Court ruling on ‘Allah’ only for Sarawak, says PM


PM Anwar Ibrahim says the KL High Court’s ruling in 2021 on a Sarawak woman’s right to use ‘Allah’ by Christians, is only applicable to Sarawak. – The Malaysian Insight file pic, May 16, 2023.

THE Kuala Lumpur High Court’s ruling in 2021 on a Sarawak woman’s right to use “Allah” by Christians, is only applicable to Sarawak, Prime Minister Anwar Ibrahim said.

“This is specific to Sarawak. Sarawak is not tied to other states’ decisions.

“So (the ruling) does not apply to Malacca, Penang, Selangor, no. It is specific to Sarawak,” Anwar was quoted as telling reporters in Malacca today.

His comments come on the back 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.

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.


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