PUTRAJAYA: The government withdrew its appeal over the High Court's ruling in the case of Sarawakian Jill Ireland and the use of the word Allah and three others for education purposes following the discovery of a contradiction between a 1986 cabinet decision and the Home Ministry's administrative order the same year.
Home Minister Datuk Seri Saifuddin Nasution Ismail said the contradiction was found by the ministry during the appeal application process after the March 21, 2021, decision by Court of Appeal judge Datuk Nor Bee Ariffin, who said the directive to prohibit the use of the four words by non-Muslims 35 years ago as "illegal" and "irrational".
"The Kuala Lumpur High Court's decision was made based on a civil and administrative approach, which is the issue related to the seizure of publication materials at that time.
"And it was not from the theology aspect or anything that involved the use of the world Allah.
"Therefore, the function of the court itself was inappropriate in deciding affairs related specifically to religious matters.
"Therefore, in the March 21 judgment, it was clear the judge had made a decision based on administrative approach and did not touch on the use of Allah.
"In this case, the government's decision not to proceed with the appeal was done on case-by-case basis, without jeopardising facts for any case that is in court action," he said after the Immigration Department's Hari Raya Aidilfitri celebration today.
Saifuddin said the government's decision to withdraw the appeal now paves the way for the ministry to study and update a new and more holistic administrative order.
"It is to tackle the use of the word Allah, Baitullah, Solat and Kaabah in line with the interest and benefit of the multiracial and multireligious Malaysia.
"It also serves to be a more effective supervision and control on publication materials that breaches law provisions are enforced," he added.
He stressed that although Articles 11(1) and 11(4) of the Federation Constitution allowed one to profess and practice its religion, one was still subjected to the federal or state laws that could control or restrict the spread of other religious doctrines or beliefs among Muslims.
Yesterday, Senior Federal Counsel Shamsul Bolhassan, who represented the ministry and the government, confirmed the termination notice on April 18.
Nor Bee made the ruling after a 13-year long legal battle between the government and Ireland, a Melanau Christian who filed the judicial review in August 2008.
Nor Bee said the government directive was issued beyond the aim of the Printing Presses and Publications Act 1984 (PPPA).
"PPPA cannot be used as a general law to check on public order, public health and morality. Ireland has the (constitutional) right to use and import any publication for her religious education.
"Her right has been guaranteed under Article 8 of the Federal Constitution, where she can practise her faith without discrimination. However, the word Allah can only be used by the church provided the publication was only meant for Christians," she said.
The judicial review was against the home minister and the government after the seizure of eight compact discs (CDs) containing the word "Allah" by the ministry at the Kuala Lumpur International Airport.
The CDs bore the titles "Cara Hidup Dalam Kerajaan Allah", "Hidup Benar Dalam Kerajaan Allah" and "Ibadah Yang Benar Dalam Kerajaan Allah".
On July 21, 2014, the High Court ordered that the CDs be returned to Ireland, but it did not make an order on the declaration applied for by the woman that she had the right to keep, use and import published materials containing the word "Allah".
On June 23, 2015, the Court of Appeal endorsed the High Court's decision, which ordered the Home Ministry to return the seized CDs to her after dismissing the appeal by the ministry and the Malaysian government against the High Court's decision.