Without feeling guilty, without shame and without fear of Allah (swt), the Selangor Islamic Religious Department (JAIS) has charged three sisters of Hizb ut Tahrir, along with two others, at the Shah Alam Shariah Lower Court on 29/01/2020 for an offense of ‘insulting the religious authorities’. Four of them were arrested on 28/07/2019 in a raid by JAIS at a cafe at the Shah Alam PKNS Complex, and another one was arrested on 31/07/2019 while attending the JAIS headquarters to give statement. Those charged were Kalsom Binti Abu, 65, Norliahani Binti Abdul Basir, 43, and Nor Hazan Binti Bachok, 41. The other two were children of the cafe’s owner, Nur Afiqah Fatnin Binti Mohd Latif, 26, and Muhammad Arfan Firas Bin Mohd Latif, 20 who were looking after the cafeteria at that particular time for their parents were off to Hajj. All of them were charged under Section 12 (c) of the Shariah Criminal Offences (Selangor) Enactment 1995, except for Kalsom Binti Abu who was also charged under Section 12 (b) of the same Enactment, which carries a maximum fine of 3,000 RM or jailed up to two years or both, upon conviction.
Even though we have repeatedly reminded JAIS of the defamatory fatwa against Hizb ut Tahrir that led to this prosecution, as expected, JAIS continued with their action. That is the attitude of JAIS who turns back on reminder and does not fear Allah (swt) with their cruelty! In the arrest and prosecution of Muslimah of Hizb ut Tahrir, JAIS had from the beginning, violated the Hukm (Divine Law) when they sent their spies to sneak into the program before raiding. This act of spying (Tajassus) is a clear violation of the order of Allah (swt) in Surah Al-Hujurat (49) verse 12. Tajassus on Muslims is clearly prohibited by Allah (swt) and this has what been done by JAIS, without feeling any guilt!
In addition, JAIS had acted beyond their jurisdiction and transgressed the law when they seized the hand phones of Norliahani and Nor Hazan during the process of taking statement. The JAIS investigating officers had also acted immorally by speaking harshly, raising their voices and threatening the sisters of Hizb ut Tahrir while taking statements. Moreover, one of the investigating officers had accused the sisters of Hizb ut Tahrir as “criminals”, a very serious accusation, casted on a person not evidently found guilty as yet!!! Can such a party be expected to establish the law!? Can such a party be expected to establish the Hukm!? Can such a party represent an Islamic law enforcement body!? With the way they acted since the very beginning, it is not surprising that JAIS is so keen and has lost any fear of Allah (swt) in prosecuting the sisters of Hizb ut Tahrir.
JAIS has thus far dragged seven brothers of Hizb ut Tahrir to the Shariah Court under the offense of insulting the religious authorities. With the latest charge on three sisters of Hizb ut Tahrir and two others, making the number twelve, been arrested and tried in court as a result of a defamatory fatwa issued by the Selangor Fatwa Committee on Hizb ut Tahrir. Indeed, JAIS has lost its shame and fear to Allah (swt) by dragging the preachers (Daie) to court for fictitious crimes! It was as if no more crimes and criminals in Selangor that JAIS is chasing after the Daie and make them criminals! While the largest liquor factory is still standing strong in Selangor; while the liberal groups are increasingly eager in issuing devious statements and organizing various programs in spreading their doctrine and influence; while social crisis is getting worse and worse; while the voices of the Kuffar is getting louder and louder in their hatred of Islam; while politicians increasingly abandon Islam from their ruling – rather than working to fight and change these, JAIS instead hunts the Daie to make them criminals!
Finally, we would like to express that, if JAIS thinks that the arrests and prosecution of our members will weaken or stop Hizb ut Tahrir from carrying the Da’wah, JAIS has made a big mistake. Verily, this Da’wah belongs to Allah (swt) and it is He who protects it. He will protect those who sincerely carry this Da’wah in His course and it is He who will ensure this Da’wah continues. The more Da’wah in His way hindered, the wider it will spread by His will and power. This is Sunnatullah. He has already granted victory to His Messenger ﷺ and the early generations despite the huge efforts of His enemies to halt the Da’wah, and it is He, who will once again, grant this latest generation a great victory no matter how much effort is done to prevent the Da’wah. The only difference is, earlier, the Da’wah was impeded by the Kuffar, but it is now impeded by those who admit themselves as Muslims and claimed as guidance of Islam! La hawla wa la quwwata illa billah!
Abdul Hakim Othman
Spokesperson of Hizb ut Tahrir in Malaysia
Tuesday, 10th Jumada II 1441 AH
Ref: HTM 1441 / 06