Former Perlis mufti Mohd Asri Zainul Abidin has been charged under Section 119 of the Selangor Islamic Administration Enactment for delivering a religious talk without authorisation.

NONE He was charged this morning at the Gombak Timur Syariah Court for teaching matters relating to Islam without tauliah (authorisation) from the Majlis Agama Islam Selangor.

Asri claimed trial to the charge. If convicted, the 38-year-old religious scholar faces a maximum fine of RM3,000 or not more than two years' imprisonment, or both.

At least 30 reporters and about 50 supporters turned up, leading to standing room only in the court room.

NONE Among them were politicians in Barisan Nasional (former Perlis menteri besar Shahidan Kassim, extreme left in photo) and Pakatan Rakyat (Saari Sungib of PAS and Zulkifli Nordin of PKR) to social activists like Marina Mahathir, as well as flamboyant talk-show host Azwan Ali.

At the start of proceedings, Judge Wan Mahyuddin Wan Muhammad dismissed an application by lead prosecutor Abdul Shukor Abdul Hamid to have the case transferred to the Syariah High Court and then fixed hearing for Jan 5.

In his application, Abdul Hamid submitted that the case involves aspects of the law and procedural issues that call for a judge with more experience and expertise. He said Asri is an influential public figure and this case has received much media coverage.

NONE However, Wan Mahyuddin said the case has to be resolved as soon as possible, to prevent prejudice to the accused and subjudice to the court, since the case has become the subject of wide public debate .

He noted that it is not reasonable for the prosecution to apply for a transfer to the High Court on the basis that the accused is an influential figure.

“The court has handled many similar cases and it is within the court’s power to try cases where the penalty is a fine less than RM3,000 and a jail term not exceeding two years, or both,” he said.

He said the prosecutor should be consistent in bringing charges and that the focus should be on the offence, not the individual concerned.

Although prosecutors have the right to apply for the transfer under Section 101 of the enactment, the court’s decision to allow the transfer should be made in the public interest, the judge said.

“When the accused is tried in the lower court, he will have two chances of appeal in the Court of Appeal and the High Court (should a guilty verdict be returned),” he added.

Cart before horse

During the proceedings, Asri’s lead counsel Jamal Mohd Lokman submitted that the charge against Asri is not specific and that it will be difficult to prepare a defence.

“Therefore, we urge the prosecutor to specify the charge and provide the details as per the requirement of Section 80 of the Syariah Criminal Procedure.

He argued that the charge, now framed as ‘teaching matters relating to Islam’, is too wide ranging, and that it should be narrowed to specify what teachings were involved in this case.

Outside the court later, Asri said he agrees with the judge, also expressing surprise over the announcement by the Selangor Islamic Affairs Department to the media, of its intention to apply for a transfer before the matter could be raised in court.

“This shows that they are procedurally incorrect as only the court has the power to determine the transfer. Why are they so eager to make the transfer and usurp my rights as a defendant? This is an insult to the court,” he said.

Asri is out of RM3,000 bail, posted by his friends Mohd Md Sadik and Mohd Ismail Mirasa.