KUALA LUMPUR (June 8): The Federal Territory Islamic Religious Council (MAIWP) and the Johor Islamic Religious Council have both filed an application to intervene in the government’s appeal against a High Court decision to annul the ban on the use of the word “Allah” by non-Muslims in Malaysia.

Lawyer Annou Xavier confirmed with theedgemarkets.com that in case management today conducted via Zoom, the Court of Appeal registry set July 12 for the next case management to allow the respective parties to file affidavits for their intervener applications, as well as the Attorney-General’s Chambers (AGC) to file its appeal records.

In her decision, Justice Datuk Nor Bee Ariffin ruled that the circular issued following the 1986 Cabinet directive is null and void.

She said the circular, which was signed by a Home Ministry officer and not a minister, provided a blanket ban over the use of the four words, which was not the directive's intention.

"The directive on the prohibition that it would result in a threat in public order is not supported. In fact, the directive is deemed irrational and perverse," she said. 

The lawyer was acting on behalf of Jill Ireland, a Melanau clerk from Sarawak who sought a judicial review in the High Court.

Malay-speaking Christians in Malaysia, especially those living in Sabah and Sarawak, have been using the word Allah — the Arabic term for God — for generations.

Umno and PAS were reported to have pressured the government to appeal against the High Court decision delivered on March 10.

The court ruled that the use of the word Allah by non-Muslims is allowed.

The court has also ruled that the words Baitullah, Kaabah and solat, which non-Muslims are banned from using as per the Cabinet decision in 1986, could also be used by the Christian community for teaching purposes as they have been in use in Sabah and Sarawak and some parts of Peninsular Malaysia for more than 400 years.

Court of Appeal Judge Nor Bee, sitting as the High Court judge, allowed the judicial review filed by Jill in August 2008 after the seizure of eight compact discs containing the word "Allah" by the Home Ministry at the Low-Cost Carrier Terminal (LCCT) in Sepang.

Although the CDs were returned, she went ahead with the judicial challenge that included a challenge of the circular issued by the Home Ministry over a ban of the use of the four words — Allah, Baitullah, solat and Kaabah — unless there is the written word "Christian" published in front.