INTERNAL SECURITY ACT FOR APOSTASY

["fazlur rahman" <fazlurrahman19@hotmail.com>]

INTERNAL SECUTY ACT (ISA) FOR APOSTASY

A BILL

An enactment to provide provision for the protection, rehabilitation and 
determination of the "Aqidah" of a Muslim and matters connected therewith.

BE IT ENACTED by legislature of the State of Selangor as follows:

Short title, application and commencement

1. (I) The act shall be cited as the "Aqidah Protection, (State of
       Selangor) Enactment 2000

   (2) This enactment shall apply to the State of Selangor.

   (3) This enactment shall come into  operation on a date to be
       appointed by His Highness the Sultan by notification in the
       gazette

INTERPRETATION

2. (1) In this enactment, unless the context otherwise requires:-

"Administration Enactment" means the Administration of Islamic Law Enectment 
1989 (Enactment No. 2  90);

"attempt to change 'aqidah" means any act by a Muslim who is mukallaf on his 
own free will either by word, deed or by any means that may be interpreted 
as an attempt to change his "aqidah"  and belief towards the religion of 
Islam.

"Aqidah Rehabilitation Centre" means any rehabilitation centre as determined 
under section 14 of this enactment;

"Court" means Syariah High Court established under section 37 of the 
Administration Enactment;

"Hukum Syarak" means Hukum Syarak according to Mazhab Shafie or according to 
any of the mazhab Hanafi, Maliki or Hambali;

"Islamic Family Law" means the Islamic Family Law Enactment 1984 (Enactment 
No. 4/1984);

"Judge" means a Syariah High Court Judge appointed under sub section 38(1) 
of the administration Enactment;

"Majlis" means the Majlis Agama Islam Selangor established under subsection 
4(1) of the Administration Enactment;

"Peguam Syarie" means a person appointed as Peguam Syarie under section 55 
of the Administration Enactment;

"Religious Enforcement Officer" means the officer appointed under subsection 
54(4) of the Administration Enactment and includes the Chief Religious 
Enforcement officer;

"Secretary of the Majlis" means the secretary of the Majlis Agama islam 
appointed under subsection 11(1) of the administration Enactment;

[2]   All words and expression used in this enactment and not herein defined 
in this enactment but defined in the interpretation Act 1948 and 1967 (Act 
338), shall have the meaning thereby assigned to them respectively in the 
act to the extend that such meanings do not conflict with Hukum Syarak.

JURISDICTION OF THE COURT TO MAKE DECLARATION AND ORDER.

[3]  The Court shall have jurisdiction to:-

(a) declare that a person is no longer a Muslim.
(b) declare the religious status of a Muslim who has died; and
(c) make any other order as it deems fit in relation to the matters
    stated under paragraphs (a) and (b).

ACKNOWLEDGEMENT AS A MUSLIM

[4]   For the purpose of this enactment and any other written law, a Muslim 
shall at all time, be acknowledged and treated as a Muslim, unless a 
declaration has been made by the Court under this Enactment that he is no 
longer a Muslim.

INFORMATION AND INVESTIGATION

[5]  If from information received or otherwise, a religious Enforcement 
Officer has reason to suspect the commission of an attempt to change 
"Aqidah" by a Muslim, he shall as soon as possible investigate the matter.

POWERS OF RELIGIOUS ENFORCEMENT OFFICER IN CONDUCTING INVESTIGATION.

[6]  In conducting an investigation under section 5, a religious Enforcement 
Officer shall have ALL THE POWER conferred on him under the Syariah Criminal 
Procedure Enactment 1991 (Enactment No. 5, 1991) as if he is conducting a 
CRIMINAL investigation under such Enactment.

APPEARANCE IN COURT OF THE PERSON WHO HAS ATTEMPTED TO CHANGE AQIDAH.

[7]  (1)  if at the end of his investigation under section 5, the
          Religious Enforcement Officer is of the opinion that:-

(a) there is sufficient evidence or reasonable ground of suspicion to
    justify the commencement of proceedings under this Enactment
    against the person and,
(b) the person against whom such investigation is conducted has
    attained the age of eighteen or more

he shall make an application to the Court for a summon to be issued 
requiring the appearance of that person before the ourt and that person 
shall appear as required.

    (2) if the person who has been served with a summon under
subsection (1) is not present as required, the Religious Enforcement
Officer shall apply to the Court to issue a warrant of arrest to
secure his attendance.

POWER OF THE COURT AGAINST THE PERSON WHO HAS ATTEMPTED TO CHANGE HIS 
AQIDAH.

[8]  When a person appears or is brought before the Court under section 7, 
the judge shall:-

(a) advise such person to repent, and if the judge is satisfied that
    he has repented according to Hukum Syarak, record his repentance
    and order his release; or

(b) if the person refuses to repent -

(i) order that he be detained at the "Aqidah Rehabilitation Centre for
    a period not exceeding one year unless he has earlier repented
    under subsection 9(2); and

(ii)order the Religious Enforcement Officer to submit a report to the
    Court and the officer in charge of the "Aqidah rehabilitation
    Centre, relating to the liabilities or obligations of that person
    under the Islamic family Law not later than thirty days before
    the expiry of the period of his detention.

PROCEDURE IF THE PERSON REPENT

[9]    (1) If at any time, the person who has been ordered to be
           detained under subparagraph 8(b) (I) has repented, the
           officer in charge of the "aqidah Rehabilitation centre"
           shall prepare a report and as soon as possible produce that
           person before the Court.

       (2) If the judge is satisfied that the person brought before
           him under subsection (1) he has repented in accordance with
           the Hukum Syarak, he shall record the person'' repentance
           and order his release.

PROCEDURE IF THE PERSON REFUSES TO REPENT

[10]   (1)  If the person under detention refuses to repent, the officer in 
charge of the "Aqidah Rehabilitation Centre where he is detained shall, if -

(a) the report by the Religious Enforcement Officer indicated that the
    person has no liability or obligation under the Islamic Family
    Law, produce him before the Court before the end of the period of
    his detention, or

(b) the report by the Religious Enforcement Officer indicated that he
    has liabilities or obligations under the Islamic Family Law,
    produce him before the Court not less than thirty days before the
    expiry of the period of his detention.

(2) The officer in charge of the "Aqidah Rehabilitation Centre shall
    at the time the person is produced before the Court, submit to the
    Judge a progress report pertaining to the rehabilitation programs
    which has been carried out on such person.

(3) When the person is brought before the Judge under subsection 1 (a)
    or (b), the Judge shall again advise such person to repent, and if


(a) the Judge is satisfied that the person brought before him has
    repented in accordance with Hukum Syarak, he shall record the
    person's repentance and order his release; or

(b) the person still refuses to repent, the Judge shall after
    examining the reports submitted to him and after hearing any
    explanation for such person, record his refusal to repent, and if;

    (i)the Judge is satisfied that the person has no liability or
       obligation under the Islamic Family Law, declare that the
       person is no longer a Muslim and order his release; or,

   (ii)the Judge is satisfied that the person has any liability or
       obligation under the Islamic Family Law, section 11 will         
apply.

POWER OF THE COURT TO ORDER THE SETTLEMENT OF LIABILITY, ETC.

[11]   (1)  In the circumstances mentioned under subparagraph 10 (3) (b) 
(ii), before the Judge makes a declaration against the person, he shall 
proceed to hear the liabilities or obligations of that person under the 
Islamic Family Law as if a  DIVORCE has occurred under this Enactment.

        (2) In determining the liabilities or obligations under
subsection (1), the Judge shall hear and decide the claims of all
parties under the Islamic family Law.

        (3) When the Judge has decided on the liabilities and
obligations of the parties he shall in order:-

(a) Declare that person is no longer a Muslim and dissolve his
    marriage;

(b) Determine the person's liabilities or obligations under subsection     
(2), and

(c) Release the person unless he has earlier been released upon the
    expiry of his detention.

        (4) Where an order made by the judge is in respect of a
liquidated sum such sum is recoverable as a civil debt.



                          SYOR - SYOR

6.1. MAJLIS Mesyuarat Kerajaan negeri adalah disyorkan untuk memberi 
pertimbangan dan kelulusan terhadap:-

(a) Ketetapan polisi mengenai perlindungan, pemulihan dan penentuan "Aqidah" 
orang islam di negeri Selangor dan perkara-perkara yang berhubung dengannya 
sebagaimana yang dicadangkan diatas;

(b) Rang undang-undang Perlindungan "Aqidah" (Negeri Selangor) 2000 dalam 
versi Bahasa Malaysia dan Inggeris seperti di lampiran "A1" dan "A2", dan

(c) Rang undang-undang di (b) di atas dibentangkan di persidangan Dewan 
Undangan Negeri Selangor yang akan bersidang pada 22 - 23 Mac 2000 ini.

Disediakan oleh:-    Haji Mansur Bin Ramli
                     Pengarah
                     Jabatan Agama Islam Selangor

Disemak dan di
Sahkan oleh:-        Dato' Amir Sharifuddin Abu Bakar
                     Timbalan Setiausaha Kerajaan Negeri,
                     Pejabat Setiausaha Kerajaan,
                     Negeri Selangor Darul Ehsan.

Disahkan oleh:-      YB Dato' Dr Zainal Abidin Bin Ahmad,
                     Ahli Majlis Mesyuarat Kerajaan
                     Negeri Selangor.


Notice to the Chinese/Indian/Sikh and other converts.

In the Bahasa Malaysia Annex A 1 on page 17 it says:-

"Perangkaan menunjukkan bahawa kes "Murtad" yang berlaku di negara ini 
kebanyakannya adalah daripada kalangan muallaf, iaitu, orang-orang yang 
asalnya bukan beragama Islam, Mereka memeluk Islam kerana sesuatu sebab 
tertentu seperti ingin berkahwin dan sebagainya"

The MIC and the MCA has no choice but to support the bill. PAS will be
happy to support the bill and since the DAP is now supporting PAS,
they have to give face to their PAS brothers.

Please broadcast this message to the world particularly to the human right 
organisations.
















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