Kassim Ahmad can challenge shariah prosecutor on ‘insulting Islam’ charge, court rules
(The Malaysian Insider) – 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.
