Shariah Court lauded for showing compassion to Borders staff

Borders Bookstore manager Nik Raina Nik Abdul Aziz says she has realised her role to ensure other Muslims are not harassed for doing their jobs. – The Malaysian Insider file pic, February 26, 2015.

The Shariah Court's decision to discharge an employee of Borders Bookstore for selling and distributing a controversial book supports the right of Muslims to work without the threat of being arrested and prosecuted without just cause, Sisters in Islam (SIS) said today.

The advocacy group praised the Shariah court for showing "compassion" in the interest of justice and for recognising the agony experienced by Borders manager Nik Raina Nik Abdul Aziz during the course of her case.

"The decision by the Kuala Lumpur Shariah High Court to discharge Nik Raina Nik Abdul Aziz is very much welcome and highly anticipated," SIS said in a statement.

"For three long years, Nik Raina was stigmatised by the accusation that she had insulted Islam and was treated like a criminal, when in fact she was just doing her job as a bookstore manager."

SIS said it concurred with shariah judge Mohd Amran Mat Zain that although Malaysia had two judicial systems, the spirit of both the civil court and the shariah court were grounded in justice.

"By discharging Nik Raina and disallowing further delay to the case by the Federal Territory Islamic Religious Department (Jawi), the honourable judge put into practice the Islamic principles of justice and fairness, as envisaged by the Federal Constitution," the group said.

"This is in line with Surah An-Nisa verse 135, which states, 'O ye who believe! Stand out firmly for justice as witnesses to Allah even as against yourselves or your parents or your kin and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts) lest ye swerve and if ye distort (justice) or decline to do justice verily Allah is well acquainted with all that ye do'."

SIS said the judge had acted in the spirit of the verse, adding that they hoped the Attorney-General's Chambers would maintain the same principles and not act further against Nik Raina.

"We hope that the Attorney-General’s Chambers will espouse these same higher ideals of justice and fairness by not pursuing any further appeals in defence of Jawi’s unlawful actions before the Federal Court," SIS said.

Earlier today, Nik Raina was given a discharge not amounting to an acquittal by the Shariah High Court on a charge of selling and distributing Irshad Manji's book, "Allah, Liberty and Love".

She was charged under Section 13(1) of the Shariah Criminal Offences (Federal Territories) Act, which carries the punishment of up to RM3,000 fine or up to two years’ jail, or both, upon conviction.

On May 23, 2012, Jawi conducted a raid at the bookstore and Nik Raina was subsequently accused by the religious authority of breaching Islamic laws by distributing or selling the book.

Following her discharge, Nik Raina said her ordeal had made her realise her larger role to ensure other Muslims were not harassed for doing their jobs.

Nik Raina said most of the management staff at Borders were Muslims, and she feared they could be subject to the same intimidation if she did not stand up for her rights in facing the charges.

"I stand here today not only for myself, but for all my colleagues, especially the Muslims who could face the same action by the religious authorities for merely doing our jobs," she said.

- TMI