July 14, 2012
The JAWI Circus continues in the Syariah Court
by Hafiz Yatim@http://www.malaysiakini.com
A day after Borders Bookstore’s counsel strongly opposed the Federal Territory Islamic Department (Jawi)’s application to bring forward its case, it received a letter from the Kuala Lumpur Syariah Court consenting to the JAWI’s move.
Hence the religious authority’s case against Border’s store manager, Nik Raina Nik Abdul Aziz, initially scheduled for mention on September 19 at the Syariah High Court, will now be on August 7.
This raises the question of whether JAWI and the Syariah courts truly respect the civil courts or in the separation of jurisdictions.
Jawi 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 Circus continues
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, Borders’ lawyers had informed the court that they had filed a judicial review, hence the court had fixed mention for September 19.
Berjaya Books had on June 25, obtained leave (permission) from the Kuala Lumpur High Court. However, JAWI 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.
It 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 Malaysiakini today 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 September 5.”
Legal sacrificial lamb?
Borders 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 Borders 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 appearing with Nik Raina in the Syariah High Court and the KL High Court.
Manji, (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.
Din Merican: the Malaysian DJ Blogger 
The circus continues and justice thwarted. This will be a test for the Syariah Court to see whether it is fair and just.–Din Merican
This case is destined to be seminal case over the issue of jurisdiction. Which court has jurisdiction? Syariah Court or the Civil Court. I bet the legal fraternity welcomes this. Let’s hope it will be a landmark case on the issue of jurisdiction. The water has been muddied ever since they amended the Federal Constitution 1957 and introduced for the first time what could be argued as a double-tracked justice system.
It will now go to the Supreme Court on the limited issue of jurisdiction. You will not see a trial any time soon. I hope Raina is not persuaded and plead no contest (as we say over here) and pay the fine to spare her the mental distress of having to go through a trial. That will be a big let-down.
What says you the only other legal eagle in the room??
“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 September 5.”
This is a strategic decision by JAWI. It is trying to retain jurisdiction over the case.
Apparently it has both an in personam and subject matter jurisdiction over the case. I say “apparently” because this is a matter in issue.
“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.”
No in personam jurisdiction over non-Muslim manager and in personam jurisdiction over Nik Raina who is a Muslim. Also Sec 13 of the Syariah Criminal Offences (FT) Act 1997 makes it an offence for a “person”. Since they cannot get to the pubisher, printer this poor woman is being forced to face the fury and made an example of to deter others.
Oh, so the book the subject matter of controversy was translated into bahasa? Well, that means person or persons behind the translattion and printing are not spared. Hell hath no fury than JAWI scorned.
Jawi – i support you…go to hell these ultra stupid human being – if they do not want to change/repent, may they rot in hell forever.
Hi DM,
If the book was so toxic, Im surprised the publisher was so confident of its release that they bothered to translate it. Manji’s previous book was banned already I think.
To the pustular wanks with the charisma of ‘katak di bawah tempurung’,
Having received your Epistle dated so&so, we the onlookers, of this saga against the aforesaid accused, are appalled at your bullying tactics sorely tainted with hypocritical disregard of civil decorum and laws. Your puerile attempts and techniques in perverting social truth/justice, reveals that you ‘takut kalah’, ‘hilang maruah’ and to lose considerable face-water (air muka’). However, you risk opprobrium worse than that of a cuckolded jackass.
We therefore urge you to return to the avowed path of your sanctified, Holy Prophet, which is True Justice. What you seek now is an arm and leg for an eye. Thus, ‘jolok mata’.
There is still time to seek recompense in the Halls of Valhalla, as this amok-ing is quite similar to Viking berserk-ing.
It is completely understandable that you do not understand a single word here, except those in parenthesis. Kindly consult an English-Malay dictionary of repute, published without a ‘Halal’ logo by ‘Jakim’. Do the Just thing, and don’t hide beneath the Syariah Court politicians.
A kangaroo court in all its splendour. Leave it to the pak lebais in Jakim and this is what you get. Where are we heading to?
truly justice in UMNOland.
do we hear a squeak from MCA/MIC?
Rejoice, my fellow readers.
The more these idiots flex their muscles, the better the chance of regime change.
JAWI wants to be cops, judge and jury. Scary situation there if left unchecked. First they commit false arrest, now they want case to be tried by their likes and as we speak we already know the verdict handed down by Jakim. Where do we go from here?
Syariah COurt POLITICIANS. Very apt. It looks like we are fighting a loosing battle because we are stupid human beigns and if we dont repent we are going straight to hell, so sayeth God’s right hand man.
To the out-house.
CLF , urge them to re visit the Holy Porphets conduct and True Jusitce? Gosh that will be the day wont it?
You guys should welcome this case. We have JAWI to thank for it. It will be a test case on the issue of jurisdiction and many other issues.
Life goes on baby!
Perhaps i should explain the metaphorical context of my scarlet invective to the jackasses, Kat? But that will be in vain; and i’ll leave that for their most inane ‘wonderings’.
The point is that they are so irrefutably dense and childish, especially when they are caught with their hands in the cookie jar – persecuting the innocent. Their sense of shame is masked by attempts to extricate themselves of blame and chucking the whole mess of worms to their lord and master, the irredeemable Literal-Legalistic minded Idiots. It is and was a crime of passion and intuition, born of years devoid of Allah.
They do not love their God, they merely follow orders of history.
*History here, is defined as the ‘certainty’ at the point in which imperfections of memory meet the inadequacies of documentation (Julian Barnes: ‘The Sense of an Ending’)
JAWI wants to be cops, judge and jury. Scary situation there if left unchecked. First they commit false arrest, now they want case to be tried by their likes and as we speak we already know the verdict handed down by Jakim. Where do we go from here?
orang malaya – July 15, 2012 at 3:32 am
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We would like to think we understand the doctrine of separation of powers. We tell ourselves that we need to keep powers separated so they are not abused. We did. At the begining. We have the legislature making and passing laws, the Judiciary interpreting the law, the AG’s Chamber prosecuting and the police investigating and enforcing the law. Then somewhere along the line, we started to get creative and set up independent agencies with administrative and prosecutorial powers. And that’s where the confusion sets in. A good case is MACC. Functions are not only duplicative but they blur the lines and contravene the very principle we subscribe to i.e. the constitutional principle of separation of powers.
We also got creative with syariah law. We had the federal constitution amended to elevate the status of syariah law to the level of civil law (based on the English common law), and set up more syariah courts, train more syariah lawyers and judges (giving them the credentials they would need) and set up universities to train them.
The one thing we should have done that we fail to do is to give our Income Tax Department prosecutorial powers. And the reason is obvious.
Instead what we have is JAWI playing cops and robbers and cowboys and Indians. I have no problem giving them water pistols and stink bombs but these are real guns and real bullets and bows and arrows they are using. I wish they would put one arrow into Najib’s butt.
Ishak kassim, how is justice served to Nil Raina?
Ishak kassim, how is justice served to Nil Raina?
Zakgaz – July 15, 2012 at 7:02 pm
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How served to Nik Raina?? Definitely not on cheap Corningware or daun pisang. She is the dish. Never heard of ‘nyotaimori’?