Court rules Herald free to use the word “Allah”

KUALA LUMPUR:  The Catholic weekly Herald is now free to use the word “Allah” in its publication after the High Court quashed the Home Minister’s prohibition against it using the word, declaring the order as “illegal, null and void.”

In her decision, Justice Lau Bee Lan also declared that under Article 3(1) of the Federal Constitution, applicant Titular Roman Catholic Archbishop Tan Sri Murphy Pakiam had the constitutional right to use “Allah” in Herald in the exercise of his right that religions other than Islam might be practised in peace and harmony in the country.

She further ruled that the Constitution, which states Islam as the country’s religion, did not empower the minister to make such a prohibition.

“In pursuant to Article 10, the applicant also has the right to use the word ‘Allah’ in the Herald in the exercise of his right to freedom of speech and expression.” she said in her oral judgment Thursday to a packed courtroom.

Justice Lau ruled as grounds for her judgement that both the respondents – the minister and the Malaysian government – had failed throughout the trial to prove how the use of the word “Allah” could threaten national security.

On Jan 7 last year, the Home Ministry had approved the Herald’s publication permit on condition that the usage of the word “Allah” was prohibited and the word “Limited” (Terhad) be endorsed on its front page to mean that it must be circulated only to Christians.

The minister had prohibited the usage on grounds of national security and to avoid misunderstanding and confusion among Muslims.

The Archbishop, as Herald’s publisher, had filed an application on Feb 16 for a judicial review to seek a declaration that the minister’s decision for the prohibition was illegal and that the word “Allah” was not exclusive to Islam.

Representing the Archbishop were counsel Porres P. Royan and S. Selvarajah while senior federal counsel Datuk Kamaludin Md Said stood for the respondents.

Following the ruling, Kamaludin sought a clarification for the declaration to be only confined for the permit in question, which was for the period from Jan 1 to Dec 31 last year, and not future permits.

“It does not relate to an order or decision relating to future permits,” he said, adding that future permits would require a fresh application.

However, Royan argued that the permit for the period between Jan 1 and Dec 31 this year had already been issued, subjected to the same condition pending the court’s determination on the matter.

“The order speaks for itself. I believe the minister will be bound by the words he has used and that he will respect the court’s decision.

“Of course, they have other remedies. The court has granted declarations to allow the use of the word ‘Allah’ that must bind the parties,” he said.

Kamaludin then said he would seek direction from the minister on whether they would file a stay of execution application or an appeal.

In an immediate reaction, Herald’s editor Father Andrew Lawrence told the press that this was a “long-awaited” decision, hailing it as a “landmark case for our nation”.

(Allah mean God)

Minister violated rights of Herald publisher, court told

KUALA LUMPUR:  The Home Minister violated the constitutional rights of the publisher of the Herald when it banned the weekly newsletter from using the word Allah, the High Court heard.

Lead counsel Porres Royan submitted that then Home Minister Datuk Seri Syed Hamid Albar had violated several articles of the Federal Constitution.

Porres submitted that the applicant – Roman Catholic Archbishop of Kuala Lumpur Tan Sri Murphy Pakiam – has the constitutional right to use the word Allah in the Herald as provided for by the Federal Constitution.

He argued that the minister had also acted ultra vires (outside the law) of the Printing Presses and Publications Act.

“The Act was not meant to regulate any religious groups in the practice and propagation of their faith including through the use of religious publications,” he submitted before High Court judge Justice Lau Bee Lan yesterday.

Porres submitted that the use of the word Allah was essential for the worship and instructions in the faith for the Bahasa Malaysia-speaking community of the Catholic Church in the country.

Senior Federal Counsel Datuk Kamaluddin Md, however, submitted that the minister had the power to impose such a condition and that he had exercised his power lawfully.

“Any challenge can only be in respect of the decision of the minister not to grant or to revoke or suspend the permit,” he said.

Kamaluddin said there was no evidence that the minister was prejudiced or biased or had acted in bad faith or had acted contrary to the rules of natural justice in attaching the condition.

“In our country, if one refers to Allah or mentions the kalimah (verse) Allah, it will bring to one’s mind that it refers to the God for the Muslims. Kalimah Allah is sacred to the Muslims and its sanctity must be protected.

“Thus, kalimah Allah is not just a mere word or translation of the word of God as described in the Herald, but it is a specific name for the Muslim’s God.

“The usage of kalimah Allah as an interpretation of the word of God may cause confusion, religious sensitivity and disharmony between the Muslims and Christians,” he said when asking the court to reject the application by Rev Murphy to declare that the Herald was entitled to use the word and that its use was not exclusive to Islam.

Kamaluddin further said that the applicant’s contention that the Bahasa Melayu term for God is Allah and Lord is Tuhan was clearly perverse, erroneous and misconceived.

Rev Murphy had named the minister and the Government as respondents in his application.

The archbishop is named as publisher of the Herald.