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Kuala Lumpur, Malaysia, Tuesday August 23, 2005 - Two members of the "Sky kingdom" sect are seeking a ruling from the Malaysian Federal Court on their right to freedom of religion under the Malaysian Constitution.
Definition: Ustazah - a religious teacher.
Syariah - shar-ee-ah - Muslim religious court
Fatwa - a religious edict
If Kmariah Ali, a former ustazah, and Daud Mamat get to argue their case before the highest court in the land, several thorny issues, including whether the Malaysian Federal Constitutio is superior to the syariah laws, could be resolved.
The High Court here today fixed October 3 to hear their application to refer the matter to the Federal Court.
The decision was made by judge Datuk Md Raus Sharif after hearing an application from counsel Malik Imtiaz Sarwar and Sunil Lopez.
Kamariah, 54, (picture) an Daud, 63, nmed the Terengganu Islamic Religious and Malay Customs Council and the Terengganu Government as the first and second defendants respectively.
In the originating summons, the two are seeking several declarations, namely:
on their right under Article 11(1) of the Federal Constitution to profess and practice any religion that they so chose,
on their right to profess and practise a religion on their own free will and not be dictated by any other declaration or confirmation from others,
that Article 11(1) of the Constitution bypasses the Syariah Criminal Offence Enactment (Takzir) (Terengganu) 2001,
tat the Syriah Criminal Offence Enactment (Takzir) (Terengganu) 2001 could not be used against them as they had made a declaration to renounce Islam.
Kamariah and Daud were among followers of Ariffin Mohamad alias Ayah Pin who were detained and later charged at the Terengganu syariah court earlier this month.
A fatwa by the Terengganu mufti declared Ayah Pin a deviant and prohibited any kind of involvement with him or his teaching.
It also described him as a threat to public order and Islam.