'Divided bench proves leave should be granted'
The narrow majority of four to three in the Federal Court's ruling on the use of the word 'Allah' by Catholic weekly Herald shows there are serious issues that need to be heard by the Federal Court, says the Council of Churches Malaysia.
In expressing disappointment over the yesterday's outcome, council general secretary Reverend Hermen Shastri said a full hearing of the appeal of the Archbishop of the Catholic Church should have been allowed.
The narrow majority of four to three in the Federal Court's ruling on the use of the word 'Allah' by Catholic weekly Herald shows there are serious issues that need to be heard by the Federal Court, says the Council of Churches Malaysia.
In expressing disappointment over the yesterday's outcome, council general secretary Reverend Hermen Shastri (right) said a full hearing of the appeal of the Archbishop of the Catholic Church should have been allowed.
“Leave (permission) to hear the appeal ought to be granted.
"Yesterday's decision only related to the Herald , and CCM takes the position that the Bahasa Malaysia-speaking Christian community can continue to use the word 'Allah' in their prayers and worship," Hermen said in a statement.
In its refusal to grant leave to the Archbishop of the Catholic Church to appeal the Court of Appeal decision banning the use of 'Allah' by the Herald , the Federal Court also refused to hear the 28 questions of law proposed by the archbishop's lawyers.
Chief Justice Arifin Zakaria, who wrote the sole judgment refusing to grant leave, said the Court of Appeal applied the right test and hence, it was not proper for the apex court to disturb the decision.
However, the top judge also ruled that the various comments made by the Court of Appeal judges, among others that “Allah is not essential to the faith of the Christians” as orbiter (an opinion that is not necessary).
The decision of Justice Arifin decision was agreed with by three other top judges sitting on the matter, Court of Appeal President Md Raus Sharif, Chief Judge of Malaya Zulkefli Ahmad Makinuddin, and Federal Court judge Suriyadi Halim Omar.
The remaining three on the bench who dissented were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Jeffrey Tan Kok Wha and Zainun Ali.
The government in a brief statement yesterday said following the decision of the country's apex court, Christians can still use the term 'Allah' in their churches and it was committed to the 10-point solution .
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