KUALA LUMPUR: The High Court yesterday granted an application by the Federal Territories Islamic Religious Council (Maiwp) to be the intervener in the application of the Sidang Injil Borneo (SIB) Church for a judicial review regarding the right to use the word “Allah” in all its religious publications.
Judge Datuk Hanipah Farikullah made the decision in chambers in the presence of lawyer Mohammed Haniff Khatri Abdulla who represented Maiwp and Lim Heng Seng and Annou Xavier who appeared for SIB.
Speaking to reporters, Mohammed Haniff said that with today’s decision, Maiwp would be the third respondent in the SIB application for the judicial review. The first respondent is the Home Minister and the second, the Government of Malaysia.
“We argued that Maiwp has a direct interest in the relief sought by the applicant (SIB) on the use of the word “Allah” in their religious publications in the country.
“Whether the applicant has the constitutional right to use the word in their prayers and religious publications, it has direct effect on the Muslim community,” he said.
Mohammed Haniff said Maiwp, as the second highest institution after the Yang di-Pertuan Agong in Islamic religious affairs in the Federal Territories, had a direct interest in the case to be allowed permission to be an intervener in the proceedings.
“Maiwp was established to assist and advise the Yang di-Pertuan Agong in matters relating to Islam in the state (territory). Maiwp has a responsibility in all matters relating to Islam in the Federal Territories, including in matters related to Islamic law and the administration of justice,” the lawyer said.
March 1 has been fixed for case management.
On Oct 1, 2014, the Court of Appeal gave the green light to the SIB Church to initiate a judicial review application over the right to use the word “Allah” in all its religious publications and materials after allowing the church’s appeal and granted it leave to proceed with its judicial review application at the High Court.
On Dec 10, 2007, SIB and its president, Rev Jerry W. A. Dusing alias Jerry W. Patel, filed a leave application for a judicial review against the Home Ministry and the government to challenge the Customs Department’s seizure of its books brought in from Surabaya, Indonesia, at the Low-Cost Carrier Terminal in Sepang on Aug 15, 2007. The books were returned to the church on Jan 25, 2008.
They had sought a declaration that they had the constitutional right to use the word “Allah” in all their religious publications and practices and not just within the church. — Bernama