Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1 In February 2016, Za Publications Sdn Bhd, a publishing company, published a book 'Cinta, Hidup dan Kebebasan', the Malay translation of a book titled

1 In February 2016, Za Publications Sdn Bhd, a publishing company, published a book 'Cinta, Hidup dan Kebebasan', the Malay translation of a book titled 'Love, Live and Liberty' written by a Canadian author, Ichad Manja. On 1st March 2016, the Enforcement Division of the Selangor Islamic Affairs Department raided Za Publications's office and consficated 180 copies of the book on the commission of an offence under section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 ('the impunged section"). The impugned section reads as follows: Section 16 Religious publications 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 offence and shall be liable on conviction to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both. Consequently, on 1st April 2016, Hilman, the director of Za Publications was charged before the Syariah Court Selangor under the impunged section. Hilman was convicted of the offence and wishes to appeal. Hilman was not happy with the situation and updated his status on his Facebook and Twitter accounts. Hilman critised the government for the action. Hilman received many responses to his posting. On 1st May 2016, Hilman was apprehended by the Shah Alam police. He was questioned and detained in a remand cerse. He asked for the reasons for his arrest and was informed by the arresting officer that he was being arrested for 'his seditious statement against the government. Hilman requested to see a lawyer but that request was denied. He was produced before a Magistrate's Court on 3rd May 2016 at 4.30 pm and charged with seditious offences. Analyse the above situation. Hilman seeks your advice on the following issues: please provide the answer format in: Introduction, LAW, Application & Conclusion a) Were Hilman's constitutional rights infringed? b) Is section 16 of the Syariah Criminal Offences (Selangor) Enactment 1995 constitutional?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

Introduction Hilman the director of Za Publications Sdn Bhd published a book that was later confiscated under Section 16 of the Syariah Criminal Offen... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Modern Advanced Accounting In Canada

Authors: Hilton Murray, Herauf Darrell

7th Edition

1259066487, 978-1259066481

More Books

Students also viewed these Law questions