“Where was Hadi when his former deputy was granted a DNAA?” former lawmaker asks
According to former Permatang Pasir assemblyman Muhammad Faiz Fadzil, the DNAA was a procedure that exists in all judicial and legal systems, including in the Syariah law.
(Focus Malaysia) – PAS president Tan Sri Abdul Hadi Awang’s claim that there is no discharge not amounting to an acquittal (DNAA) or executive interference in Islamic justice is misleading and has no basis, said a former lawmaker.
He also slammed Hadi for keeping mum about the matter when the courts granted a DNAA to former PAS deputy president Datuk Dr Nasharudin Mat Isa was granted a DNAA over 16 counts of criminal breach of trust (CBT) by the Sessions Court in 2020.
“If it’s true DNAAs do not exist in Islamic justice, why did he (Hadi) not advice former deputy president Datuk Dr Nasharudin Mat Isa to not accept the court’s decision of a DNAA on Nov 4, 2020 over his 16 counts of CBT?” Faiz questioned in a statement today (Sept 14).
“Is it possible that Ustaz Hadi’s ‘book’ on the issue has yet to exist?”
Faiz said this in response to Hadi’s statement in the Dewan Rakyat yesterday (Sept 13) when the latter had criticised the prosecution’s recent decision to withdraw all 47 charges of CBT, graft and money laundering faced by Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi.
Hadi had also said there is no DNAA or executive interference in the administration of justice in Islamic jurisprudence.
Faiz, who is also a lawyer, said this is not true as even Section 103(1) of the Syariah Criminal Code Enactment (Terengganu) 2001, which was enacted when Hadi was the Terengganu menteri besar, contained elements of DNAA.
Faiz said the existence of the DNAA allowed the prosecution to seek a suspension of court proceedings if the prosecution believed that there were grounds to do so.
Elaborating, Faiz said it was documented that Prophet Muhammad had once ordered a woman who admitted to committing adultery to return home due to the lack of evidence in the matter.
“Is that the same as DNAA in this context? Prosecutors have withdrawn a charge after considering that there is not enough evidence or that further investigations must be conducted,” he remarked.
“Doesn’t Islam have the concept that it is better to free 10 guilty persons than punish one innocent person?”