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10 APRIL 2024

Friday, January 13, 2012

Is it all right to use tithe funds to pay legal fees?



Is it all right to use tithe funds to pay legal fees in defending persons who abuse their positions as officials of the Federal Territory Islamic Religious Council (MAIWP)?

This question was posed by PKR in its response to the Federal Territory Islamic Affairs Department (Jawi) director, Che Mat Che Ali’s and a mufti’s comments on justifying the use of tithe funds.

NONEIn a statement, party secretary-general Saifuddin Nasution Ismail (left) said the officials claimed that they are asnaf (rightful people to use tithe) as they are defenders of the council and also the religion.

“However, they have abused their positions in hampering investigations and also prevented the prosecution from taking action against the accused Mohd Saiful Bukhari Azlan by charging him with qazaf(false declaration).”

He said the three, Jamil Khir, Che Mat and chief prosecuting officer Shamsuddin Hussain, were summoned by Pakatan de facto leader Anwar Ibrahim, as they are believed to have influenced the prosecution in not charging Saiful.

NONESaifuddin said as early as 2008, Jawi had completed investigations and handed its papers to the prosecution but results were not forthcoming.

“It is Anwar’s right to defend himself of the sodomy charge, as he had taken the matter to Jawi, and assisted in its investigation.

"Saiful (left) was also investigated but in the end, the person lodging the complaint has to make the application.

“The qazaf application has also opened up the abuse of tithe funds, resulting in the officials involved to face legal action,” he said.
            
‘They are not defending Islam’

Saifuddin asked if the three are allowed to abuse their positions and use tithe funds to pay their lawyers.

“It is clear their actions are not towards defending the sanctity of Islam, but preventing the implementation of Islamic law,” he said.

In Islam, at least four relevant witnesses have to be produced to support an allegation.

NONESaifuddin said Jamil Khir (right) is trying to hide the fact that the tithe money has been repaid and that it was not abused. However, his deputy Dr Mashitah Ibrahim, the mufti, the Jawi director and the Audit Report had verified that tithe funds were used initially to pay the lawyer.

Saifuddin said that former senior police officer Mat Zain Ibrahim has equated the case to an imam in Kulai, Johor, who was sentenced to four years’ jail and given three strokes of the cane for abusing tithe funds.
“If an imam in Johor can face action, why there is no action from the police to investigate Jamil Khir’s, Che Mat’s and Shamsuddin’s caper.

“If that is not bad enough, the lawyer, Zainul Rijal Abu Bakar, was hired to represent them, and then was appointed MAIWP councillor on July 25. However, council members have the right to nominate a judge to hear the case,” he said.

Anwar’s qazaf application is to be heard on Jan 30 at the Syariah Court of Appeal and Saifuddin has called for a proper explanation to be given on the issues he has raised.

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