Differing views on Jais’ authority to raid

While one legal expert says it is not empowered to conduct a search with or without a warrant, another says anyone can be arrested when it is an offence under the 1988 enactment.

PETALING JAYA: Legal experts were mixed in their opinions on whether the Selangor Islamic Religious Council (Jais) had the right to conduct a raid against the Bible Society of Malaysia.

Bar Council Constitutional Law Committee chairman Firdaus Husni said the Selangor’s administration of the religion of Islam only applies to offences committed by Muslims.

“In fact, the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988 does not at all empower Jais to conduct a search with or without warrant.

“Unless expressly provided, we should not read more than what is provided under the enactment,” she told FMT.

Jais yesterday raided the Bible Society and confiscated 16 boxes containing 320 Malay Bibles (Al-Kitab) and Iban language Bibles (Bup Kudus) which were largely purchased from Indonesia Subsequently Bible Society president Lee Min Choon, general-secretary Simon Wong and office manager Sinclair Wong were taken to the Damansara Utama police station to have statements recorded.

Lee claimed that Jais officials were harsh and had conducted the raid without a warrant.

Constitutional law expert Syahredzan Johan, on the other hand, cited Section 11 of the 1988 Enactment, where offences under the enactment were classified as seizable offences.

“As such, a person connected with the commission of such an offence may be arrested without a warrant,” said Syahredzan.

‘It’s a criminal act’

When asked on the position of a person who did not breach the enactment, he said: “Jais will just argue that there is reasonable suspicion to justify the arrest.”

Meanwhile, Lawyers for Liberty (LFL) adviser Latheefa Koya said Jais did not even have the right to get a warrant in the first place.

“It’s impossible for them to get a warrant. On what basis will they get a warrant? The only way is when they are looking for a Muslim who has breached the enactment.

“As far as we are concerned, it was a criminal act. The Bible Society should lodge a police report and Jais should be pressed for charges,” said Latheefa.

She stressed that such incidents have to be put to a halt since they will only create more tension between religions.

“The raid is a manifestation of a bigger problem. I think it was part of a sinister agenda in the making,” she said.

She also called on the Selangor state government to define the power it wields over Jais.

“There is confusion if Jais falls under the jurisdiction of the federal or state government. Although it is technically under the Selangor government, it does not come under its directive,” she said.

Selangor exco Sallehan Mukhyi who holds the religious affairs portfolio told The Malay Mail Online that he was not informed of the raid and could not confirm if it was ordered by the Sultan or otherwise.