The Federal Court has decided to not grant an application for leave by the Catholic Church to appeal against a Court of Appeal's decision in prohibiting the local Malay-language edition of its Herald newspaper from using the word 'Allah' -- ending a long tumultuous legal battle in the country.
The decision was made by Chief Justice Tun Arifin Zakaria who led a seven-member panel before a packed court room today morning.
The decision means that the usage of the word "Allah" to refer to the Christian God will stand, no more appeals by the church.
On March 5, Arifin heard submissions from both parties on the leave application.
The church seeked to obtain leave from the Federal Court to proceed with its appeal against the Court of Appeal's decision, made on Oct 15, 2013, to ban the use of the word 'Allah' in the Bahasa Malaysia section of its publication.
The Court of Appeal had set aside the Dec 31, 2009 decision of a High Court, which had allowed the Herald to use the word 'Allah', after it (High Court) declared that the Home Ministry's decision in prohibiting the publication from using the word 'Allah' was illegal, null and void.
In 2009, the Roman Catholic Church, led by Archbishop Murphy Pakiam, filed a judicial review application, naming the Home Ministry and the government as respondents, seeking, among others, a declaration that the ministry's decision to prohibit the use of the word Allah in the Herald publication was illegal.
On Oct 14, 2013, the Court of appeal ruled that The Herald will not be allowed to use the word "Allah" to refer to the Christian God.
The panel, chaired by Justice Mohamed Apandi Ali overturned a High Court decision and unanimously ruled in favour of the Government's appeal.
The church filed an application for leave to appeal to the Federal Court on Nov 11, by submitting 26 questions on the Federal Constitution, administrative law as well as the power of the court to allow the Home Minister to ban the use of a theological word.
The weekly, published in four languages, has been using the word 'Allah' to refer to God in the Herald Malay-language section, specially to cater for Catholics in Sabah and Sarawak.
Under the Courts of Judicature Act 1964, an applicant in civil cases must first obtain leave (permission) from the Federal Court in order to bring their appeal to the Federal Court which is the Apex Court.
When the Federal Court is satisfied that the questions of law presented by the applicant have fulfilled the legal requirements, the Federal Court will then grant leave to appeal.
The decision was made by Chief Justice, Tun Arifin Zakaria after four judges out of a seven-judge panel ruled the decision stood.
The Catholic Church had been seeking to reverse a government ban on it referring to God by the Arabic word "Allah" in the local Malay-language edition of its Herald newspaper.
And outside the court ...
The crowd gathered as early as 7am outside the court where some 200 people comprising Malay rights group Perkasa gathered at the Palace of Justice awaiting the Federal Court's decision on the usage of the word 'Allah', today.
"There are irresponsible people in court today who we absolutely do not agree with. Why must these people bring Allah to court? Why must the name of Allah be placed here together with other criminals?" Perkasa Youth chief Irwan Fahmi Ideris told the crowd of men, women and children.
They held up banners and shouted "Allahu Akbar(Allah is great) and held prayers in front of the court steps here. The police cordoned off an area nearest to court and kept a close watch over the protesters.
Irwan stressed that the Federal Constitution gives guarantee for Muslims and said Muslims will "defend Allah until their last drop of blood".
Perkasa supreme council member Shamsuddin Munir said that those gathered were not against Christians or other religions but it was their responsibility as Muslims to prevent other faiths from 'disturbing' or convert Muslims out of their faith.
"We have been patient for so long. We have been silent for so long. We will not give in. We will go all the way to the Agong if we need to," said Shamsuddin.
He also mentioned about the decision made last week by Attorney-General Tan Sri Abdul Gani Patail, not to proceed with prosecution of the confiscated Bibles in Selangor.
"Gani Patail must resign. He failed to advice the government. Islam is the official religion of the country, the AG should help us Muslims but instead he sides with other parties," said Shamsuddin.
The Federal Court, which is the apex court in the country, is to deliver the most awaited verdict on whether or not to grant an application for leave by the Catholic Church to appeal against a Court of Appeal's decision in prohibiting the weekly Herald's Bahasa Malaysia section from using the word 'Allah', today.
The church is seeking to obtain leave from the Federal Court to proceed with its appeal against the Court of Appeal's decision, made on October 15, 2013, to ban the use of the word 'Allah' in the Bahasa Malaysia section of its publication.
T K Letchumy Tamboo, Teoh El Sen
Mon Jun 23 2014
Federal Court denies The Herald leave to appeal Allah ban - Astro AWANI
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.