'Syariah Criminal Enactment provision constitutional'
BernamaPublished: May 30, 2012 8:07 PM | Updated: May 30, 2012 8:10 PM
The Federal Court in Putrajaya has ruled as valid and constitutional, Section 53 (1) of the Negri Sembilan Syariah Criminal Enactment 1992, which makes it an offence for a Muslim without accreditation to teach Islam.
The Federal Court in Putrajaya has ruled as valid and constitutional, Section 53 (1) of the Negri Sembilan Syariah Criminal Enactment 1992, which makes it an offence for a Muslim without accreditation to teach Islam.
Chief Justice Arifin Zakaria, chairing a five-member panel, said today that the Negri Sembilan state legislative assembly had acted within its legislative power in enacting that section.
The panel, also comprising Chief Judge of Malaya Zulkefli Ahmad Makinudin and Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Hasan Lah, also held that the Syariah Courts in Negri Sembilan were conferred with the jurisdiction to try such an offence.
“We are of the view that it is necessary in this day and age, for the authorities to regulate the teachings or preachings of the religion in order to control, if not eliminate deviant teachings. The integrity of the religion needs to be safeguarded at all costs. That is what section 53 of the Enactment purports to do.
“Article 128 (1) (a) of the federal constitution confers upon the Federal Court the exclusive power to determine the issue or matter in the exercise of its original jurisdiction. Perhaps, I need to mention here that the decision of this court on the issue is therefore, binding on all courts in the country, including the syariah courts,” he said.
The decision was delivered by the panel when dismissing a petition brought by two men, including Fathul Bari Mat Jahya, who is the son of former Perlis mufti Mat Jahya Hussin, who was challenging the constitutionality of Section 53 (1) under which they were prosecuted.
Fathul Bari, 32, a Muslim counsellor at the Patient Counselling Division of the National Heart Institute, was charged in the Negri Sembilan Syariah Lower Court for allegedly teaching the religion without accreditation. If found guilty of the offence, he would face a fine not exceeding RM3,000 or jail not exceeding two years, or both.
Meanwhile, architect Nik Amirul Faiz, 27, was charged with abetting Fathul Bari.
The duo were granted leave by the Federal Court on July 5, 2010 to file the petition to challenge the constitutionality of Section 53 (1) which they contended that the Negri Sembilan state legislature exceeded its legislative authority in enacting that section.
They named the Negri Sembilan Islamic Religious Council, the state government and the government of Malaysia as respondents in the petition.
Fathul Bari and Nik Amirul contended that Section 53 (1) was invalid because the state legislature was conferred with power to make laws only with respect to the creation and punishment of offences by persons professing the religion of Islam, against the precepts of that religion but maintained that the teaching of Islam without accreditation was not an offence against the said precepts.
‘Clear authority premised on the Hadith’
In a 22-page judgment delivered today, the chief justice said there was a clear authority premised on the Hadith of the Holy Prophet concerning the sending of the Prophet’s emissary Muaz bin Jabal to preach Islam in Yemen, that some sort of verification was necessary before a preacher was allowed to teach the religion to others.
Arifin said: “In any event, all the experts share the common view that the teaching of Islam needs to be regulated to prevent deviant teachings.”
Both parties in the petition have filed their respective expert opinions in Islamic affairs, by way of affidavits.
“How else can the authority do this without first verifying whether a preacher is sufficiently qualified to teach or preach the religion? This must be done before the preacher goes around preaching, and not after. As we see it, the requirement of tauliah (accreditation) is just a mechanism to achieve this purpose,” said Arifin.
Fathul Bari, Nik Amirul and two other followers, Abdullah Sanusi Othman, 42, and Khairudin Daud, 57, were detained at a Maulidur Rasul (Prophet Muhammad’s birthday) function in Kuala Pilah on Feb 28, 2010 where Fathul Bari was alleged to have delivered a religious talk.
Abdullah Sanusi and Khairudin were charged with abetment.
The hearing of the petition was heard by the panel on Jan 30, this year, which had reserved judgment.
- Bernama
Chief Justice Arifin Zakaria, chairing a five-member panel, said today that the Negri Sembilan state legislative assembly had acted within its legislative power in enacting that section.
The panel, also comprising Chief Judge of Malaya Zulkefli Ahmad Makinudin and Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Hasan Lah, also held that the Syariah Courts in Negri Sembilan were conferred with the jurisdiction to try such an offence.
“We are of the view that it is necessary in this day and age, for the authorities to regulate the teachings or preachings of the religion in order to control, if not eliminate deviant teachings. The integrity of the religion needs to be safeguarded at all costs. That is what section 53 of the Enactment purports to do.
“Article 128 (1) (a) of the federal constitution confers upon the Federal Court the exclusive power to determine the issue or matter in the exercise of its original jurisdiction. Perhaps, I need to mention here that the decision of this court on the issue is therefore, binding on all courts in the country, including the syariah courts,” he said.
The decision was delivered by the panel when dismissing a petition brought by two men, including Fathul Bari Mat Jahya, who is the son of former Perlis mufti Mat Jahya Hussin, who was challenging the constitutionality of Section 53 (1) under which they were prosecuted.
Fathul Bari, 32, a Muslim counsellor at the Patient Counselling Division of the National Heart Institute, was charged in the Negri Sembilan Syariah Lower Court for allegedly teaching the religion without accreditation. If found guilty of the offence, he would face a fine not exceeding RM3,000 or jail not exceeding two years, or both.
Meanwhile, architect Nik Amirul Faiz, 27, was charged with abetting Fathul Bari.
The duo were granted leave by the Federal Court on July 5, 2010 to file the petition to challenge the constitutionality of Section 53 (1) which they contended that the Negri Sembilan state legislature exceeded its legislative authority in enacting that section.
They named the Negri Sembilan Islamic Religious Council, the state government and the government of Malaysia as respondents in the petition.
Fathul Bari and Nik Amirul contended that Section 53 (1) was invalid because the state legislature was conferred with power to make laws only with respect to the creation and punishment of offences by persons professing the religion of Islam, against the precepts of that religion but maintained that the teaching of Islam without accreditation was not an offence against the said precepts.
‘Clear authority premised on the Hadith’
In a 22-page judgment delivered today, the chief justice said there was a clear authority premised on the Hadith of the Holy Prophet concerning the sending of the Prophet’s emissary Muaz bin Jabal to preach Islam in Yemen, that some sort of verification was necessary before a preacher was allowed to teach the religion to others.
Arifin said: “In any event, all the experts share the common view that the teaching of Islam needs to be regulated to prevent deviant teachings.”
Both parties in the petition have filed their respective expert opinions in Islamic affairs, by way of affidavits.
“How else can the authority do this without first verifying whether a preacher is sufficiently qualified to teach or preach the religion? This must be done before the preacher goes around preaching, and not after. As we see it, the requirement of tauliah (accreditation) is just a mechanism to achieve this purpose,” said Arifin.
Fathul Bari, Nik Amirul and two other followers, Abdullah Sanusi Othman, 42, and Khairudin Daud, 57, were detained at a Maulidur Rasul (Prophet Muhammad’s birthday) function in Kuala Pilah on Feb 28, 2010 where Fathul Bari was alleged to have delivered a religious talk.
Abdullah Sanusi and Khairudin were charged with abetment.
The hearing of the petition was heard by the panel on Jan 30, this year, which had reserved judgment.
- Bernama
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