The Federal Territory Islamic Department’s (Jawi) appeal the Kuala Lumpur Syariah High Court’s decision to free Borders bookstore manager Nik Raina Abdul Aziz contravenes Malaysia’s own Syariah Index, said Sisters in Islam (SIS).

 

SIS executive director Ratna Osman ( below ) said instead of repeatedly prosecuting Nik Raina, who is a victim of circumstance, the Syariah Index suggests that Jawi should look to help her.

 

The Islamic Development Department (Jakim’s) Syariah Index speaks of justice according to the maqasid syariah (objectives of the teachings of Islam).

 

“Why isn’t Jawi practising this key element of maqasid syariah, that is, what is the best interest of public or for Muslim society with Jawi filing for the appeal against Nik Raina?

 

“Jawi should be the first government body to actually carry out the spirit of justice in this context and should have shown it in an exemplary behaviour dealing with Nik Raina's case, unfortunately they seem to fail in this,” she told Malaysiakini .

 

Nik Raina was charged with distributing Irshad Manji’s Allah, Love and Liberty for allegedly going against the tenets of Islam, but the book was not yet banned when Jawi raided the store in Bangsar, Kuala Lumpur.

 

The Syariah Court on Feb 26 issued Nik Raina a discharge not amounting to an acquittal after the civil Court of Appeal found the raid illegal.

 

Ratna said the Syariah prosecutor had that day left it to the Syariah Court to decide the case given the civil court decision, and is thus committing contempt by appealing the matter.

 

‘Jawi wasting tax money’

 

Jawi had been ignoring procedures since day one, she said, starting from the raid six days before the book ban was declared illegal all through to last Friday, when they served the appeal notice to Nik Raina personally and not to her lawyers, she said.

 

Jawi’s action against Nik Raina ( left in photo ) reeks of “malicious prosecution” when she was just an employee attached with the bookstore and not the proprietor, Ratna added.

 

“Jawi is wasting taxpayer’s money by pursuing this nonsensical matter where society does not benefit. It is also oppressive and Islam is against oppression,” she said.

 

Yesterday it was reported that Nik Raina is distraught with her continued persecution over what was simply her job of managing the bookstore.

 

Her lawyer Rosli Dahlan complained that Jawi’s harassment of his client is “vindictive” and “irrational”.