A CAREFUL reading of High Court Judge Nor Bee Ariffin’s judgment suggests the reason for the government’s withdrawal of the appeal over the High Court’s ruling allowing non-Muslims to use the word “Allah” and three other words for teaching purposes.  

It is for the government to explain and clarify the decision. Home Minister Saifuddin Nasution Ismail has done that today. 

Saifuddin told the media that the High Court ’s decision was not based on theology, but on civil law and administrative matters, when it ruled in favour of the applicant, Jill Ireland. 

Justice Nor Bee did in fact say that the court had no power to decide on specific religious matters. The decision did not touch on the usage of “Allah” by non-Muslims and was consistent with a 2014 court ruling in the Titular Roman Catholic Archbishop of Kuala Lumpur case. 

“The government’s decision to not continue with its appeal was on a case-by-case basis, without prejudice,” Saifuddin added. 

Hours later Prime Minister Anwar Ibrahim referred to his home minister’s press conference and reasserted that the High Court ruling that quashed a government ban on the use of “Allah” in Christian publications was limited to Sarawak alone. 

Anwar insisted his government’s decision to withdraw its appeal against the ruling would not affect all of Malaysia. 

The press conference and Anwar’s clarification are reactive though. The government should be proactive. 

The decision to withdraw the appeal has received criticism from local groups and figures. Pasir Gudang MP Hassan Karim urged the government to explain its decision. He said clarification was crucial to alleviate the people’s anxiety on the matter. 

Former minister in the Prime Minister’s Department Zulkifli Mohamad Al Bakri also sought clarification from the Home Minister on the decision to withdraw. His predecessor, Mujahid Yusof Rawa, however, defended the government’s decision. The latter said the move did not mean the government lacked commitment to defend Islam, as alleged by critics following news of the appeal’s withdrawal. 

Yet another minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said told the media that Umno ministers would be expected to raise the decision to withdraw the appeal at the weekly cabinet meeting.

It is curious that Azalina should say so when Saifuddin was reported to have said he had informed the cabinet of the decision to withdraw. 

“It is a position taken by KDN (Home Ministry), and I had to inform the cabinet, which I did a few months ago,” he told reporters during his ministry’s Aidilfitri celebration at the Malaysia Agro Exposition Park Serdang on Monday. 

He added that his ministry had sent a note to the cabinet several months ago.

After a weekend of unity and solidarity at the unity government convention, the government does not seem to speak with a unified voice. 

The appeal is of public interest, and the attorney-general, who represents the government in the appeal, effectively represents the people and public interest. 

The government must represent the people. – May 16, 2023.  

* Hafiz Hassan reads The Malaysian Insight. 

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.