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Lee Hishammuddin Allen & Gledhill

Persecution of a Malay scholar

  • Kassim @ Osman Bin Ahmad v Dato’ Seri Jamil Khir Bin Baharom & 3 Ors [Judicial Review Application No. 25-119-06/2014]
  • Ketua Pendakwa Syarie v Kassim @ Osman Bin Ahmad [Dalam Mahkamah Tinggi Syariah Di Wilayah Persekutuan Putrajaya Kes 14400-134-0010-2014, 14400-136-0011-2014 dan 14400-134-0014-2014]

On 16.2.2015, Yayasan Kepimpinan Perdana Putrajaya invited an 82 year old Malay scholar known as Kassim Ahmad to an intellectual discourse. He presented a paper entitled “Seminar Pemikiran Kassim Ahmad: Suatu Penilaian Hala Tuju Bangsa & Negara Malaysia untuk 30 Tahun Akan Datang”. The talk stirred public controversy. On 26.3.2015, the Jabatan Agama Islam Wilayah Persekutuan (“JAWI”) raided Kassim’s house in Kedah, seized his writings, arrested him and removed him from his home state in Kedah through the state of Penang and Selangor to bring him to Kuala Lumpur. He was then charged for breaching the state Fatwa of the Federal Territories. In doing so, JAWI did not comply with the state laws of Kedah, Wilayah Persekutuan, Penang and Selangor. JAWI also breached various constitutional provisions on fundamental liberties. Rosli mounted a Judicial Review application against JAWI, the Chief Syarie Prosecutor, Religious Minister and the Government of Malaysia. On 21/12/2015, the Court of Appeal delivered a landmark decision that declared JAWI’s actions as illegal and void, and chastised the High Court for abdicating its supervisory powers. The Court of Appeal also awarded cost and damages for JAWI’s illegal actions which is unprecedented.

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