Insulting Islam – heavy sentence for first timers excessive, says ex-mufti

The 10-year sentence imposed on a first-time offender who insulted Prophet Muhammad is excessive, said former Terengganu mufti Ismail Yahya (above).

The Star today reported Ismail's reaction towards the case of 22-year old Alister Cogia from Sarawak, who was sentenced to 10 years and 10 months jail by the Kuching Sessions Court after he pleaded guilty to insulting the Prophet in a Facebook post.

“Islam is not upheld through punishment but through wise discourse. It is not a religion which was expanded through emotion but through the understanding of its ideas,” he told the daily.

He said Muslims should be able to portray the wisdom of Islam without punishing the ignorant and ensure that they do not portray Islam wrongly to the non-Muslims.

The Star also quoted Malaysian Bar vice-president Abdul Fareed Abdul Gafoor echoing the same sentiment as Ismail in saying the 10-year jail term was excessive since it did not involve violence or physical injury.

“Sentencing must be judicially assessed as the purpose of sentencing is for the offender to reform and not used to retaliate,” he said.

Fareed said since the accused had pleaded guilty and was a first-time offender, the sentence should have not been that harsh.

“In short, justice must be tempered with mercy," he said.

The same report also quoted Penang mufti Wan Salim Wan Mohd Noor (above) as saying that punishment should be tempered with compassion to educate the guilty.

He said a few factors must be taken into consideration when sentencing the accused.

"In Islam, we do take into consideration a few factors before we hand down a sentence on a person accused of insult. I am not a man of the law but if there is evidence that the insult did occur, we must see if the accused is stable mentally.

“If he is not mentally stable, then his mental health should be taken into consideration although crime is still a crime. If there is an avenue to lighten the sentence, then the reduction should be allowed."

He said if the accused was a first-time offender, the maximum sentence should not be imposed.  - Mkini