CEO Morning Brief

SIB Confirms Withdrawal of Its Judicial Review Over Usage of the Word ‘Allah’

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Publish date: Thu, 18 May 2023, 08:44 AM
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TheEdge CEO Morning Brief

KUALA LUMPUR (May 17): Sidang Injil Borneo (SIB) has confirmed that it has withdrawn its legal action, which was initiated in 2007 to challenge the use of the word “Allah” in publications and for education purposes, last month.

This follows the Home Ministry and the government’s discontinuance of their appeal in the Jill Ireland case, which was made on April 18.

“Yes, SIB has discontinued the judicial review matter,” said the source familiar with the matter.

A separate source confirmed with The Edge that the discontinuance was made after the Home Ministry and the government withdrew their appeal at the Court of Appeal.

It was previously reported that SIB had failed to obtain leave (permission) from the High Court to have the merits of its judicial review be heard in 2014.

Subsequently, SIB, which is based in Sabah along with its president Jerry Dusing, filed the appeal and afterwards, the Court of Appeal allowed the matter to be reinstated.

The judicial review was filed following three boxes of Malay language Christian education books from Indonesia, that contained the word “Allah”, having been seized in August 2007 by the Royal Customs Department at the then Low Cost Terminal (LCCT) in Sepang.

The books were returned to SIB in January 2008, but the church is seeking a declaration that it has the constitutional right to use the word in publications and for education purposes.

SIB’s case faces a delay, as there were previous similar cases with regard to the Titular Roman Catholic Church and the Jill Ireland matter.

In the Roman Titular Catholic Church, although the High Court had initially granted the use of the word “Allah” in the church’s Herald publication, the Federal Court overturned the decision.

When Jill’s case was heard and decided by the High Court on March 10, 2021, the Court of Appeal judge allowed Jill’s judicial review application for the use of the word “Allah” for non-Muslims, as it ruled that the the circular banning the words was filled with illegality and irrationality.

She referred to the Cabinet decision in 1986, where then prime minister Tun Dr Mahathir Mohamad assigned the late Tun Abdul Ghafar Baba — who was his deputy and also then home minister — to decide which words were prohibited and which words were allowed to be used by Christians.

This followed the first paragraph in Ghafar's note stating that 12 words, including “Al-Kitab”, “Firman”, “Rasul”, “Syariat”, “Iman”, “Ibadah”, “Injil”, “Wahyu”, “Nabi”, “Syukur”, “Zikir” and “Doa”, were permitted to be used, and there was no condition attached to the use of these words.

In the second paragraph, the deputy PM's note stated that four words, namely “Allah”, “Kaabah”, “Baitullah” and “Solat”, were not permitted. However, immediately beneath the four words, the note stated that it was on the condition that “for Christians” was written on the cover of the books or brochures.

The circular issued however, provided a blanket ban on the use of the words.

Home Minister Datuk Saifuddin Nasution Ismail had on Tuesday (May 16) explained that his ministry had withdrawn its appeal in Jill’s case due to an administrative issue in the seizure of the publication material.

Read also:
SIB fails in bid to challenge seizure of books with word ‘Allah

Jill Ireland case: Home Ministry withdrew appeal due to administrative issue in seizure of publication material

Source: TheEdge - 18 May 2023

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