The Herald published in four languages has been using the word 'Allah' to refer to God in its Malay language section, for the consumption of Catholic readers in Sabah and Sarawak. - File Photo
KUALA LUMPUR: The Federal Court in Putrajaya is scheduled to hear the review application over the use of the word 'Allah' in the Catholic church's Bahasa Malaysia section of The Herald weekly, today.
Following is the chronology of the case:
2009:
Feb 16 - The Roman Catholic Church led by Archbishop Murphy Pakiam files a judicial review application at the Kuala Lumpur High Court to declare the Home Ministry's ban of its use of the word 'Allah' in its Herald weekly, as illegal.
The applicant named the ministry and government as respondents. The Herald published in four languages has been using the word 'Allah' to refer to God in its Malay language section, for the consumption of Catholic readers in Sabah and Sarawak.
The Catholic Church sought declarations among others that:
1. It has the constitutional right to use the word 'Allah' in the Herald, as it is its right like other religions other than Islam to practise the faith in peace.
2. Article 3(1) of the Federal Constitution does not provide for any authority to the respondent to ban the applicant from using the word 'Allah' in the Herald.
3. It has the constitutional right to use the word 'Allah' in the weekly as per its right to freedom of speech and expression.
4. It has the constitutional right to use the word 'Allah' in the Herald, as per its right to religious freedom and managing its own religious affairs.
5. It has the constitutional right to use the word 'Allah' in the Herald, as per its right to educate Catholic on Christianity.
6. The Printing and Publishing Act 1984 did not give the respondent the power to ban the applicant from using the word 'Allah' in the Herald.
7. The word 'Allah' is not exclusive to Islam.
Dec 31 - The High Court in allowing the Catholic Church's judicial review application, declares that the Home Ministry's decision to prohibit Herald from using the word 'Allah' in its Bahasa Malaysia publication specifically to cater to Christians in Sabah and Sarawak, was illegal, null and void.
The court held that the Herald had the constitutional right to use the word in its weekly bulletin to propagate Christianity but not Islam.
The judge said according to Article 11(4) of the Federal Constitution it was wrong for non-Muslims to use the word 'Allah' to spread their religion among Muslims.
Nevertheless, it was not wrong for non-Muslims to use the word to propagate their religions among non Muslims, held the judge.
The judge further held that under Article 11 and 12 of the Federal Constitution, Herald had the constitutional right to use the word for religious and education purposes among Christians.
The judge said the minister concerned had failed to furnish proof that the use of the word would threaten the country's security and create misunderstanding and confusion among the Muslims.
2010:
Jan 4 - The Home Ministry and government files an appeal at the Court of Appeal Registry to set aside the High Court's decision.
Jan 6 - The Kuala Lumpur High Court granted a stay of an earlier order to allow the use of 'Allah' by Catholic weekly, Herald, following consent by the Home Ministry and the Roman Catholic Archbishop on grounds of national interest.
2013:
Sept 10 - The Court of Appeal hears the Home Ministry and government's appeal over the High Court ruling.
Oct 14 - The Court of Appeal led by Federal Court Judge Datuk Seri Mohamed Apandi Ali unanimously allowed the ministry and government's appeal to ban Herald from using the word 'Allah'. The court of appeal set aside the High Court's 2009 decision that allowed the Herald to use the word 'Allah'.
Justice Mohamed Apandi, leading a three-member panel, said it was the court's common finding that the word 'Allah' was never an integral part of the faith of practice of Christianity.
He said taking into consideration historical and religious facts, he could not find any plausible reason why the Roman Catholic Archbishop of Kuala Lumpur was "adamant" to use the word 'Allah' in its weekly newsletter.
Nov 11 - The Catholic Church files an application for leave to appeal to the Federal Court and outlined 26 questions of law which involved three areas, namely, constitutional questions, administrative issues and whether the court can decide on comparative religious issues.
2014:
March 5 - Hearing of the Catholic Church's application for leave to appeal against the Court of Appeal's decision to ban the Herald from using the word 'Allah' in its publication; the Federal Court has reserved judgement to a date yet to be fixed.
June 23 - The Federal Court in a 4-3 majority verdict rejected the Catholic Church's leave to appeal to lift the government's ban on the use of the word 'Allah' to refer to God in its weekly Herald's Bahasa Malaysia section.
Chief Justice Tun Arifin Zakaria chairing a seven-member panel held that the 28 questions on administrative law, constitutional law and general questions framed by the church failed to meet the threshold requirements under Section 96 of the Courts of Judicature Act 1964 to be given leave to appeal.
He said the Court of Appeal had correctly applied the objective test with regard to the minister's discretion to ban the use of the word 'Allah' in the Herald.
Justice Arifin held that the High Court judge ought not to have entertained the church's challenge on the validity or constitutionality of various state enactments which seek to control and restrict the propagation of non-Islamic religious doctrines and belief amongst Muslims.
Sept 19 - The Catholic Church files a review application against the Federal Court decision which had denied it leave to appeal over the home minister's ban on the use of the word 'Allah'.
The application was based on three broad grounds including certain legal issues which were central to the leave application relating to the scope of Article 3 and Article 11 of the Federal Constitution.
- Source: Bernama
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