Shah Alam, Malaysia - A businessman who was named in a letter as being part of a banned sect is suing the Selangor Islamic Affairs Department (JAIS) and the State Government for libel in implying he is an apostate.
In what is believed to be the first case of its kind, Shahridzal Mohamed Rafi is claiming RM500,000 in damages in the suit filed in the High Court today against the director of JAIS, its assistant director, the Selangor Government and four others.
This follows a letter issued by the assistant director of the department, Abd Malek Ramli, on July 22, which identified him as a follower of the banned sect Tarikat Naksyabandiah Kadiron Yahya.
He claimed that by doing this, the department was in effect alleging he was an apostate.
This is the first known case of a Muslim filing a civil suit against the department for making such allegations which he claimed were baseless, as he had not been arrested nor charged with being a deviant follower at the Syariah court.
In his statement of claim, Shahridzal is seeking a declaration that the defendants make a public apology to him for the libel and false publication and offer the apology in newspapers.
He is also seeking an injunction by the High Court to prevent the defendants from repeating or spreading such libel and slander and also seeking RM500,000 in exemplary damages.
Shahridzal in his statement said the episode started when Nasroliza Nasrollah (his former wife) submitted an affidavit on July 17 in her divorce claim alleging that he was a deviant follower of the banned sect.
"I was surprised that Malek, in his letter on July 22 sent to some of the defendants, identified me as a follower of the banned sect which has Madrasah Darul Amin, Batu 17 1/2, Rawang as its centre.
"In the letter, it affirmed that the Tarikat Naksyabandiah Kadiron Yahya was declared deviant on Aug 3, 1985," he said.
The statement implied that he was a follower, a practitioner and also that he was an apostate. It also implied that he was a Syariah offender who was sentenced and fined under the Selangor Syariah Offences Enactment 1995.
Shahridzal claimed that Malek and the department were careless in their work for making the claims in the letter.
As a result, Shahridzal claims, he suffered mental anguish, depression and loss of confidence when facing society.
Shahridzal said the accusation had also affected his Umno political career as he was a committee member of the party’s Gombak branch youth wing.
He added that the department’s acting deputy director, Mohamad Shahzihan Ahmad had on Oct 17, acknowledged the department’s mistake and since apologised, but he was seeking a public apology in the matter.