The federal constitution clearly does not differentiate between a civil, criminal or shariah court on sentences passed on any elected representative including Members of Parliament, says Assoc Prof Dr Shamrahayu Abdul Aziz.
She said Article 48(1)(e) of the federal constitution says that an MP would lose his eligibility as a member of the Dewan Rakyat when convicted by a court in the federation and jailed a minimum of one year or fined not less than RM2,000.
“The question is, does it include conviction by a Shariah Court which is a state court.
“In my view, even though a Shariah Court is a state court, it is a court in the states of the federation, not a court outside of the federation like foreign countries,” she told Bernama.
Asked whether Khalid’s eligibility as MP will be automatically rescinded following his conviction, the Institute of Islamic Understanding Malaysia (Ikim) Centre for Shariah, Law and Politics fellow said the disqualification would be effective 14 days from the date he was convicted and sentenced.
In Khalid’s case, Shamrahayu said the MP had submitted an appeal against his conviction, as such he would remain an MP until the appeal process reached the final stage.
“If the appeal was rejected by the high court, the disqualification will also be effective 14 days from the day his appeal is turned down,” she said.
However, Shamrahayu said if the appeal at the highest court was rejected, Khalid could still proceed with the pardon process.
“The application for pardon could only be carried out after exhausting all court processes. It means all appeals decided at the highest level, in the case of the Shariah Court, it would be the Shariah Appeal Court.
“The management process of a pardon will be carried out by the Pardons Board. Should the pardon petition be rejected, he then loses his MP eligibility immediately,” Shamrahayu said.
Shariah judge Mohd Hairuddin Ab Rahim also sentenced Khalid, 60, who is Parti Amanah Negara communications director to three months’ jail if he failed to pay the fine.
He paid the fine.
Khalid was found guilty of preaching without accreditation at a surau in Jalan Taman Seri Sementa, Klang between 10pm and 11.30pm on Aug 16 in 2011.
He was charged with the offence under Section 119(1) of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 which carries a maximum fine of RM3,000 or a maximum of two years jail or both.