Mamat bin daud

Mamat Bin Daud & Others Vs. Government Of Malaysia (1998) 1 M.L.J. 119

Facts: The petitioners were charged for an offence under section 298A of the penal code for doing an act which is likely to prejudice unity among persons professing the Islamic religion. They were alleged to have acted as an unauthorized Bilal, Khatib and Imam at a Friday prayer in Kuala Terengganu without being appointed under the terengganu Administration of Islamic Law Enactment, 1955.

The Issue is whether the said Cestion which was enacted by the Parliament by an amending Act in 1983 in ultra vires Article 74(1) of the Federal Constitution, since religious matters are reserved for the state legislatures and therefore beyond the legislative competency of Parliament.

The respondent contended that the Section was valid because it is a law passed by Parliament on the basis of Public Order, internal security and also criminal law according to Article 11 clause (5) and items (3) and (4) of List 1 of the Ninth...