Allah Ban Went Against 1986 Cabinet Policy Jill Ireland Ruling


 


The Dr Mahathir Mohamad-led cabinet allowed Christians in Malaysia to conditionally use of the word “Allah” in May 1986.
However, seven months later, officials of a division in the Home Ministry then issued a directive imposing a total ban on the word in Bahasa Malaysia editions of Christian religious publications.
This was pointed out in the written judgment for the landmark decision by the Kuala Lumpur High Court in a legal action over the right to use the word for educational purposes by a Melanau Christian, Jill Ireland.
On March 10, Court of Appeal judge Nor Bee Ariffin, sitting in the capacity of a High Court judge, allowed the judicial review leave application by Ireland.
The judge ruled that the government has erred in issuing the 1986 directive banning the use of the word "Allah" by Christians and that Ireland, a Sarawakian, had the right to use the word “Allah” for religious and educational purposes.
Ireland had initially instituted the action for the return of Malay-language Christian CDs and religious books seized by customs officers at the Kuala Lumpur Low-Cost Terminal (LCCT) in Sepang in 2008.
She had then just touched down in Malaysia via a flight from Indonesia.
However, following a court order to have the items returned to the clerk in 2015, her legal battle became one seeking a court declaration for the right to use the word “Allah”.
In her written grounds of judgment, Nor Bee noted that a memo from the then deputy prime minister Abdul Ghafar Baba in 1986 indicated that the cabinet then had permitted conditional use of the word “Allah” by Bahasa Malaysia Christian publications.
The judge made reference to a memo by Ghafar dated May 16 that year which stipulated that Christian publications could use the word “Allah” and three other words with conditions.
The other three words are “Kaabah”, Baitullah”, and “Solat”.
The memo, bearing Ghafar’s signature, stated that the four words cannot be used by non-Islamic religious publications except on the condition that the front covers of these publications state “Untuk agama Kristian” (For The Christian Religion).

The Kuala Lumpur High Court
Nor Bee noted that a separate letter from then-premier Mahathir endorsed the content of Ghafar’s memo, thus inferring this was a cabinet’s policy decision.
The judge pointed out that the Home Ministry’s publication control division, however, issued a letter dated December 1986 to all Christian religious publishers nationwide which diverged from the cabinet policy.
'Serious doubt'
She was referring to the December letter signed by the then ministry's chief secretary Hassan Jantan which stated that the four words cannot be used at all by Bahasa Malaysia Christian publications in Malaysia.
The judge noted that the said ministry’s division letter did not even refer to the condition of “Untuk Agama Kristian” that needed to be present on the front covers of Bahasa Malaysia Christian publications before the four words could be used in them.
“In the circumstances, the impugned directive then must mirror the cabinet’s policy decision. The question is whether it did?
“Upon painstakingly perusing through all evidence adduced in this proceedings, I entertained serious doubt whether the cabinet’s policy decision was incorporated in the impugned directive as there appears to be marked discrepancies between the cabinet’s policy decision and the impugned directive,” Nor Bee said.
“In my view, on a true and proper construction of the PM’s (Mahathir) letter and the DPM’s (Ghafar) note, the cabinet’s policy decision did not impose a total ban on the four words “Allah”, “Kaabah”, “Baitullah” and “Solat”.
“The impugned directive did,” the judge said.
“For reasons best known only to the Publication Control Division of the Ministry of Home Affairs, and which remains unexplained, the clear words on the DPM’s note with regard to the use of the four words that ought to have been taken into account was wholly disregarded and substituted with the imposition of a total prohibition,” she said.
“There is no evidence to the effect that there were changes brought about to the cabinet’s policy decision or that the cabinet had endorsed the changes made to the decision as contained in the impugned directives,” she said.
The Home Minister and the government have appealed to the Court of Appeal against the High Court verdict. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2021/03/allah-ban-went-against-1986-cabinet.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Explainer High Court S 96 Page Judgment On Why Malaysia S 1986 Allah Ban Was Quashed In Jill Ireland S Case

Explainer High Court S 96 Page Judgment On Why Malaysia S 1986 Allah Ban Was Quashed In Jill Ireland S Case

papar berkaitan - pada 24/3/2021 - jumlah : 217 hits
that refer to God Such use can be well before the Home Ministry s written directive in 1986 to ban such usage On May 11 2008 Jill Ireland had eight educational compact discs each containing the word Allah in their titles for her personal re...
Igp Warns Against Street Protest Over Allah Court Ruling

Igp Warns Against Street Protest Over Allah Court Ruling

papar berkaitan - pada 12/3/2021 - jumlah : 320 hits
Stern action will be taken against those who seek to stage a protest against a High Court ruling on the Allah issue warned Inspector General of Police Abdul Hamid Bador He stressed that the court s decision must be respected If we do not re...
Appeal Filed Against Allah Court Ruling

Appeal Filed Against Allah Court Ruling

papar berkaitan - pada 16/3/2021 - jumlah : 292 hits
The legal battle over the Allah issue has now moved to the Court of Appeal This follows an appeal by the home minister and the government against a High Court ruling that the word Allah can be used by non Muslims in Malaysia When contacted ...
Johor S Sultan Ibrahim Backs Putrajaya Appeal Against High Court Ruling On Allah Use

Johor S Sultan Ibrahim Backs Putrajaya Appeal Against High Court Ruling On Allah Use

papar berkaitan - pada 18/3/2021 - jumlah : 246 hits
Sultan Ibrahim said he is sad that the issue has created controversy and claimed it has negatively affected harmony in Johor Picture courtesy of Johor Royal Press OfficeJOHOR BARU March 18 Johor Ruler Sultan Ibrahim Sultan Iskandar supports...
Fed Govt Urged Not To Appeal Against Ruling On Allah

Fed Govt Urged Not To Appeal Against Ruling On Allah

papar berkaitan - pada 13/3/2021 - jumlah : 227 hits
KOTA KINABALU United Progressive Kinabalu Organisation has urged the Federal Government not to appeal against the Kuala Lumpur High Court s groundbreaking decision to allow the use of the word Allah by non Muslims In a joint statement relea...
Allah Ruling Sabah Sarawak Lawmakers Urge Putrajaya To Withdraw Appeal

Allah Ruling Sabah Sarawak Lawmakers Urge Putrajaya To Withdraw Appeal

papar berkaitan - pada 16/3/2021 - jumlah : 297 hits
Lawmakers from both sides of the political divide in Sabah and Sarawak today urged Putrajaya to withdraw its against a High Court s ruling which allowed the use of the word Allah by non Muslims in Malaysia The move according to them will no...
Sarawak Dcm Tells Umno Pas Not To Interfere With Allah Ruling

Sarawak Dcm Tells Umno Pas Not To Interfere With Allah Ruling

papar berkaitan - pada 11/3/2021 - jumlah : 270 hits
Sarawak Deputy Chief Minister James Masing chastised Umno and PAS over their call for the government to appeal a court ruling on the use of the word Allah This is after the that a Sarawakian Christian had the right to use the word Allah for...
Anyone Can Appeal Against High Court S Decision On Allah Issue Says Takiyuddin

Anyone Can Appeal Against High Court S Decision On Allah Issue Says Takiyuddin

papar berkaitan - pada 21/3/2021 - jumlah : 367 hits
Minister in the Prime Minister s Department Datuk Seri Takiyuddin Hassan said even the government could appeal in the decision but as with any court appeal it would need to go through due process of the law NSTP SHARIFAH MAHSINAH ABDULLAHKO...
Flexibility In Business Operations

Kempen Hartanah Bumiputera Khas Untuk Pembeli Bumiputera Mendapatkan Rumah Dengan Tawaran Giler Menarik

Umno Youth To Protest Extra Hours For Civil Servants Working Shifts

The Difference In The Concept Of Illicit Relationship Between Muslims And Non Muslims

Pensyarah Didakwa Hina Nabi Jawi Turut Buka Siasatan

Biodata Hael Husaini 2 Kali Juara Ajl Dan Perjalanan Dalam Industri Seni

Murid Buktikan Pada Guru Lembu Makan Martabak

Pas Langkaui Retorik Dap Isytihar Pas Muuh Utama


echo '';
Senarai Lagu Tugasan Konsert Minggu 1 Gegar Vaganza 2024 Musim 11

Info Dan Sinopsis Drama Berepisod Dhia Kasyrani Slot Akasia TV3

Biodata Terkini Reshmonu Peserta Gegar Vaganza 2024 Musim 11 GV11 Penyanyi Lagu Hey Waley

Gegar Vaganza 2024 GV 11 Hadiah Tiket Peserta Juri Format Pemarkahan Dan Segala Info Tonton Live Di Astro Ria Dan Sooka

6 Janji Donald Trump Kalau Dia Naik Jadi Presiden Semula


Wanita Bersalin Semasa Buang Air Besar

Jangan Risau Jika Tak Terkenal

Company Director Scammed Of Over Rm1mil By Inspector Harun

Bila Pn Buat Pusingan U

Let S Not Return To The Old Ways Of Tight Media Control

Bank Islam Berwajah Baru Melalui Aplikasi Dan Web