A follower of self-styled spiritual leader Ayah Pin, who is currently facing trial on two charges under the Terengganu Criminal Offences (Takzir) Enactment 2001, is challenging the state's syariah law-making powers.

Sulaiman Takrib of Kampung Batu 13, Hulu Besut, is seeking a declaration on the validity of the charges against him under sections 10 and 14 of the enactment, and section 51 of the related administrative procedure.

He filed an application for leave at the Federal Court in Putrajaya Tuesday afternoon through his lawyers.

The challenge of the state's legislative competence in creating the two offence is pursuant to Article 4(4) of the Federal Constitution, with the Terengganu government as the sole respondent.

Sulaiman claimed trial to charges of allegedly insulting the state religious authorities by violating a fatwa (decree) and being in possession of VCDs said to insult Islam under section 10 and 14(b) respectively.

When contacted, lead counsel Haris Mohamed Ibrahim contended that the state legislature was incompetent to create syariah offences pursuant to state fatwa committee rulings.

Law-making body

In addition, he said, section 51 of the Terengganu Syariah Administrative Enactment 2001 had the effect of turning the fatwa committee into a law-making body when read together with section 10.

According to him, section 51 provides that a fatwa is binding on all Muslims once it is gazetted.

"The net effect (of this) is that the state fatwa committee has made law, something which is not envisaged under the constitution."

Case re-mention and trial dates involving separate groups of followers of Ayah Pin, whose real name is Ariffin Mohammad, are staggered throughout November and December.

Two others facing the same charges as Sulaiman are Ayah Pin's fourth wife Nik Kamariah Nik Pa and Wan Noriah Wan Ali. The case is up for re-mention on Dec 6.

Both sections 10 and 14 carry a penalty of a maximum RM3,000 fine or two years imprisonment, or both.

Only one follower has pleaded guilty to a charge under section 10.

In a related development, the Kuala Terengganu syariah high court today fixed Dec 18, 19 and 20 to hear the case of a group of 45 followers charged under section 10.

The group of 23 women and 22 men was initially unrepresented but four of them have since found a syariah lawyer.

The lawyer, Wan Mohd Haidi Wan Jusoh could not be reached for immediate comment.