New developments, ‘Allah’ dispute pushed to May 28

Written by Chua Sue-Ann

Friday, 27 February 2009 20:12

KUALA LUMPUR: The Kuala Lumpur High Court today fixed May 28 to hear Catholic weekly the Herald’s dispute over the usage of the word "Allah" in Christian publications following the home ministry’s recent decision to conditionally permit the usage of the word.

Senior federal counsel Nizam Zakaria told the court she had been informed that the home minister, who is the first respondent in the case, had made an order on Jan 21 permitting the use of the word "Allah" in Christian publications.

"I believe the applicants' application in this matter would be academic," said Nizam, who is representing the home minister and the federal government in the matter.

According to a gazette signed by Home Minister Datuk Seri Syed Hamid Albar on Jan 21, 2009, the circulation and possession of any documents or publications relating to Christianity containing the words "Allah", "Kaabah", "Baitullah" and "Solat" must carry the words "for Christianity" on its cover, with specific font requirements.

The move came into effect on Feb 16, 2009 after it was gazetted in Gazette PU A 62 under section 22 (1)(c) of the Internal Security Act 1969, titled Internal Security (Prohibition On Use of Specific Words on Document and Publication) Order 2009.

Representing the Herald, counsel Porres Royan told the Special Appeallate and Powers division of the High Court that the applicant needed some time to study the ramifications of the new developments in the dispute.

"There are implications of this order which we have to study and the (minister’s) order can also be repealed or revoked so there are various matters we need to deliberate on.

“If after discussion with the Attorney-General’s (AG) Chambers we find comfort then this matter may not have to be heard,” Royan said.

Royan also noted that the decision on the earlier ban was made under the Printing Presses and Publications Act 1984 while the home minister’s recent order was made under the Internal Security Act 1960.

The usage of the word "Allah" by Christians sparked public debate after the Herald faced problems in renewing its annual publishing permit in December 2007, allegedly over the use of the word "Allah" when referring to "God" in its Bahasa Malaysia section.

The government had argued that the word was exclusive to Muslims and that the word "Tuhan" can be used instead.

The Herald publishes news and information for Catholics in Malaysia in English, Bahasa Malaysia, Chinese and Tamil.

Following the prohibition, Archbishop of Kuala Lumpur Datuk Murphy Pakiam filed a judicial review on behalf of the Herald seeking court declarations for the internal security ministry (now home affairs ministry) to declare null and void its decision to prohibit the Herald from using the word "Allah" in its publication, that the Herald is entitled to use the word "Allah" in the publication and that the word "Allah" is not exclusive to Islam.

The Catholic weekly newspaper, which has a circulation of about 14,000 copies, was also requesting the courts to dismiss the ministry’s decision in disallowing the Herald from using the word "Allah" in its publication and to allow it to continue using the word pending court decision on the matter.

Royan also filed an application to set aside an order for intervention made on Nov 21, 2008 by eight parties – comprising seven Islamic councils and the Malaysian Gurdwaras Council – to intervene in the case.

The eight parties had also applied under Section 84 of the Courts of Judicature Act to transfer the dispute to the Federal Court for determination on the constitutionality of law under.

Met after today’s mention, Royan said the applicant had recently discovered a precedent where the High Court disallowed intervention and was now seeking to exclude the eight intervening parties from participating in the hearing.

High Court Judge Lau Bee Lan also fixed July 7 to hear arguments by the parties to transfer the case to the Federal Court, subject to the outcome of the Herald's bid to block the intervening parties.

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Last Updated on Saturday, 28 February 2009 14:44

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