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Saturday, July 14, 2012

Syariah Court okays bringing forward Border's case



A day after Border's bookstore's counsel strongly opposed the Federal Territory Islamic Department's (Jawi) application to bring forward its case, it received a letter from the Kuala Lumpur Syariah Court consenting to the authorities' move.

Hence the religious authorities' case against Border's store manager, Nik Raina Nik Abdul Aziz, initially scheduled for mention on Sept 19 at the Syariah High Court, will now be on Aug 7.

This raises the question of whether Jawi truly respect the civil courts or in the separation of jurisdictions, or is Jawi intent on causing a conflict between the civil High Court and the Syariah Court.
NONEJawi charged Nik Raina, 36,(left) last month with distributing Irshad Manji's book, ‘Allah, Liberty and Love' after its officials raided the bookstore between 8.41pm and 9.45pm on May 23.
If convicted, she is liable to a maximum fine of RM3,000 or two years' jail, or both. May 23.

In reality the book was only banned by the Home Ministry's Quran text and publications unit on May 24, and gazetted on May 29, six days after the raid.

Malaysiakini tried to contact the bookstore's lawyers from Lee Hishammuddin Allen & Gledhill, but they were unavailable for comment.

The wheel turns and turns

It is learned that Berjaya Books Sdn Bhd which operates the book chain received a letter dated July 6 to that effect yesterday. 

When Nik Raina was charged, Border's lawyers had informed the court that they had filed a judicial review, hence the court had fixed mention for Sept 19. 

Berjaya Books had on June 25, obtained leave (permission) from the Kuala Lumpur High Court. However, Jawi wrote to the Syariah High court on June 27 asking for an early date citing public interest in the case and for explaining it to the media and bloggers.

Berjaya Book's lawyers, had written to Jawi on July 5 and the Syariah court strongly opposing this move.

The Syariah High Court in a letter dated July 6 which Berjaya Books had just received had agreed with Jawi's application.
NONEIt would appear that the court did not take the company's strong objections into consideration.

Berjaya Books chief operating officer Yau Su Peng (left) confirmed with Malaysiakinitoday that the case had been brought forward.

"In asking for an earlier date for the Syariah proceedings to be heard, Jawi appears to be trying to circumvent the hearing of the stay application which the Civil High Court has fixed for July 30 and the judicial review hearing for Sept 5."

Legal sacrificial lamb?

Border's had strongly opposed Nik Raina being charged as she is not authorised to select books. However, Jawi cannot charge the company or non-Muslims from the company as it does not have that jurisdiction.

As a result Nik Raina had to face the rap.

To Border's and Berjaya Books' credit they have been with her all the way with Yau and Borders assistant general manager (operations and merchandising) Stephen Fung Wye Keong empowered to books are appearing with Nik Raina in the Syariah High Court and the KL High Court. 

NONEManji, (right) the controversial Uganda born Canadian author, was down in Malaysia in May to launch her recent work which was translated into Bahasa Malaysia by ZI Publications Sdn Bhd.

ZI Publications was not spared either as the Selangor Islamic Affairs Department summoned the company's director Mohd Ezra Mohd Zaid once the book had been published.

On July 8 ZI Publications also filed a judicial review challenging the religious authorities action.

1 comment:

  1. 敬爱的佛教信土:
    我是甲洞三宝寺 (暹廟) SAMNAK SAMBODHI BUDDHIST ASSOCIATION NO: 19-21 JALAN 38 TAMAN DESA JAYA KEPONG 52100 KUALA LUMPUR, MALAYSIA. 的理事, 当任此职多年, 对内的事務也一清二楚。

    最近, 在网络上看了PHRA PIYATHAMMO和尚和马华公会鸱唛区主席叶金福(Yip Kum Fook, MCA Gombak)律师的双方信件, 使我的内心久久不能平伏, 良心受到很大的譴責, 不吐訢不痛快, 所以我要誠恳的説:他叶金福(Yip Kum Fook, MCA Gombak)侓师叫外来的流流氓到三宝寺(暹廟)挑衅和尚打架及电招警方人员扣捕沙彌, 其嘲笑手法, 不外是要显示其权力, 而鞏固其职位, 以达到权力就是一切, 好让住持难堪, 自动離开, 方便行事……这种举动, 已间接的表逹其含意, 住持和尚兼顾问, 都无能为力,你们这些信徒能做什么?即使告马耒西亜佛教总会又能为难什么?这种心态, 的硧令人反感, 不是一个正信佛教者应有的行为。

    至今, 三宝寺的理事成员多数是其親戚, 这是实事, 加入会员需交RM100元费用,同时,必须经过叶金福(Yip Kum Fook)律师的同意,否则免談, 所以会员也不多。

    马华公会鹅唛区主席叶金福(Yip Kum Fook, MCA Gombak)律师,自控制三宝寺之後,把三宝寺(暹廟)当着私人產業,聘用和尚賺钱,利用佛教的道地为政治活动埸所,而处理三宝寺的钱财也不透明?这点,值得信众追问。马来西亚地擴人多,和尚也不缺乏,为什么不用本地和尚当任住持化缘,却偏偏劳心劳神,浪费签证费,交通费? 还要烦劳梹城佛总的推荐信, 向文化不同, 而語言又不通之千哩外囯缅旬和尚求助? 为什么….为什么? 只要我们用头脑想一想,便一日了然, 不必晝虎添足。

    叶金福(Yip Kum Fook, MCA Gombak )律师说:欢迎任何人如有意见,可以电话03:62762369/0122039700 Email: YIPKUMFOOK@HOTMAIL.COM 戓到其马华公会鹅唛区会甲洞三宝寺及以下地圵:NO.2,B JALAN 53 TAMAN DESA JAYA KEPONG 52100 SELANGOR, MALAYSIA.討論, 我要老实的提醒大家, 最好不要一个去見他, 因为这个人狡滑, 笑裡藏刀, 很阴险, 出家人都不放在眼裡, 連TAMAN DAYA 52100 KEPONG, KUALA LUMPUR. 众人的印度廟也敢放火燒, 利用权势把场地佔为己有, 由此可见, 他是何等的心毒? 还有现在三宝寺内, 各处都按裝计孔监视来人一举一动。

    目前, 三宝寺很多信徒及当地居民, 已经对叶金福(Yip Kum Fook, MCA Gombak )律师不满, 但也不能做什么。他计划把三宝寺主席的职位轉给其子YIP JIUN HANN律师, 续承皇朝. 想近一部了觧詳情, 可上网得知。

    再说, 根据前理事在网络上给叶金福(Yip Kum Fook, MCA Gombak)律师的批評, 説他懂得包裝自己的道德守则, 以宗教为幌子手, 到处募款, 啇業经营, 政治活动为重, 并没依循佛教守則行事, 也没对人道作出貢献, 只不过借三宝寺宗教之名捞取权和私利而己, 其言也不为过, 是实事。

    在此, 我恳切希望, 廣大的佛教信仰者, 给予关注, 并共創義举, 弘扬佛教. 谢谢。

    Mr Lim Sok Chia敬啟
    Ms Yap

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