By Debra Chong
KUALA LUMPUR, Nov 21 — The ongoing lawsuit filed by the Catholic Church in Malaysia seeking a judicial review of the government decision to ban it from using the word “Allah” is not a matter that can be decided by the courts, says lawyer Mubashir Mansor.
“We are making an application under Section 84 of the Courts of Judicature Act for the High Court to stay the effect of the proceedings in order to state a case to be determined by the Federal Court on the effect of relevant provisions of the Federal Constitution,” he said.
“The effect is whether or not the present issue is justiciable, something that should be decided by a court of law.
“We are saying that this issue is not,” he added.
Mubashir is acting on behalf of three state Islamic councils, namely Malacca, Penang and Terengganu, which are seeking to intervene in the case.
He told reporters at the High Court here that he would be filing his application to the Federal Court in Putrajaya in the next two weeks.
A total of eight Muslim organisations today joined the Home Minister and the federal government as respondents in the suit filed by the church on the right to use the word in its publication and practices.
The other five are the Federal Territory Religious Council, Selangor Religious Council, Kedah Religious Council, Johor Religious Council and the Malaysian Chinese-Muslim Association.
The Malaysian Gurdwaras Association, representing the Sikh community, had also sought to be included in the court case for the right to use "Allah" in their religious practices.
Justice Lau Bee Lan, of the KL High Court of Appellate and Special Powers Division, fixed Feb 27 for mention to enable the various Muslim organisations time to file their affidavits.
The Catholic Church's official publication, The Herald, had in May this year won the right to challenge the Home Minister's decision to ban it from using the word "Allah" as a synonym for God in its Malay-language section.
The counsel for the church, Porres Royan, said that the church had previously objected to the inclusion of these parties seeking to intervene in their case, but had changed its mind.
Asked to comment on Mubashir's claims, Porres replied that he did not understand what they wanted.
Asked to comment on Mubashir's claims, Porres replied that he did not understand what they wanted.
He affirmed that the church merely wanted the Home Minister's decision overturned.
"The Home Minister decided that we cannot use the word 'Allah'," he said.
"We are saying that decision is wrong," he concluded. -- The Malaysian Insider
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