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High Court changes SIB's judicial review on rights to use the word "Allah" to originating summons

KUALA LUMPUR: The High Court has changed the status of Sidang Injil Borneo (SIB) church’s judicial review application to originating summons over its right to use “Allah” in its religious publications and practices.

Judge Datuk Hanipah Farikullah made the decision in chambers today to change the status of the case for expediency and efficiency of the disposal of the suit.

The court fixed a five-day hearing into the suit from Feb 20, 2017.

Counsel representing the Federal Territory Islamic Council (MAIWP), Mohamed Haniff Khatri Abdulla who appeared as the ‘amicus curiae’ (friend of court) told reporters after the proceedings that the court has also fixed Nov 29 for case management on the matter.

The church was represented by lawyer Lim Seng Heng while senior federal counsel Shamsul Bolhassan acted for the attorney-general’s chambers (AGC).

The Borneo Evangelical Church or SIB and its president reverend Datuk Jerry W.A Dusing @ Jerry W. Patel filed a judicial review to challenge the Customs Department’s decision to seize its religious books containing the word “Allah”, brought in from Surabaya, Indonesia, at the Low-Cost Carrier Terminal in Sepang on 15 Aug 2007.

Although the books were returned to the church on 25 Jan 2008, the church and Dusing sought the permission of the Court of Appeal to initiate a judicial review to seek a declaration that they have the constitutional right to use the Arabic word for God “Allah” in the Bahasa Malaysia and Bahasa Indonesia translations of the Christian Bible, and in all other religious publications and materials.

The Court of Appeal granted them leave to commence the judicial review on 1 Oct 2014.

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