Question is can a syariah court offence lead to disqualification as MP?
KLANG — January 19, 2017: Shah Alam Member of Parliament Khalid Abdul Samad was today fined RM2,900 by the syariah lower court here today for teaching Islam without authorisation at a surau in Klang six years ago.
Judge Mohd Hairuddin Ab. Rahim also sentenced Khalid, 60, the Parti Amanah Negara director of communications, to three months’ jail in default. He paid the fine.
With this Khalid may be disqualified as an MP, based on Article 48 (1) (e) of the federal Constitution. He said will file an appeal against the conviction and sentence.
The constitution says an MP will be disqualified from holding the post if he is sentenced to over a year’s jail or fined more than RM2,000.
Hairuddin said he made the decision after taking into consideration Khalid’s age, his heart problem and the many welfare activities he has been carrying out for the community.
The judge also said the sentence was to serve as a lesson to the parliamentarian and public not to repeat the offence.
The sentence also took into consideration that Khalid had not pleaded guilty but had claimed trial, which took a long time, with the costs borne by the government.
Khalid committed the offence at the Taman Seri Sementa surau in Kapar on Aug. 16, 2011.
On his position as an MP, Khalid said outside the court that he was not sure if Article 48 (1) (e) of the federal Constitution could be applied in cases before the syariah courts. — Bernama