The Syariah High Court here today dismissed a preliminary objection by former Perlis Mufti Dr Mohd Asri Zainul Abidin ( pix, below ) to the prosecution's application for a review of the Gombak Timur Syariah Lower Court's decision in rejecting the case from being heard by the Syariah High Court.

Syariah judge Mohammad Adib Husain, in handing down the decision, said the Selangor Syariah Court had jurisdiction to try the case because it concerned section 119(1) of the Selangor Islamic Religious Administration Enactment 2003.

He said the issue on the issuing of the certification of authority to NONE those who wanted to teach religion was not according to Islamic law, but by the government.

It was also to monitor teachings which deviated from the true teachings of Islam, he added.

Mohammad Adib set March 9 to hear the application for the review.

    

Mohammad Adib said God gave freedom for human beings to think, but absolute freedom did not exist.

He said the freedom to expression in Islam was to uphold the truth, but that the freedom should not be used to an extent that it jeorpardised others or would destroy relations among the people.

He said there may be difference in opinion, but that it should not to an extent of creating a rift or weaken the Muslims. "Freedom is guided by law," he added.

Mohammad Adib said section 119 was formulated to prevent anything negative and it did not contradict Article 4(1)of the Federal Constitution.

Pleaded not guilty

    

Last month, Asri, 38, filed the preliminary objection on grounds that the charge against him was not an offence in Islam and therefore he could not be charged in the Syariah Court because it contradicted Section 61 of the Selangor Islamic Religious Administration Enactment 2003.

He said the charge against him, made under Section 119(1) of the Selangor Islamic Religious Administration Enactment 2003, contradicted Islamic principles and was inconsistent with Syariah laws, and therefore was void.

Asri also claimed that the provision under the section was ultra vires the federal constitution, especially Article 10, which guaranteed freedom of speech and expression.

On Nov 18 last year, Asri had pleaded not guilty in the Gombak Timur Lower Court to conducting a religious lecture without a certification of authority at a house at No 2 Lorong 2C, Taman Sri Ukay, Ampang, between 8.10pm and 9.45pm on Nov 1.

The charge, under Section 119(1) of the Selangor Islamic Religious Administration Enactment 2003, carries a jail sentence of up to two years or a fine of up to RM3,000 or both upon conviction.

Mohd Asri was represented by lawyers Kamar Ainiah Kamaruszaman and Jamal Mohd Lokman Sulaiman, while the prosecution was led by Selangor Syarie Chief Prosecutor Abdul Shukor Abdul Hamid, who was assisted by Zusyarafain Mohd. Yusof.

- Bernama