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Madrasah Salihiah seeking injunction to stop demolition.

ALOR SETAR: The committee of the Madrasah Salihiah surau in Jalan Tambang Badak here is seeking an injunction to stop the demolition of the place of worship to make way for a shopping mall.

The application was filed by committee member Jamludin Murad, 67, through counsel Ahmad Rusydi Md Nor at the High Court here yesterday.

He 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 Committee’s 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 is 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 Commit tee’s decision led to the district land office ordering the surau committee to vacate the land.

The defendants have eight days to respond, and the matter has been fixed for mention on Feb 6 at the High Court deputy registrar’s chambers.

- - http://thestar.com.my/news

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