Tuesday, March 04, 2008

Ayah Pin follower gets two years jail after declaring herself as apostate

This is a Syariah Court in Kuala Trengganu under the Barisan Nasional.

Here is a judge who decides on the question of sincerity because someone did not reply to his "Peace be with you" greeting... which is ABSURD

"...I am still not satisfied with the accused. When I walked into court and greeted her by saying ‘Assalamulaikum’, I observed you carefully (Kamariah) but you did not respond to the greeting....."

Freedom of Religion is also an issue within ISLAM and Muslims .... not just an issue of the non-Muslim within a country where Islam is given a special position.

There are many questions that Malaysians will have to decide, and amongst those would be the question of defining who is a "person professing the religion of Islam" and maybe also the question of what is that "religion of Islam" - are Sunnis of all schools
"person professing the religion of Islam"? are Sh'ites "person professing the religion of Islam"? are followers of Ayah Pin, Ahmadiyahs, Sufis, etc.. "person professing the religion of Islam"? Are born Muslims always a Muslim? What about "are born Christians always a Christian?" or "are born Hindus always a Hindu?"? How do we deal with persons who convert? How will it affect the rights of their spouse, parents, children? Which court should be deciding on these rights?...these are questions that must be decided on by multi-racial multi-religious Malaysia...in a muli-religious multi-racial way...

...and of course we really do not want judges who decide on whether you responded to his smile or his greetings or your face expressions...


Below are extracts from the Malaysian Federal Constitution that deals with the issue of religion, and the Syariah Court..

"3. Religion of the Federation.

(1) Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

(2) In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution of that State, and, subject to that Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observances of ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorise the Yang di-Pertuan Agong to represent him.

(3) The Constitution of the States of Malacca, Penang, Sabah and Sarawak shall each make provision for conferring on the Yang di- Pertuan Agong the position of Head of the religion of Islam in that State.

(4) Nothing in this Article derogates from any other provision of this Constitution.

(5) Notwithstanding anything in this Constitution the Yang di-Pertuan Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and for this purpose Parliament may by law make provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to the religion of Islam.



11. Freedom of religion.

(1) Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it.

(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

(3) Every religious group has the right -

(a) to manage its own religious affairs;

(b) to establish and maintain institutions for religious or charitable purposes; and

(c) to acquire and own property and hold and administer it in accordance with law.

(4) State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

(5) This Article does not authorise any act contrary to any general law relating to public order, public health or morality.

"121. Judicial power of the Federation.

(1) There shall be two High Courts of co-ordinate jurisdiction and status, namely -

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry at such place in the States of Malaya as the Yang di-Pertuan Agong may determine; and

[Am. Act A1260]

(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di- Pertuan Agong may determine;


and such inferior courts as may be provided by federal law and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.

(1A) The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

Ayah Pin follower gets two years jail after declaring herself as apostate

Monday, 03 March 2008 10:21pm

©NST Online
by Sean Augustin

KUALA TERENGGANU: The Kuala Terengganu Syariah High Court today jailed 'Ayah Pin' follower Kamariah Ali two years for declaring herself an apostate in 2005. On Feb 17, the court ruled that the 57-year-old was still a Muslim, but judge Mohamad Abdullah had postponed the sentencing till yesterday to give Kamariah a final chance to repent.

Kamariah had been charged under Section 7 of the Syariah Criminal Offence Enactment (Takzir)(Terengganu 2001) for declaring herself an apostate to avoid action being taken against her at the Syariah Lower Court in Besut. For this she risked a three year jail term or a RM5,000 fine or both.

Prior to sentencing Kamariah, Mohamad said he had prepared two versions of a judgment for Kamariah, pending on her conscience in court yesterday.

However, he felt Kamariah was insincere when she said she had repented.

Mohamad said: "I am still not satisfied with the accused. When I walked into court and greeted her by saying ‘Assalamulaikum’, I observed you carefully (Kamariah) but you did not respond to the greeting.

“I also find the argument that you were influenced by another in declaring yourself an apostate to be weak. The difference between you and your friend is that you were born and raised as a Muslim and you even graduated in Islamic studies,” he said.

Kamariah, who was represented by Sa'adiah Din, claimed that she was influenced by New-Zealander Judith Lillian who was released by the court in Besut after claiming apostasy when they were arrested along with 58 others in July 2005.

They were all charged under Section 10 of the Syariah Criminal Of fence Enactment (Takzir) (Terengganu 2001) for not adhering to the state fatwa (edict) which had ruled the teachings as deviant.

Lillian is said to have embraced Islam after marrying a Muslim here. The sentenced was also based on the fact that this was the second time she was charged after she was found guilty of a similar offence in 1992 in Kelantan.

She was initially to serve a 20-month jail term in Kelantan but the sentence was commuted to a five- year religious rehabilitation programme which she underwent on a monthly basis.

“Repeating the offence only shows you have not changed your ways,” he said.

Mohamad said the case was serious and sensitive in a multi-religious and multi-racial country like Malaysia. Thus, the decision took into account the public interest as it affected the Muslim community here.

Islam, he added, was not a religion to be ridiculed. “I pray God will open the doors of your heart, Kamariah,” he said.

Earlier, Kamariah pleaded for leniency. In mitigation, she said she was ill. However, Mohamad said there was no evidence to suggest she was ill and seeking treatment.

The former Al-Azhar University graduate will begin serving her sentence immediately. However, she has applied to delay sentencing pending an appeal to reduce her sentence. A decision on her application will be made on Thursday.

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