Court rejects preacher’s bid to extend teaching ‘tauliah’

 Court of Appeal also rules the Selangor religious authorities are empowered to impose regulations to stop preachers from being involved in politics.

The Court of Appeal has dismissed preacher Ahmad Dusuki Abd Rani’s appeal against the Selangor religious authorities’ refusal to grant him authorisation to preach Islam in the state with costs of RM35,000.

PUTRAJAYA:

 The Court of Appeal has dismissed former preacher Ahmad Dusuki Abd Rani’s appeal to compel the Selangor religious council to extend his “tauliah” (authorisation) to preach beyond its expiry date three years ago.

A three-member bench chaired by Justice Zaini Mazlan said the courts cannot substitute their own decision for that of a public authority in matters involving discretion.

“The mandamus order sought would compel the performance of a subsisting public duty. It cannot revive an approval which has lapsed unless a statutory obligation to reinstate is established,” he said.

Zaini said Dusuki had not identified any statutory provision imposing a mandatory duty on the council to reinstate his expired “tauliah”.

The judge also said the preacher had not established a legal right to the automatic renewal of his “tauliah” and that the mandamus order sought would allow him to secure the extension without having to make a fresh application.

“We are of the view that such relief would effectively bypass the regulatory framework governing the issuance of a ‘tauliah’,” he said.

Zaini, who sat with Justices Alwi Abdul Wahab and Evrol Mariette Peters, said the High Court had not committed any error to warrant appellate interference.

“It is settled law that an appellate court will not interfere with the exercise of discretion unless it is shown that the court below acted on a wrong principle, failed to consider relevant matters, or where the decision is plainly wrong,” he said in his broad grounds of judgment.

Dusuki, represented by Jamil Yaacob and Ashok K Raman, was also ordered to pay costs of RM35,000 to the council and its tauliah committee, the respondents in the proceedings.

He was issued a tauliah to preach Islam in the state by the respondents, which was revoked on March 3, 2022, although it was only due to expire on June 30, 2023.

Dusuki filed a judicial review application in the Shah Alam High Court challenging the revocation and asked the High Court to compel the respondents to extend the tauliah beyond its expiry date.

He also sought damages and a declaration that the respondents could not restrain him from preaching in the state on account of his involvement in politics.

On Oct 5, 2023, the High Court quashed the revocation, ruling it was null and void.

The High Court, however, refused to extend the tauliah’s validity beyond its stated expiry date or grant the declaration sought, giving rise to the present appeal.

Zaini said the High Court did not err in accepting the respondents’ explanation that they were entitled to withhold authorisation on account of Dusuki’s involvement in politics.

“We agree that the respondents were entitled to set such a regulation under Section 118 of the Administration of the Religion of Islam (State of Selangor) Enactment 2003,” he added.

The Court of Appeal also said a public law wrong does not automatically entitle a claimant to damages.

“An applicant must establish an independent cause of action recognised in private law before damages may be awarded,” he said, adding that Dusuki neither pleaded nor proved any such action recognised in private law.

The respondents were represented by lawyer Arham Rahimy Hariri. - FMT