The High Court in Kuala Lumpur has fixed May 2 to deliver its verdict on Master's student Siti Noor Aishah Atan, who is charged with possession of 12 books related to the Islamic State (IS).

Judicial Commissioner Mohamad Shariff Abu Samad today heard submissions from the defence and prosecution in the case today.

"The court needs some time to study the case, especially on the issue of whether this offence is under the notion of strict liability," Mohamad Shariff said.

Therefore, the court fixed May 2 to deliver its decision.

Strict liability is the notion of liability for which mens rea (or a guilty mind) need not be proven in relation to the charge.

Initially Siti Aishah, 29, was acquitted on the charge by Shariff in September and this led to her arrest under Prevention of Crime Act (Poca) 1959, where she was detained for 60 days. It was reported that upon her release from Poca, she was fitted with the electronic monitoring device.

However, the prosecution was successful in its appeal in the Court of Appeal on March 27, and she was ordered to enter her defence.

This led to her re-arrest under the Security Offences (Special Measures) Act 2012.

Siti Aishah's lawyer Mohd Kamaruzaman A Wahab told the court that his client did not know the books she used were related to IS and that she needed them for her studies.

Mohd Kamaruzaman said despite knowing Universiti Malaya lecturer Mahmud Ahmad (who had gone to the Philippines to join IS), Siti Aishah's intention was to have him as her supervisor while she was doing her Master's degree.

He further submitted that the charge under Section 130JB of the Penal Code is not a strict liability offence as although this charge is under Sosma, it is still placed under the Penal Code.

She had no knowledge books had IS link

Under the Penal Code, the lawyer said, knowledge has to be proven.

Mohd Kamaruzaman further said possession must include knowledge but in this case, she has no knowledge that the material or books are related to IS.

“This brings to question whether the public needs to consult specialist before buying or keeping a book. Possession must mean that the person knows that keeping it is an offence.

“In this case, she does not have any knowledge that the items are wrong,” he said.

DPP Mohamad Mustaffa P Kunyalan told the court that the defence failed to raise reasonable doubt in the case.

Mustafa said the fact is that Siti Aishah knew Mahmud, who is a known IS member and who is now in the Philippines.

Siti Aishah, he added, also knew one Muammar Gadhafi, who was caught by the authorities in Malaysia for training would-be IS militants.

“Muammar was charged and was found guilty by this court,” he said.

The DPP said the fact is that Siti Aishah's father had lodged a police report in 2014, expressing concern over his daughter trying to follow Muammar, who wanted to marry her.

This evidence, in Siti Aishah's father's police report, was submitted by the prosecution at the defence stage.

Mustafa also raised the Parliament Hansard debate on Section 130 JB, where the intention of the lawmakers was to curb the spread of militant thinking.

If convicted under the section, Siti Aishah can face a seven years in jail or a fine or forfeiture of the books.