Titular Roman Catholic Archbishop of Kuala Lumpur v. Menteri Dalam Negeri
Encyclopedia
Titular Roman Catholic Archbishop of Kuala Lumpur v. Menteri Dalam Negeri is a court decision holding that Christians have the constitutional right to use the word "Allah" as long as use of the word was limited to educating Christians. The case is under appeal.
was sent to its publisher on July 16, 2007. A Home Ministry official told The Sun
the first warning letter was dated March 10, 2007, with the second on March 16, 2007, and the third on July 1, 2007. The official pointed out that the Herald did not print out its printing or serial number properly and carried articles that were contrary to its publishing permit. According to the government, the Catholic Herald would have its publishing permit suspended if it went ahead and publish an editorial on the Permatang Pauh by-election
. An official with the Malaysian Home Ministry's publication control and al-Quran text division said this was because an editorial on the by-election was a topic under current affairs and politics. Che Din Yusof, of the government's Publications Control and Al-Quran Texts Unit said that the "reminder" was not a show-cause letter but was issued because the newsletter "focused on political issues or figures" such as Anwar Ibrahim
.
The Herald had come under government scrutiny for alleged repeated breaches of its permit conditions, and came out strongly in defense of itself. The Herald had assured the Malaysian Home Ministry that the authorities had nothing to worry about as the weekly was targeted at Catholics and not the general public. Its editor, Father Lawrence Andrew, said Herald had never gone beyond issues of religion in its publications. "The editorial is only asking people to pray for a just and fair by-election. Can't we Christians ask fellow Christians to pray? Is that against the law?" He also said "We comment on issues. The Pope comments on issues. It's normal for us to have an ethical interpretation" of current events and politics, Andrew said. "I don't think we were in any way going against the type of content we have chosen." "In our reply to an earlier warning letter from the same person ... we remarked that the Home Ministry had not defined the concept of religion in the application form for the renewal of printing permit, nor is there a definition of religion found in the Federal Constitution," wrote Father Lawrence Andrew, the editor of the publication, in an editorial. "So we asked them to point out where we had gone wrong. We are awaiting their reply." He defended the article, saying it does not degrade Islam or any other religion. "The article was an ethical analysis about the world after the September 11 attacks on the World Trade Center towers."
, Terengganu
, Malacca
, Kedah
, Johor
, Penang
, Federal Territory, and the Malaysian Chinese Muslim Association applied to intervene in the case. The Malaysian Gurdwaras Council informed the court that they wanted to submit a representation to the Attorney-General's Chambers in not turning this issue into a confrontation between the Catholics and Islamic Councils.
The Herald was ordered by the Malaysian government to cease printing its Malay language edition until the courts resolve a ban on the paper's use of the word Allah. The Herald newspaper editor Father Lawrence Andrew said the move was part of a series of restrictions put in place by the conservative Muslim government when it renewed the paper's licence on December 30, 2008. The Herald referred to its lawyers to check whether the Malaysian Home Ministry has the right to stop it from printing its Bahasa Malaysia edition. The Catholic Church wrote a letter to the ministry demanding that it recall its order against the use of Bahasa Malaysia when it renewed the The Herald's annual publishing permit, giving the ministry seven days to reply or it would sue the government for going against the Federal Constitution.
The Herald asked the Malaysian High Court to intervene in a court case involving the use of the word Allah by the newspaper. The Archbishop of Kuala Lumpur
, Tan Sri Murphy Pakiam, who also acted as the publisher of the Herald, submitted himself as the plaintiff. The application was filed on December 22, 2007. In his statement, Archbishop Pakiam was seeking a declaratory relief that the Herald was entitled to use the word Allah and that the word should not exclusive to Islam. He also was seeking a declaration that the minister's directive to cease the use of the word Allah in the Herald was illegal and null and void. One of the reasons for the government ban was concern that Malay language news content which used the word Allah to describe God in a non-Muslim context would confuse followers of Islam in Malaysia
. In Herald's case notes, it was noted that word Allah was simply Arabic for "the God", and the Quran says that Allah is the same god worshiped by Jews and Christians. Thus Muslims in English-speaking areas like North America will often use the word God in place of Allah, and Christians in Arabic-speaking nations like Egypt will say Allah for God, even in church.
On the ruling by the Malaysian government on February 27, 2008, The Herald's editor stated that the controversial ban on the word Allah to mean God for non-Muslims is still in place. Father Lawrence quoting a letter dated February 16, 2009, said that the printing, publishing, sale, issue, circulation and possession of any document and publication relating to Christianity containing the words Allah, Kaabah, Baitullah
and Solat were prohibited unless on the front cover of the document and publication are written with the words "FOR CHRISTIANITY" in font type Arial of size 16 in bold.
On February 26, 2009, The Herald got permission to use the word Allah on its masthead, provided it clearly states that the magazine is 'For Christians only'. This was stated in the recently gazetted order under Internal Security Act
signed by the Home Minister Syed Hamid Albar on February 16. However on February 28, 2009, the Home Ministry rescinded the government gazette that allowed conditional use of the word Allah in Christian publications. The government's decision to ban the use of the word Allah in The Herald remained in force until the court decided otherwise.
ruled in favor of The Herald
, stating that even though Islam is the federal religion of the country, this does not empower the government to prohibit the use of the word Allah. It also found that the word Allah was not exclusive to Muslims.
The ruling emphasized that use of the "Allah" by Christians is protected by the constitution as long as it is not used to proselytize Muslims. The court determined the home minister considered irrelevant factors when deciding to prohibit the use of "Allah" by "The Herald."
Several acts of arson and vandalism have been carried out against churches in Malaysia since the Herald decision on 31 December 2009. The government has responded by increasing security at places of worship and condemning the attacks.
The Malaysian opposition
has criticized the government's handling of the Herald case and the resulting protests. Some opposition leaders claim that these protests, together with the government handling of the 'Allah' controversy may have been the prime reason for the church attacks.
The law firm representing The Herald was burgled on January 14, 2010 and a lawyer's laptop and cash was found to be missing.
Background of the case
The Herald was issued with three warning letters by the Malaysian Home Ministry before a show cause letterOrder to show cause
An order to show cause, in most Anglo-Saxon law systems, is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to...
was sent to its publisher on July 16, 2007. A Home Ministry official told The Sun
The Sun (Malaysia)
The Sun is Malaysia's first national free daily newspaper in tabloid form. Available from Mondays to Fridays except on public holiday, with a target audience of white-collar workers and urban youth....
the first warning letter was dated March 10, 2007, with the second on March 16, 2007, and the third on July 1, 2007. The official pointed out that the Herald did not print out its printing or serial number properly and carried articles that were contrary to its publishing permit. According to the government, the Catholic Herald would have its publishing permit suspended if it went ahead and publish an editorial on the Permatang Pauh by-election
Permatang Pauh by-election, 2008
A by-election was held for the Dewan Rakyat parliamentary seat of Permatang Pauh on August 26, 2008 with nomination day on August 16, 2008. The seat of Permatang Pauh in the Dewan Rakyat, fell vacant after the resignation of the incumbent, Datuk Seri Wan Azizah Wan Ismail, on 31 July 2008...
. An official with the Malaysian Home Ministry's publication control and al-Quran text division said this was because an editorial on the by-election was a topic under current affairs and politics. Che Din Yusof, of the government's Publications Control and Al-Quran Texts Unit said that the "reminder" was not a show-cause letter but was issued because the newsletter "focused on political issues or figures" such as Anwar Ibrahim
Anwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
.
The Herald had come under government scrutiny for alleged repeated breaches of its permit conditions, and came out strongly in defense of itself. The Herald had assured the Malaysian Home Ministry that the authorities had nothing to worry about as the weekly was targeted at Catholics and not the general public. Its editor, Father Lawrence Andrew, said Herald had never gone beyond issues of religion in its publications. "The editorial is only asking people to pray for a just and fair by-election. Can't we Christians ask fellow Christians to pray? Is that against the law?" He also said "We comment on issues. The Pope comments on issues. It's normal for us to have an ethical interpretation" of current events and politics, Andrew said. "I don't think we were in any way going against the type of content we have chosen." "In our reply to an earlier warning letter from the same person ... we remarked that the Home Ministry had not defined the concept of religion in the application form for the renewal of printing permit, nor is there a definition of religion found in the Federal Constitution," wrote Father Lawrence Andrew, the editor of the publication, in an editorial. "So we asked them to point out where we had gone wrong. We are awaiting their reply." He defended the article, saying it does not degrade Islam or any other religion. "The article was an ethical analysis about the world after the September 11 attacks on the World Trade Center towers."
Legal case
The Herald and the archbishop of the diocese of Kuala Lumpur opted to take the legal route and take the government to court to overturn the ruling on the use of the word Allah. Meanwhile the state Islamic councils of SelangorSelangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...
, Terengganu
Terengganu
Terengganu is a sultanate and constitutive state of federal Malaysia. The state is also known by its Arabic honorific, Darul Iman...
, Malacca
Malacca
Malacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...
, Kedah
Kedah
Kedah is a state of Malaysia, located in the northwestern part of Peninsular Malaysia. The state covers a total area of over 9,000 km², and it consists of the mainland and Langkawi. The mainland has a relatively flat terrain, which is used to grow rice...
, Johor
Johor
Johor is a Malaysian state, located in the southern portion of Peninsular Malaysia. It is one of the most developed states in Malaysia. The state capital city and royal city of Johor is Johor Bahru, formerly known as Tanjung Puteri...
, Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
, Federal Territory, and the Malaysian Chinese Muslim Association applied to intervene in the case. The Malaysian Gurdwaras Council informed the court that they wanted to submit a representation to the Attorney-General's Chambers in not turning this issue into a confrontation between the Catholics and Islamic Councils.
The Herald was ordered by the Malaysian government to cease printing its Malay language edition until the courts resolve a ban on the paper's use of the word Allah. The Herald newspaper editor Father Lawrence Andrew said the move was part of a series of restrictions put in place by the conservative Muslim government when it renewed the paper's licence on December 30, 2008. The Herald referred to its lawyers to check whether the Malaysian Home Ministry has the right to stop it from printing its Bahasa Malaysia edition. The Catholic Church wrote a letter to the ministry demanding that it recall its order against the use of Bahasa Malaysia when it renewed the The Herald's annual publishing permit, giving the ministry seven days to reply or it would sue the government for going against the Federal Constitution.
The Herald asked the Malaysian High Court to intervene in a court case involving the use of the word Allah by the newspaper. The Archbishop of Kuala Lumpur
Roman Catholic Archdiocese of Kuala Lumpur
The Roman Catholic Metropolitan Archdiocese of Kuala Lumpur is an ecclesiastical territory or diocese of the Roman Catholic Church in Malaysia. It was erected as the Diocese of Kuala Lumpur by Pope Pius XII on February 25, 1955, and was elevated to the rank of a Metropolitan Archdiocese on...
, Tan Sri Murphy Pakiam, who also acted as the publisher of the Herald, submitted himself as the plaintiff. The application was filed on December 22, 2007. In his statement, Archbishop Pakiam was seeking a declaratory relief that the Herald was entitled to use the word Allah and that the word should not exclusive to Islam. He also was seeking a declaration that the minister's directive to cease the use of the word Allah in the Herald was illegal and null and void. One of the reasons for the government ban was concern that Malay language news content which used the word Allah to describe God in a non-Muslim context would confuse followers of Islam in Malaysia
Islam in Malaysia
Malaysia is a multiracial country with Islam being the largest practiced religion, comprising approximately 61.4% Muslim adherents, or around 17 million people, as of 2010. Islam is declared as the "religion of the federation". Though there has been much debate on whether Malaysia is a secular...
. In Herald's case notes, it was noted that word Allah was simply Arabic for "the God", and the Quran says that Allah is the same god worshiped by Jews and Christians. Thus Muslims in English-speaking areas like North America will often use the word God in place of Allah, and Christians in Arabic-speaking nations like Egypt will say Allah for God, even in church.
On the ruling by the Malaysian government on February 27, 2008, The Herald's editor stated that the controversial ban on the word Allah to mean God for non-Muslims is still in place. Father Lawrence quoting a letter dated February 16, 2009, said that the printing, publishing, sale, issue, circulation and possession of any document and publication relating to Christianity containing the words Allah, Kaabah, Baitullah
Baitullah
Baitullah, an Arabic phrase meaning "House of God", may refer to:* Baitullah Mehsud, the name of a militant commander in Pakistan* The Kaaba, Islam's holiest site* Any mosque...
and Solat were prohibited unless on the front cover of the document and publication are written with the words "FOR CHRISTIANITY" in font type Arial of size 16 in bold.
On February 26, 2009, The Herald got permission to use the word Allah on its masthead, provided it clearly states that the magazine is 'For Christians only'. This was stated in the recently gazetted order under Internal Security Act
Internal Security Act
The term Internal Security Act is often given to a piece of legislation laying down regulations that enable the executive government of a jurisdiction to preserve the internal security of the nation...
signed by the Home Minister Syed Hamid Albar on February 16. However on February 28, 2009, the Home Ministry rescinded the government gazette that allowed conditional use of the word Allah in Christian publications. The government's decision to ban the use of the word Allah in The Herald remained in force until the court decided otherwise.
High Court ruling
On December 31, 2009, the Kuala Lumpur High CourtHigh Courts of Malaysia
The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court...
ruled in favor of The Herald
The Herald (Malaysian Catholic Weekly)
-Circulation:It has a circulation of 14,000 copies in Malaysia. It is printed in English, Malay, Tamil and Chinese, and meant for distribution to Malaysian Catholics.-Newspaper sections:*Cover News*Forum & Reflection*Home News*International News*Editorial...
, stating that even though Islam is the federal religion of the country, this does not empower the government to prohibit the use of the word Allah. It also found that the word Allah was not exclusive to Muslims.
The ruling emphasized that use of the "Allah" by Christians is protected by the constitution as long as it is not used to proselytize Muslims. The court determined the home minister considered irrelevant factors when deciding to prohibit the use of "Allah" by "The Herald."
Reaction
Several acts of arson and vandalism have been carried out against churches in Malaysia since the Herald decision on 31 December 2009. The government has responded by increasing security at places of worship and condemning the attacks.
The Malaysian opposition
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
has criticized the government's handling of the Herald case and the resulting protests. Some opposition leaders claim that these protests, together with the government handling of the 'Allah' controversy may have been the prime reason for the church attacks.
The law firm representing The Herald was burgled on January 14, 2010 and a lawyer's laptop and cash was found to be missing.