Kassim Ahmad fights back
The case against the scholar will leave a bad impression on Muslims and Malaysia, say his lawyers in a letter to the PM
IN BAHASA MALAYSIA: Kassim Ahmad lawan balik
(Free Malaysia Today) – Controversial scholar Kassim Ahmad is seeking the withdrawal of Syariah charges against him by appealing to Prime Minister Najib Tun Razak for his intervention.
In a letter sent last Friday, Kassim’s lawyers say they fear that the case would adversely affect the dignity of the Muslim community and Malaysia’s good name.
Signed by Rosli Dahlan of Lee Hishammuddin Allen & Gledhill, the letter is also addressed to Kedah Menteri Besar Mukhriz Mahathir and de facto Islamic Affairs Minister Jamil Khir Baharom. It seeks their intervention as well.
Kassim was charged last March 27 with denigrating Islam during a seminar in Putrajaya in February by making a statement to the effect that some Muslims idolise the Prophet Muhammad and by asserting that Islam does not require women to cover their hair. He was also charged with violating a ban on expressing those views and citing two banned books that he wrote.
The charges come under the Syariah Offences (Federal Territories) Act, 1997.
Officers of the Federal Territory Islamic Department (JAWI) arrested Kassim on March 26 at his home in Kulim, Kedah, and took him by air to Kuala Lumpur. He was detained for more than 24 hours before being taken to court.
Rosli says in the letter that his firm would be forced to apply for a civil judicial review against the syariah authorities if the addressees did not give a favourable reply before June 23.
He complains that the Chief Syariah Prosecutor refused to entertain the defence’s requests for relevant documents in the preparation of Kassim’s affidavit, which was nevertheless submitted to the Syariah Court on May 27.
The letter gives a summary of the issues raised in the affidavit. Among the points raised are:
- The failure of JAWI enforcement officers to abide by applicable enactments in both the Kedah and Federal Territories Syariah laws;
- Actions by the enforcement officers that exceeded their authority;
- Conflicts between Syariah laws of the Federal Terrories and Kedah and between the Federal Territories Syariah Law and the Federal Constitution.
The letter says the issues raised in the affidavit have far-reaching implications, including the following:
- They draw the public’s attention to JAWI’s allegedly cruel treatment of an 80-year-old man. (Here the letter alleges that Kassim’s arrest, detention and interrogation were carried out harshly.)
- They draw attention to JAWI’s alleged disregard of rights guaranteed by the Federal Constitution.
- They create anxiety among Muslims with regard to the way JAWI exercises its power.
The letter also says the case against Kassim amounts to a slur on the character of Malaysian Muslims, giving the impression that they are intolerant of differences in opinion.
