ZI PUBLICATIONS SDN BHD & ANOR v. JABATAN AGAMA ISLAM SELANGOR & ORS [2020] 9 CLJ 774
COURT OF APPEAL, PUTRAJAYA
UMI KALTHUM ABDUL MAJID JCA; HASNAH MOHAMMED HASHIM JCA; SURAYA OTHMAN JCA
[CIVIL APPEAL NO: WA-01(A)-255-04-2018]
09 JULY 2020
Unlike a natural person, a company is incapable of practising or professing a religion, or assuming the religion of its shareholders. It follows that the sanctions of an Islamic Law Enactment such as the Syariah Criminal Offences (Selangor) Enactment 1995 cannot apply to a company like the first appellant in this case. It follows further that the action of the Jabatan Agama Islam Selangor and the Ketua Penguatkuasa Agama Selangor herein in raiding the first appellant's premises and confiscating 180 copies of books therefrom, and in further prosecuting the first appellant for alleged offences under the said 1995 Enactment, is null and void, unconstitutional and unlawful. The first appellant company having come outside the ambit of the 1995 Enactment and were incapable of committing the crimes so laid out thereunder, the decision to prosecute the company's shareholder, the second appellant, for like offence is also wrong in law.
ADMINISTRATIVE LAW
Judicial review - Certiorari - Exercise of powers in course of criminal investigation - Issuance of search warrant and seizure by enforcement officers - Whether subject to review under O. 53 of Rules of Court 2012
CONSTITUTIONAL LAW
Federal and State law - Islamic law enactment - Syariah Criminal Offences (Selangor) Enactment 1995, s. 16 - Whether ultra vires Federal Constitution - Purpose - To control religious publications contrary to Islam - Whether Selangor State Legislative Assembly acted within legislative power in enacting s. 16 - Whether s. 16 fell within 'precepts' of Islam within meaning of Item 1, List II-State List, Ninth Schedule of Federal Constitution - Whether s. 16 constitutional
COMPANY LAW
Corporate personality - Corporate veil - Prosecution against director of company at Syariah Court - Validity of - Whether attempt to penalise director for actions of company - Whether company could assume religion of shareholders - Whether Syariah Criminal Offences (Selangor) Enactment 1995 ('SCOE') only applicable to natural persons professing religion of Islam - Whether lifting of corporate veil necessary - Whether company could be prosecuted under SCOE
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