JAWI oppressive, illegal & kiasu?

MM Online on JAWI's arrogant reenactment of the Nik Raina case (extracts):

KUALA LUMPUR, Feb 17 — The Federal Territories Islamic Religious Department’s (JAWI) forceful and humiliating arrest of a married couple for the Islamic offence of khalwat or close proximity could befall anyone, their lawyer Yusfarizal Yussoff said today.

He added that the Muslim husband-and-wife were pursuing justice against their wrongful detention through the courts to prevent a repeat of the Islamic authority’s power abuse, especially after they showed proof of their marriage.

The lawyer explained that his clients, Mohd Ridhuan Giman and Siti Sarah Maulad Abdullah showed JAWI enforcers a picture of their marriage certificate when their budget hotel room was raided last month and presented the original later the same day.

“What is most disappointing to me personally is when the original copy of the marriage certificate had already been presented at JAWI’s office the same night, but [JAWI] still refused to accept it as firm evidence of the valid marriage ties,” Yusfarizal told reporters at the court complex here after filing the couple’s lawsuit.

He said it was common for married couples not to have their marriage certificates on them at all times.

“If this can happen to my clients, it can happen to anyone, so we take this (legal) action to correct abuse of powers and to seek justice,” he added.

I term JAWI's arrogant behaviour as an reenactment of the notorious and infamous Nik Raina's case to illustrate JAWI's kiasu attitude, in which the FT religious department did not want to accept it has been wrong in prosecuting innocent people like Nik Raina.

Many believed Nik Raina was relentless prosecuted and persecuted even though she was definitely innocent because JAWI could do f**kall with Borders so someone in Borders, a Muslim, had to pay for it, a frightening kiasu act of surrogate targetting that turned JAWI's prosecution of an innocent lady into an evil persecution of poor her.

The dictionary defines:

• 'prosecution' as "the institution and conducting of legal proceedings against someone in respect of a criminal charge."

• 'persecution' as "hostility and ill-treatment, especially because of race or political or religious beliefs; oppression."

In the former, 'prosecution', there has to be a criminal charge, but when there is no criminal charge possible because of the innocence of the party to be charged or has been charged, then by law and logic the prosecution fails or has to be dropped.

If the authority continues to prosecute even when it's know the party charged or to be charged is innocent, then the authority is persecuting or oppressing (usually with hostility or ill-intent).

The MM Online continues:

Yusfarizal said the lawsuit seeking for an open apology is also to clear his clients’ names, adding that it was assumed that JAWI had yet to drop investigations as it had failed to respond to two letters requesting for the probe retraction.

Mohd Ridhuan and Siti Sarah who have been married for three years sued JAWI and six others over a raid of their budget hotel room at 1.30am on January 8.

According to the couple’s court filing, the JAWI raid team comprised eight officers, seven who were male and had forcefully entered their room despite Mohd Ridhuan telling them his wife was underdressed.

Even after seeing that Siti Sarah was only dressed in a singlet and shorts — a condition which men who are not a Muslim woman’s immediate family members should not view—the officers ignored her state and took videos and photos of the couple.

The male enforcers allegedly refused to leave the room even after the husband presented photos of their wedding and their JAWI-issued marriage certificate, and instead ordered Siti Sarah to put her clothes on in front of them.

A scuffle broke out during the raid during which Mohd Ridhuan said he was strangled and suffered injuries to his neck while his wife’s left arm was bruised. Both said their injuries required medical attention.

The duo said they were held separately at JAWI’s office for an hour, and the officers refused to recognise they were a married couple despite being presented with the original marriage certificate by the husband’s mother later.

Mohd Ridhuan and Siti Sarah were only released after his mother was forced to sign a personal bond stating that the couple would return for investigation and pay RM3,000 if they failed to turn up.

The couple themselves said they were forced to sign a personal bond acknowledging their arrest for khalwat.

JAWI had also persecuted octogenarian Dr Kassim Ahmad but as usual, failed in its legal case.

In 2005, BBC reported on JAWI (as follows):

New allegations have surfaced about misconduct by Malaysia's religious police during a raid on a top Kuala Lumpur nightclub last month.

More than 100 plainclothes officers from the Federal Territories Islamic Department (JAWI) detained young Muslims at the Zouk nightclub.

Female detainees complained of sexual harassment by officers and the incident has led to a heated debate about the department's future.

Eyewitnesses have now told the BBC that officers assaulted and severely beat members of the club's staff.

The sources also said that non-Muslim patrons, including tourists, who were outside the officers' jurisdiction, also reported being threatened with violence.

"Up to 150 of them came in," one witness said. "They didn't identify themselves, they didn't show any ID cards. They just forced their way in and started pushing people around."

In the days after the raid it emerged that dozens of young women were held for up to 10 hours without access to a toilet, long after male detainees had been released.

A number of women said religious officers ordered them to pose in their nightclub outfits while others were asked lewd questions about their genitalia.

JAWI would neither confirm nor deny the allegations.
The incident prompted Malaysia's cabinet to discuss the future of the religious police.

Cabinet minister and former law minister Rais Yatim said after the meeting that he believed crime should be a matter for the police and morality for the family.

However, his colleague Abdullah Mohamed Zin, Minister for Islamic affairs, defended the officers and maintained that the raid was carried out according to procedures.