Home minister has no power to ban books on Islam, court told

KUALA LUMPUR: A Muslim group says the home minister has no powers to ban books on Islamic topics, as it seeks to challenge a ban imposed on three of its books by the government .

In its submission in the High Court today, Islamic Renaissance Front (IRF) said matters of Islam do not come under the federal government and as such Putrajaya does not have powers to regulate issues related to religion.

“Our Federal Constitution has said it clear that the power to legislate issues related to religion lies within the state,” said IRF counsel Khoo Guan Huat, in applying to the court to rule that the ban violated the constitution, as well as a declaration that Section 7 of the Printing Presses and Publications Act which gives the home minister absolute powers to ban publications he regards as prejudicial to public interest.

IRF’s three books were banned in 2017 by then home minister Ahmad Zahid Hamidi. They include two books by Turkish author Mustafa Akyol – “Islam without Extremes: A Muslim Case for Liberty” and its Malay translation, “Islam Tanpa Keekstreman: Berhujah Untuk Kebebasan”, as well as a two-volume book under the “Wacana Pemikiran Reformis” edited by IRF director Dr Farouk Musa.

Khoo said the government cannot use Section 7 of the PPPA in cases that have to do with religion.

He cited the case involving the ban on the book “Kebebasan dan Cinta” by Irsha Manji published by ZI Publications, where he said the Selangor state government’s ban on the book was affirmed by the Federal Court because the state had powers to enact laws in controlling religious publications.

“They (government) should let the state take charge,” he added.

Another counsel for IRF Tunku Farik Ismail reminded the court that the banned books had been in circulation for five years.

He said despite this, the books did not cause public disorder or confusion, adding that it was enough to show that the minister was unreasonable in using his powers under the law.

Meanwhile, senior federal counsel for the former minister, Jamilah Jamil, said Zahid had exercised his powers reasonably under the law.

High Court judge Nordin Hassan fixed April 22 to deliver the court’s decision.

In his affidavit for a judicial review to lift the ban, Farouk said it was a breach of natural justice as it did not give IRF the right to be heard.

“The minister failed to explain how the said publications or contents promote liberalism, contain elements that insults Islam and deviates from the true teachings of Islam,” he said. - FMT