Federal Court reserved ruling on 'Allah' issue

The Federal Court today reserved ruling on whether to allow the Catholic Church to appeal the decision to ban the usage of the word 'Allah' in the Herald. A seven-member bench, with Chief Justice Arifin Zakaria chairing the panel, heard submissions from all parties. In anticipation of a result on the appeal, crowds gathered at the Palace of Justice here today as early as 7am, including various Islamic groups who expressed their support over having the word 'Allah' exclusive for Muslims. Some came in buses from various states as far as Penang. They included Perkasa, Ikatan Muslimin Malaysia (Isma) and Jalur Tiga (Jati), Persatuan Mukabuku and Pertubuhan Islam Gabungan Amal (Petiga). They shouted slogans and held special prayers hoping for the judges -- who include President of Court Appeal Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin, Chief Judge of Sabah and Sarawak Richard Malanjum, Federal Court judges Suriyadi Halim Omar, Zainun Ali and Jeffrey Tan Kok Wha-- would rule to maintain the Court of Appeal decision, and for the word 'Allah' to be exclusive to Muslims. There was a slight flare up when a lawyer appeared at the court steps with flowers, claiming that not all Malay Muslims shared the same ideas as groups like Perkasa and Isma. Her short speech, calling some muslims "cows" for allegedly being misled by others, angered some present and security personnel had to calm an NGO leader who confronted her. In the application today, lawyers for the church had raised 26 questions of law in the leave application to appeal to the Federal Court. They revolve around three main areas namely constitutional questions, administrative issues and whether the court can decide on comparative religious issues. On Oct 14, the Court of Appeal’s three-member panel led by Federal Court judge Datuk Seri Mohamed Apandi Ali unanimously allowed the government’s appeal to ban Herald from using the word 'Allah'. The Appeal court had set aside the decision of a High Court in 2009 which had allowed the publication to use of the word 'Allah'. On Feb 16, 2010, 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 Home Ministry’s decision to prohibit the use of the word 'Allah' in the Herald publication was illegal. 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 the people in Sabah and Sarawak. On Dec 31, 2009, the High Court declared the decision by the Home Ministry prohibiting the Herald from using the word 'Allah' was illegal, null and void.