Malaysia
Khalid Samad faces disqualification after RM2,900 fine
Khalid Samad speaks to members of the press after being fined RM2,900 by the Klang Lower Shariah Court for teaching Islam without credentials, January 19, 2017. u00e2u20acu201d Picture by Saw Siow Feng

KUALA LUMPUR, Jan 19 — Opposition lawmaker Khalid Samad may be stripped as a member of Parliament after the Klang Lower Shariah Court fined him RM2,900 today for teaching Islam without credentials over a talk he gave at a surau in Kapar in 2011.

Under Article 48 of the Federal Constitution, lawmakers are automatically disqualified from holding office if they are convicted of an offence and fined not less than RM2,000 or sentenced to not less than a year in prison.

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The Parti Amanah Negara strategic communications director paid the fine but said he will be filing an appeal against the decision tomorrow.

"We have in this case, argued that what I did was not teach Islam. If we greet assalamualaikum and say this is the Muslim practice of greeting, that is not teaching Islam, but according to the court’s definition, anything is related to Islamic teaching.

"And in the judge’s judgment, it was as if my action in talking about Gaza in the surau in Sementa has brought about a great catastrophe to the people, community and the country.

"So this is the question which I feel is not accurate and not right, because I feel I have done no wrong, but [did] what was thrusted upon me. So it is now up to the question of [the] definition of teaching of Islam which must be defined more clearly and transparently so laws like this cannot be abused,” he later told reporters outside the courtroom.

Khalid was said to have violated Section 119 (1) of the Selangor Islamic Law Administration Enactment at a surau in Taman Seri Sementa in Klang between 10pm and 11.50pm on August 16, 2011.

He was found guilty and handed the maximum sentence last month. The provision provides for a fine of up to RM3,000 or a maximum jail term of two years, or both, upon conviction.

However, the case then went through mediation and his lawyer argued for a lesser penalty.

The Shariah Court judge Mohd Hairuddin Ab Rahim presided to reach the judgement today.

Khalid said that he would also be challenging the constitutionality of the said law in the Federal Court on January 24.

In November last year, the Court of Appeal in Putrajaya dismissed Khalid’s appeal to obtain leave to initiate a judicial review to challenge the constitutionality of a provision of the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

In his appeal then, Khalid claimed that Section 119 contravened Article 11 (1) and Article 4 of the Federal Constitution.

He named the Selangor Islamic Religious Council (Mais) as respondent in his application to seek leave to commence the judicial review.

National news agency Bernama reported Justice Vernon Ong Lam Kiat who chaired the three-judge panel ruling that the matter should have been taken up directly with the Federal Court and not be filed by way of a judicial review at the High Court.

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