Jobless man jailed seven months, fined RM10k for insulting Islam, Prophet Muhammad

KUALA LUMPUR (Bernama): The Sessions Court has sentenced an unemployed man to seven months' jail and fined him RM10,000, in default two months’ jail, for insulting Islam and the Prophet Muhammad in a post on his Facebook account last month.

Judge Hasbullah Adam passed the judgment on Mohamad Yazid Kong Abdullah, 52, after the latter maintained his guilty plea recorded last Friday (March 8).

In his judgment on Monday (March 11), judge Hasbullah said the action of the accused, who had made an insult concerning Islam, was serious and had challenged the Federal Constitution.

“The Federal Constitution states that the Islamic religion is the federal religion, your action truly challenged the Federal Constitution which formed the highest law in our country.

“You are fortunate for being charged under Section 233(1)(a) of the Communications and Multimedia Act 1998, which only provides a maximum jail term of one year,” said the judge.

Mohamad Yazid Kong, who was wearing a grey T-shirt and jeans, appeared calm and nodded slowly.

Before the proceedings, Mohamad Yazid Kong's wife and two-year-old son were present in court and the woman cried loudly.

“You think about your son, how to eat every day,” she told the accused before being calmed down by the lawyer.

The court also ordered the accused to be jailed two months if he failed to pay the fine.

Malaysian Communications and Multimedia Commission (MCMC) Deputy Public Prosecutor Muhamad Asyraf Md Kamal sought a heavier sentence and fine, saying that the accused's action had angered Muslims throughout the country.

“No one in the multiracial community in this country can accept any form of insult on religion.

“If it is allowed to continue, it could jeopardise harmony among the multiracial community in this country and subsequently threaten national security,” he said.

In mitigation, counsel Muhammad Syafiq Salleh, who represented Mohamad Yazid Kong, said his client apologised to the court and the Muslim community for his action.

He also said his client was a first offender and had pleaded guilty when he was first charged.

“My client converted to Islam when he wanted to marry his first wife previously and they have divorced. After converting to Islam, he had no guidance or support on Islamic teachings.

“He has five children, four with the first wife, a Malay woman, and one with the new wife, an Indonesian national,” Muhammad Syafiq said.

Last Friday (March 8), Mohamad Yazid Kong pleaded guilty to the charge of sending an offensive communication via the Facebook application using the profile name “Yazid Kong” at 8.21pm on Feb 24, 2019.

The message was then read by another Facebook user, with the website profile “Mohamad Syafiq”, at Masjid Salahuddin Al-Ayubi, Jalan Taman Melati, Wangsa Maju, here at noon on March 1.

The man was charged under Section 233(1)(a) of the Malaysian Communications and Multimedia Commission Act 1998 and punishable under Section 233(3) of the same Act.

It provides a maximum fine of RM50,000 or a maximum jail term of one year or both and a subsequent fine of RM1,000 for each day the offence is committed after conviction.