Kassim Ahmad’s arrest in Kedah illegal, High Court told

Activist Dr Kassim Ahmad, 80, upset many Muslims with his questions on the hijab and hadith. – The Malaysian Insider file pic, November 18, 2014. 

The High Court today heard that the Federal Territory Islamic Department (Jawi) enforcement officers exceeded their jurisdiction when they searched and arrested activist Dr Kassim Ahmad, 80, at his home in Kulim, Kedah for allegedly insulting Islam and defying religious authorities.

Lawyer Rosli Dahlan said even if Kedah Islamic Religious Department officers had accompanied the Jawi officers to Kassim's home, that that did not legalise the cross-border action.

"Jawi's action was illegal as it acted beyond its jurisdiction and power which is limited to the Federal Territory," he said in his submission in a judicial review application.

He said the Shariah criminal law his client was subjected to applied only to Muslims residing in the Federal Territory of Kuala Lumpur, Putrajaya and Labuan.

Rosli said Jawi officers also breached the law when they moved Kassim to Penang and Selangor. He told High Court judge Datuk Asmabi Mohamad today that Kassim's warrant of arrest was issued by the Putrajaya Shariah lower court and this was also in breach of the Federal Territory Shariah Criminal Procedure Code and Kedah Shariah Enactments.

He said Jawi officers also breached the law when they passed through Penang and Selangor territories after arresting Kassim at his home.

"My client was brought to the Kulim district police headquarters. He was then transported to the Penang Airport before being flown to the then Low-Cost Carrier Terminal in Sepang which is in Selangor.

"He was taken to Jawi's office in Kuala Lumpur before being charged in Putrajaya.”

Rosli said Kassim was initially charged in a Shariah lower court, which had no jurisdiction to hear the case at the judge's power to punish an offender was limited to a fine not exceeding RM2,000 and imprisonment not exceeding one year.

However, Kassim 's alleged offence for showing contempt to religious authorities provided a fine of up to RM3,000 or a jail term not exceeding two years or both.

“Kassim should have been produced before a Shariah High Court judge who has the power to try the case and impose sentence," he added.

Rosli said the Federal Territory chief Shariah prosecutor had also acted illegally when he induced the Shariah lower court to impose bail conditions which were beyond the jurisdiction of the court.

"The bail bond conditions were oppressive, excessive and unreasonable.”

The Shariah lower court imposed a bail of RM6,000 on Kassim for two charges when the court's jurisdiction over punishment of fine was only limited to RM2,000.

On June 26, Kassim filed leave application for judicial review and named Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom, the chief Sharie prosecutor, Jawi and the government as respondents.

He is seeking, among others, an order to strike out the chief prosecutor's decision on March 27 to prosecute him for allegedly insulting Islam and defying the religious authorities.

He wanted his case in the Shariah Court to be suspended, pending the decision of the judicial review.

In March, Kassim was first charged in Shariah lower court in Putrajaya with insulting Islam and defying religious authorities at a seminar in February that was opened by former prime minister Tun Dr Mahathir Mohamad.

However, the prosecution later produced him in the Shariah High Court.

Kassim had pleaded not guilty to both charges.

It was previously reported that Kassim was being investigated for remarks he had made at the seminar entitled "The thoughts of Kassim Ahmad: a review", which was organised by the Perdana Leadership Foundation, of which Dr Mahathir is the patron.

Kassim had apparently accused some ulama (religious scholars) in Malaysia of imitating the "priesthood caste" system.

He riled up Muslims on both sides of the divide when he questioned the use of hadith to interpret the Quran, and described the Prophet as "just a messenger of Allah".

In his lecture titled "The nation's direction in the next 30 years", Kassim also questioned the hijab (Islamic headscarf) worn by Muslim women, saying that "the hair is not part of the aurat" (parts of the body which need to be covered according to Islamic teachings).

- TMI