As reported by
Reuters, the Court of Appeal of Malaysia today, in a 3-0 decision, reversed the High Court (see
prior posting) and upheld a licensing condition imposed by the Minister of Security prohibiting the Catholic newspaper The Herald from using the word "Allah" in its Malay language edition to refer to God. In
Negeri v. Titular Roman Catholic Archbishop of Kuala Lumpur, (Malay. Ct. App., Oct. 14, 2013), the judges' views were encapsulated in a
Summary of Decision, which was accompanied by separate opinions by Judges Mohamed Apandi Bin Ali (
full text), Abdul Aziz Bin Abd Rahim (
full text), and Mohd Zawawi Bin Salleh (
full text). The court held:
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.....
[T]he welfare of an individual or group must yield to that of the community.... [T]his is how the element of “in peace and harmony” in Article 3(1) is to be read with the freedom of religion in Article 11(1) of the Federal Constitution....
[S]ufficient material have been considered by the Minister in discharging his function and statutory power under the Printing Presses And Publications Act 1984. Although the test under the written law is subjective, there are sufficient evidence to show that such subjective decision was derived by considering all facts and circumstances in an objective manner. Thus, there is no plausible reason for the High Court to interfere with the Minister's decision.
In the case, (See
prior related posting.)
