal counsel Shamsul Bolhassan filed the notice on behalf of the Malaysian government and Home Ministry. Shamsul is the deputy head III at the Civil Division of the Attorney General’s Chambers.

It was reported that Malay-speaking Christians in Malaysia, especially those living in Sabah and Sarawak, have been using the word Allah – the Arabic term for God – for generations.

Umno and PAS were reported to have pressured the government to appeal the High Court decision delivered on Wednesday (March 10).

The court had ruled that the use of the word Allah by non-Muslims is allowed.

The court also ruled that the words Baitullah, Kaabah and solat, which non-Muslims are banned from using as per a Cabinet decision in 1986, could also be used by the Christian community for teaching purposes, as they have been in use in Sabah and Sarawak and some parts of Peninsular Malaysia for more than 400 years.

Court of Appeal judge Datuk Nor Bee Ariffin, sitting as the High Court judge, allowed a judicial review filed by Jill Ireland, a Melanau clerk from Sarawak, in August 2008, after the seizure of eight compact discs containing the word 'Allah' by the Home Ministry at the Low Cost Carrier Terminal in Sepang.

Although the CDs had been returned, she went ahead with the judicial challenge that included a challenge of a circular issued by the Home Ministry over a total ban of the use of the four words — Allah, Baitullah, solat and Kaabah — unless there was a written word Christian published in front.

In her decision, Justice Nor Bee ruled that the circular issued following the 1986 Cabinet directive, is null and void.

She said the circular, which was signed by a Home Ministry officer and not a minister, provided a blanket ban over the use of the four words, which was not the directive's intention.

"The directive on the prohibition that it would result in a threat in public order is not supported. In fact, the directive is deemed irrational and perverse," she said.

Edited ByS Kanagaraju & Chong Jin Hun
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