SHAH ALAM, Jan 19 — When Khalid Abdul Samad was today fined RM2,900 for preaching without accreditation at a surau in Klang in 2011, a question arose on whether the sentence by the Klang Lower Shariah Court can cause him to lose his eligibility as Shah Alam MP.

Nonetheless, the Federal Constitution clearly does not differentiate between a civil, criminal or Shariah court on sentences on any people’s elected representative including Members of Parliament, says Assoc Prof Dr Shamrahayu Abdul Aziz.

He said Article 48(1)(e) of the Federal Constitution says that a Member of Parliament would lose his eligibility as a member of the House when convicted by a court in the Federation and jailed a minimum of one year or fined not less than RM2,000.

"The question is, does it include conviction by a Shariah Court which is a state court.

"In my view, even though a Shariah Court is a state court, it is a court in the states of the federation, not a court outside of the federation like foreign countries,” he told Bernama.

Asked whether Khalid’s eligibility as MP will be automatically rescinded following his conviction, the Institute of Islamic Understanding Malaysia (IKIM) Centre for Syariah, Law and Politics fellow said the disqualification would be effective 14 days from the date he was convicted and sentenced.

In Khalid’s case, Shamrahayu said the MP had submitted an appeal against his conviction, he would remained an MP until the appeal process reached the final stage.

"If the appeal was rejected by the high court, the disqualification will also be effective 14 days from the day his appeal was turned down,” he said.

However, Shamrahayu said if the appeal at the highest court was rejected, Khalid could still proceed with the pardon process.

"The application for pardon could only be carried out after exhausting all court processes. It means all appeals decided at the highest level, in the case of Shariah Court, the Shariah Appeal Court.

"The management process of a pardon will be carried out by the Pardon Board.

Should the pardon petition be rejected, he loses his MP eligibility immediately,” he said.

Shariah judge Mohd Hairuddin Ab Rahim also sentenced Khalid, 60, who is Parti Amanah Negara communications director to three months’ jail if he failed to pay the fine.

He paid the fine.

Khalid was found guilty of preaching without accreditation at a surau in Jalan Taman Seri Sementa, Klang between 10 pm to 11.30 pm on Aug 16 in 2011.

He was charged with the offence under Section 119(1) of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 which carries a maximum fine of RM3,000 or a maximum of two years jail or both. — Bernama