The Star Online (http://thestar.com.my)
1.State religious councils want to intervene in ‘Allah’ case, 26 June 2008
By M. MAGESWARI
KUALA LUMPUR: Two state religious councils have applied to intervene in the judicial review sought by the publisher of the Herald to challenge the Government’s order prohibiting the use of the word “Allah” in the Catholic weekly.
The two are Penang Islamic Religious Council (PIRC) and Terengganu Islamic Religious and Malay Custom Council.
They filed respective applications at the High Court civil registry here through the law firm of Messrs Zainul Rijal Talha & Amir at 1pm on Thursday.
Speaking to reporters later the law firm’s legal adviser Mohd Zulkhairi Ab Aziz said the two religious authorities sought to become interveners in the judicial review to take care of the interests of Muslims in the country.
In affidavits to support the applications filed on Thursday, PIRC secretary Fakhruddin Abd Rahman, 37, and Terengganu council’s chief executive officer Datuk Alwi Muhamad, 62, affirmed the documents for respective councils.
In the affidavits, the two religious authorities said they want to become interveners in the judicial review on the grounds that they have jurisdiction to do so as the Catholic weekly would also be distributed in their states.
The two councils said that they have to safeguard the implementation of syariah laws and regulations.
The councils said that they have interests in averting confusion among the people, which can undermine public security and provoke religious sensitivities.
The councils said they have the rights to give opinions related the legal matters and over the use of the word “Allah” under the Islamic point of view.
They claimed that if the applications to intervene is rejected or denied then the interest of the Muslims would be prejudiced or jeopardised to the extent of disparaging their credibility.
They claimed that the applications to intervene is made without bias as the court should determine which forum has the jurisdiction to discuss the right over the use of the word "Allah" in the publication – the High Court or Syariah Court.
The councils said this follows Article 121 (1A) of the Federal Constitution which states that the High Court does not have jurisdiction over matters within the purview of the Syariah Court namely matters relating to the Islamic religions and its followers.
On Thursday, Mohd Zulkhairi said the two religious authorities had also filed applications to become interveners for a similar civil suit pending at the High Court here on the same grounds.
The High Court had on May 5 allowed the Roman Catholic Archbishop of Kuala Lumpur to challenge the Government’s order prohibiting the use of the word "Allah" in the Catholic weekly.
The Roman Catholic Archbishop of Kuala Lumpur Datuk Murphy Pakiam had applied to declare that the Herald is entitled to use the word and that its use was not exclusive to Islam. Rev Murphy, 70, had named the then Internal Security Minister and the Government as respondents in the application filed on March 19.
・1995-2008 Star Publications (Malaysia) Bhd (Co No 10894-D)
2.Church case on use of ‘Allah’ slated for Wednesday, 5 July 2008
KUALA LUMPUR: The civil suit filed by the Catholic Church over the use of the word “Allah” is fixed for mention at the High Court here on Wednesday.
Also scheduled to be heard before Justice Lau Bee Lan are the applications by at least five other parties that had applied to intervene in the proceedings.
Of the five, four of them are the Islamic religious councils for the states of Penang, Terengganu, Perak and the Federal Territories.
The Malaysian Gurdwaras Council is the sole non-Muslim body seeking to be named as a party in the suit, in which the Roman Catholic Archbishop of Kuala Lumpur is seeking a judicial review.
The archbishop Tan Sri Murphy Pakiam is seeking to declare that the Catholic weekly Herald is entitled to use the word “Allah”.
He is also seeking to declare that its usage is not exclusive to Islam.
Rev Murphy, 70, had named the then Internal Security Minister (now Home Minister after the ministry was merged with the Home Affairs Ministry) and the Government as respondents in the application filed on March 19.
The archbishop is named as an applicant in the action in his capacity as publisher of the Herald.
The High Court granted leave to hear the application on May 5.
・1995-2008 Star Publications (Malaysia) Bhd (Co No 10894-D)
3.Religious councils want to intervene in application, 9 July 2008
KUALA LUMPUR: Two more parties are applying to be part of the Catholic Church’s application for a judicial review over the use of the word “Allah”.
The Selangor Islamic Religious Council (Mais) yesterday filed its application to intervene in the suit through Azra & Associates while the Kedah Islamic Religious Council (Maik) filed its application through the firm of Omayah, Nawal & Partners.
Other parties to the suit are the Islamic religious councils for the states of Penang, Terengganu, Perak and the Federal Territories as well as the Malaysian Gurdwaras Council, the sole non-Muslim intervener in the suit.
Among others, Mais and Maik are seeking to intervene on grounds that they were responsible for the administration of Islam and Islamic laws in the two states and to prevent any confusion that could threaten public peace and security or raise religious sensitivities.
They are also seeking to be parties to the civil suit filed by the church over the matter.
The Roman Catholic Archbishop of Kuala Lumpur, in an application for a judicial review, is seeking to quash the decision of the Internal Security Minister (now Home Minister) in a letter dated Feb 12, which imposed conditions on the publishing permit of The Herald, a Catholic weekly.
Among the conditions was a prohibition on the use of the word “Allah.”
The application is scheduled for a mention at the appellate and special powers division of the High Court today.
Apart from this application, the archbishop had also filed another civil suit seeking, among others, to declare that the word “Allah” is not exclusive to the religion of Islam. This suit is still pending.
・1995-2008 Star Publications (Malaysia) Bhd (Co No 10894-D)
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