Tuesday, 29 Sep 2020 12:45 PM MYTEzra Zaid and his lawyer Fahri Azzat are pictured at the Federal Court in Putrajaya September 29, 2020. — Picture by Ida LIM
After hearing arguments from both sides, Federal Court judge Datuk Zaleha Yusof said the three-man bench that she chaired had decided not to accept the arguments by Jais’ lawyers and accept the arguments by Ezra’s lawyers instead. Siti Fatimah then argued that the Shariah offence in a Selangor state law should apply to Ezra who is the director of ZI Publications.
Citing the Section 3 definition which defines “person” as also covering artificial legal persons such as companies, Siti Fatimah then argued that this meant that both the company ZI Publications and its director Ezra could be charged in the Shariah court for offences under the Syariah Criminal Offences Enactment.Fahri Azzat, one of the lawyers representing Ezra and ZI Publications, said that the legal questions put forward by Jais’ lawyers could be summed up as revolving around two issues.
Fahri also highlighted that Section 1 of the Syariah Criminal Offences Enactment 1995 — the state law which was used to charge Ezra — states that “this Enactment shall apply to Muslims only”. The Court of Appeal had also then emphasised that a company as an artificial legal person is incapable of practising or professing a religion, unlike individuals or natural persons who can profess a religion.
Well settled law. A company though deemed an artificial entity, does not profess a religion (nor race).
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