High court rules Christians nationwide can use word "Allah" in religious publications

KUALA LUMPUR: The High Court here today ruled that Christians nationwide can use the word "Allah" and three other Arabic words in their religious publications for educational purposes.

The three other words are Baitullah, Kaabah and solat.

This follows Court of Appeal Judge Datuk Nor Bee Ariffin, sitting as High Court judge, allowing a judicial review application by a Sarawak native Christian, Jill Ireland Lawrence Bill.

In the application, Jill Ireland had sought among others a declaration that it is her constitutional right to have access to Christian publications in the exercise of her rights to practise her religion and right to education, as provided under Article 11 of the Federal Constitution.

She also wanted the court to declare the Home Ministry’s 1986 circular to ban the word “Allah” in Christian publications as unconstitutional and unlawful.

Justice Nor Bee in her ruling held that the directive by the Home Ministry in 1986 not to allow the use of the four words is filled with illegality and irrationality.

"The use of the words would not disrupt public order," she said.

Justice Nor Bee added that the words could also be used by the community for teaching purposes as they have been in use for more than 400 years.

When contacted, Senior Federal Counsel Shamsul Bolhassan, who acted for the Home Ministry and the government, confirmed that the four words can be used by Christians for their religious publications.

"However, publications that contain the four words must carry a disclaimer that it is intended for Christians only as well as a cross symbol," he said.

The legal battle over the matter started 13 years ago after Jill Ireland commenced the judicial review application on Aug 20, 2008 for the return of eight (compact discs) CDs which were seized from her on May 11, 2008, upon her arrival at the Low-Cost Carrier Terminal (LCCT) in Sepang.

The CDs were with the titles “Cara Hidup Dalam Kerajaan Allah”, “Hidup Benar Dalam Kerajaan Allah” and “Ibadah Yang Benar Dalam Kerajaan Allah”.

She filed the judicial review application to challenge the seizure of the CDs as well as sought a declaration over her constitutional rights in relation to the use of the word “Allah” in Christian publications.

The High Court had in July 2014 held that the Home Ministry was wrong to seize the CDs and ordered it be returned, but did not decide on the constitutional issues raised by the woman.

In June 2015, the Court of Appeal had directed the Home Ministry to return the CDs after dismissing the appeal by the two (Home Ministry and Government).

The Court of Appeal in the ruling also remitted the matter back to the High Court to hear on the constitutional issues.

The High Court was supposed to pronounce its verdict in 2018 but it was postponed for several times due to various grounds.

In delivering her lengthy decision that took over 90 minutes to read out, Justice Nor Bee granted three orders including a declaration that Jill Ireland had the constitutional rights under the Federal Constitution's Articles 3, 8, 11 and 12 to import the publications in exercise of her right to practise her religion and right to education.

The other two declarations allowed by the judge are under Article 8, that Jill Ireland is guaranteed equality of all persons before the law and is protected from discrimination against citizens on the grounds of religion in the administration of the law - specifically the Printing Presses and Publications Act 1984 (PPPA) and Customs Act 1967) and the declaration that the government directive issued by the Home Ministry's publication control's division via the circular dated Dec 5, 1986 was unlawful and unconstitutional.

"The PPPA is only a law to check undesirable publications and not for the purpose of maintaining public order, public morality and health. If the minister does not follow the law regulating the exercise of his power, then he has acted illegally, as he had gone beyond the limit of his powers.

"In this case, the minister has not acted according to the act (PPPA). It is not disputed that Bahasa Malaysia has been the language of the people in Sabah and Sarawak. As can be discerned from affidavits by the applicant and several other affidavits, all of which have not been rebutted, it cannot be denied that the Christian community in Sabah and Sarawak used 'Allah' in Bahasa Malaysia in practising their religion for centuries, " she said.

Justice Nor Bee also said that affidavits by three Muslims tendered in court previously had shown that the trio was not confused by the use of the word "Allah" by Christians.

The judge further said that in 2011, the then government had proposed a 10-point-solution to solve the issue of the use of the word "Allah" in the Bahasa Malaysia and Bahasa Indonesia versions of the Bible.

"The 10-point-solution demonstrates the Cabinet’s acceptance of the use of the word 'Allah', which was never an issue in Sabah and Sarawak. The word 'Allah' can be used in both states without restriction, and no conditions attached to local use of the Bible for indigenous communities there.

"I have reason to believe that the 10-point solution shows an all-encompassing religious tolerance pushed by the Cabinet. If the Cabinet had withdrawn the impugned (1986) directive when the 10-point solution (was proposed), there would not have been an issue, " she pointed out.

Lawyers Lim Heng Seng and Annou Xavier acted for Jill Ireland.

When met by reporters after the proceedings, Lim said that today's ruling demonstrated the court was prepared to uphold the supremacy of the constitution and the rule of law.

-- BERNAMA