Art Harun poses this not so hypothetical conundrum on the mother of jurisdictional problems that may arise if Kelantan implements Hudud law. Solutions in the comments section, please.
Wan Ismail (no relation to anybody, whether dead or alive) was born in Melaka. His father comes from Kelantan. His mother from Melaka. When he was 17, his parents divorced. He followed his father and lived in Kelantan. He is of course a Muslim.
While in Kelantan, he sometimes went across the river to Golok for some earthly fun, like drinking alcohol and fornication with some women. But when in Kelantan, he fervently prayed and fasted. Wan Ismail now lives in Penang but he frequently commutes between Penang, Kuala Lumpur and Kota Bharu.
Wan Ismail established a private limited company (Hambo Gomo Sokmo Sdn Bhd) and registered the company in Kuala Lumpur. The company has an office in Kuala Lumpur as well as places of business in Kota Bharu, Johor Bharu, Alor Star and Singapore. It also have bank accounts in those towns.
The shareholders and the directors of Hambo Gomo Sokmo S/B were Wan Ismail himself, his friend, Ali Serbat and Ashton Ang Lai Leng. Ali Serbat was a Pakistani from Pakistan. Ashton Ang, a Christian, was from Kuala Lumpur.
Hambo Gomo’s business grew and there were some money in those accounts. Each of the shareholders have cheque books and ATM card for those accounts.
Wan Ismail withdrew a lot of money from the Kuala Lumpur accounts. These withdrawals went unaccounted. He also went to Singapore to withdraw money. Ashton Ang said Wan Ismail withdrew money in Singapore to go to the casino as well as karaoke in Singapore.
Fed-up with Wan Ismail’s antics, Ashton Ang lodged a police report in Singapore as well as Kuala Lumpur against Wan Ismail for thefts and criminal breach of trust.
Ali Serbat was also furious. He lodged a report against Wan Ismail in Kelantan at the Syariah Enforcement office.
The Singapore commercial affairs department completed their investigation and wanted to charge Wan Ismail in Singapore. The Singapore government made an extradition request to the Malaysian government.
The Kuala Lumpur police also completed their investigation. The Attorney General wanted to charge Wan Ismail in the Kuala Lumpur Sessions Court.
The Kelantan Syariah enforcement unit also wanted to charge Wan Ismail under the Kelantanese Hudud Enactment in Kota Bharu.
Meanwhile, Hambo Gomo Sokmo Sdn Bhd launches a civil suit against Wan Ismail for fraud, breach of trust and breach of fiduciary duties in the Kuala Lumpur High Court.
Wan Ismail comes to you for legal opinions and advice.
Advise him on the following:
i) Which Courts have jurisdiction over the matters;
ii) What Constitutional issues arise from the matters; and,
iii)What are the possible Constitutional solutions in the matters.
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