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FEDERAL COURT PUTRAJAYA
ZI PUBLICATIONS SDN BHD & ANOR – Appellant
Versus
KERAJAAN NEGERI SELANGOR; KERAJAAN MALAYSIA & ANOR (INTERVENERS) – Respondent
| Table of Content |
|---|
| 1. jurisdiction of state legislature regarding freedom of expression. (Para 1 , 2 , 3) |
| 2. background regarding the legislative framework for religious publications. (Para 4 , 5 , 6 , 7) |
| 3. issues surrounding the constitutionality of the impugned section. (Para 8 , 9 , 10) |
| 4. limitations of state power in relation to islamic offences. (Para 21 , 22 , 25) |
| 5. final judgment affirming the validity of the impugned section. (Para 31 , 32) |
Introduction
[1] This petition was filed pursuant to art 4(4) of the Federal Constitution and leave was granted by this court on 8 April 2013. The petitioners are seeking for a declaration that s 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 (the impugned section) is invalid. The impugned section reads as follows:
"16. Religious publication contrary to Islamic law.
(1) Any person who:
(a) prints, publishes, produces, records or disseminates in any manner any book or document or any other form of record containing anything which is contrary to Islamic law; or
(b) has in his possession any such book, document or other form of record for sale or for the purpose of otherwise disseminating it,
shall be guilty of an offe
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