Interesting syariah cases
Highest sentence under the Syariah Court so far
Selangor, Oct 21, 2009: The Shah Alam Syariah High Court sentenced Abdul Kahar Ahmad to a total of 10 years jail, RM16,500 in fines and six strokes of the rotan for five offences: Proclaiming himself a prophet Rasul Melayu, spreading false doctrine, mocking Islam, showing contempt towards religious authorities and disobeying the orders of a mufti, and false claim.
He was released last May after serving seven years and repenting. He apologised to the Sultan of Selangor and Muslims hurt by his deviant teachings.
Ex-mufti charged under the syariah law
Terengganu, Oct 27, 2013: Terengganu mufti Datuk Ismail Yahya sent a letter to the state secretary on Oct 29, 2012, expressing concerns over restructuring the Terengganu Islamic and Malay Customs Council and asking for the matter to be referred to legal counsel.
He was removed as the mufti and charged the following year under Section 10 of the Terengganu Syariah Criminal Offences (Takzir) Enactment 2001 for insulting the council and questioning the Sultan’s instruction, which carries a maximum two-year jail sentence and RM3,000 fine.
On Sept 1, 2016, the Syariah High Court discharged and acquitted Ismail, who was a former Chief Syariah Court Judge.
Non-Muslim charged with khalwat (close proximity)
Penang, Feb 28, 2012: The Penang Syariah Court sentenced Halimah, a non-Muslim Indonesian woman, to 14 days jail for khalwat with a non-Muslim man at a spa, but it granted a stay of execution. At that time, she was unrepresented.
On Sept 9, 2013, the Syariah High Court dismissed her appeal and upheld her sentence. Two years after she was convicted, on Aug 24, 2014, the Penang Syariah Court dropped the case.
Unusual situation of a case being heard in both Syariah and Civil Courts
Federal Territories, June 19, 2012: On May 23, 2012, six days before the Home Ministry banned Irshad Manja’s book Allah, Liberty And Love, the Federal Territories Islamic Department (Jawi) raided the Borders bookstore and confiscated copies of the book.
On May 30, 2012, Jawi arrested Borders manager Nik Raina Nik Abdul Aziz, and on June 19, 2012, charged her under Section 13(1) of the Syariah Criminal Offence (Federal Territories) Act 1997 for selling a banned book.
A day before she was charged (on June 18), two Borders employees – one of them being Nik Raina – and the bookstore chain’s owner Berjaya Books filed a judicial review at the Kuala Lumpur High Court against Jawi and the Home Minister, and the minister in charge of Islamic affairs.
The case and appeal process went on in the Syariah and Civil Courts over a threeyear period.
In the Civil Court, both the High Court and Court of Appeal ruled in Nik Raina’s favour, saying the Jawi raid was “procedurally improper” and Nik Raina’s prosecution was “unreasonable and irrational” and asked Jawi to withdraw its charges in the Syariah Court.
When the Syariah High Court delivered a verdict of discharge not amounting to acquittal, the Chief Syariah Prosecutor appealed against the decision to discharge Nik Raina.
Jawi also filed an application in the Federal Court on Jan 28, 2015, asking for leave to appeal against the Court of Appeal’s decision in favour of Nik Raina.
Jawi wanted to know if the Civil Courts could review the prosecution of criminal offences against the precepts of Islam or Islamic law; whether religious enforcement can be used against a corporation when a Syariah offence has been committed; and if actions of the Islamic authorities leading to prosecution can be questioned by the Civil Court.
On Aug 25, 2015, the Federal Court denied Jawi permission to appeal the Court of Appeal’s decision, thereby ending Nik Raina’s three-year legal battle.