KUALA LUMPUR, March 18 — The Federal Territory Islamic Affairs Department’s (JAWI) appeal against the discharge of Borders manager Nik Raina Nik Abdul Aziz by the Shariah courts risks causing a conflict between Malaysia’s twin legal systems, the moderate Malay group G25 said today.

Expressing “great concern” over the appeal, the G25 group said the Federal Territory’s Chief Syarie Prosecutor’s (KPS) — who is attached to JAWI — actions would give rise to jurisdiction clash between the Shariah courts and civil courts.

“The appeal by the KPS JAWI to the Syariah Court of Appeal may well have the effect of putting the Shariah and civil courts on a collision course, and manifest a conflict of laws and conflict of jurisdiction issues,” the group of prominent Malays said in a statement.

The Chief Syarie Prosecutor could also risk legal action for his alleged contempt of two court orders from the civil courts, which called for the prosecution against Nik Raina in the Shariah courts to be discontinued due to illegality, the group said.

“The action of the KPS in disregarding the two court orders will put him at risk of committal proceedings being instituted against him,” the G25 added, referring to two previous orders by both the civil High Court and the Court of Appeal.

On February 26, the Shariah High Court granted Nik Raina a discharge not amounting to acquittal, effectively releasing her from a Shariah charge that could have seen her jailed for up to two years or fined a maximum RM3,000.

But on March 9, the Federal Territory’s Chief Syarie Prosecutor filed an appeal against the Shariah High Court’s decision to discharge the Borders bookstore branch manager from the charge of selling a purportedly un-Islamic book.

While commending Nik Raina’s employers for supporting her during the “traumatic period” that spanned close to three years, the G25 urged them to find further ways to uphold her legal rights and hold those responsible for her ordeal accountable.

“The KPS, the Director-General of JAWI and all its officers involved in the prosecution of Nik Raina must be held accountable for their questionable action against her. These actions do not reflect the principles of justice, mercy, compassion and wasatiyyah in Islam,” it said, referring to the concept of moderation.

The group, which includes former senior civil servants among its ranks that has since swelled to 44, also urged Malaysia’s public authorities to uphold the rule of law and the supremacy of the Federal Constitution.

“In conclusion, we, the G25, implore the federal and state governments, their departments and agencies, Parliament and Parliamentarians, the Attorney-General Chambers and all public authorities responsible for the administration of the country over which we Malaysians have entrusted upon them, to put in place the necessary legal safeguards to prevent miscarriages of justice and to uphold the principles of Justice and Equality as enjoined in the Holy Quran and enshrined in the Federal Constitution,” the G25 said.

Nik Raina was charged for being a Muslim manager at a Borders bookstore branch that carried the book, “Allah, Kebebasan dan Cinta”, which was translated from its original English version written by Canadian author Irshad Manji.

JAWI raided the Borders outlet in The Gardens where she is a manager on May 23, 2012, even before the book was banned by the Home Ministry, and arrested her a week later.

On June 19 2012, she was charged under Section 13 (1) of the Syariah Criminal Offences (Federal Territory) Act for allegedly selling and distributing a book that is contrary to Islamic laws.

On March 22, 2013, the Kuala Lumpur High Court ruled that JAWI had acted illegally in raiding Borders, seizing the books and charging Nik Raina. JAWI was then ordered to withdraw its charges against her in the Shariah court.

On December 30, 2014 the Court of Appeal also ruled in favour of Nik Raina, and said the prosecution against her was “unreasonable, irrational” and done in bad faith, and that it was against the “principle of fairness and justice” for JAWI to prosecute Nik Raina for an offence in the Shariah court simply because she was a Muslim and because it could not charge the company and her non-Muslim supervisor.