ASRI: Charged for giving lecture without 'tauliah'

SHAH ALAM: The defence counsel for former Perlis Mufti Dr Mohd Asri Zainul Abidin this morning submitted a preliminary objection to the Shah Alam Syariah High Court regarding the powers and decision of the Selangor Syariah Court to hear and try the prosecution's application for a revision of the Gombak Lower Syariah Court's ruling.

Asri's lawyers, Kamar Ainiah Kamaruzaman and Jamal Mohd Lokman Sulaiman, told reporters this outside the court following the submission of the preliminary objection in chambers.

In its objection, the defence, among others, is questioning the Selangor Syariah Court's criminal jurisdiction as Asri is being charged under Section 61 of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 that stipulates that it can only try offences committed by a Muslim and punishable under the Syariah Criminal Offences Enactment (Selangor 1995) or under any written law against the percepts of Islam.

The defence is arguing that as the charge read out against Asri was for teaching matters related to Islam without "tauliah" (authorisation) from the Selangor Islamic Religious Council, it is not an offence against the percepts of Islam.

Judge Mohammad Adid Husin has given until Jan 6 for the prosecution to respond to the objection and to have their points heard.

He also reminded the defence that it has until Jan 5 to apply for an extension for Asri's bail at the Gombak Timur Lower Syariah Court.

Mohd Zusyarasain Yusof prosecuted. Mohd Asri @ Abu Talib, 38, a Universiti Sains Malaysia (USM) lecturer, denied committing the alleged offence at a house in Taman Sri Ukay Ampang, Gombak, between 8.10pm and 9.45pm on Nov 1. The charge carries a maximum RM3,000 fine or two years jail upon conviction.