The prohibition on the use of certain terminologies in Christian publications was declared unconstitutional, reaffirming the absolute freedom of religion under the Federal Constitution, entitling the applicant to use and import religious materials.

Nor Bee Ariffin J:

GROUNDS OF JUDGMENT Introduction

[1]A directive was issued by the Ministry of Home Affairs dated 5.12.1986 (the impugned Directive) to all Christian publications regarding “Penggunaan Istillah/ Perkataan Yang digunakan Dalam Penerbitan Agama Kristian Berbahasa Malaysia”. The impugned Directive stated that 12 words “Al-Kitab”, “Firman”, “Rasul”, “Syariat”, “Iman”, “Ibadah”, “Injil”, “Wahyu”, “Nabi”, “Syukur”, “Zikir” and “Doa” are permitted to be used and “Sekiranya penerbitan tersebut berbentuk buku atau risalah yang hendak disebarkan atau dijual perkataan “UNTUK AGAMA KRISTIAN”, disyaratkan ditulis di kulit luar (muka depan) buku atau risalah tersebut.” 4 words namely “Allah”, “Kaabah”, “Baitullah” and “Solat” are prohibited.

[2]The respondent claimed that the impugned Directive was a Cabinet decision and it relate to the policy of the Government at that point of time. Public order formed the underlying basis the impugned Directive was made.

[3]As the impugned Directive has not been withdrawn, the officers of the respondents continue to exercise the power under section 9(1)Printing Presses And Publications Act 1984

[4]This judicial review application arose out of the confiscation and the detention by the respondents officers, in enforcing the impugned Directive, of the applicant’s eight Christian educational audio compact discs (the 8 CDs) belonging to her which had carried the word "Allah" in each of the 8 titles, when she landed at the Sepang Low Cost Carrier Terminal (LCCT) on 11.5.2008 from Jakarta, Indonesia. The applicant claimed that in so doing, the respondents had violated her constitutional rights under Articles 8, 10, 11 and 12 of the Federal Constitution ( FC ).

[5]On 10.3.2021, I delivered my decision on the application, indicating that it was not the full text that would be read out. The following is the full text of my reasons for the decision I have arrived at.

Background Facts

[6]The factual narrative of the applicant’s case was set out in the judgment of the Court of Appeal in Menteri Bagi Kementerian Dalam Negeri & Anor v Jill Ireland Lawrence Bill & Another Appeal reported in 2015 MarsdenLR 862 (Jill Ireland Appeal Case). The facts are now revisited to include the events that had taken place following the decision of the Appellate Court.

[7]The applicant’s case is that she is a Malaysian citizen, a native Bumiputra Christian from the Melanau tribe of Sarawak. She has been schooled in the National Education System using Bahasa Malaysia as the medium of instruction. The applicant and her family have been using Bahasa Malaysia as their faith language in worship, prayers, intercession and in receiving religious instructions. They also use the Al- Kitab in Bahasa Indonesia and rely upon Bahasa Indonesia written and audio-visual materials in the practice of their Christian faith.

[8]The 8 CDs which she had brought along with her when she landed at LCCT are entitled –

(a)Cara Menggunakan Kunci Kerajaan Allah;

(b)Cara Hidup Dalam Kerajaan Allah;

(c)Ibadah Yang Benar Dalam Kerajaan Allah;

(d)Metode Pemuridan Kerajaan Allah;

(e)Pribadi Yang Bertumbuh Dalam Kerajaan Allah;

(f)Hidup Benar Dalam Kerajaan Allah;

(g)Pemerintahan Kerajaan Allah Dalam Hidup Kita; and

(h)Rahasia Kerajaan Allah.

[9]The 8 CDs according to the applicant were for her personal religious edification.

[10]At the LCCT, a custom officer detained the 8 CDs on account that they had carried the word "Allah" in each of the 8 titles.

[11]On the same day, i.e. on 11.5.2008, the applicant was served with a Notice of Goods Detention (No