Kassim Ahmad: Stay Granted vs JAWI!


January 14, 2015

Newsflash: Breaking News

Kassim Ahmad: Stay Granted vs JAWI!

by Din Merican

Last week January 6, 2015, Public Intellectual Kassim Ahmad was devastated that Judge Asmabi dismissed his Judicial Review application despite seeing all the illegalities committed by JAWI in breaching their own laws, the laws of other states and the Federal Constitution just to arrest Kassim Ahmad and abduct him to Kuala Lumpur.

On January 8, 2015, Kassim’s lawyer Rosli Dahlan filed his appeal to the Court of Appeal. On January 9 the lawyer filed a Stay Application to hold back the syariah prosecution from proceeding. On January 10, Judge Asmabi Mohamed heard arguments from Rosli Dahlan and Senior Federal Counsel Shamsol Bolhassan. Judge Asmabi orderd the court’s doors to be locked and declared the open court as her chambers. Reporters were barred from coming in.

Rosli further argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments. Kassim, argued Rosli, was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Rosli  argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments.Kassim was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Judge Asmabi also fixed clarification and decision to this morning January 14. However, this morning was also fixed for the Syariah Trial. The Syariah prosecutors refused to back down. They disregarded Rosli’s request for postponement. They insisted that he must come. But Rosli can’t be in two courts at the same‎ time, one in Jalan Duta and the other in Putrajaya.

Rosli laid down these facts to Judge Asmabi including the fact that JAWI instituted disciplinary action against Rosli for acting for Kassim in filing the Judicial Review. They wanted to disqualify him from ever appearing in the Syariah Court. They wanted to make sure that they do not have an opponent like him ever again.

Finally the Judge saw how oppressive JAWI can be.‎ Finally something pricked the Judge’s conscience after Rosli showed all the facts and the law that are all in Kassim’s favor and there was just no reason for the Judge to still rule against Kassim. Finally, Rosli’s perseverance paid off. And it helped that this morning reporters were in court to hear further arguments from Rosli and SFC Maisarah which clearly showed that the facts and the law were all in Kassim’s favor. Rosli was unmincing in his words in pointing out that the Federal Counsel had misled the court in the cases cited.

Just now at 12.30, Judge As‎mabi relented. She held that the civil High Court can stay JAWI and the Ketua Pendakwa Syarie from proceeding with the Syariah Prosecution in the Syariah Court. ‎Rosli thanked the Judge profusely and then ran off to go to the Syariah Court in Putrajaya. What drama!

Congrats to Kassim Ahmad. Congrats to Rosli Dahlan. And shame on you JAWI and the Ketua Pendakwa Syarie for acting in such oppressive way. In the end, that became JAWI’s undoing. In the end, the Judge had to look into her conscience and decided enough is enough. Kudos to Judge ‎Asmabi.

Much as the Judge did wrong in not granting the Judicial Review, she still had judicial wisdom and conscience not to perpetrate an injustice. Kassim Ahmad is 82 yrs old, frail and sickly. What good does JAWI achieve in doing all these? In the end, JAWI will only earn public displeasure and disapproval.

To Kassim and his lawyer, I say well done. I say your fighting spirit will help develop a more robust law. Your fighting spirit will inspire younger people that the history of Man has shown that you cannot imprison the mind.

That is what democracy is about. That is what the Rukun Negara states that Malaysia shall be a democratic society where pluralism of cultures and beliefs are embraced and liberal ideas shall flourish. Judges must therefore uphold the philosophy of the country and the Federal Constitution!. Hidup Malaysia!

READ: http://www.themalaysianinsider.com/malaysia/article/jawi-barred-from-acting-against-kassim-ahmad-rules-court-bernama

26 thoughts on “Kassim Ahmad: Stay Granted vs JAWI!

  1. Congrats Kassim and Rosli! Kassim may be 82 yrs old, but he is a fighter. Rosli has been unceasing in his efforts to fight for truth and justice. His perseverance must be applauded. Everytime he loses, he picks up the pieces and continue the fight another day. If it’s is true that he is a bugis.he is a pride to this warrior race!

  2. Not sure what happened really. First she rejected application for Judicial Review, then upon filing of appeal followed by stay of application Syariah proceeding, she granted the stay because JAWI was relentless and Federal Counsel case citing was misleading? Sounds pretty abritrary to me…

  3. Tahniah kepada Pak Kassim dan peguam Rosli. Penghakiman kena ikut undang-undang, kalau tak ikut, lama-lama akan runtuh struktur perundangan negara.

  4. “Rosli was unmincing in his words..”

    So now i guess his dour, sour-puss opponents are mincing about in their Jubahs?
    Let’s just hope Justice prevails over moronic Legalism and sheer Obscurantism.
    Well done!

  5. Kassim will never say die! You can bet that. You only need to read his poems to understand the man’s spirit. This is the last stanza of his puisi, “Dialog”

    Ada esok maka pasti ada suria
    aku akan pergi
    dengan seribu jebat si anak tani
    kian lama kita mati dalam setia
    kali ini kita hidup dalam derhaka!

  6. I admire the perseverance of Rosli Dahlan….there is no such thing as failure. ….to him, it is failure leads to success. After following his case of mishandling and miscarriage of justice against him by MACC n the AG, I admire his tenacity of struggling for fair play. A job well done Rosli….you may not be popular with Jawi but we respect for your righteous.

  7. Reblogged this on ycpok and commented:
    Congratulations to Pak Kassim Ahmad and Master Rosli Dahlan. Your brave mettle and spirit against the corrupt and oppressive power that be will be a beacon of hope for a better, just and equitable Malaysia.

  8. Let’s hope common sense will prevail…we’ve had too many similar episodes already…distracting to say the least…there are bigger issues that need our attention…

  9. Kassim can get the stay from being prosecuted by Jakim.What the big deal,Jakim can still go after his blood for giving talk offending Prophet Muhammad (SAW).

    He belong to the anti Hadith group that only believe in Quran but not Hadith.

    Kassim can continue with his belief but once he tried to preach his belief,the Islamic authority will go after him.This is Malaysia.We have law and procedure to protect Islam.
    _________________
    Haji Mansor, Kassim was invited to a forum at Perdana Leadership where Mahathir sits on its throne. He was expressing an opinion. I see nothing wrong in that. If this is the law you claim to protect Islam, it is unjust and foolish.–Din Merican

  10. Although it was trying for both Pak Kassim & his persistent lawyer, please try to see the humour the Hon’ Judge was also trying to test the patience of the parties in such protracted rigmarole….in the end, the Judge relented and she gave in to wherever the ‘ truth’ was, and the sense of humour prevailed… A good display of witty conduct on all sides. Congratulations to Lawyer Rosli Dahlan and Pak Kassim, since ‘ patience’ was their strength.

  11. It’s a good news. Happy little bit. Too early to celebrate. I’ve some feelings it’s not that easy. Look at Deepa case.

  12. This is almost unbelievable! We have to admire Rosli Dahlan.for his persistence; his failure to get a Judicial Review did not discourage him from representing his case (albeit with different arguments) to the same judge! What an Advocate!

    Congratulation to Kassim as well.

  13. When you give a little boy a toy gun, he thinks he is a cowboy out to shoot as many red Indians as he can, (or instructed), to find.

  14. I am happy for Pak Kassim and salute to Rosli. I guess the judge must have regretted by saying that the Rukun Negara is outdated.

  15. Are The Jakim, Jawi, Mais, Muis, etc in Malaysia and its equivalent in other muslim dominated countries the sanhedrin of the people?

  16. “Kassim Ahmad: Stay Granted vs JAWI!”

    Dato’,

    God Almighty is great !

    Congratulation & well done to Kassim Ahmad for his perseverence, Rosli Dahlan for his persistence & excellent presentation & the presiding judge for this decision.

    Cheers.

  17. It must be horrible to live under such restrictions. To be fearful of saying something about your religion, while other people of faith debate and discuss theirs. To have pious men come to your house and arrest you while leaving others unmolested who do other prohibited things but secure in their wealth and privilege. It’s like living under the gaze of the Stasi.

  18. 1. Well done, Pak Din, for your excellent report.
    2. I must sincerely and humbly correct the mistaken belief of some that our honoured Prophet Muhammad left us some so-called Hadis. He was given by God the Final Revelation and delivered it to mankind. That was his great mission and he carried it out scrupulously.
    3. The so-called Hadis was the work of Imam Shafi’e — a true scandal, if ever there was one — after whom came Bukhari, Muslim and the rest of the six Hadis collectors 250-300 years later.
    4. The Quran several times refers to itself as the true Hadis. (see 7: 185)

  19. Din,
    The comment I put up in reply to @ Kassim’s were both removed.
    Please advise if it was done on the same premises described in your response to what Abnizar enquired on the removal of his comment in ” A rage against history” ?
    Thanks.
    _____________
    Please repost it. Thanks.–Din Merican

  20. Thanks, Din.
    The following is the repost :

    @ Kassim Ahmad’s message reaffirms many, including me, for a long time, that
    ‘Religions are Man-made. God-Allah is Original”

    My views are,
    If religion is to be believed,
    it would comfort but often betrays and plays tricks on humanity.

    If one is religious and believe God-Allah exists from the beginning of time,
    it often would play dice on us.

  21. Being his son, allow me to share a little bit about him & the life he led, not too long ago.

    I was in primary 3 when they took him away while he was in PJ on Nov 3rd 1976. He was accused of being a communist & I didn’t understand it then as I’d always thought that communists do not believe in God. Father never misses his daily prayers from dawn to dusk! It was never easy for my mom to look after us 3 school-going children for almost 6 years single-handedly. She was not working then & her family sort of abandoned her for marrying my father, who’s a Malay commoner. She’s from the Arab AsSaggof clan who was supposed to marry another man’ of similar status. We lived in a small rented house in Penang & depended on her savings plus monetary assistance from PSRM supporters.

    There was a time during his “second university” stint (unknown to most people who knew him) – when father was violently attacked by a hired religious extremist. The attacker used a “knuckle-buster” & struck him on the face, hitting him on the left side just below the eye! The strike cracked the left cheek-bone causing it to drop a little.The camp authorities sent him to Ipoh GH & the doctor said father could have been permanently blinded on the left eye had the strike been centimetres higher. We hardly recognised him upon arriving at the ward, his face was too swollen! This attack was planned by an inmate who shared the same housing block who held some kind of power then by throwing money. He was a minister before being held under ISA. Father likes a quiet environment where the former loves to boss around. Father was hospitalised for more than a month & it took over 6 months for him to be able to smile again. I cannot imagine the amount of pain he suffered!

    Almost 6 years on, he was released by Mahathir just 2 weeks after taking office as PM in mid 1981. While preparing to leave the camp, his attacker rushed to him & begged for forgiveness & father willingly did just that!

    It was during his detention that he managed to seriously researched the Muslim theology. He visited Washington several times at the invitation of the late Dr Rashad Khalifa & even pointed out some points of disagreement. Unfortunately, Dr Rashad was stabbed to death in his mosque, in Tucson. The late Dr made an astonishing discovery of the secrets in the Quran.

    In 1984, father wrote a book to re-evaluate the hadith, entitled “Hadis-Satu Penilaian Semula” or :Hadith-A Re-evaluation”. He passed the manuscripts to both Mahathir & Anwar prior to publishing it. Mahathir advised to postpone from publishing the book & divide it into two sections, while Anwar said “Kassim, we agree in principle but differ in tactics” & asked father to proceed.

    Two weeks after the book was published, Anwar made a press statement that the GOVERNMENT WILL NOT hold talks with Kassim as he is anti-hadith! This was flushed through the local media despite Mahathir’s advise to hold muzakarah between father & Pusat Islam. The anti-hadith stigma was created by Anwar although JAKIM made a press statement that Kassim is not anti-hadith in 1990. Better anti-hadith than anti-Quran!

    The book was banned 2 weeks later & Pusat Islam came out with 7 books to counter father’s book. Father then countered all 7 books with another book entitiled “Hadis-Jawapan kepada Pengkritik”.

    Last year, some close friends of my father had organised a belated seminar to celebrate his 80th birthday, entitled “Pemikiran Dr Kassim Ahmad – Satu Penilaian” & the venue was sponsored by Tun Mahathir’s foundation. Tun was invited to give the opening speech.

    Knowing the controversial facts that father holds to, JAWI & JAKIM instructed its stooges to attend the seminar. During the Q&A session, these stooges “planted” questions which were out of topic & created some unruly atmosphere. Although all the questions were adequately answered, these stooges subsequently lodged police reports, “prompting” JAWI/JAKIM to take action that led to father’s arrest!

    I kept the sms communications with one Ustaz Ashrul from JAKIM from 3rd to 12 March 2014 inviting father for a “dialogue” in KL with all the flight & hotel reservations done – unfortunately father fell ill. Later I realised that this invite was a ploy for JAWI/JAKIM to trap father.

    I recalled the day I brought father to Bangsar, to meet a few lawyers who were supposed to represent him in his civil & syariah case. He refused to budge from his principles when tested by one of the lawyers, which almost caused father to walk out. That lawyer is currently representing him.

    There were many instances of individuals or groups; be them pro or against his beliefs – coming to his house as agreed or unannounced & till today, they still do. He is more than willing to share his views & eventually, it’s up to you to agree or otherwise. He does not impose. There is no compulsion in Islam.

    Till today, he has yet to meet a person who can rebuke his belief & to him – he only answers to God.
    __________________
    Ahmad,

    Thank you for your comments on my dear friend,intellectual mentor and fellow Kedahan. Pak Kassim, as I call him as I respect for my senior, has always been a humble and devoted Muslim who is a kind and willing teacher. As a man of principle and ideals, he had to bear the burden of speaking the truth to power, this being the hallmark of a public intellectual. I can understand what your Mom and her family went through when he was in Kamunting. Please take good care of both of them.

    You mentioned Anwar. Yes, that is Anwar. He can say something in front of you and do something behind your back. So I am not surprised what he did it to Pak Kassim. He is what I call a political back stabber, driven by a selfish ego. I worked with him from 2007 to 2009 and I should know. Anwar is a charismatic and brilliant polemicist and orator. I saw him in action in 2008 when I accompanied him on his campaigns. But I still think that our government has done injustice to him, Wan Azizah and their family.

    Thanks for sharing and hope you will continue to visit this blog and sharing your perspectives and thoughts with all of us. My salams to you, your devoted mom and Pak Kassim.–Din Merican in Phnom Penh.

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