Long wait: Dr Mohd Asri speaking to reporters as he waited for nearly three hours at the Gombak Timur Lower Syariah Court Monday.
Testing times: A number of Islamic NGOs is against Dr Asri’s potential appointment as head of Yadim.
Picked up: Dr Mohd Asri being lead away by police and JAIS officers in Ulu Klang yesterday.
In the news: Dr Mohd Asri is thinking of suing a few people after what he claimed was a lynch-mob style detention by Jais officials.
Asri says he will not be stopped from preaching
Asri leaves the syariah court after he was charged this morning.
Former Perlis Mufti Dr Mohd Asri Zainul Abidin @Abdul Talib pleaded not guilty in the Gombak Timur Syariah Court Wednesday to a charge of conducting a religious lecture without a certification of authority.
Dr Mohd Asri, 38, is charged with committing the offence 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.
Prosecuting was Selangor Syarie Chief Prosecutor Abdul Shukor Abdul Hamid who applied for the case to be transferred to the Syariah High Court on the grounds that the facts of the case necessitated a more accurate application and interpretation of the law, adding that there was also wide media coverage and that the accused was an influential person.
“We filed an affidavit on Nov 12 to have the case transferred and to have it heard by another judge,” he said.
Lawyer Kamar Ainiah Kamaruszaman, representing Dr Mohd Asri, objected to the charge saying that it was vague because although it mentioned conducting a lecture without a certification of authority, it did not state in details the actual scope of the certification.
“I ask that the prosecution narrow the scope of the charge as it will give rise to various interpretations.
“The affidavit on Nov 12 to transfer the case to the High Court is in fact beyond the scope of the charge and is not in accordance with the format under which this issue should be dealt with,” she said.
Kamar Ainiah contended that the prosecution’s application appeared to be in contempt of court for suggesting that the court and the judge were not qualified to handle the case.
“If this is allowed, our client would be deprived of his rights to appeal to the Syariah High Court and Syariah Appeal Court. The prosecution’s statement that the accused is an influential person is not relevant to the case,” she said.
Syarie Judge Wan Mahyuddin Wan Muhammad rejected the application on the grounds that it could only be allowed if the prosecution could justify the reason.
He also said that the court felt that the case should be expedited.
“If the application is allowed, it will cause postponements and this will cause prejudice to the accused and subjudice to the court as the matter would have been reported in the media.
“There have been many similar cases handled by the lower Syariah Court without any problem; the court therefore feels that it has the power to hear the case,” he said.
He later ordered Mohd Asri to be freed on a bail bond of RM3,000 with two sureties and fixed Jan 5 for the trial.
He pleaded not guilty when asked by syariah judge Wan Mahyuddin Wan Muhammad.
He was charged under Section 119 of Selangor Islamic Administration Enactment and if convicted can be fined up to RM3,000 or imprisoned up to two years.
Asri, 38, whose supporters packed the courtroom, was represented by Kamar Ainiah Kamaruzzaman and Jamal Mohd Lokman.
At the hearing, Wan Mahyuddin dismissed an application by the prosecutor to have the case transferred to the Syariah High Court and the defence's application to postpone the case due to lack of clarity in the charges against Asri.
In dismissing the prosecutor's application, Wan Mahyuddin said the case of teaching without permit is not an unusual one and can be heard in the lower court.
He rejected the prosecutor's view that Asri's influence and wide publicity given to the case made it necessary for the trial to be transferred.
In arguing that the case should remain in the lower court, defence counsel Jamal argued that transferring the case to a higher court would leave Asri with only one venue of appeal, the Syariah Appeal Court.
On the charges brought against Asri, Kamar Ainiah said it was necessary for the prosecutor to clarify what “teaching on matters related to Islam” means to enable the defence to present its case better.
The defence also complained that it was only furnished with the prosecutor's affidavit 10 minutes before the trial began this morning.
The trial continues on Jan 5 next year and Asri was released on RM3,000 bail.
The controversial scholar was arrested by the state Islamic authority Jais some two weeks ago while giving a private lecture at a friend’s residence in Ukay Heights.
Though Asri cried foul playVarious leaders from both sides of the political divide, including former premier Tun Dr Mahathir Mohamad, a known supporter of Asri's, have condemned the arrest.
Asri, who was a university lecturer until his appointment as Perlis mufti in 2006, is noted for his unconventional interpretation of Islamic principles which often contradict government-endorsed doctrines.
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