Whether the Federal Territory Islamic Council (MAIWP) can intervene in Melanau clerk Jill Ireland’s seven-year battle to get back her Christian religious CDs that use the word ’Allah’, will be known on March 5.
 
In July last year, Kuala Lumpur High Court judge Zaleha Yusof had ordered that the CDs be returned.
 
Justice Zaleha ruled that the senior Customs Department officer, Suzana Muin, who issued the seizure order, had acted illegally in withholding the CDs, as such powers lay with the home minister.
 
However, the High Court last month allowed a stay application filed by the Attorney-General’s Chambers and the Home Ministry, which are appealing the decision in the Court of Appeal.
 
At the same time, Ireland has also filed a cross-appeal on the constitutional issues with regard to the usage of the word ‘Allah'.
 
MAIWP is applying to intervene in the case in the appellate court, on grounds it has an interest in the issue. It was not a party to the judicial review application in the High Court in Kuala Lumpur.
 
The matter was initially slated for hearing on Feb 10 - the same day as the Anwar Ibrahim's Sodomy II decision - but it was taken off the schedule.
 
As a result, the Court of Appeal is hearing MAIWP's application on March 5.
 
However, the appellate court has not fixed any date for the hearing of Ireland's appeal, or the Home Ministry's cross-appeal of the High Court decision ordering the respondents to return the CDs.
 
Five reasons for intervention
 
Documents sighted by Malaysiakini revealed that MAIWP has applied to intervene on several grounds:
  • The Yang di-Pertuan Agong or sultan, as head of Islam for the relevant state, has the right to regulate all matters relating to Islam, including the use of the word ‘Allah’.
     
  • Sarawak native Ireland argues her right to use, import, export, distribute any Christian material with the word ‘Allah’ for her own edification in professing her religion are guaranteed under the Federal Constitution. However, MAIWP believes it has the right to regulate or prohibit such materials.
     
  • Ireland's act of using materials with the word ‘Allah’ will cause confusion, leading to unrest and public disorder.
     
  • Ireland's action contravenes section 298A of the Penal Code and thus, the police must be empowered to investigate, seize such material which would pose a threat to security and arrest the person in possession of those materials.
     
  • MAIWP has the right to refer such matters to the syariah court if any non-Muslim is in possession of materials with the word ‘Allah’, ‘Kaabah’, ‘Solat’, etc.
CDs originally from Indonesia
 
Ireland had bought the CDs from Indonesia and had stopped over at the KL International Airport (KLIA) while on her way back home to Sarawak. The CDs were seized by Custom officers at the airport.
 
The titles of the CDs are 'Cara menggunakan kunci kerajaan Allah', 'Cara hidup dalam kerajaan Allah', ‘Ibadah yang benar dalam kerajaan Allah', ‘Metode pemuridan kerajaan Allah’, ‘Pribadi yang bertumbuh dalam kerajaan Allah’, ‘Hidup benar dalam kerajaan Allah’, ‘Pemerintahan kerajaan Allah dalam hidup’ and ‘Rahasia kerajaan Allah'.
 
Last month, the Federal Court dismissed the application by the archbishop of the Roman Catholic Church to review an earlier decision of the court not to grant leave to appeal the ban on the use of the word ‘Allah’ in its weekly, Herald.
 
The Catholic Church had filed the review application against the 4-3 judgment of the seven-member Federal Court panel that on June 23 last year dismissed the church’s application for leave to proceed with its appeal.
 
The church was seeking leave to appeal against the Court of Appeal’s decision, delivered on Oct 14, 2013, which allowed the government’s appeal to overturn the 2009 High Court decision that the Herald could use the word ‘Allah’ in its Bahasa Malaysia section.
 
The High Court had ruled that the decision by the Home Ministry in banning the Catholic weekly from using ‘Allah’ was illegal.
 
The Federal Court decision has failed to alleviate the concern of the Christian community in using the word, especially those from Sabah and Sarawak who have been using the word ‘Allah’ for God.