PUTRAJAYA, March 5 — The Court of Appeal today rejected an application by the Federal Territory Islamic Council (MAIWP) to intervene in a Sarawakian Christian’s lawsuit to recover compact discs seized by the Home Ministry for containing the word “Allah”.

The three-man bench led by Datuk Tengku Maimun Tun Mat unanimously dismissed MAIWP’s bid to be made a party as the council used the wrong order in the Rules of Court 2012 in its attempt to join the case.

“On the argument that this is the proper method of intervention, they said they came in on a civil matter but ours is on a judicial review,” Lim Heng Seng, Jill Ireland Lawrence Bill’s lawyer, said.

Lim added that MAIWP’s legal counsel should have used Order 53, which is specifically for the judiciary review intervention instead of Order 15 that is applicable for civil suits.

Maimun added, however, that MAIWP may continue to observe the hearings and possibly be involved at the court’s discretion.

“Having said that we allow MAIWP to attend court as watching brief and may submit if invited by the court,” Maimun said.

In February, news portal The Malaysian Insider reported MAIWP wanted to be made a party to the Court of Appeal proceedings by claiming could assist the court on constitutional and Islamic matters.

Jill’s legal team today argued, however, that there are laws already in place regarding the Islamic matters, rendering MAIWP’s presence unnecessary.

Jill has been fighting to get back her CDs that were seized by immigration officials at the Sepang airport upon her return to Malaysia from Indonesia in 2008, citing her constitutional right to freedom of religion.

Annou Xavier, another of Jill’s lawyers, said the position of Islam as the religion of the federation, the supremacy of the Federal Constitution, the right to profess and practise one’s religion subject to limitations imposed, and rights to religious education, are the constitutional issues that will be raised.

The word “Allah” is used by Bumiputera Christians, largely the indigenous peoples of Sabah and Sarawak, but several states in Malaysia have banned non-Muslims from using the Arabic word for God under state laws.

The legal battle for “Allah” was spearheaded by the Catholic Church in 2009, after the Home Ministry banned it from publishing the word in the Bahasa Malaysia section of its weekly paper, Herald.

The Court of Appeal in 2013 overturned a lower court ruling that struck down the government ban and the Federal Court later dismissed the Catholic Church’s application for leave to appeal, marking the end of the Herald case.

However, the federal government has said the apex court decision is limited to the Herald and assured Christians in East Malaysia that they are still free to describe God as “Allah” in their prayers and worship as they have been doing for centuries.