Asri’s constitutional right violated, says lawyer

Dr Asri (left) stands beside his lawyer Kamar Ainiah who speaks to the media, outside the courtroom. – Pictures by Jack Ooi

By Adib Zalkapli - The Malaysian Insider

SHAH ALAM, Jan 6 — Selangor religious authorities had violated Dr Asri Zainul Abidin's constitutional rights when it charged the former Perlis mufti of teaching without authorisation last year, his counsel argued in the state syariah High Court today.

Kamar Ainiah Kamaruzaman also told court that the charge brought against Asri is also against Islamic principles which compel all Muslims to propagate its teachings.

Asri is charged under section 119(1) of the Selangor Islamic Religious Administration Enactment 2003 for teaching without authorisation, which carries a jail sentence of up to two years, a fine up to RM3,000, or both upon conviction.

“Does the Selangor Assembly intend to stop Muslims from spreading the teachings of Islam?” asked Kamar, citing Article 11 of the Federal Constitution that guarantees freedom of religion.

She said Asri's right to freedom of expression, which is also guaranteed by the Federal Constitution, was also violated by the charge.

“Section 119 is inconsistent and contradicts the syariah that compels all Muslims to preach,” said Kamar.

Kamar also objected on the grounds that the charge against him was not an offence in Islam and therefore, he could not be charged in the syariah High Court because it contradicted section 61 of the Selangor Islamic Religious Administration Enactment 2003.

She was presenting the preliminary objection to the prosecution’s application for a review of the Gombak Timur syariah lower court’s decision in rejecting the case from being heard by the syariah High Court.

Former Perlis MB Datuk Seri Shahidan Kassim (right) present to provide support for the former mufti. Next to him is Shah Alam MP Khalid Samad. - Picture by Jack Ooi

The prosecution team, led by Selangor syarie chief prosecutor Abdul Shukor Abdul Hamid, told the court that interpretation of the Federal Constitution should be left to the Federal Court.

The prosecution also said that the issues raised in Asri's preliminary objection have nothing to do with the prosecution's application for a review of the lower court’s decision.

Syariah High Court judge Mohammad Adib Hussain will rule on the objection on Jan 25.

Asri had on Nov 18 last year pleaded not guilty in the Gombak Timur syariah lower court to the offence allegedly committed at a house at No. 2, Lorong 2C, Taman Sri Ukay, Ampang between 8.10pm and 9.45pm on Nov 1.