23 Oct, 2008
A big question for Malaysia's Home Minister and Islamic affairs.
If blogger Raja Petra Raja Kamarudin had insulted Islam -- and Islam is the jurisdiction of religious authorities of state governments except the Federal Territories -- then, has the Home Minister the power to order for his two-year detention under the Internal Security Act (ISA)?
If RPK, a resident in Selangor, had indeed insulted Islam, shouldn't he be dealt with by the Selangor religious authorities?
That was the question posed to the Shah Alam High Court when the application for a writ of habeas corpus seeking RPK's release was heard yesterday. Justice Syed Ahmad Helmy Syed Ahmad set Nov 7 for the decision.
The Home Minister was named as the sole respondent.
Specifically, RPK's lead counsel Malik Imtiaz Sarwar questioned whether the Home Minister, Syed Hamid Albar, could order for Raja Petra’s two-year detention under the ISA.
As RPK resided in Selangor, argued Malik Imtiaz, it was clear that the Federal Government had no authority over the matter. Quote:
“On this ground alone the detention ought to be declared unlawful. Issues pertaining to matters of Islam are within the purview of the state governments, save for the Federal Territories.”
“Whether Raja Petra insulted Islam is a matter within the exclusive domain of the Selangor religious authorities.”
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