'Rasul Melayu' case: Civil court rules 2020 detention by Jais unlawful
The Selangor Islamic Religious Department (Jais) had wrongly detained a man who had publicly repented for proclaiming himself “Rasul Melayu” (Malay prophet), the civil court ruled.
The Kuala Lumpur High Court (Appellate and Special Powers) also struck down a provision in the Selangor syariah enactment empowering the state syariah court to impose bail on suspected persons.
Civil court judge Noorin Badaruddin made this ruling on April 14 this year when she partly allowed a legal challenge by Abdul Kahar Ahmad and 13 others against their arrest by the state Islamic authorities on the night of Sept 20, 2020.
Previously, Harian Metro and Berita Harian reported that Jais detained Kahar, 70, and the others at three separate locations in Selangor on that date over the allegation of a revival of the “Rasul Melayu” movement.
Harian Metro also reported that the Shah Alam Syariah Court released Kahar and three others on bail.
Back on Sept 24, 2009, before the Shah Alam High Court, Kahar pleaded guilty to five charges under the Selangor Syariah Criminal Enactment 1985 in relation to his “Rasul Melayu” deviationist teachings.
The accused, then 62, was then sentenced to 10 years imprisonment, RM16,500 fine and six strokes of the whip for spreading false doctrines on the practice of Islam.
In 2016, during a majlis istitabah (religious counselling) conducted by the Majlis Agama Islam Selangor (Mais), Kahar publicly sought forgiveness from God for previously declaring he was a prophet.
Abdul Kahar Ahmad wins the legal challenge
Judicial review
Following their release from the 2020 detention, Kahar and the 13 others filed a judicial review application at the civil court to challenge the validity of their arrest and detention, with some of them only released after 99 days in detention.
They were never charged at the syariah court for any offence linked to the September 2020 raid by Jais.
Their judicial review named Jais, its director-general, the Selangor Islamic Religious Enforcement chief officer (ketua pegawai), Shah Alam Lower Syariah Court judge Masnizar @ Mohd Nizar Mohtar, the state government, Shah Alam Lower Syariah Court judge Shanizah Ngatiman, as the first, second, third, fourth fifth and sixth respondents.
According to a copy of Noorin’s order sighted by Malaysiakini, the civil court found the first to fourth respondents had wrongly detained Kahar and the 13 others between Sept 21 and Dec 28, 2020.
The judge ruled that Section 23 of the Syariah Criminal Procedure (Selangor) Enactment 2003 was invalid for contravening the constitutional right to liberty and equality enshrined under the Federal Constitution.
Kahar and the other applicants were released on bail by the syariah court under this provision, despite them having never been charged with any offence.
However, Noorin’s ruling only required Jais and the Selangor government to pay RM10,000 in damages each to Kahar and the 13 applicants in relation to the compensation issue.
All 14 judicial review applicants have filed an appeal to the Court of Appeal over the compensation issue.
All sixth respondents have also gone to the appellate court to set aside Noorin’s judgment.
Counsel Ameerul Aizat Noor Haslan represented Kahar and the 13 applicants.
Judicial review
Following their release from the 2020 detention, Kahar and the 13 others filed a judicial review application at the civil court to challenge the validity of their arrest and detention, with some of them only released after 99 days in detention.
They were never charged at the syariah court for any offence linked to the September 2020 raid by Jais.
Their judicial review named Jais, its director-general, the Selangor Islamic Religious Enforcement chief officer (ketua pegawai), Shah Alam Lower Syariah Court judge Masnizar @ Mohd Nizar Mohtar, the state government, Shah Alam Lower Syariah Court judge Shanizah Ngatiman, as the first, second, third, fourth fifth and sixth respondents.
According to a copy of Noorin’s order sighted by Malaysiakini, the civil court found the first to fourth respondents had wrongly detained Kahar and the 13 others between Sept 21 and Dec 28, 2020.
The judge ruled that Section 23 of the Syariah Criminal Procedure (Selangor) Enactment 2003 was invalid for contravening the constitutional right to liberty and equality enshrined under the Federal Constitution.
Kahar and the other applicants were released on bail by the syariah court under this provision, despite them having never been charged with any offence.
However, Noorin’s ruling only required Jais and the Selangor government to pay RM10,000 in damages each to Kahar and the 13 applicants in relation to the compensation issue.
All 14 judicial review applicants have filed an appeal to the Court of Appeal over the compensation issue.
All sixth respondents have also gone to the appellate court to set aside Noorin’s judgment.
Counsel Ameerul Aizat Noor Haslan represented Kahar and the 13 applicants.
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