High Court throws out Muslim scholar’s suit, says can’t rule on Shariah matter

By admin-s Last updated Jul 14, 2014

(Malay Mail Online) – Muslim intellectual Kassim Ahmad, accused of insulting Islam and defying religious authorities, lost his bid for a judicial review at the High Court today after the civil court ruled the matter to be under the jurisdiction of the Shariah Court.

Justice Datuk Zaleha Yusof, in dismissing the former social activist’s application, ruled in chambers the case could only be adjudged in the Islamic courts.

“The judge ruled that the subject matter was within the exclusive jurisdiction of the Shariah Court,” Senior Federal Counsel Suzana Atan told journalists outside the courtroom.

Malaysia has two legal systems, with the civil courts that apply universally and the Shariah system that only applies to and recognises Muslims.

Kassim, 81, was charged at the Shariah High Court in Putrajaya last March for allegedly insulting Islam and defying religious authorities at a seminar that was officiated by former prime minister Tun Dr Mahathir Mohamad a month earlier.

The scholar was alleged to have questioned the use of “hadith” (a collection of sayings and deeds attributed to the Prophet Muhammad) to interpret the Quran, as well as the headscarf commonly worn by Muslim women as he allegedly said that hair was not part of the “aurat” that must be covered up.

Kassim’s defence counsel, Rosli Dahlan, said today that the judge was adamant that she was bound by a recent Federal Court ruling that disallowed any intervention by the civil courts in Shariah matters.

“Now we have to move on and appeal, in order to say that the jurisdiction of the civil courts cannot be ousted just because there are Islamic elements in a case,” he said, adding that they will file their appeal with the Court of Appeal and seek a stay order today, as Kassim is scheduled to go before the Shariah High Court this Thursday.

Last March, Kassim claimed trial after he was charged for the two offences under Section 7(b) and Section 9 of the Shariah Criminal Offences (Federal Territories) Act 1997, each carrying a maximum fine of RM3,000 or up to two years jail, or both.