Interesting development I must say. Read Anwar claims slander by Saiful
By reporting the case to Federal Territories Islamic Affairs Department (Jawi), has DSAI jumped the gun? It is within his knowledge that there is an investigation going on by the police. Any involvement of JAWI would definitely lead to unnecessary interference to the on-going police investigation.
The authorities would then argue that to allow such interference would only mean opening of floodgates to other criminal cases which involved muslims, where pending investigation under the Penal Code, the person investigated could proceed to report against the victim (accuser) for slander under the Islamic Law.
To proceed with qazaf proceedings as what DSAI did today is different than simultaneously filing a civil suit for defamation pending an on-going criminal case or investigation. Defamation suits are civil cases where proceedings could be adjourned until the criminal trial related has been completely disposed of.
While the concerning provision, in my humble opinion, on which the report was made today by DSAI (S. 41 of Federal Territory Syariah Criminal Offence Act 1997) is instead criminal, or at the very least quasi-criminal, in nature which warrants an investigation by the concerning authority. As such it is foreseeable that such investigation will lead to interference and overlaps with the on-going police investigation under the Penal Code.
Then again, and to be fair to DSAI, the law provisions are there for him to exhaust. And just like any of us, he is entitled to seek any legal redress available to him. But to what extent such manipulation of both civil and shariah laws provisions could meet the end of justice is yet to be seen and tested.
By reporting the case to Federal Territories Islamic Affairs Department (Jawi), has DSAI jumped the gun? It is within his knowledge that there is an investigation going on by the police. Any involvement of JAWI would definitely lead to unnecessary interference to the on-going police investigation.
The authorities would then argue that to allow such interference would only mean opening of floodgates to other criminal cases which involved muslims, where pending investigation under the Penal Code, the person investigated could proceed to report against the victim (accuser) for slander under the Islamic Law.
To proceed with qazaf proceedings as what DSAI did today is different than simultaneously filing a civil suit for defamation pending an on-going criminal case or investigation. Defamation suits are civil cases where proceedings could be adjourned until the criminal trial related has been completely disposed of.
While the concerning provision, in my humble opinion, on which the report was made today by DSAI (S. 41 of Federal Territory Syariah Criminal Offence Act 1997) is instead criminal, or at the very least quasi-criminal, in nature which warrants an investigation by the concerning authority. As such it is foreseeable that such investigation will lead to interference and overlaps with the on-going police investigation under the Penal Code.
Then again, and to be fair to DSAI, the law provisions are there for him to exhaust. And just like any of us, he is entitled to seek any legal redress available to him. But to what extent such manipulation of both civil and shariah laws provisions could meet the end of justice is yet to be seen and tested.
2 comments:
Desperate times call for desperate measures.
Maybe DSAI is taking the right step... The problem with the investigation is, if there is enough evident, then DSAI is in danger of going to court ... And that may lead to negative consequences...
I think DSAI have his own strategy.
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