Withdrawn: Married couple’s law suit against the Federal Territories Islamic Religious Department (JAWI) for raiding and arresting them for khalwat…

4 January 2018

Khalwat raid – couple withdraw suit against Jawi

Published:     Modified:

A couple who created headlines last year when they sued the Federal Territory Islamic Affairs Department (Jawi) for raiding their hotel room and detaining them for khalwat withdrew their suit against the enforcement agency today.

Mohd Ridhuan Giman, 35, told Justice Nordin Hassan at the Kuala Lumpur High Court that he wished to withdraw the case as he was self-employed and facing financial difficulties. His wife Siti Sarah Maulad Abdullah was not present.

Ridhuan also said he was facing two other cases at the Syariah court and civil court and wished to focus on these two proceedings.

Following this, Senior Federal Counsel Kamal Azira Hassan and Zuhrin Elina Mohd Dom, representing Jawi and the Prime Minister’s Department, sought costs amounting to RM10,000 plus an apology from the couple.

Justice Nordin, however, ordered Ridhuan to pay RM3,000 costs with no order for an apology. The court then struck off the suit. The matter was initially fixed for hearing for three days beginning today.
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It is understood that Ridhuan and Sarah are facing Syariah charges regarding the raid and for allegedly giving false evidence.

Read more at https://www.malaysiakini.com/news/407517#rWb1eJDJOMLojVtT.99

The couple are suing for wrongful arrest, wrongful confinement, trespass to person, violation of privacy, tort of abuse of office and violation of their fundamental liberties under the Federal Constitution.
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According to the couple’s court filing, the Jawi raid team comprised eight officers, seven who were male and had forcefully entered their room despite Mohd Ridhuan telling them his wife — in a singlet and shorts — was underdressed.

The male enforcers allegedly refused to leave the room even after the husband presented photos of their wedding and their Jawi-issued marriage certificate, and instead ordered Siti Sarah to dress in front of them.
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They sued two of the Jawi enforcement officers who have been identified as Mohd Shiham Ramli, Mohammad Izehar Md Amin; Jawi enforcement division’s senior chief assistant director, Jawi director-general, Jawi, the Prime Minister’s Department and the government of Malaysia.

According to The Star, the couple yesterday succeeded in getting the close-circuit television (CCTV) recordings and documents related to the January raid from the hotel’s management, while the case will come up for case management on May 31. 

http://www.themalaymailonline.com/malaysia/article/jawi-admits-nabbing-married-couple-for-khalwat-but-denies-wrongdoing

5 May 2017

6h6 hours ago

Jawi maintains no wrongdoing in arrest of married couple
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PETALING JAYA: The Federal Territories Islamic Affairs Department (Jawi) has denied any wrongdoing in the arrest of a couple nabbed for khalwat (close proximity) earlier this year, The Star reports.

Although admitting that Mohd Ridhuan Giman, 34, and Siti Sarah Maulad Abdullah, 26, had a valid marriage solemnised on Oct 17, 2014, Jawi claimed it had acted on a public tip-off received the night before the raid.

The Star cited a statement of defence by Jawi which said the couple’s arrest was lawful as they had failed to provide proof that they were married.

But it also highlighted suspicions raised during the investigation that the phone number of the informant belonged to either Ridhuan or Siti Sarah.

http://www.freemalaysiatoday.com/category/nation/2017/05/05/jawi-maintains-no-wrongdoing-in-arrest-of-married-couple/

29 April 2017

Married couple suing Jawi for wrongful arrest wants explanation

KUALA LUMPUR: A married couple suing the Federal Territory Islamic Religious Department (Jawi) and six others for wrongful arrest now wants to know the identities of the officers who raided their hotel room.

They had been arrested for khalwat (close proximity) in January although they showed the officers a photograph of their marriage certificate.

Self-employed Mohd Ridhuan Giman, 34, and his wife Siti Sarah Maulad Abdullah, 26, are applying to the Attorney-General’s Chambers (AGC) to provide details of the eight Jawi officers involved in the raid.

“We want to determine … if they are genuine Jawi officers,” their lawyer Adam Luqman Amdan told reporters after the proceedings in chambers.

Adam said his clients also want to obtain certain documents from Jawi through the AGC, including the papers filed by the religious authority at its headquarters in registering the couple’s arrest.

“We want to know the basis of their arrest. We are also asking for photographs and a video recorded by Jawi officers on the day of the raid to know the questions they posed to my clients,” he said.

He added that Jawi would have four days from April 26 to respond through the AGC.

“If our request is not accepted, we will file formal applications with the court for an order,” said Adam.

He added that they filed an application on Thursday to obtain documents from the management of the hotel where the raid took place, as well as its CCTV recording, photographs and the room layout.

He said High Court judge Justice Nor Bee Ariffin has set May 3 to hear the couple’s application and would send a notice to the hotel management to attend the hearing.Federal Counsel Shaiful Nizam Shahrin, from the AGC, confirmed the discovery hearing and added that the judge has set May 31 for case management.

The couple, who filed the lawsuit on Feb 17, claimed that they have been married for over two years.
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The couple said they were staying in a budget hotel here on Jan 8 when eight Jawi enforcement officers raided their room at 1.30am.

In their statement of claim, they said several male officers forcefully entered their room although Mohd Ridhuan informed them that his wife was not properly dressed.

Mohd Ridhuan, who said he suffered neck injuries during the raid, added that he showed the officers photographs of their marriage certificate and wedding on his cellphone but the officers did not accept it.

He claimed that the officers were determined to arrest them and directed his wife, who was clad only in a singlet and shorts, to put on her clothes in front of them.

They were arrested for khalwat and taken to a police station and the Jawi office.

They are seeking an apology, various damages and declarations over wrongful arrest, wrongful confinement, violation of privacy, trespass, and abuse of office on the part of the enforcement officers; and claiming violation of fundamental liberties under the Federal Constitution, Syariah Criminal Procedure (Federal Territories) Act 1997 and other relevant laws.

Read more at http://www.thestar.com.my/news/nation/2017/04/29/married-couple-suing-jawi-for-wrongful-arrest-wants-explanation/#P6M4IdOxGD0lui2i.99

14 March 2017

13h13 hours ago

jia Retweeted Hilmi Adi Ruzaini

One of the reasons why I loathe khalwat raids

jia added,

12 March 2017

..

Pray tell, now all couples should have their marriage certs with them at all times. You’ve been warned!

Khalwat raids: When proof of marriage becomes essential

March 12, 2017

http://www.freemalaysiatoday.com/category/nation/2017/03/12/khalwat-raids-when-proof-of-marriage-becomes-essential/

..

FMT

Khalwat raids: When proof of marriage becomes essential

March 12, 2017
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za

KUALA LUMPUR: A Selangor Islamic Religious Department (Jais) officer has spoken up in defence of the religious authorities accused of arresting a married couple for khalwat (close proximity) last month despite them having a marriage certificate.

At a forum on Islamic family law, Hairul Nizan Mhd Idris, who works under the preaching department for Jais’ Hulu Langat division, said that most of the time arrests are made if the husband is unable to provide sufficient evidence that the woman he is seen with is his wife.
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Hairul explained the process for any particular raid to be carried out. He pointed out that a raid would only take place if there was a complaint.

“If there is no complaint, then we don’t come. If there is a complaint, then as religious authorities we have to act.

“When we come to the hotel and see that the person’s car is parked outside and we know without a doubt that the couple is inside the hotel room, we will knock on the door and say Assalamualaikum (the standard Muslim greeting) three times.”

He said only when there is no answer, although they know there are people inside, do the religious officers get the keys to the room from the reception and come in.

“If the husband answers and says ‘I am with my wife and I don’t allow you to enter’ then, naturally, we will ask for proof that the woman is indeed his wife.

“If he can provide proof, then that’s that. If he can’t, that’s when we take action.”

In the case involving the married couple, the husband’s lawyers said even though the husband, Mohd Ridhuan Giman, had informed the religious officers that his wife was not decently dressed, a male officer barged into the room and even taken pictures of her.

Hairul, however, said this was an unlikely story.

“I want to point out here that we knock and say Assalamualaikum three times and only come in after we’ve been waiting for a long time. That should be more than enough time for a woman to cover her aurat (intimate parts).”

“I want to point out here that we knock and say Assalamualaikum three times and only come in after we’ve been waiting for a long time. That should be more than enough time for a woman to cover her aurat (intimate parts).”

http://www.freemalaysiatoday.com/category/nation/2017/03/12/khalwat-raids-when-proof-of-marriage-becomes-essential/

17 Feb 2017

The couple are suing for wrongful arrest, wrongful confinement, trespass to person, violation of privacy, tort of abuse of office and violation of their fundamental liberties under the Federal Constitution.
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12m12 minutes ago

Married couple sues JAWI after traumatic khalwat raid

By Ida Lim

KUALA LUMPUR, Feb 17 — A husband and his wife today sued the Federal Territories Islamic Religious Department (JAWI) for raiding and arresting them for khalwat or close proximity.

Mohd Ridhuan Giman, 34, and Siti Sarah Maulad, 26, who have been married for three years, are demanding an apology from JAWI for their traumatic experience that resulted in injuries and their wrongful detention even after showing proof of their marriage.

According to their lawyer Yusfarizal Yussoff, an enforcement team from JAWI consisting of seven male officers and one female officer had raided the couple’s budget hotel room in Kuala Lumpur on January 8 at about 1.30am.

Yusfarizal said the male officers had forcefully entered the hotel room despite being told by Mohd Ridhuan that his wife inside was not dressed appropriately, adding that it resulted in a scuffle that caused the husband’s neck to be injured.

“Although the husband had repeatedly told the said officers that they are husband and wife and showed the officers the photo of their marriage certificate on his hand phone, the officers refused to accept the explanation.

“Instead, the male officers had directed the wife, in front of her own husband, to put on her clothes in front of the male officers. One of the officers kept on taking pictures and video despite being told of our client’s marital status,” he told reporters at the court complex here immediately after filing the lawsuit.

– See more at: http://www.themalaymailonline.com/malaysia/article/married-couple-sues-jawi-after-traumatic-khalwat-raid?utm_source=dlvr.it&utm_medium=twitter#sthash.4ILFjEeD.dpuf

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