The Criminal Court postponed Sheikh
Ibrahim Fareed’s trial until the High Court reaches a decision over
certain clauses in the Religious Unity Act (Law no. 6/94). This happened
when Islamic Foundation of the Maldives filed an appeal in the High
Court for a clear judgment on the clauses 2 (a) and (b) of the law 6/94,
stating they contradict the existing constitution.
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| Fareed handcuffed by police |
Islamic Foundation recommends the High
Court to review into the matter and issue a ruling to remove these
clauses from the law. The appeal by IFM got filed in the High Court on 9
February 2011, Wednesday.
The clauses 2 (a) and (b) of law no.
6/94 states that preaching or teaching religion and judging matters
concerning religion has to be done with written permission from the
President or a designated authority.
However, the article 27 of the Maldivian
constitution states, “Everyone has the right to freedom of thought and
the freedom to communicate opinions and expression in a manner that is
not contrary to any tenet of Islam.” Also the article 29 states,
“Everyone has the freedom to acquire and impart knowledge, information
and learning.”
In today’s court hearing over Sheikh
Fareed’s alleged violation of the Religious Unity Act (6/94), Shaheem
Ahmed, his defence lawyer said the clauses 2 (a) and (b) in 6/94, under
which Sheikh Fareed is charged rendered invalid as they contradict the
article 27 and 29 of the new constitution.
In the court hearing held today the
state attorney confessed that Sheikh Fareed is prosecuted not under the
existing constitution ratified in 2008, but under the dissolved
constitution.
In today’s proceedings, the presiding
judge questioned the state attorney whether he knew Sheikh Fareed
currently holds any written permission to preach religion. He replied
saying they did not know anything about it. The judge then demanded to know
from Sheikh Fareed if he possessed any such credentials from the
authorities. The judge was then handed to see a valid permission granted
to Sheikh Fareed by the designated authorities to preach religion.
Sheikh Fareed, the renowned scholar is
alleged to have preached religion when his license to preach remained
suspended between 2003-2007.
...............................................................Written by: Ibrahim Nazim
10 February 2011, Thursday
7 Raby` al-awal 1432
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