The Federal Court today rejected Shah Alam MP Khalid Abdul Samad's application to challenge the constitutionality of the Administration of the Religion of Islam (State of Selangor) Enactment 2003, that bars him from giving a religious talk without proper credentials.

Chief Justice Md Raus Sharif, who chaired the three-member bench, unanimously dismissed the application.

"The syariah court had already decided that Khalid is guilty. Hence, why bring the matter to the Federal Court?

"Article 11(1) of the Federal Constitution states that every person could profess and practice his religion and subsection (4) states that the state law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam. If you want to talk on religion you must get accreditation.

"Hence how could you say that it is against the Federal Constitution. Why bring this case in the civil court where else it is a syariah case," asked Md Raus.

The apex court also ordered Khalid to pay RM10,000 costs.

Last November, it was reported that the Court of Appeal had also dismissed Khalid's application for leave to initiate judicial review to challenge the enactment.

Fined by Mais

Khalid has been found guilty by the Klang Syariah Court for teaching without credentials at the Surau Taman Semanta, Klang, pada 16 Ogos 2011, in violation of Section 119 of the enactment.

Subsequently he was fined RM2,900 by the Lower Syariah Court or three months jail in January last year. He has indicated he will appeal against the fine at the Syariah High Court.

Khalid when he was called for defence submitted an application for judicial review to challenge the constitutionality of Section 119 of the enactment on grounds that it was against Article 11(1) and Article 4 of the Federal Constitution.

He had then named the Selangor Islamic Council (Mais) as respondent in the judicial review application and sought a court order to quash the charge against him as well as an injunction against Mais to stop prosecuting him at the syariah court.

On March 28, last year, the Shah Alam High Court dismissed Khalid's judicial review application on grounds that it is a frivolous and vexatious application directed at delaying the syariah court trial.

Khalid was represented by Nadzatun Naim Hammad Azizi and Sharifah Nur Asmaa' Syed Azman.