THE Home Ministry is reviewing an administrative order on the use of the word “Allah” and three other words in a bid to address issues pertaining to the use of these words by non-Muslims, its minister Saifuddin Nasution Ismail said.

Saifuddin said the High Court had ruled two years ago the government directive issued in 1986 went against a cabinet decision made the same year.

“Therefore, the Home Ministry will review and update the order to make it more comprehensive, so as to restrict the usage of the words ‘Allah’, ‘Baitullah’, ‘Solat’, and ‘Kaabah’. 

“We started reviewing the administrative order early in the year,” he was quoted as saying at a press conference today.

His statement comes following the government’s decision to withdraw its appeal to the court to prevent non-Muslims from using the word “Allah” to describe God in Malaysia.

The notice of discontinuance was filed on April 18 by the senior federal counsel representing the Attorney-General’s Chambers.

“The appellants (home minister and the government) do not intend to proceed with the notice of appeal, which was filed on March 12, 2021 and dismiss this entire appeal without an order as to costs,” the notice, sighted by The Malaysian Insight, read.

Saifuddin said the decision not to proceed with the appeal is made on a case-by-case basis, without affecting the facts of each case currently before the courts.

He said the ministry is committed to preventing the spread of elements that are harmful to public order through the provisions under the Printing Presses and Publications Act 1984 as well as article 11 of the Federal Constitution.

“The ministry once again stresses that articles 11(1) and 11(4) of the Federal Constitution provide that although every individual has the right to profess and practice their religion, they are still subject to federal or state laws that may control or restrict the spread of other religious doctrines or beliefs among Muslims,” he said.

Putrajaya first filed an appeal over a High Court ruling that allowed non-Muslims to use the word “Allah” and three other words in the religious context on March 12, 2021.

The ruling was made by Court of Appeal judge Nor Bee Ariffin, sitting as a High Court judge, after a 13-year legal battle between the government and Jill Ireland, a Christian woman from Sarawak.

Nor Bee, in her decision, called the Home Ministry’s 1986 directive to prohibit the use of the four words by non-Muslims 35 years ago “illegal” and “irrational”. 

Ireland’s fight began in May 2008 when customs officers at the Kuala Lumpur International Airport 2 seized eight of her CDs containing the word “Allah”.

She filed a suit in August 2008 seeking an order for certiorari to quash the decision of the Home Ministry to confiscate and seize the publications. 

In the suit, Ireland also sought several declarations from the courts pursuant to articles 8 and 11 of the Federal Constitution. 

She wanted the court to declare the ministry’s December 1986 circular to ban the word “Allah” in Christian publications as unconstitutional and unlawful. 

In 2014, the High Court ruled in her favour and found that the ministry was wrong to seize the CDs.

Judge Zaleha Yusof ordered the ministry to return the eight CDs and to pay RM5,000 in costs. The judge, however, did not address the constitutional points raised in the judicial review. 

The government appealed against the decision and obtained a stay to retain the CDs on grounds of public interest.

On June 23, 2015, a three-man Court of Appeal bench chaired by Tengku Maimun Tuan Mat upheld the High Court ruling and ordered the CDs seized in 2008 be returned to Ireland, citing the Printing Presses and Publications Act.

The bench also ordered a new High Court judge to hear her application on whether she had the right to use the word “Allah” in her religious practices. 

In 2017, Nor Bee was appointed to hear the constitutional issues addressed in Ireland’s judicial review application.

After Pakatan Harapan (PH) came into power in 2018, Ireland and the Sidang Injil Borneo Church in Sabah wrote to the government seeking an out-of-court settlement.

When PH collapsed in 2020 and Perikatan Nasional took over the reins of power, the matter was referred to a deputy minister to be amicably resolved.

On March 10, 2021, the Kuala Lumpur High Court in a landmark decision ruled that Ireland can use the word “Allah” to practise her religion. – May 16, 2023.