KUALA LUMPUR, Sept 28 Borders Bookstore has pronounced which a home apportion is perplexing to countenance a actions of a Federal Territories Islamic Department (JAWI), which include a seizing of books but a anathema or a fatwa (religious edict).
Borders owner Berjaya Books as well as dual Borders employees had upon Jun eighteen won leave for a judicial review of a actions of JAWI, a home apportion as well as another minister, for between alternative things, a physical condition of books by magnanimous Muslim author Irshad Manji.
File photo of a customer browsing by books during a Borders store in Kuala Lumpur. Reuters pic
She was replying upon behalf of all a field to a home minister's September 5 affidavit.
JAWI enforcers had raided a bookstore as well as seized Manji's book patrician "Allah, Liberty as well as Love" last May 23, but Borders note which a Home Ministry had only gazetted a book anathema upon May twenty-nine as well as published it upon Jun 14.
The home apportion had in his confirmation pronounced he did not need to surprise Borders about a anathema of a book if JAWI wanted to act based upon syariah laws.
He had also written which "although there had been no Prohibition Order upon a date upon which a book was confiscated by JAWI, JAWI is empowered to seize a book because a book had contravened section 13 of a Syariah Criminal Offences (Federal Territories) Act 1997. Seizure can be done by JAWI underneath a germane laws but any br! each seq uence from KDN (Home Ministry)."
The Printing Presses as well as Publications Act covers counts such as a sale, circulation, placement of publications "which is inside of a purview of duties as well as responsibilities of a Honourable Minister of KDN", Yau wrote.
"Therefore, a in front of adopted by a Honourable Minister of KDN in paragraphs 3, 4 as well as 5 is unfortunate as well as amounts to an abandonment of his constitutional duties as well as responsibilities," she added.
The applicants' lawyers have suggested her which counts such as a sale as well as placement of books do not fall underneath a Syariah Criminal Act, she said.
Lawyers also told her which JAWI's actions, "which were premature as well as in finish disregard to a provisions of a Printing Act, have caused an nonessential conflict of laws between federal laws as well as laws enacted underneath state provisions. Therefore, JAWI's Actions underneath a Syariah Criminal Act are null as well as void."
She pronounced which Borders was endangered if a home minister's mount which JAWI can take actions but any notice of a anathema "reflects a loyal legal position."
"... Borders, as a member of a commercial operation community, is duly as well as legitimately endangered if a mount taken by a Honourable Minister of KDN reflects a loyal legal position, i.e. which JAWI can proceed to raid, confiscate, seize, examine, investigate, arrest as well as prosecute corporate bodies or a employees but any before notice around a Prohibition Order or a banning notice."
She pronounced which Borders has over 200,000 books during all times, as well as "it would be impossible for Borders or a employees to be means to read or scrutinize a contents" of each single one.
The bookstore's use is to stop a sale of books after being informed of a anathema by a breach sequence from a Home Ministry.
Yau pronounced Borders does not have any Islamic e! xperts t o establish if a book violateshukum syarak(Islamic laws), as well as this is not a requirement underneath a law.
As laypersons, Borders as well as a employees rest upon notices from a Home Ministry as well as a state eremite authorities to surprise them of bans of any books which go againsthukum syarak, she said.
But JAWI did not give notice which a book's contents were againsthukum syarak, she said.
She also pronounced which a High Court, as well as not a Syariah Court, should confirm upon all counts raised in a judicial review.
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