A former PAS leader has chastised party president Abdul Hadi Awang for saying that there is no discharge not amounting to an acquittal (DNAA) in Islam.
Khairuddin Aman Razali - who is now on Umno's ulama council - said Hadi's assertions went against the tenets of Islamic justice.
"The Marang YB (Hadi) is getting more confused about Islamic law.
"DNAA is part of the basic Islamic framework al-aslu bara'atu zimmah," he said.
Al-aslu bara'atu zimmah is similar to the concept of presumption of innocence, and literally translates to one is at first free from responsibility.
Khairuddin (above) said this meant that a prosecutor is allowed to let an accused go if there is a need for further investigations.
Hadi made the remarks about there being no DNAA in Islam in the Dewan Rakyat today.
He cited the story of how Ottoman ruler Sultan Muhammad Al-Fateh - also known as Mehmed the Conqueror - was found guilty of wrongly having a non-Muslim architect's hand chopped off.
However, the non-Muslim architect chose compensation for life instead of asking for the ruler's hand to be chopped off as well - which Hadi said showed that the power to pardon, demand equal action, or accept compensation was at the discretion of the complainant.
“This happened, and this shows that there is no DNAA in Islam. There must be a punishment,” he said.
Hadi was most likely commenting on the case of Deputy Prime Minister Ahmad Zahid Hamidi, who was granted a DNAA after prosecutors withdrew corruption charges against him in the Yayasan Akalbudi case.
Prosecutors had cited the need for further investigations as being one of the reasons the charges were withdrawn.
Khairuddin said that Hadi's remarks appeared to encourage the rakyat to think that anyone charged is immediately guilty.
"This is very wrong and goes against Islam," he said. - Mkini
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