Only happens in Malaysia

Borders manager to face syariah charge

FMT Staff

 | October 7, 2013

Borders regrets Jawi's insincerity in the withdrawal application as well as the Syariah Court’s decision in refusing to drop the criminal charge against Nik Raina

KUALA LUMPUR: The trial against Berjaya Books Sdn Bhd’s Borders bookstore manager at The Gardens in Mid Valley City, Nik Raina Nik Abdul Aziz, who is charged with distributing the translated version of a book by controversial writer, Irshad Manji, ‘Allah, Kebebasan dan Cinta’, will continue at the Syariah High Court here.

This followed a decision by Syariah judge Abdul Walid Abu Hassan in dismissing an application by the Federal Territory Islamic Religious Department to withdraw the charge against Nik Raina under Section 103 (1) of the Syariah Criminal Procedure (Federal Territories) Act 1997.

He also ordered a stay of the proceeding at the Syariah Court pending the outcome of an appeal in the case at the Civil Appeal Court.

When handing down the decision, Abdul Walid said Nik Raina appeared to be using the civil court to prevent the syariah prosecutor from doing their job, despite the charge against her was made under Section 13(1) of the Syariah Criminal Offences Act which was under the jurisdiction of the Syariah Court.

He said although Nik Raina had succeeded in obtaining an order from the Civil High Court for a stay of Jawi’s action, the powers and jurisdiction of the civil and syariah courts were not the same.

“The Syariah Court will not interfere with the decision of the Civil High Court and I do not want to elaborate because it is the jurisdiction of the court concerned.

“It also appeared to me that Nik Raina was using the Civil Court to avoid being tried,” he added.

He said Nik Rania was supposed to be ready to be tried at the Syariah Court and that it had yet to be determined whether the distribution of the book contradicted with Islamic law.

Earlier, syariah prosecutor Che Saufi Che Hussin said the prosecution respected the order issued by the Civil High Court last March 22 for Jawi to withdraw the charge against Nik Raina.

“But, according to Section 103(1) of the Syariah Criminal Procedure Act, it depends of the court’s jurisdiction whether to proceed with the charge against Nik Raina or freed her of the charge,” he added.

Lawyer Rosli Dahlan, representing Nik Raina, applied to the Syariah judge to release his client on grounds that the charge against her was baseless.

On June 19 last year, Nik Raina, 37, was charged with distributing, by selling, the book, ‘Allah, Kebebasan dan Cinta’ (Keberanian untuk menyelaraskan kebebasan dengan iman)”, a translation of the book, ‘Allah, Liberty and Love’ (The courage to reconcile faith and freedom), by Irshad, which was said to be against the syariah law.

She was alleged to have committed the offence at Borders bookstore, at Lot T-216B, 3rd Floor, The Gardens Mall, Mid Valley City here, between 8.41am and 9.45pm on May 23 last year.

On March 22 this year, the High Court (Appellate and Special Powers Division) allowed Nik Raina’s application for a certiorari order to stay Jawi’s action against her.

High Court judge Zaleha Yusof also allowed an application by Nik Raina for a declaration that the action by Jawi in seizing the books was null and void because it was done before the Home Ministry issued a ban on the book.

Borders regrets Jawi’s insincerity

Meanwhile, the COO of Berjaya Books Sdn Bhd, Yau Su Peng, said Borders deeply regretted the Syariah Court’s decision not to drop the criminal charge against Nik Raina.

“The incident this morning is unprecedented. Normally, when the prosecution has intimated its withdrawal of any criminal charge and has conceded that the charge is invalid and illegal, the court would not prevent such withdrawal and would in fact on its own motion strike down the
charge.

“Thus, the decision by the Syariah Court was quite out of the ordinary. It is to be noted that the case had not started,” Yau said in a statement.

Yau added that there was no prejudice to anyone if the criminal charge had been withdrawn today, and the whole criminal case be brought to a swift end.

“There was no interference whatsoever on the Syariah Court’s jurisdiction,” Yau added.

Yau also said that the charge by Jawi against Nik Raina was wrongful and illegal, adding that since she was charged on June 19, 2012, she and her family had to suffer great humiliation and trauma.

“She is a Muslim and like many Malaysian Muslim women, she wears the tudung as respect for her faith. However, her image as a respectable Muslim woman was severely tarnished because the charge made by Jawi against her was that she distributed a book that defiled Islam.

“In a majority Muslim country like Malaysia, an allegation that a person has defiled Islam generates all kinds of negative implications,” added Yau.

Nik Raina meanwhile said she was deeply shocked by the Syariah Court decision.

“I have been truly victimised and can only hope that my employers will continue to assist in clearing me of the baseless and unfair charge,” she said.

- See more at: http://www.freemalaysiatoday.com/category/nation/2013/10/07/borders-manager-to-face-syariah-charge/#sthash.klmYM7kJ.dpuf

Borders manager to face syariah charge

FMT Staff | October 7, 2013

Borders regrets Jawi's insincerity in the withdrawal application as well as the Syariah Court’s decision in refusing to drop the criminal charge against Nik Raina

KUALA LUMPUR: The trial against Berjaya Books Sdn Bhd’s Borders bookstore manager at The Gardens in Mid Valley City, Nik Raina Nik Abdul Aziz, who is charged with distributing the translated version of a book by controversial writer, Irshad Manji, ‘Allah, Kebebasan dan Cinta’, will continue at the Syariah High Court here.
This followed a decision by Syariah judge Abdul Walid Abu Hassan in dismissing an application by the Federal Territory Islamic Religious Department to withdraw the charge against Nik Raina under Section 103 (1) of the Syariah Criminal Procedure (Federal Territories) Act 1997.
He also ordered a stay of the proceeding at the Syariah Court pending the outcome of an appeal in the case at the Civil Appeal Court.
When handing down the decision, Abdul Walid said Nik Raina appeared to be using the civil court to prevent the syariah prosecutor from doing their job, despite the charge against her was made under Section 13(1) of the Syariah Criminal Offences Act which was under the jurisdiction of the Syariah Court.
He said although Nik Raina had succeeded in obtaining an order from the Civil High Court for a stay of Jawi’s action, the powers and jurisdiction of the civil and syariah courts were not the same.
“The Syariah Court will not interfere with the decision of the Civil High Court and I do not want to elaborate because it is the jurisdiction of the court concerned.
“It also appeared to me that Nik Raina was using the Civil Court to avoid being tried,” he added.
He said Nik Rania was supposed to be ready to be tried at the Syariah Court and that it had yet to be determined whether the distribution of the book contradicted with Islamic law.
Earlier, syariah prosecutor Che Saufi Che Hussin said the prosecution respected the order issued by the Civil High Court last March 22 for Jawi to withdraw the charge against Nik Raina.
“But, according to Section 103(1) of the Syariah Criminal Procedure Act, it depends of the court’s jurisdiction whether to proceed with the charge against Nik Raina or freed her of the charge,” he added.
Lawyer Rosli Dahlan, representing Nik Raina, applied to the Syariah judge to release his client on grounds that the charge against her was baseless.
On June 19 last year, Nik Raina, 37, was charged with distributing, by selling, the book, ‘Allah, Kebebasan dan Cinta’ (Keberanian untuk menyelaraskan kebebasan dengan iman)”, a translation of the book, ‘Allah, Liberty and Love’ (The courage to reconcile faith and freedom), by Irshad, which was said to be against the syariah law.
She was alleged to have committed the offence at Borders bookstore, at Lot T-216B, 3rd Floor, The Gardens Mall, Mid Valley City here, between 8.41am and 9.45pm on May 23 last year.
On March 22 this year, the High Court (Appellate and Special Powers Division) allowed Nik Raina’s application for a certiorari order to stay Jawi’s action against her.
High Court judge Zaleha Yusof also allowed an application by Nik Raina for a declaration that the action by Jawi in seizing the books was null and void because it was done before the Home Ministry issued a ban on the book.

Borders regrets Jawi’s insincerity

Meanwhile, the COO of Berjaya Books Sdn Bhd, Yau Su Peng, said Borders deeply regretted the Syariah Court’s decision not to drop the criminal charge against Nik Raina.
“The incident this morning is unprecedented. Normally, when the prosecution has intimated its withdrawal of any criminal charge and has conceded that the charge is invalid and illegal, the court would not prevent such withdrawal and would in fact on its own motion strike down the
charge.
“Thus, the decision by the Syariah Court was quite out of the ordinary. It is to be noted that the case had not started,” Yau said in a statement.
Yau added that there was no prejudice to anyone if the criminal charge had been withdrawn today, and the whole criminal case be brought to a swift end.
“There was no interference whatsoever on the Syariah Court’s jurisdiction,” Yau added.
Yau also said that the charge by Jawi against Nik Raina was wrongful and illegal, adding that since she was charged on June 19, 2012, she and her family had to suffer great humiliation and trauma.
“She is a Muslim and like many Malaysian Muslim women, she wears the tudung as respect for her faith. However, her image as a respectable Muslim woman was severely tarnished because the charge made by Jawi against her was that she distributed a book that defiled Islam.
“In a majority Muslim country like Malaysia, an allegation that a person has defiled Islam generates all kinds of negative implications,” added Yau.
Nik Raina meanwhile said she was deeply shocked by the Syariah Court decision.
“I have been truly victimised and can only hope that my employers will continue to assist in clearing me of the baseless and unfair charge,” she said.

- See more at: http://www.freemalaysiatoday.com/category/nation/2013/10/07/borders-manager-to-face-syariah-charge/#sthash.klmYM7kJ.dpuf

Borders manager to face syariah charge

FMT Staff | October 7, 2013

Borders regrets Jawi's insincerity in the withdrawal application as well as the Syariah Court’s decision in refusing to drop the criminal charge against Nik Raina

KUALA LUMPUR: The trial against Berjaya Books Sdn Bhd’s Borders bookstore manager at The Gardens in Mid Valley City, Nik Raina Nik Abdul Aziz, who is charged with distributing the translated version of a book by controversial writer, Irshad Manji, ‘Allah, Kebebasan dan Cinta’, will continue at the Syariah High Court here.
This followed a decision by Syariah judge Abdul Walid Abu Hassan in dismissing an application by the Federal Territory Islamic Religious Department to withdraw the charge against Nik Raina under Section 103 (1) of the Syariah Criminal Procedure (Federal Territories) Act 1997.
He also ordered a stay of the proceeding at the Syariah Court pending the outcome of an appeal in the case at the Civil Appeal Court.
When handing down the decision, Abdul Walid said Nik Raina appeared to be using the civil court to prevent the syariah prosecutor from doing their job, despite the charge against her was made under Section 13(1) of the Syariah Criminal Offences Act which was under the jurisdiction of the Syariah Court.
He said although Nik Raina had succeeded in obtaining an order from the Civil High Court for a stay of Jawi’s action, the powers and jurisdiction of the civil and syariah courts were not the same.
“The Syariah Court will not interfere with the decision of the Civil High Court and I do not want to elaborate because it is the jurisdiction of the court concerned.
“It also appeared to me that Nik Raina was using the Civil Court to avoid being tried,” he added.
He said Nik Rania was supposed to be ready to be tried at the Syariah Court and that it had yet to be determined whether the distribution of the book contradicted with Islamic law.
Earlier, syariah prosecutor Che Saufi Che Hussin said the prosecution respected the order issued by the Civil High Court last March 22 for Jawi to withdraw the charge against Nik Raina.
“But, according to Section 103(1) of the Syariah Criminal Procedure Act, it depends of the court’s jurisdiction whether to proceed with the charge against Nik Raina or freed her of the charge,” he added.
Lawyer Rosli Dahlan, representing Nik Raina, applied to the Syariah judge to release his client on grounds that the charge against her was baseless.
On June 19 last year, Nik Raina, 37, was charged with distributing, by selling, the book, ‘Allah, Kebebasan dan Cinta’ (Keberanian untuk menyelaraskan kebebasan dengan iman)”, a translation of the book, ‘Allah, Liberty and Love’ (The courage to reconcile faith and freedom), by Irshad, which was said to be against the syariah law.
She was alleged to have committed the offence at Borders bookstore, at Lot T-216B, 3rd Floor, The Gardens Mall, Mid Valley City here, between 8.41am and 9.45pm on May 23 last year.
On March 22 this year, the High Court (Appellate and Special Powers Division) allowed Nik Raina’s application for a certiorari order to stay Jawi’s action against her.
High Court judge Zaleha Yusof also allowed an application by Nik Raina for a declaration that the action by Jawi in seizing the books was null and void because it was done before the Home Ministry issued a ban on the book.

Borders regrets Jawi’s insincerity

Meanwhile, the COO of Berjaya Books Sdn Bhd, Yau Su Peng, said Borders deeply regretted the Syariah Court’s decision not to drop the criminal charge against Nik Raina.
“The incident this morning is unprecedented. Normally, when the prosecution has intimated its withdrawal of any criminal charge and has conceded that the charge is invalid and illegal, the court would not prevent such withdrawal and would in fact on its own motion strike down the
charge.
“Thus, the decision by the Syariah Court was quite out of the ordinary. It is to be noted that the case had not started,” Yau said in a statement.
Yau added that there was no prejudice to anyone if the criminal charge had been withdrawn today, and the whole criminal case be brought to a swift end.
“There was no interference whatsoever on the Syariah Court’s jurisdiction,” Yau added.
Yau also said that the charge by Jawi against Nik Raina was wrongful and illegal, adding that since she was charged on June 19, 2012, she and her family had to suffer great humiliation and trauma.
“She is a Muslim and like many Malaysian Muslim women, she wears the tudung as respect for her faith. However, her image as a respectable Muslim woman was severely tarnished because the charge made by Jawi against her was that she distributed a book that defiled Islam.
“In a majority Muslim country like Malaysia, an allegation that a person has defiled Islam generates all kinds of negative implications,” added Yau.
Nik Raina meanwhile said she was deeply shocked by the Syariah Court decision.
“I have been truly victimised and can only hope that my employers will continue to assist in clearing me of the baseless and unfair charge,” she said.

- See more at: http://www.freemalaysiatoday.com/category/nation/2013/10/07/borders-manager-to-face-syariah-charge/#sthash.klmYM7kJ.dpuf