KUALA LUMPUR, June 23 — Borders bookstore manager Nik Raina Nik Abdul Aziz pleaded with the Federal Territories Islamic Department (JAWI) today to stop hounding her in court for the allegedly Islamic offence of selling a book it had banned three years ago.
Nik Raina, whose nightmare in the Shariah Court was concluded today, begged JAWI to withdraw its appeal on the case in the Federal Court.
“I truly hope to the chief Shariah prosecutor to not pursue their appeal in the Federal Court in August.
“I feel there are more cases with bigger issues and valid concerns to be addressed, so this case does not benefit anyone and it wastes a lot of money..that’s all I can say..so I seek the goodwill of the chief (Shariah) prosecutor to not pursue this anymore,” she said in a news conference outside the Federal Territories Shariah Court complex here.
“Every time I have to come, I ask, why must I come for this for all these? I just want a normal life, a normal routine..go to work come home to my family.. but this distracts it all..disturbs my life,” she added.
Earlier today, a three-judge panel at the Shariah Court of Appeal here allowed an application by JAWI to withdraw the lawsuit it brought against Nik Raina.
The judging panel led by Datuk Seri Dr Md Yusup Che Teh unanimously agreed to have the case retracted, as requested by JAWI through an application filed on March 9 this year.
However, Nik Raina has one last legal battle at the Federal Court — the highest court in the civil legal system.
Despite the Kuala Lumpur High Court and Court of Appeal ruling in Nik Raina’s favour in her judicial review challenging JAWI’s actions, the Islamic department and two ministers later filed for leave to appeal at the Federal Court.
On August 25, the Federal Court is due to hear arguments from both sides before it decides if JAWI can go on with its appeal.
Pouring her feelings, Nik Raina said that attempts to prosecute her over her clear non-involvement in the sale of the books in questions had also smeared the image of Islam both nationwide and overseas.
“This gives a bad impression to the Muslims, though this incident only affects a few and not all Muslims.
“Cases like these paints Islam badly not only to the community here in Malaysia..now the whole world knows about this and it is not something exciting,” Nik Raina said, adding that she dreaded coming to the Shariah Court every time when her case is fixed for hearing.
Nik Raina said that despite having two civil courts ruling in her favour, life has not been good, owing to stigma from her own Muslim community, over her purported doing.
“We know some Muslims are open minded and know what is right and wrong but the stigma from some still exists though I didn’t do anything wrong..people still view me as a criminal..that’s not great.”
Nik Raina said that the skewered view from some parts of her own Muslim community however, only served to make her a much stronger person.
“The stigma is still there but the support is greater, so this ordeal has made me much stronger. I am a very shy person by nature, but all the support given to me has made me strong,” she added.
In 2012, JAWI had arrested Nik Raina well before Irshad Manji’s “Allah, Kebebasan dan Cinta” book was banned, later charging her over the selling of the Malay translation that the Islamic authority considered to be against Islamic laws.
Charged under Section 13 (1) of the Syariah Criminal Offences (Federal Territory) Act, Nik Raina could have landed in jail for up to two years or be fined RM3,000 if convicted.
Despite the Shariah High Court this year granting Nik Raina a discharge not amounting to acquittal, JAWI filed for appeal.
Last December, the Court of Appeal ruled in favour of Nik Raina, stating that JAWI’s prosecution against her simply because she was a Muslim and because it could not charge the company and her non-Muslim supervisor was “unreasonable, irrational” and against the “principle of fairness and justice”.
