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Published: Monday February 6, 2012 MYT 12:04:00 PM
Updated: Monday February 6, 2012 MYT 12:12:04 PM

Feb 21 court date over plans to demolish surau to make way for mall

By EMBUN MAJID


ALOR SETAR: A High Court here fixed Feb 21 to mention the case management of a suit filed by a Madrasah Salihiah surau committee member against the state government to stop the demolishing of the surau to make way for a shopping mall.

High Court senior assistant registrar Nabisha Ibrahim made the decision in her chambers to allow all parties to submit their supporting affidavits for the case.

The surau committee member Jamludin Murad, 67, named the state Islamic Religious Council (MAIK), the Kota Setar land office and the Kedah Government as the first, second and third defendants respectively.

Jamludin is also seeking to declare as null and void the Kedah Fatwa Committees decision last July 4 to allow the developer to pay MAIK compensation for the acquired wakaf (endowment) land.

He is seeking a declaration that MAIK's decision last June 21 that the surau should remain for the benefit of its members was legal and binding.

In his statement of claim, Jamludin said the surau was built in 1909 on land belonging to the descendents of one Hajah Aisyah before it was handed to MAIK as special wakaf land.

He claimed that the Fatwa Committee allowed the developer to pay compensation for the land to MAIK, adding that MAIK was responsible for finding a replacement site.

Jamludin said the developer was to build a surau separate from the mall or on the mall's ground floor.

He added that the Fatwa Committee's decision led to the district land office ordering the surau committee to vacate the land.

Jamludin was represented by counsels Ahmad Rusydi Md Nor and Adnan Seman @ Abdullah while the three defendants were represented by state legal adviser Datuk Anas Ahmad Zakie.

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