Muslim-owned companies must follow shariah laws, court told
As Islam is the religion of the federation, those who control the ‘mind and muscle’ of corporate entities must be subject to Islamic laws, says lawyer Sulaiman Abdullah in book seizure case involving Zaid’s son.
Lawyer Sulaiman Abdullah said the deeming provision in Article 3 of the Federal Constitution meant that corporate entities managed by Muslims had a religion.
“The applicant (Mohd Ezra Mohd Zaid) has to go to the Shariah Court and argue whether he can be charged as director of his company,” he said.
Sulaiman, who is appearing for the Selangor Islamic religious authorities, said this in reply to submission by Mohd Ezra’s lawyer K Shanmuga earlier that it was unlawful for his client to stand trial in the Selangor religious court.
Sulaiman said companies were operated through human personalities who were the “controlling mind and muscle” of the corporate entity.
He said Mohd Ezra must be prepared to face the consequence for the sale, distribution and possession of a book that was against the teachings of Islam.
Sulaiman said it was trite law in Malaysia that Muslims were subjected to shariah and civil legislation.
Mohd Ezra , who is also ZI Publications owner, is scheduled to face trial in the Shah Alam shariah court on Feb 22 for selling 180 translated copies of Canadian author Irshad Manji’s book Allah, Kebebasan dan Cinta (Allah, Liberty and Love).
The books were seized during a raid by the Selangor Islamic Religious Department (Jais) on ZI Publications’ office on May 29, 2012.
The son of DAP member Zaid Ibrahim, Mohd Ezra was charged on March 7, 2013, under Section 16 of the Shariah Criminal Enactment.
He risks a fine of up to RM3,000, a two-year jail term or both if convicted.
Mohd Ezra filed a judicial review in 2012 to determine whether the Selangor Shariah enforcement and prosecution authorities could charge him for the offence in his capacity as proprietor and director of a company .
ZI Publications and Mohd Ezra had named the Selangor Islamic Religious Department, its director-general, enforcement chief, Selangor Syarie prosecution chief, the Selangor government and the Malaysian government as respondents.
The applicants, among others, want an order to nullify the action by the department’s officers who conducted the raid and for confiscating the books.
Besides that, they also applied for a certiorari order to nullify the arrest, on May 29, and prosecution of Mohd Ezra by the department.
Senior Federal Counsel Shamsul Bolhassan, who represented Putrajaya, said the Federal Court in 2015 had ruled as valid Section 16 of the enactment which punished Muslims for publishing and disseminating religious books that were against Islamic law.
Shamsul said the civil court should not interfere in the jurisdiction of the Shariah Court by virtue of a demarcation under Article 121.
He said the religious authorities had the power to arrest Muslims, and seize items, just like conducting raids to nab those who allegedly committed khalwat (close proximity) or ate during the fasting month, even if such incidents took place in non-Muslim outlets.
“In this case, Ezra can file a civil claim if he believes the book seizure is wrongful,” he added,
Shanmuga said the religious authorities’ action was irrational and unreasonable, as they had no jurisdiction over a business entity even though operated by Muslims.
“Shariah authorities only have enforcement powers over Muslim individuals,” he said, adding that the civil court should interfere to uphold justice.
Shanmuga said the enactment did not provide for punishment to directors, unlike the Employees Provident Fund Act and Income Tax Act, for any violation of the laws.
He noted that policemen always accompanied shariah enforcement officials to conduct raids on non-Muslim outlets.
Justice Kamaludin Md Said will deliver his ruling on Jan 17.
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Sumber Muslim-owned companies must follow shariah laws, court told
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