Borders bookstore manager Nik Raina Nik Abdul Aziz was today granted a discharge not amounting to acquittal for distributing a book that went against Islamic law.

 

The decision was delivered by Syariah High Court Judge Mohd Aman Mat Zain.

 

The Federal Territories Islamic Religious Department (Jawi) had on May 23, 2012 raided Border's bookstore in The Gardens and confiscated Irshad Manji's book 'Allah, Liberty and Love'.

 

Subsequently, Nik Raina, who oversaw the store, was on June 19 charged under Section 13(1) of the Syariah Criminal Offences (Federal Territory) Act where she faced the possibly of up to two years jail or a fine of up to RM3,000 or both.

Meanwhile, Sisters in Islam (SIS) in a statement today commended the Syariah Court for “showing compassion” and recognising the suffering experienced by Nik Raina.

“For three long years, Nik Raina was stigmatised by the accusation that she had insulted Islam and was treated like a criminal, when in fact she was just doing her job as a bookstore manager.

“This decision supports the right of Malaysian Muslims to work without the threat of being arbitrarily arrested and prosecuted without reasonable cause,” said the group.

It also pointed out that the judge had put into practice the Islamic principles of justice and fairness by discharging Nik Raina and disallowing further delay to the case by Jawi.

“In the way the learned judge has acted in the spirit of this verse (surah al-Nisa verse 135), so also do we hope that the Attorney General’s Chambers will espouse these same higher ideals of justice and fairness by not pursuing any further appeals in defence of Jawi’s unlawful actions before the Federal Court.”

Appeal stage

Mohd Aman in his decision said the court took in consideration the appeal by the syariah prosecutor to the Federal Court is only at the appeal stage.

 

“Under these circumstances the court has to take into consideration her welfare. The court should make a decision that is not in conflict with the duality in the country's legal system.

“Hence the court orders Nik Raina to be granted a discharge not amounting to an acquittal,” said Mohd Ahman.

 

The Syariah High Court was today told that Jawi had on Jan 28 filed a notice of appeal against the Court of Appeal decision that found Jawi's raids on Borders in 2012 illegal.

 

The leave to appeal was made after the civil High Court and the Court of Appeal found Jawi's raid illegal as it was done before the controversial book 'Allah, Liberty and Love' was banned by the authorities.

 

The raid by Jawi was conducted on May 23, 2012 but the book was only banned by the Home Ministry six days later.

 

Nik Raina who was in the dock, cried after Mohd Aman made the decision.

 

She thanked him and hugged the chief operating officer of Berjaya Books Sdn Bhd, Yau Su Peng ( left ) a law graduate, and who was a pillar of support throughout her ordeal.

 

Jawi could not take action on the bookstore for selling the book, or on the general manager who is a non-Muslim.

As a result Nik Raina as store manager had to face the flak.

 

When met by reporters outside court, Nik Raina expressed her happiness over the decision.

 

“A decision otherwise would certainly affect the morale of the managers and lower ranking staff where 90 per cent of them are Malays and Muslims,” she said.

 

She was charged under Section 13 (1) of the Federal Territory Syariah Offences Act 1997 for selling a publication which is against the religion.

 

The store manager stood to face a maximum two years' jail term or fine not more than RM3000 or both if convicted.

 

Nik Raina was represented by lawyer Rosli Dahlan while Zainor Rashid Hasin appeared for Jawi.