
Justice Hanipah Farikullah dismissed the company’s judicial review bid, which was filed the same year, to question the validity of the actions by the Selangor Religious Department (Jais).
“The preliminary objection by the Selangor Government is allowed as the issue has been settled,” she said after hearing arguments from Ezra’s lawyer, Fahri Azzat, Selangor assistant state legal adviser Naziah Mokhtar, and senior federal counsel Shamsul Bolhassan.
“The impugned Section 16 of the Shariah Criminal Offences Selangor (Enactment) has been decided by the Federal Court,” she said. “The highest court declared the section valid.”
Justice Hanipah added that civil courts have no jurisdiction on the disputed enactment.
No cost was ordered.
In September last year, the apex court ruled that Shariah law in Selangor was constitutional and the state assembly did not exceed its powers.
The ruling means Ezra, as director of the publisher ZI Publications, has to stand trial in the Shariah Court, under Section 16, which criminalises the sale and distribution of books deemed against Islamic principles.
He claimed trial at the Shariah Court in March 2013.
Jais raided ZI Publications’ office in May 2012 and confiscated 180 copies of Irshad’s translated book, “Allah, Kebebasan dan Cinta” (Allah, Liberty and Love).
Ezra filed a judicial review to challenge the seizure, naming Jais, its director, its’ enforcement officer, Shariah chief prosecutor, and the Selangor and Malaysian governments.
He sought to nullify Section 16 of the Shariah Enactment, citing it as inconsistent with the Federal Constitution.