The Member of Parliament (MP) for Jerlun, Dr Haji Abd Ghani bin Ahmad, made a bold and unbacked claim when debating Budget 2025 in the Dewan Rakyat during the recent 23 October sitting, which oddly, had nothing to do with the Budget.
Taking the floor, the PAS MP questioned the Federal Government on its plans to curb "liberal Islam'" in our country, which he claimed to be spreading fast.
Jerlun MP made an allegedly slanderous statement against Siti Kasim in the Dewan Rakyat
Abd Ghani then provided the divisive figure, lawyer and activist Siti Kasim as an example of those who spread this liberal belief. He even went a step further and claimed that Siti Kasim often asserts statements and performs actions that “openly insult Islam".
The Jerlun MP added,
“For example, she asked for Tahfiz institutions to be banned. The ‘Allah’ socks issue and more. Is there a specific programme by JAKIM to habilitate these liberals?”
Siti Kasim dares the PAS MP to repeat the statement outside of Parliament
Siti Kasim has since responded to Abd Ghani's claim via an Instagram post, challenging the PAS MP to repeat his statement outside of the Dewan Rakyat if he's “brave”.
The activist asserted,
“You know I can't sue you if you make the comments in Parliament… So I challenge you to make it outside. Let's see if you can prove when and where I had insulted Islam.”
MPs have legal immunity for anything they say in Parliament
Indeed, as the Jerlun MP had made the allegedly slanderous statement in the Dewan Rakyat, Siti Kasim can't take any legal action against him for the remark.
In case you're not familiar, this is due to a form of ‘legal immunity’ bestowed upon MPs and Senators for anything said in either House of Parliament.
This ‘legal immunity’ is part of the Privileges of Parliament, which is prescribed under Article 63 of the Federal Constitution below.
Specifically, Article 63(2) established that no MP shall be liable to any proceedings in any court with respect to anything said by them when taking part in any proceedings of either House of Parliament or any committee thereof.
Meanwhile, Article 63(3) prescribed that no MP shall be liable to any proceedings in any court in respect of anything published by or under the authority of either House of Parliament.
Of course, this immunity is not absolute, as it's not applicable to:
- An offence under Clause (4) of Article 10 of the Federal Constitution
- An offence under the Sedition Act 1948
- If the MPs advocate the abolition of the constitutional position of the Yang di-Pertuan Agong as the Supreme Head of the Federation or the constitutional position of the Ruler of a State as prescribed by Articles 63(4) and 63(5) of the Federal Constitution.
However, none of the above applies to the Jerlun MP's statement in the Dewan Rakyat about Siti Kasim.
Hence, given that Abd Ghani made the allegedly slanderous statement about Siti Kasim during a Dewan Rakyat proceeding, she has no legal avenue to take action against the PAS MP.
So, what are your thoughts on this legal immunity given to MPs for anything they say in Parliament? Do share your opinion on the matter in the comments section!
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