Federal Court dismisses Khalid's leave to appeal bid over his constitutional challenge

Shah Alam Member of Parliament Khalid Abdul Samad's legal challenge on the constitutionality of a provision in the Selangor Islamic religious law on teaching Islam without credentials, came to an end today.

This followed a decision by the Federal Court three-man panel led by newly appointed Chief Justice Tan Sri Md Raus Sharif in dismissing his application for leave to appeal.

He said Khalid's application did not have merits and ordered him to pay RM10,000 in costs to the Selangor Islamic Religious Council (MAIS).

Presiding with him were Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court judge Datuk Aziah Ali.

Earlier, during the proceeding, Justice Raus said the law on the matter was settled following the case of Fathul Bari Mat Jahya.

On Jan 19, this year, Khalid, who is also Amanah communications chief, was fined RM2,900 after he was found guilty by the Klang Syariah Lower Court of giving a religious talk at a surau in Taman Seri Sementa in 2011 without valid credentials. Khalid then appealed against the decision in the Syariah High Court.

The offence is under Section 119 (1) of the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

Khalid applied at the Shah Alam High Court for leave to initiate a judicial review to challenge the constitutionality of that provision, claiming Section 119 (1) contravened Article 11 (1) and Article 4 of the Federal Constitution. He named MAIS as the respondent in his application.

He filed the judicial review soon after the Syariah Court ordered him to enter his defence.

On May 30, last year, the Shah Alam High Court refused to grant Khalid leave to commence a judicial review on the grounds that the application was frivolous, vexatious and intended to delay his (Khalid's) trial in the Syariah Court.

Khalid lost his appeal on Nov 9, last year, before the three-man Court of Appeal panel which held that Khalid should have gone straight to the Federal Court as the subject matter revolved around the competence of the Selangor state assembly to pass enactments.

He was represented by lawyers Nadzratun Naim Hammad Azizi and Sharifah Nur Asmaa' Syed Azman while senior federal counsel Suzana Atan appeared for MAIS. -- Bernama