PUTRAJAYA, Feb 16 — A Shariah court has postponed Muslim academic Kassim Ahmad’s trial for allegedly insulting Islam to October 5, despite the civil High Court ordering a stay until the end of the Court of Appeal’s proceedings in the case.
Shariah High Court judge Azzeman Omar made the decision here today after hearing Federal Territory chief Sharie prosecutor Mohammad Adib Husain’s request for a six-month postponement.
Kassim’s lawyer Rosli Dahlan had suggested an indefinite adjournment following the Kuala Lumpur High Court’s order for the Federal Territories Islamic Department (Jawi) to freeze the prosecution of Kassim in the Shariah Court pending the Court of Appeal ruling.
He was, however, rebuffed by Justice Azzeman who insisted on a date.
“I’m trying to save the situation. I’m trying to ensure that both systems appear to be intact. When you say you ask for postponement, but you ask for a certain time, technically you are in breach of the order,” Rosli told reporters outside the court, referring to the Shariah and civil legal systems.
The 82-year-old Kassim had filed for a stay pending an appeal against a civil High Court decision last month that threw out his judicial review against Jawi’s allegedly unlawful actions in raiding his Kedah home, hauling him up from his home to Kuala Lumpur and detaining him overnight.
In his judicial review, Kassim had argued that Jawi had acted with illegality, irrationality, procedural impropriety, unconstitutionality, ultra vires or acting beyond powers, abuse of discretionary power and unreasonable exercise of power.
The four respondents in Kassim’s judicial review bid are the minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom, Jawi, then Federal Territory chief Sharie Prosecutor Ibrahim Deris, and the government.
In March last year, Kassim was charged at the Shariah High Court here with insulting Islam and defying religious authorities at a seminar in February that was officiated by former prime minister Tun Dr Mahathir Mohamad.
The two Shariah charges that Kassim faces both carry a maximum fine of RM3,000 or imprisonment up to two years, or both.
At the seminar in Putrajaya on February 15 and 16, 2014, Kassim allegedly questioned the use of “hadith” — a collection of sayings and deeds attributed to Prophet Muhammad — to interpret the Quran, as well as the headscarf commonly worn by Muslim women, as he allegedly said hair was not part of the “aurat” that must be covered up.
The scholar and author, who had written a controversial book in 1986 titled Hadith: A Re-Evaluation that got banned, was also accused of questioning the beatification of Prophet Muhammad.
