Sidang Injil Borneo (SIB) was denied permission by the High Court in Kuala Lumpur today to initiate a judicial review of the Home Ministry’s seizure of Christian religious books with the word 'Allah' in them seven years ago.

In a decision that is bound to upset Christians in Sabah and Sarawak, the High Court ruled that it was bound by the decision of the Court of Appeal in the case between the Archbishop Titular of the Roman Catholic Church and the Home Ministry.

"We are bound by the principle of stare decisis by the superior court, where it found that the word 'Allah' is not integral to the faith and practises of Christianity," ruled Justice Zaleha Yusof.

"Until then, we are bound by it and this court has to dismiss the application, without costs," Justice Zaleha said.

 

Senior federal counsel Shamsul Bolhassan ( right ) represented the Home Ministry and the Malaysian government while Lee Heng Seng appeared for SIB.

 

In the Archbishop Roman Catholic Church case, better known as the Herald Catholic Weekly case, the Court of Appeal had in October last year overturned the KL High Court Dec 31, 2009 decision that said the ban on the use of Allah in the weekly was illegal, null and void.

 

The matter is now pending at the Federal Court after the highest court in the country deferred in delivering the decision for permission to appeal which was heard in March 5.

 

The books in question were children’s religious books seized by the authorities at the Low-Cost Carrier Terminal in Sepang in August 2007.

 

SIB will appeal

 

In an immediate reaction, SIB president Jerry Dusing ( left in photo ) said they would appeal “as the word 'Allah' is integral to our faith as our medium of instruction is in Bahasa Malaysia”.

 

The books were on transit to Sabah and Sarawak from Indonesia, Dusing said, before they were seized by the authorities for containing three other words deemed offensive besides Allah namely “Baitullah”, “Solat” and “Kaabah”.

 

“However, the books were returned in 2008 just before the general election and state elections,” said the SIB president. “But we are taking this action as it affects our rights and faith and also the future of the Christian community in Sabah and Sarawak.

 

“Our main communication in the church is Malay or Bahasa Malaysia. These books are children books imported from Indonesia, and we should be allowed to use them.

 

“The decision today is against the 18 and 20 point agreement for Sabah and Sarawak to join Malaysia as one of the major points agreed is freedom of religion, as Christians are the majority in both states.”

Dusing also said the medium of education all this while is Bahasa Malaysia and he asked if they now do they have to change their sermons to use words other than ‘Allah’, which they have been using for hundreds of years.

“Does this mean we have to reeducate the bible community to use other words. The children’s books in Bahasa Malaysia or Indonesia are similar to what we have been practising all this while, and there shouldn’t be any problems,” the SIB president said.

 

He also voiced his objection on the Court of Appeal’s decision that was allegedly based on internet research, without seeking opinions from theologians.

 

“The court cannot decide for us what is integral or what is not integral to our faith,” Dusing added.

 

Upset with decision

He said the Sabah and Sarawak Christian community are certainly upset with today's decision and will appeal.

 

If this is the case, this would be the second appeal that will have to be decided by the superior courts - the Court of Appeal and Federal Court - over the word ‘Allah’.

 

In the current case, SIB was seeking a declaration that they have the constitutional right to use ‘Allah’ in all their religious publications and materials.

 

They also sought a declaration that SIB's congregation, where the majority are Bahasa Malaysia speaking natives, are entitled to own, possess, use and import materials notwithstanding the use of the word ‘Allah’ in all publications.

 

Furthermore, SIB was also seeking a declaration that the government’s ban on the usage of ‘Allah’ is unconstitutional.

The decision today also puts to question on the 10 point agreement by the federal government to the Christian community in Sabah and Sarawak.

 

The nature of today's decision by the judge saying it was bound by the Court of Appeal's decision puts to question the conduct of the Ipoh Session Court which went against the appellate court's unanimous decision that declared Section 9 (5) of the Peaceful Assembly Act 2012, punishment on not giving 10 day notice, as unconstitutional.