I refer to this morning Federal Court decision in dismissing the Catholic Church's application for leave to appeal to use the word ‘Allah’ in its weekly publication.
 
The Federal Court this morning by a 4-3 majority led by Chief Justice Arifin Zakaria, dismissed the Church application for appeal and reaffirmed the Court of Appeal decision on Oct 14, 2013 that bans the use of the word ‘Allah’ in its weekly publication, The Herald.
 
There are two reasons why I am disappointed with this decision.
 
Firstly, this is merely a leave application. This means the appellant, the Catholic Church, is merely seeking permission for the Federal Court to hear their submission in the court on the merit and reason why the Court of Appeal has erred in their judgment.
 
The Catholic Church posed 26 questions that needed the Federal Court to decide hence the need for full hearing of their appeal but apparently all 26 questions are not enough to sway or convince the court to grant the leave.
 
It must be remembered even if the leave application is granted that does not mean the Catholic Church would definitely succeed in the appeal later but what it does is give a chance to the church to submit their points on a very important constitutional issue.
 
Surely the court should grant this chance to the Catholic Church.
 
The Federal Court, being the apex court in our judicial system has been given a very good opportunity to clarify the position and extent of religious rights of all Malaysians, but in a rather anti-climax manner chose the easy way out. This is most disappointing.
 
Secondly, I feel this decision would have a far-reaching implication on the fundamental principle of freedom of religion as guaranteed by our federal constitution.
 
Article 3 of the federal constitution states that Islam is the official religion but other religions may be practiced in peace and harmony in this country.
 
With the current debacle whether Malaysia is an Islamic or secular state still dividing opinions from various quarters and also the recent bible seizures issue in Selangor and children custody tussle between Muslim and Non-Muslim parents, this decision is bound to further exacerbate the already deteriorating religious relationship within the community.
 
I strongly believe Malaysia is a secular state as enunciated by our Supreme Court in 1998 and it would be most unwise if the court fails to be seen as the guardian of religious harmony.

It is fear that this decision would open a Pandora’s box and further erodes the rights of the Non-Muslims in this country.
 

JIMMY PUAH WEE TSE is Johor PKR Legal Bureau chief-cum-state assemblyperson for Bukit Batu.