PUTRAJAYA, Malaysia - Sidang Injil Borneo (SIB) has obtained leave for judicial review seeking a declaration that it has the constitutional right to use the word "Allah" in all religious publications and practices.
Justice Rohana Yusof, who chaired a three-man Bench of the Court of Appeal, announced the unanimous decision on grounds that the SIB had crossed the threshold mark for the merit of its judicial review application to be heard.
Other judges presiding were Justices Tengku Maimon Tuan Mat and Abang Iskandar Abang Hashim.
She said the application was not frivolous and vexatious.
"The test is a mere prima facie and the appellants have passed the threshold.
Therefore, I allow this case to be remitted back to the High Court for the application to be heard on its merits," she said yesterday.
Justice Rohana later fixed Oct 16 as case management.
The appellants in the case were SIB and its Sabah president Reverend Datuk Jerry Dusing while the Home Ministry and the Government were the respondents.
On May 5 this year, High Court judge Justice Zaleha Yusof dismissed the application by SIB and Rev Jerry for leave for a judicial review.
Justice Zaleha ruled that she was bound by the Court of Appeal judgment on Oct 14 last year which held that the word Allah was not an integral part of the faith and practices of Christianity.
In their application for leave on Dec 10, 2007, SIB and Rev Jerry named the minister and the Government as respondents.
They filed the application after their religious publications, imported from Indonesia, were seized by the Customs authorities at the Low Cost Carrier Terminal in Sepang in August 2007.
The minister refused the importation of four titles of the publications.
They sought to quash the minister's decision to prohibit the importation and withhold the delivery of the Sunday School publications on grounds that he acted unconstitutionally, erred in law and acted without jurisdiction.