Kassim Ahmad can challenge shariah prosecutor on ‘insulting Islam’ charge, court rules
The Court of Appeal today ruled that the civil court has jurisdiction to hear a judicial review filed by former social activist Dr Kassim Ahmad to challenge a shariah prosecutor’s decision to charge him with insulting Islam.
A three-man bench chaired by Datuk Balia Yusof Wahi, in allowing Kassim's (pic) appeal, said the conduct of the Federal Territories shariah chief prosecutor Ibrahim Deris and the Federal Territories Islamic Religious Department (Jawi) could be scrutinised.
Kassim's lawyer Rosli Dahlan said following today's ruling, the High Court would hear the merit of the judicial review application.
On July 14, judge Datuk Zaleha Yusof allowed the attorney-general’s preliminary objection against the review, citing that the subject matter was within the exclusive jurisdiction of the religious court.
Balia said a shariah criminal matter does not come within the meaning under the Federal Constitution.
"Shariah offence is only an offence against the precept of Islam," he said, adding that the bench was bound by a 1988 Supreme Court ruling in the case of Mamat Daud vs public prosecutor.
The bench chaired by the then Lord President Tun Salleh Abas said all offences created under state shariah enactments were for violation against precepts of Islam.
The offences include consumption of alcohol, eating and drinking in public during daytime in the fasting month, and going against a fatwa by religious authorities.
"It is not a criminal matter and therefore subject to judicial review," Balia added.
Kassim, 81, had filed a leave application for judicial review on June 26 and had named Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom, Ibrahim Deris, Jawi and the government as respondents.
He is seeking, among others, an order to strike out Ibrahim's decision on March 27 to prosecute him for allegedly insulting Islam and defying the religious authorities.
He wanted his case in the Shariah Court to be suspended, pending the decision of the judicial review.
Kassim also wanted all actions and decisions by Jawi enforcement officers who raided and seized his publication materials, as well as detaining him from Kedah to the Federal Territories, to be revoked.
He sought a declaration that the actions by the Jawi officers and the prosecution against him were ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Shariah Acts and Kedah Shariah Enactments.
Kassim also sought a declaration that the offence of violating a fatwa (edict) issued in the Federal Territories only applied to Muslims in that locality. – July 24, 2014.
