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HIGH COURT MALAYA SHAH ALAM
MAQSOOD AHMAD & ORS – Appellant
Versus
KETUA PEGAWAI PENGUATKUASA AGAMA & ORS – Respondent
| Table of Content |
|---|
| 1. judicial review application for syariah court decision. (Para 1 , 2) |
| 2. judicial review concerns the legality of enforcement actions affecting a religious group. (Para 3) |
| 3. constitutional implications affecting religious practices. (Para 6 , 8) |
| 4. jurisdictional boundaries defined by legislative acts. (Para 10 , 31) |
| 5. jurisdictional questions about syariah courts and their limits concerning non-muslims. (Para 11) |
| 6. implications of fatwas issued concerning the status of religious groups. (Para 35 , 45 , 57) |
[1] This is an application for judicial review by the Applicants against the decision of the Ketua Pegawai Penguatkuasa Agama, ie the Chief Religious Enforcement Officer of Selangor (the 2nd Respondent) to issue Letters of Agreement and Bond against each of them; compelling them to appear before the Syariah Court on pain of monetary penalty for proceedings in respect of an offence under s 97(2) of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 ("ARIE"); instituted by the Ketua Pendakwa Syarie, ie the Chief Syarie Prosecutor of Selangor (the 5th Respondent).
[2] By way of background, the following facts are relevant. On Friday the 11
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