July 31, 2012
Kuala Lumpur High Court grants Interim Stay to ZI Publications
by Hafiz Yatim@http://www.malaysiakini.com
The Kuala Lumpur High Court has granted an interim stay preventing Jabatan Agama Islam Selangor (JAIS) from investigating and prosecuting ZI Publications and its director Mohd Ezra Mohd Zaid.
Ezra is scheduled to report before the Syariah Lower Court tomorrow as he has been asked by the authorities to do so.Following today’s development, the Syariah Court is not expected to charge Mohd Ezra tomorrow.
Judge Rohana Yusuf also granted ZI Publications and Ezra leave to initiate a judicial review against the seizure of the book Allah, Liberty and Love by Manji Irshad.
Following the interim stay granted today, ZI Publications has seven days to file an inter-party stay.
This is because the Selangor government, which is named as one of the respondents, in the judicial review application was not represented in today’s proceedings.
It should have been represented by the Selangor legal adviser. The court also ordered the Selangor government to file its full judicial review application as soon as possible.
The court also fixed September 5 to hear the judicial review application of Erza and ZI Publications.
Lawyers Malik Imtiaz Sarwar, K Shanmuga and Nizam Bashir who appeared for ZI Publications and Senior Federal Counsel Nor Hisham Ismail who represented the Federal Government met with Justice Rohana in her chambers.
ZI Publications and Mohd Ezra has named JAIS, its Director-General, its Chief Enforcement Officer, its Syariah Chief Prosecutor and the Selangor and Malaysian governments as respondents.
Unlike the bookseller Border’s case, Ezra is yet to be charged with any offence, resulting in the court granting a temporary stay.
In the case of Borders, owned by Berjaya Books Sdn Bhd, its store manager Nik Raina Nik Abdul Aziz was been charged at the Kuala Lumpur Syariah Court last month for allegedly distributing materials that go against Islamic teachings.
‘Jais had no jurisdiction to enter premises’
In the application filed earlier this month, ZI Publications and Ezra claimed that Jais and its officers had no jurisdiction to enter into their premises on May 29, as it was a company and the authorities could only take action against Muslims.
Furthermore, the warrant is for a search and hence JAIS and its officers do not have the authority to seize the books. Ezra further claimed his arrest violated his constitutional right to freedom of expression, which could only be limited by Parliament and not by the Selangor legislative assembly. He also claimed Section 16(1) of the Selangor Syariah Criminal Offences Enactment was ultra vires the Federal Constitution on the freedom of expression.
Alternatively, Erza and ZI Publications claimed the seizure of the books was a violation of the freedom of religion.
Since there is a federal law limiting the freedom of expression based on the Publications and Printing Presses Act (PPPA), the Syariah Criminal Offences Enactment, a state law, is, therefore, inconsistent with the Federal Constitution.
The two plaintiffs sought a declaration that Section 16 of the enactment is null and void as it violates the federal constitution on the freedom of expression. They are also seeking an order of certiorari to quash the actions of the authorities in raiding, seizing the books and arresting.
Ezra and ZI Publications are also seeking a writ of mandamus to compel the authorities to return the books and cancel the arrest order. Furthermore, they are seeking a declaration that the Syariah Criminal Offences Enactment and the Syariah Criminal Procedure Code are only applicable to Muslims and not to companies.
They further contend that the Syariah Criminal Offences law does not criminalise acts of book translations and based on Article 121(1), the proper forum to interpret the PPPA on the enactment is the civil bench of the High Court, not the syariah court.
The two are also seeking a stop to any JAIS action until the disposal of their judicial review application and other relief deemed necessary by the court.
They also filed a judicial review seeking to lift the ban on the book and his matter has been fixed for hearing on August 13.
This is set to be a landmark case with wide and far reaching ramifications. It will be a case discussed and debated in law schools for years to come.
“The Kuala Lumpur High Court has granted an interim stay preventing Jabatan Agama Islam Selangor (JAIS) from investigating and prosecuting ZI Publications and its director Mohd Ezra Mohd Zaid.”
What happened to the doctrine of separation of powers??
Din.ini soal akidah.kenapa hendak bergadoh sampai ka mahkamah.Irshad Manji ini saorang perempuan dari Kenya.Dia lari dari keluarganya dan menetap di Kanada.Dia mengaku saorang Lisbian dan menganutu fahaman shiah.
Apa yang kita dapat belajar dari buku tulisan nya. Nothing.Satu Fantasi.Dalam Islam,kebebasan individu ada hadnya.Ia perlu di pelihara.
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Hanya, JAWI yang patut dan yang boleh jawab soalan saudara. Bagi saya, mereka tidak rasional.Mereka mabok kuasa. Sangat mendukacitakan sikap begini. Salam.–Din Merican
This Hamid guy gotta be retarded. Doesn’t he understand that it is never about the author or this book?? Or about Islam? It is about our right to free speech. Malays like Hamid are a danger to themselves and they don’t know it.
People like Hamid are like lembu ditarek hidung. What’s wrong with Shia? Can he explain instead of just saying the author is a Shia and should not be given space. How can Hamid be so sure that his brand of Islam is the right one and the Shia is wrong. He should first learn WallahuAlam, Only God Knows.
He should at least read what the author writes and then come to a conclusion. I bet you he hasn’t read the book or probably didn’t even read the review before jumping to conclusion.
Lesbian are god’s creature too and we should learn to live and deal with LGBT groups. They wouldn’t exist if Hamid’s God didn’t think there is a place for them in this world. Who is smarter and wiser Hamid or his God?
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People say that anyone who proclaims Shahada (Islamic Testimony) and believes it in heart, is a Muslim. Since Muslim sects do not disagree on the basic faith, they all should be treated as Muslims. This is the reason all sects are allowed to perform Hajj/Umra and visit Prophet (pbuh)mosque in Madina-al-Munawwara.
Who will not agree with the above opinion? As a matter of fact we should keep peace not only between different Muslim sects, but also between the people of different religions. We can disagree with each other but it should be expressed wisely. Peaceful living is important for our survival on this planet.
Every human being thinks differently as his thinking is influenced by various factors like his upbringing, personal traits, local/cultural environment, educational background, group affiliations, interpretational skills, etc. This is the reason Muslims are divided in various sects/groups throughout the world.
All these sects claim that they are on the right path. Many of them claim that they are the real Ahli Sunnah wal Jama’a, the conventional mainstream of the Islamic nation. There was none of these during the Prophet’s time or even mentioned in the Koran. When every Muslims believe in the existence of Allah, why then it is estimated that there are over 73 major sects and innumera-ble smaller sub groups of Muslims whose view points on religion differ in many ways?
It is plain mathematic 99.6% of the people who call themselves Muslims face imminent danger of rejection by Allah (SWT) in this world and in Hereafter. While we respect each others point of view and try to live in peace and harmony, we need to seriously think of our revival in this world and our salvation on the Day of Judgment. Read more here: http://www.correctislamicfaith.com/1maybetruemuslims.htm .
But guys this is a civil matter. Not a religious one. You’re falling into the same trap that retarded Hamid Ghurka has made for himself and then fell into. That JAWI has used as an excuse to go about messing with the minds of the Malays and Muslims in Malaysia. How else could they justify the government spending huge sums of money to finance their activities. It is the livelihood of these officials that is at stake.
“Lesbian are God’s creatures too and we should learn to live and deal with LGBT groups” orang malaya
If we believe nothing happens if God does not will it and that we are all God’s creation we are left with this inevitable conclusion. This has divided churches too.
So, civil court can now grant injunction against enforcement body who are powered by the Shariah Law/Court?
Seems legit.