Civil court can hear matters relating to Islam

KUALA LUMPUR: All public authorities are subject to the Federal Constitution and the civil court could not avoid hearing an application for leave just because it is an Islamic matter, claimed a lawyer acting for former political activist and academician Kassim Ahmad.

Lead counsel Rosli Dahlan told reporters he had argued that the civil court had jurisdiction to review alleged misconduct by public authorities.

Kassim @ Osman Ahmad, 80, is contending that the civil court has the jurisdiction to hear his application for a judicial review over his prosecution for allegedly insulting Islam.

High Court (Appellate and Special Powers) judge Justice Zaleha Yusof set July 14 to deliver her decision over the issue of jurisdiction raised by the Attorney-General’s Chambers in their preliminary objection against the application for leave.

The judge fixed the date after hearing submissions by parties in chambers yesterday.

Senior Federal Counsel Suzana Atan, who appeared for the A-G’s Chambers, said their preliminary objection was that the civil court had no jurisdiction to hear the matter on grounds there was a syariah criminal case pending against Kassim.

Suzana said Article 121(1A) of the Federal Constitution was clear that the civil court had no jurisdiction when the matter was within the exclusive jurisdiction of the Syariah Court.

She said that there was a Federal Court case involving Siti Hasnah Vangarama Abdullah which had affirmed over the matter in March and it was still binding.

 (The apex court held that the validity of Siti Hasnah’s conversion in 1983 is a matter strictly within the exclusive jurisdiction of the Syariah Court).

In his application for leave filed on June 26, Kassim sought to quash the decision of Federal Territory Syarie chief prosecutor Ibrahim Deris to charge him at the Putrajaya Syariah High Court in March.

He is applying to the court to set aside the action of the Federal Territory Islamic Affairs Department (Jawi) enforcement officers in seizing his publication materials and arresting him at his home in Kedah on March 26.