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RELEVANT LINKS
The High Court judgment is here.
The grounds are in the following links:
- Media Summary produced by the Court of Appeal
- Grounds of Judgment 1 by presiding judge Apandi Ali, JCA (now FCJ)
- Grounds of Judgment 2 by Abdul Aziz Rahim, JCA
- Grounds of Judgment 3 by Zawawi Salleh, JCA
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NST
14 October 2013
ALLAH ISSUE: Summary of Judgment, Court of Appeal
Following is the summary of the judgement on the use of the word “Allah”
1
IN THE COURT OF APPEAL OF MALAYSIA
(APPELLATE JURISDICTION)
CIVIL APPEAL NO. W-01-1-2010
BETWEEN
1. MENTERI DALAM NEGERI
2. KERAJAAN MALAYSIA
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AND
TITULAR ROMAN CATHOLIC ARCHBISHOP OF KUALA LUMPUR … RESPONDENT
SUMMARY OF DECISION
[1] Basically this is an appeal against the decision of the High Court arising from an application for judicial review of the imposition of a condition in the publication permit of the Herald – The Catholic Weekly. The impunged condition was the prohibition of the name “Allah” in the said publication. In the course of allowing the judicial2 review the learned High Court judge also allowed certain declaratory relief orders pertaining to the respondent’s constitutional right to use
the name “Allah”.
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…
[4] On the constitutionality of the action of the 1st appellant to impose the impunged condition prohibiting the usage of the word “Allah” in the Herald, it is our judgment that there is no infringement of the any of the constitutional rights, as claimed by the respondent.3
[5] It is our common finding that the usage of the name “Allah” is not an integral part of the faith and practice of Christianity. From such finding, we find no reason why the respondent is so adamant to use the name “Allah” in their weekly publication. Such usage, if allowed, will inevitably cause confusion within the community.
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[9] In the light of our findings, we are unanimous in our decision to allow the appeal by the appellants. Appeal is therefore allowed. All orders given on 31/12/2009 by the High Court pursuant to the Judicial Review application are hereby set aside. As agreed between all parties there will be no order as to costs.
Sdg.
DATO’ SRI HAJI MOHAMED APANDI BIN HAJI ALI
Judge
Court of Appeal, Malaysia
Putrajaya
Dated this 14th day of October 2013.
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