Perkembangan Terkini Kes kalimah Allah Mahkamah Rayuan, Putrajaya

Azril Mohd Amin - Pada hari ini, 23.5.2013, panel tiga hakim Mahkamah Rayuan diketuai YA Dato’ Seri Abu Samah Nordin, bersidang bersama YA Dato’ Balia Yusof Haji Wahi dan YA Dato’ Rohana Yusuf, di Istana Kehakiman, Putrajaya telah mengesahkan perintah persetujuan terhadap permohonan perayu-perayu yang terdiri daripada enam Majlis-majlis Agama Islam Negeri dan Persatuan Cina Muslim Malaysia, (MACMA), yang merayu terhadap keputusan Mahkamah Tinggi Kuala Lumpur pada 31.12.2009 yang menolak permohonan perayu untuk menjadi pencelah (intervener) di dalam kes ini.

Mahkamah telah, di antara lain, memerintahkan bahawa: i) Rayuan perayu dibenarkan; ii) Perintah Mahkamah Tinggi bertarikh 31.12.2009 yang menolak permohonan perayu di bawah Aturan 53 Kaedah 8 (1) Kaedah-Kaedah Mahkamah Tinggi 1980 diketepikan; iii) Perayu hendaklah disifatkan telah menjadi pihak kepada prosiding semakan kehakiman di Mahkamah Tinggi sebagai responden di bawah Aturan 53 Kaedah 8 (1) Kaedah-Kaedah Mahkamah Tinggi 1980 dan dibenarkan untuk didengar sebagai penentang dan dalam hal ini perayu telahpun didengar sedemikian di hadapan Mahkamah Tinggi; dan v) Tiada perintah mengenai kos serta deposit dikembalikan.

Perintah persetujuan ini pada hakikatnya menjadikan Majlis-majlis Agama Islam Negeri & MACMA sebagai pihak-pihak di dalam kes ini dan dibenarkan mengemukakan hujahan masing-masing di dalam rayuan utama terhadap permohonan semakan kehakiman (judicial review) kes tersebut.

Sebelum ini, rayuan kerajaan Malaysia dan Kementerian Dalam Negeri (KDN) berhubung perintah Mahkamah Tinggi membenarkan penggunaan kalimah ‘Allah’ dalam majalah itu ditetapkan untuk satu lagi pengurusan kes pada 30.05.2013.

8 Responses to “Perkembangan Terkini Kes kalimah Allah Mahkamah Rayuan, Putrajaya”

  1. Angela

    May 23. 2013

    This is Malaysia and the Arabic script or Jawi is used traditionally in Muslim society. The anti-Islam group in the Opposition have opposed the use of the Jawi script for roads in Malaysia. In Brunei, it is compulsory that all sign boards have Jawi script. But for Christians in Malaysia, the practice of using Arabic or Jawi is OUT OF PLACE! They insist on the Jawi for a different reason – only to provoke the Muslims.

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    • Angela

      May 24. 2013

      And to add: many Christians in the world say that “Allah” refers to the Devil or Shaytan, and in addition, it also refers to the Moon God. Such a derogatory notion on this word is becoming very common among many Christians today. But in Malaysia, Christians are willing to go to the highest Court of Law to steal this name from the Muslims. Religion is about Truth, and we don’t take matters to court on matters concerning the Truth. Perhaps Christians should reflect what really happened during the Inquisition where tens of millions of innocent lives perished in the name of religion. Although Christians may win the case in court on technical grounds, this does not mean that they have the Truth. They may win many converts by using deceit including by using the stolen name when converting Muslims.

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      • VoiceofReason

        May 24. 2013

        You are right to say ‘Although Christians may win the case in court on technical grounds, this does not mean that they have the Truth’. But that’s the facts of life. We are all subjected to 2 laws. One, the laws of Man and the other, the laws of Allah. While you may escape the Laws of Man, you definitely cannot escape the laws of Allah. Instead of focusing too much on what the Christians are up to, Muslims today need to strengthen their understandings of the Holy Quran and thus in turn strengthening their iman. This is the only way Muslims can be strong and counter any anti-Islam groups’ attempts to weaken the Muslims’ faiths.

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    • VoiceofReason

      May 24. 2013

      We should not say that any groups opposing the use of Jawi scripts for our roads’ names are anti-Islam or out of place. I think the discussion of using Jawi or not for our roads is more of practicality than religious or race-related. Majority of the people in Malaysia, including the Malays, do not read Jawi. Most Malaysians, if not all, read Romanized texts as our Education systems focus more on Romanized texts rather than Jawi, with the exception of Islamic schools. So, its more practical to have Bahasa Romanized texts instead of Jawi texts for our roads. Lets move away from labelling every issues as Oppositions or ruling Governments issues, Muslims or Christians’ provocations. For us to truly be 1Malaysia, all issues should be based on the truth (irrespective if its from the Oppositions or the ruling Government) and the practicality of the solutions presented.

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      • Angela

        May 24. 2013

        We are dealing with what is really happening and the real issues, and not the ideals. The issues are real, it is very true that some people in the Opposition had raised the issue of Jawi. And the Christians are bringing the matter to court on the subject of the Allah name. May be people have forgotten history, and they think that history is not important and it should be swept under the carpet. Where is the voice of reason here? Romanized scrip came much later, so the original script used here in the Tanah Melayu then was Jawi, or Arabic. We cannot say of solutions when the Opposition and their allies only create issues and the problems. But the matter is court case, not the BN issue. The problem would not have arised if people do not raise the issues in the first place. So what would be the solutions? 1) Please Mr Reverend, don’t make matters worse – that’s the solution, and that’s 1Malaysia solution. This is the practicality of the solution. Respect the Law for the good of everyone. Can you? The first statement : “We should not say that any groups opposing the use of Jawi scripts for our roads’ names are anti-Islam or out of place” is very contradictory indeed because the use of Jawi is due to Islamic influence, and the demands by Christians to use the Allah name and to have the Jawi/Arabic script on their Holy Book, in the Malaysian context, is in fact very out of place.

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        • VoiceofReason

          May 25. 2013

          When you said the use of Jawi is due to Islamic influence, then you are confused between Arabic texts and Islam. Jawi is a just another form of text with origins from the Arabic texts. The Jawi texts do not make the writings more Islamic. The fact that the Holy Quran is in Arabic does not make any other texts in Arabic texts or Jawi has Islamic influence. Its not the text that make it Islamic, it’s the contents. A pornography novel in Arabic or Jawi does NOT mean the novel has an Islamic influence. As I said before the reason why our roads’ names are mostly in romanized bahasa texts and not Jawi texts is due to practicality (of the day) and not due to race or religious reasons. This should not be translated as identity cleansing as the Constitutions clearly stated that Islam is the main religion and Bahasa is the first language of this country. Our roads are indeed mostly in bahasa. Yes, our roads are not in Bahasa jawi texts, they are in Bahasa romanized texts, but they are in Bahasa. So, is that removing our identities one by one as En. Munir comented? I am not against Jawi texts but if we want jawi texts to be the dominant texts because you feel that will make Malaysia more Islamic, then our education systems need to be changed and Jawi need to be phase-in from standard 1 or even pre-school levels and should cover all students irrespective of their faiths and race.
          As to Angela’s comment ‘the demands by Christians to use the Allah name and to have the Jawi/Arabic script on their Holy Book, in the Malaysian contexts, is in fact very out of place’, well again, its not about what the Christians’ demands are, its what our Laws and Allah’s Laws said about these demands. If Allah’s Laws specifically stated that the word ‘Allah’ is exclusively for the Muslims, then there’s nothing more to discuss as the use of the word ‘Allah’ by non-Muslims is clearly forbidden. Question is – is there such a verse in the Holy Quran that clearly say so? Do our own Laws or Constitutions have a clause that clearly stated the word ‘Allah’ is exclusively for the Muslims ? If none, then you can expect no end to the issue of the word ‘Allah’.
          As a practising Muslim, I have strong faith in Allah and the Holy Quran, and if I read the Bible or any Christian books (which I have) and find the words ‘Allah Yesus’, my iman will reject it immediately as my Allah is One, the Eternal Refuge, He neither begets nor is born, nor is there to Him any equivalent (ie. He is beyond comparison).

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      • munir

        May 24. 2013

        if we start taking out our identity one by one just because we don’t use it. we’ll end as no body. only cheap fake figures trying to be like characters on TV. We remove ‘Jawi’ because not many of us know how to read it. Next, we shud remove bahasa melayu because most people prefer to use english. most who are using english are educated people who run corporations as well as government. businesses are known to control politicians. then we remove halal certification requirements because many muslim simply do not care about halal food as can be seen at foodcourts in shopping complex and most fancy restaurants. If we cud count the news and deduce from harian metro and tv, Islam is not very important to msian too because true muslim wudn’t do all those crime or get involved with social problem. I guess Malaysia shud remove Islam too. in next 25 years maybe… so, do we still just wait and see or rise and take action! Fix the cause of problems not the consequences. We need to heal our nation!

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  2. Ahmad Zain Besah

    May 23. 2013

    Semoga Allah SWT terus menyatukan hati-hati seluruh umat Islam untuk memperjuangkan kes ini sehingga berjaya.

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