RELIGIOUS authorities cannot prosecute any company distributing Islamic books because it is a business entity and not a person, lawyer K. Shanmuga argued in court today.

Relying on previous cases, he said the Selangor Islamic Religious Department (Jais) did not have the authority to raid his client Ezra Zaid’s publishing firm ZI Publications’ office on May 29, 2012.

“The structure of the Constitutional system is that Islamic law can only apply to individual Muslims. The publication, distribution and sale of said book was all done by a company,” Shanmuga told the court today.

“In federal law, when a director is charged for offence by a company, the law clearly gives power to do that,” Shanmuga said, referring to the Employees Provident Fund Act 1991 and Income Tax Act, where they provided that directors can be prosecuted.

“The shariah criminal enactment does not have a provision to make directors liable for offences by companies,” Shanmuga said.

Ezra, who is also a BFM radio presenter, is seeking a judicial review of the decision to seize the books – and for his arrest and charge – to be squashed and declared null and void.

Shanmuga told Kuala Lumpur High Court judge Kamaludin Md Said today there was one preceding case where a religious raid and book seizure was later proven illegal.

He noted the Federal Court had ruled in favour of Borders bookstore manager Nik Raina Nik Abdul Aziz in August 2015, overturning Federal Territories Islamic Religious Department’s (Jawi) bid to prosecute her for distributing Canadian author Irshad Manji’s book Allah, Kebebasan dan Cinta (Allah, Liberty and Love).

“So in applying the Borders books case, it is unfair and unjust to charge the individual director just because the company cannot be charged.”

Ezra, who is the son of politician Zaid Ibrahim, was charged in March 2013 under Section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 for publishing and distributing the same book and possession of 180 translated copies.

Kamaludin said a decision will be reached on January 17.

Ezra filed judicial reviews in July 2012 to challenge the legality of the seizure and the validity of Section 16.

Separately, he also filed a reference to the Federal Court questioning the competency of Selangor legislative assembly to enact Section 16 in respect of Article 74(2) of federal constitution.

Conviction under any of the charges would result in a maximum RM3,000 fine, a two-year jail term or both. – December 5, 2017.