Nik Raina: Free At Last


February 26, 2015

Nik Raina: Free At Last

by Jennifer Gomez@www.themalaysianinsider.com

Nik Raina Nik Abdul AzizNik Raina of Borders

Borders Bookstore Manager Nik Raina Nik Abdul Aziz said that legal battle with Islamic authorities over a charge of selling and distributing a book deemed to be against Islam had changed her and made her realise her larger role to ensure other Muslims are not harassed for doing their jobs.

Given a discharge not amounting to an acquittal by the Shariah High Court today, Nik Raina said she had been a shy and reserved person before the raid on May 23, 2012 on the bookstore where she worked, but her ordeal had turned her into a more outspoken person.

Along the way, she realised that she had a role to play in facing up to the charges against her.Nik Raina said most of the management staff at Borders are 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 Irshad Manjiwho could face the same action by the religious authorities for merely doing our jobs,” she said outside the court today.

Nik Raina had been charged with selling and distributing the book “Allah, Liberty and Love” by controversial Muslim writer Irshad Manji (right).

The Borders employee said she drew comfort from the company’s top management, adding that Berjaya Group founder Tan Sri Vincent Tan would always tell her when they met at company events, “Do not be afraid”.

Nik Raina said she would never forget these words, which were also repeated to her by Tan’s son, Datuk Robin Tan, after he took over his father’s portfolio in the group.

“He would tell me what his father used to say to me, to not be afraid, that I have done nothing wrong,” she said.Still, Nik Raina never imagined when she took this job over seven years ago that she would get into this much of trouble.

Yet, even after the ordeal, there was nowhere else she would rather work because she felt it was “right” to be working with Borders, she said as she fought back tears.

“From the first day I had my interview with them, it felt like the right place to be, because the interviewers were so welcoming.I would not want to be anywhere else,” she said.

Nik Raina said she felt that the Shariah prosecutor’s submission in court today, where he had told the Judge that the pressure she faced was not his problem, was as though his main intention was to punish her.

Rosli Dahlan (new)Nik Raina’s “Best Lawyer Ever”

This was after her lawyer, Rosli Dahlan, submitted that Nik Raina faced anguish and pressure in having this case hanging over her head for the past three years. “He could so easily say that I went the wrong way and so it was my problem.But he did not put himself in my shoes. And what about the anguish faced by my family, especially my father, who has been so worried about this case?” she said.

Nik Raina was equally emotional when she spoke about the support from Rosli.”He is the best lawyer ever”.

Release Nik Raina from this Persecution !


February 24, 2015

COMMENT: It has been 3 years since JAWI raided the Borders Bookstore at Mid-Valley, Kuala Lumpur. I have been writing since it first came to light in 2012 about the plight of Nik Raina who was accused of selling Irshad Manji’s book,”Allah, Liberty and Love”

I wanted to tell the Malaysian public that Nik Raina was denied her freedom to get on with her life and work by overzealous religious functionaries despite the fact that both the High Court and the Court of Appeal had ruled that the raid on Borders Bookstore was wrongful and illegal.

There is, therefore, no justification to charge Nik Raina Section under Section 13 (1) of the Shariah Criminal Offences (Federal Territories) Act. Instead, the Shariah Court should exercise its judicial discretion under Section 96 (g)‎ of the Shariah Criminal Procedure (Federal Territories) Act 1997 to discharge her.

Rosli and Borders1Lawyer Rosli with the Borders Team
I wish to congratulate Borders Malaysia for standing up for its employee and thank Lawyer Rosli Dahlan (above) for doing an excellent job on behalf of Nik Raina and her employer. Let us hope that good sense and justice will prevail on February 26, 2015. –Din Merican
image
FOR IMMEDIATE RELEASEStatement by the COO of Berjaya Books Sdn Bhd, Yau Su PengRELEASE NIK RAINA FROM THIS PERSECUTION!Kuala Lumpur
24 February 2015

1. On 23rd May 2012, enforcement officers of Jabatan Agama Islam Wilayah (‘JAWI’) raided Borders bookstore, seized several books and examined Borders’ Muslim and non-Muslim employees.

2. On 19th June 2012, Borders’ Muslim store manager, Nik Raina binti Nik Abdul Aziz, was charged in the syariah court, for an offence of distributing publication that is offensive to Islam under section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997. Since then Nik Raina has been on bail and is required to appear in the Syariah Court whenever ordered to do so.

3. On 22nd March 2013, the Kuala Lumpur High Court declared that the raid on Borders and the prosecution of Nik Raina were wrongful and illegal.

4. On 2nd April 2013, the Ketua Pendakwa Syarie of JAWI filed an appeal against the order of High Court. Thereafter, since 7th October 2013 the Syariah Court has postponed the syariah proceedings until JAWI’s appeal in the Court of Appeal is disposed.

5. On 30th December 2014, the Court of Appeal unanimously dismissed JAWI’s appeal and upheld the High Court’s judgment that the enforcement actions against Borders and the prosecution against Nik Raina were wrongful and illegal.

6. On 31st December 2014, solicitors for Borders wrote to the Ketua Pendakwa Syarie of JAWI and the Syariah Court requesting for the syariah criminal charge to be withdrawn in view of the judgment by the Court of Appeal. The Ketua Pendakwa Syarie did not reply to Borders’ solicitors.

7. By a notice dated 12th January 2015, the Syariah Court fixed the syariah criminal proceeding for mention on 26th February 2015.

8. The management of Berjaya Books Sdn Bhd, as the owner of Borders Bookstores, calls for an end and a closure to the criminal proceedings against Nik Raina. It has been three years since this incident happened. It has been three years since Nik Raina lost her absolute freedom to become a person who is currently under bail. It has been three years that Nik Raina has had to endure adversities in her life including being looked upon with suspicion by the Muslim community. Much cost and expense have been incurred to defend Nik Raina in the Syariah Court and to protect her rights guaranteed under the Federal Constitution in the civil courts.

9. Since then two superior courts, namely, the High Court of Malaya and the Court of Appeal have delivered clear pronouncements that JAWI’s actions and the prosecution against Nik Raina were wrongful and illegal. It is time that this matter is put to rest. It is time that the Syariah Court exercise its judicial discretion under section 96 (g) of the Syariah Criminal Procedure (Federal Territories) Act 1997 to discharge Nik Raina. There are clear and settled judicial precedents that empower the Syariah Court to do so. Section 96(g) of the Syariah Criminal Procedure (Federal Territories) Act 1997 (which is a reproduction of s.173(g) of the Criminal Procedure Code) provides:

“ s. 96(g) – nothing in paragraph (f) shall be deemed to prevent the Court from discharging the accused at any previous stage of the case if for reasons to be recorded by the Court it considers the charge to be groundless.”

10. The two judgments of the High Court and the Court of Appeal mean that the current syariah criminal charge against Nik Raina is groundless. It is to be noted that there has been no stay of execution against the two judgments which means that they are effective and must be complied with at all times. It is to be noted that JAWI has only filed a motion for leave to appeal to the Federal Court. JAWI has not obtained that leave and as a matter of fact there is no appeal pending. Even if JAWI wish to preserve its position, there is no legal justification for the syariah proceedings to be prolonged.

11. Therefore, when this matter is called before the Syariah Court on 26th February 2015, there is no basis either for the Ketua Pendakwa Syarie of JAWI or the Syariah Court to postpone this matter any further. At the very least, Nik Raina should be released by way of a discharge not amounting to an acquittal (DNAA). In that manner, Nik Raina’s freedom and personal liberty can be duly restored and neither JAWI nor anyone else will suffer any prejudice.

12. The Board of Directors and Management of Berjaya Books Sdn Bhd implore the Ketua Pendakwa Syarie and the Syariah Court to act in consonant with constitutional principles and the Rule of Law in order that justice may prevail for all and that Nik Raina’s fundamental rights as a free citizen is restored.

 

ABOUT BORDERS MALAYSIA

Borders in Malaysia is operated by Berjaya Books Sdn. Bhd. and is now wholly owned by Berjaya Corporation. Borders Malaysia goes beyond offering quality books, with educational and entertainment items. The first Borders Malaysia store opened its doors for business in 2005 at Berjaya Times Square, Kuala Lumpur. Today, there are six Borders Malaysia stores. They are located at The Curve, Mutiara Damansara; The Gardens, Mid Valley City; Tropicana City Mall, Petaling Jaya; Bangsar Village II, Bangsar, Queensbay Mall, Penang and IOI City Mall, Putrajaya.

Borders Malaysia offers a selection of almost 200,000 book and magazine titles. The urban bookstore chain believes in developing the culture of reading and aims to promote English literacy. To achieve this it looks to making reading and learning fun and exploratory. Another key characteristic of Borders is the personal service and the warm, reader-friendly ambience. There are also Borders Express stores, which cater to the specific needs of niche customers; there are two currently, located at Berjaya Times Square and Bangsar Village II.

For media enquiries, please contact Liza Ramli on +6019 387 4612
or e-mail lizaramli@lizaramli.com

 

Stop persecuting store manager, Borders tells JAWI

by The Malaysian Insider

http://www.themalaysianinsider.com/malaysia/article/stop-persecuting-store-manager-borders-tells-jawi

Nik Raina 2014

Borders Malaysia today demanded that store manager Nik Raina Nik Abdul Aziz (above)  be freed from further persecution by religious authorities, two days before she is to appear in the Shariah Court for allegedly selling and distributing a book contrary to Islamic laws.

In a statement, Borders Malaysia said that the charge was groundless as both the High Court and the Court of Appeal ruled that the 2012 raid on the bookstore had been wrongful and illegal.

“The management of Berjaya Books Sdn Bhd, as the owner of Borders Bookstores, calls for an end and a closure to the criminal proceedings against Nik Raina. It has been three years‎ since Nik Raina lost her absolute freedom to become a person who is currently under bail. It has been three years that Nik Raina has had to endure adversity in her life including being looked upon with suspicion by Muslims.”

The Shariah Court fixed the criminal proceeding for mention on February 26. Nik Raina was charged under Section 13 (1) of the Shariah Criminal Offences (Federal Territories) Act and if convicted could be fined up to RM3,000 or jailed up to two years, or both.

Borders Malaysia said the Shariah Court should exercise its judicial discretion under Section 96 (g)‎ of the Shariah Criminal Procedure (Federal Territories) Act 1997 to discharge her.

It said ‎the Federal Territories Islamic ‎Religious Department‎ (JAWI) had not filed a motion for leave to appeal to the Federal Court the decision made by the Court of Appeal last year.

“Even if Jawi wishes to preserve its position, there‎ is no basis either for JAWI or the Shariah Court to postpone this matter any further.

“At the very least, Nik Raina should be released by way of a discharge not amounting to an acquittal. In that matter, Nik Raina’s freedom and personal liberty can be duly restored and neither Jawi nor anyone will suffer any prejudice.”

On December 30, the Court of Appeal decided that JAWI ‎was wrong in raiding and seizing copies the controversial book “Allah, Liberty and Love” by Irshad Manji‎ from a Borders bookstore, upholding a lower court’s decision.

The book was seized before an edict banning it was issued and Jawi’s actions were deemed illegal and unconstitutional.

A three-man bench, led by Datuk Mah Weng Kwai, also held that JAWI’s actions against Nik Raina was unconstitutional and illegal and said her arrest and prosecution must be quashed.

This case has also shone a spotlight on the country’s parallel systems of civil law and shariah law, with the majority Malay-Muslim population being bound by the shariah.

The three respondents in the case were Berjaya Books Sdn Bhd, Borders assistant general-manager of operations and merchandising Stephen Fung, and Nik Raina.

The appeal was filed by JAWI, the Home Minister and the Minister in the Prime Minister’s Department in charge of Islamic religious affairs, Datuk Seri Jamil Khir Baharom.

The parties were appealing against the Kuala Lumpur High Court’s decision to allow Berjaya Books’s judicial review to quash JAWI’s actions in seizing Irshad Manji’s book from the bookstore.

On May 23, 2012, Jawi had conducted a raid at the bookstore and subsequently Nik Raina was accused by the religious authority of breaching the hukum syarak by distributing or selling the book “Allah, Liberty and Love”.

When JAWI conducted the raid, the book had not been banned and Nik Raina was not responsible for the buying and stocking of books and merchandise in Borders stores.

Despite a number of representations made by her lawyers on Nik Raina’s behalf, JAWI insisted on prosecuting her.

On June 18, 2012, Borders filed for leave to commence a judicial review on the legality of the raid, the process and prosecution of Nik Raina at a time when there was no ban of the publication.

The High Court subsequently granted leave for Borders to commence judicial review proceedings against JAWI for raiding, searching, seizing of publications and subjecting to examination and investigation Borders’s Muslim and non-Muslim employees.

They also sought legal clarification on the arrest and prosecution of Nik Raina for distributing by way of selling Irshad Manji’s book (in English) and the Malay translation “Allah, Kebebasan dan Cinta” which is said to be against Section 13 of the Shariah Criminal Offences (Federal Territories) Act 1997.

The Home Ministry banned the book on May 29, and the ban only came into effect on June 14, three weeks after the raid.

The then Home Minister Datuk Seri Hishammuddin Hussein, in his affidavit filed in the High Court, stated that JAWI had powers to seize books that are in violation of Islamic law even if they are not banned by the ministry.‎

“Although there had been no Prohibition Order on the date on which the book was confiscated by JAWI, the department is empowered to seize the book because the book had contravened Section 13 of the Shariah Criminal Offences (Federal Territories) Act 1997,” he wrote in his affidavit at the time.

On March 23 last year, the High Court in Kuala Lumpur ruled that Jawi had acted illegally in raiding the Borders bookstore at the Gardens Mall in Kuala Lumpur and seizing the book.

Justice Datuk Zaleha Yusof said in her judgment that JAWI had also acted illegally in charging store manager Nik Raina, a Muslim employee, at the shariah court in Kuala Lumpur. Following the judgment, Jawi filed an appeal against the High Court’s decision.

Nik Raina Case: JAWI goes to Federal Court


January 30, 201

Nik Raina Case: JAWI goes to Federal Court

by Hafiz Yatim@www.malaysiakini.com

Nik Raina 2014The government seems hell-bent on bringing Borders store manager Nik Raina Nik Abdul Aziz to book for selling a publication deemed controversial by religious authorities.

On Wednesday, two days before the expiration date, the Federal Territory Islamic Department (JAWI), the Home Minister, and the Minister in the Prime Minister’s Department, filed a leave application to take the matter all the way to the Federal Court.

All three parties are appealing against the Court of Appeal’s decision which dismissed JAWI’s challenge of a High Court ruling declaring its raid on the bookstore as unlawful.

Manji's Book

JAWI had raided the bookstore in a shopping mall in Kuala Lumpur on May 23, 2012 and seized copies of the Bahasa Malaysia translation of ‘Allah, Liberty and Love’ by Muslim Canadian author Irshad Manji.

At the time of the raid, the book has not been banned, but a prohibition on its sale was gazetted six days later on May 29.

On December 30, the Appeals Court, in a unanimous decision, dismissed the appeal by the three parties.

Nik Raina and Borders had filed a judicial review to challenge the raid and seizure in the Kuala Lumpur High Court.

Justice Zaleha Yusof ruled JAWI was wrong in seizing the book and taking action on Nik Raina, and ordered it to drop the charge against Nik Raina.

Nik Raina was charged under Section 13(1) of the Federal Territories Syariah Offences Act for distributing the book at Borders at The Gardens mall in Kuala Lumpur between 8.41pm and 9.45pm on March 23, 2013.

If found guilty, she faces a sentence of a RM3,000 fine and two years’ jail, or both, upon conviction.

Legal questions posed

In order to obtain leave, JAWI and the two ministers will have to pose questions of law that is to be decided by the highest court in the country.

In documents sighted by Malaysiakini, it is understood three questions are posed, namely:-

–Whether the court in exercising its civil jurisdiction can review the prosecution of criminal cases especially when the offence is against the precepts of Islam.

–whether no enforcement action can be taken against a corporate entity incapable of professing a religion for an offence under the Syariah law; and most importantly,

–whether an action by the religious authority which subsequently leads to a prosecution in the Syariah Court can be challenged and reviewed in the civil court.

No dates has been fixed yet by the Federal Court to hear the leave application.

In civil and judicial cases before the Federal Court, permission has to be obtained before the substantive part of the appeal process can be heard.

Despite the High Court decision which has been upheld by the Court of Appeal, JAWI has not withdrawn the charge against Nik Raina, resulting in this application.

‘Plea for compassion fell on deaf ears’

In an immediate reaction, Berjaya Books Sdn Bhd expressed disappointment over the government decision to appeal.

“At Berjaya Books, we are so very disappointed that our plea for JAWI to find the compassion to drop the charges against Nik Raina appear to have fallen on deaf ears,” said its chief operating officer Yau Su Peng .

Yau (right), who is also the General Manager of special projects at Berjayayau-su-peng Corporation Bhd, said 32 months have lapsed since the raid on their store and the susequent charge against Nik Raina at the Syariah Court.

“Both the High Court and the Court of Appeal have handed down decisions in our favour.What else do we need to do in order to defend our employee’s right to work?” asked Yau.

 

 

 

 

Kassim Ahmad: Stay Granted vs JAWI!


January 14, 2015

Newsflash: Breaking News

Kassim Ahmad: Stay Granted vs JAWI!

by Din Merican

Last week January 6, 2015, Public Intellectual Kassim Ahmad was devastated that Judge Asmabi dismissed his Judicial Review application despite seeing all the illegalities committed by JAWI in breaching their own laws, the laws of other states and the Federal Constitution just to arrest Kassim Ahmad and abduct him to Kuala Lumpur.

On January 8, 2015, Kassim’s lawyer Rosli Dahlan filed his appeal to the Court of Appeal. On January 9 the lawyer filed a Stay Application to hold back the syariah prosecution from proceeding. On January 10, Judge Asmabi Mohamed heard arguments from Rosli Dahlan and Senior Federal Counsel Shamsol Bolhassan. Judge Asmabi orderd the court’s doors to be locked and declared the open court as her chambers. Reporters were barred from coming in.

Rosli further argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments. Kassim, argued Rosli, was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Rosli  argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments.Kassim was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Judge Asmabi also fixed clarification and decision to this morning January 14. However, this morning was also fixed for the Syariah Trial. The Syariah prosecutors refused to back down. They disregarded Rosli’s request for postponement. They insisted that he must come. But Rosli can’t be in two courts at the same‎ time, one in Jalan Duta and the other in Putrajaya.

Rosli laid down these facts to Judge Asmabi including the fact that JAWI instituted disciplinary action against Rosli for acting for Kassim in filing the Judicial Review. They wanted to disqualify him from ever appearing in the Syariah Court. They wanted to make sure that they do not have an opponent like him ever again.

Finally the Judge saw how oppressive JAWI can be.‎ Finally something pricked the Judge’s conscience after Rosli showed all the facts and the law that are all in Kassim’s favor and there was just no reason for the Judge to still rule against Kassim. Finally, Rosli’s perseverance paid off. And it helped that this morning reporters were in court to hear further arguments from Rosli and SFC Maisarah which clearly showed that the facts and the law were all in Kassim’s favor. Rosli was unmincing in his words in pointing out that the Federal Counsel had misled the court in the cases cited.

Just now at 12.30, Judge As‎mabi relented. She held that the civil High Court can stay JAWI and the Ketua Pendakwa Syarie from proceeding with the Syariah Prosecution in the Syariah Court. ‎Rosli thanked the Judge profusely and then ran off to go to the Syariah Court in Putrajaya. What drama!

Congrats to Kassim Ahmad. Congrats to Rosli Dahlan. And shame on you JAWI and the Ketua Pendakwa Syarie for acting in such oppressive way. In the end, that became JAWI’s undoing. In the end, the Judge had to look into her conscience and decided enough is enough. Kudos to Judge ‎Asmabi.

Much as the Judge did wrong in not granting the Judicial Review, she still had judicial wisdom and conscience not to perpetrate an injustice. Kassim Ahmad is 82 yrs old, frail and sickly. What good does JAWI achieve in doing all these? In the end, JAWI will only earn public displeasure and disapproval.

To Kassim and his lawyer, I say well done. I say your fighting spirit will help develop a more robust law. Your fighting spirit will inspire younger people that the history of Man has shown that you cannot imprison the mind.

That is what democracy is about. That is what the Rukun Negara states that Malaysia shall be a democratic society where pluralism of cultures and beliefs are embraced and liberal ideas shall flourish. Judges must therefore uphold the philosophy of the country and the Federal Constitution!. Hidup Malaysia!

READ: http://www.themalaysianinsider.com/malaysia/article/jawi-barred-from-acting-against-kassim-ahmad-rules-court-bernama

Judges also forget The Rukun Negara


January 7, 2015

Judges also forget The Rukun Negara

by Din Merican

YA_AsmabiYesterday was a sad day for Malaysia when Judge Dato’ Asmabi Mohamad (left) dismissed public intellectual Kassim Ahmad’s application for Judicial Review. The Judge said that an aggrieved citizen cannot come to the High Court for judicial review against enforcement and investigative actions of the enforcement agency. She closed one eye to the wrongs committed by JAWI and said that Kassim can file a civil suit to get damages but the High Court will not review the unlawful arrest and detention, and other illegalities by JAWI.

Coming  hot on the heels of the Borders’ Appeal pronounced by the Court of Appeal on December 30, 2014, this is judgment startling. It seems that Judge Asmabi simply disregarded the guidance by Justice Mah Weng Kwai that since all Judges have taken the oath to preserve, protect and defend the Constitution, any law whether it is Federal or State Law which is in breach of the Federal Constitution must be struck down when challenged and the Federal or any State Government and/or its agencies which apply the law wrongfully must be corrected through the Judicial Review process.

Rosli Dahlan (new)Those who were in Court yesterday saw Lawyer Rosli Dahlan offering to the Judge a copy of the Royal Proclamation of the Rukun Negara. They saw the Judge putting aside the copy that was offered while remarking that the Rukun Negara is an old document. They heard Rosli reminding the Judge that if the Rukun Negara is an old historical document, therefore, the contents of the Rukun Negara would be well preserved in the judge’s breast and well rehearsed in the Judge’s mind. They heard Rosli reading the explanatory notes of the Rukun Negara on the role of the Court and praying that the Judge would obtain ‘hidayah’ (enlightenment) by this passage:

“Kedaulatan undang-undang terjamin dengan adanya sebuah badan kehakiman yang bebas serta mempunyai kuasa bagi memutuskan sama ada sesuatu perbuatan pemerintah itu sah atau tidak dari segi Perlembagaan undang-undang.”

In the end, that reminder would appear to have fallen on deaf ears when Judge Asmabi held that the superior civil High Court cannot interfere with the enforcement and investigative actions of JAWI regardless that JAWI may have acted unlawfully, illegally or unconstitutionally.

Perhaps, it is time that we, Malaysians, are reminded about the Royal Proclamation of the Rukun Negara and its aspirations. I reproduce the Rukun Negara, its preamble and explanation for us to reflect where we have gone so wrong in being what we are today.

RUKUN NEGARA

Rukun Negara adalah Perisytiharan Diraja oleh Seri Paduka Baginda Yang di-Pertuan Agong Keempat, Almarhum Tuanku Ismail Nasiruddin Shah ibni Almrahum Sultan Zainal Abidin III pada 31/8/1970.

Perisytiharan Rukun Negara:

Bahawasanya negara kita Malaysia mendukung cita-cita untuk mencapai perpaduan yang lebih erat di kalangan masyarakat :

  • Memelihara satu cara hidup demokratik ;
  • Mencipta satu masyarakat yang adil di mana kemakmuran Negara akan dapat dinikmati bersama secara adil dan saksama;
  • Menjamin satu cara yang liberal terhadap tradisi-tradisi kebudayaaannya yang kaya dan berbagai-bagai corak;
  •   Membina satu masyarakat progresif yang akan menggunakan sains dan teknologi moden;

Maka kami rakyat Malaysia ,berikrar akan menumpukan seluruh tenaga dan usaha kami untuk mencapai cita-cita tersebut berdasarkan prinsip-prinsip yang berikut :-

• Kepercayaan kepada Tuhan
• Kesetiaan kepada Raja dan Negara
• Keluhuran Perlembagaan
• Kedaulatan Undang-undang
• Kesopanan dan Kesusilaan

HURAIAN

A  ​KEPERCAYAAN

1. Negara Bersatu

• Kita mendukung cita-cita hendak mencipta satu Bangsa dan Negara di mana ahli-ahli masyarakatnya menganggap diri mereka sebagai rakyat Malaysia tanpa mengira keturunan atau kepercayaan dan agama masing-masing.Malaysia adalah terdiri dari berbilang kaum dengan berbagai-bagai persoalannya.Keadaan ni bertambah rumit oleh kerana sesetangah golongan ekonomi yang terdiri daripada kaum-kaum tertentu yang dengan secara kebetulan pula terdapat di kawasan – kawasan tertentu.Masyarakat ini pula dibelahbagi oleh jarak generasi yang jelas sehingga perhubungan yang berkesan di antara generasi bertambah susah di laksanakan.Walau demikian, dari unsur-unsur yang berlainan ini, kami bercita-cita hendak membentuk satu Bangsa dan Negara yang bersatupadu di mana kesetiaan dan perasaan cinta tidak berbelahbagi terhadap bangsa dan Negara selaras Perlembagaan yang mengatasi segala kesetiaan terhadap mana-mana pihak yang lain. Kita mendukung cita-cita memelihara satu system pemerintahan di mana Negeri-negeri anggotanya bergabung dalam bentuk kerajaan bersekutu dan dalam Persekutuan ini tujuan-tujuan kebangsaan akan diusahakan selaras dengan pemeliharaan hak-hak kerajaan negeri.

2. Masyarakat Demokratik

•Kita mendukung cita-cita hendak memelihara satu cara hidup demokratik di mana kekuasaan akhirnya terletak pada rakyat yang bertindak melalui Parlimen yang dilantik menerusi Perlembagaan.Kita semua menganggap diri kita sebagai rakyat Malaysia dengan tidak mengira keturunan atau kepercayaan dan agama masing-masing. Dalam sistem kita ini kepentingan Bahasa dan Negara mesti didahulukan. Kepentingan keseluruhan hendaklah diutamakan lebih daripada kepentingan sesuatu pihak kerana jika tidak demikian,nescaya kestabilan dan keselamatan Negara akan terancam. Perlembagaan kita menjamin asasi dan kebebasan kegiatan-kegiatan berpolitik asalkan tidak melanggar undang-undang Negara,tetapi hak-hak ini tidak boleh disalahgunakan,atas nama demokrasi bagi membakar perasaan perkauman atau bagi memusnahkan demokrasi.

3. Masyarakat Adil

• Kami mendukung cita-cita hendak mencipta satu masyarakat yang adil di mana semua anggotanya mempunyai peluang yang sama untuk menikmati kekayaan Negara.Sesuatu masyarakat yang adil akan wujud jika kekayaaan Negara dibahagi dengan adil saksama.Untuk mencapai tujuan ini amatlah penting pihak-pihak yang lemah dan berkurangan diberi bantuan supaya mereka dapat bertanding setaraf dengan pihak-pihak lain. Masyarakat adil yang kita cita-citakan itu bebas dari penindasan seseorang terhadap yang lain.

4. Masyarakat Liberal

• Kita mendukung cita-cita hendak memelihara wujudnya dan perkembangan satu masyarakat yang liberal di mana anggotanya bebas menganut agama, adat resam dan kebudayaan masing-masing yang berkesesuaian dengan kepentingan perpaduan Negara. Bangsa dan Negara Malaysia sesungguhnya mempunyai kekayaan dan perbezaan kebudayaan. Kami bercita-cita hendak mencipta satu masyarakat di mana keadaan berlainan budaya itu boleh menguntungkan dan menjadi sumber kekuatan kepada Bangsa dan Negara Malaysia.

5. Masyarakat Progresif

• Kita mendukung cita-cita hendak menegakkan satu masyarakat yang progresif,yang mengikut langkah kemajuan sains dan teknologi di samping mengamalkan nilai-nilai ketuhanan.Dunia kini sedang menyaksikan perubahan-perubahan bersifat revolusi dalam bidang ilmu pengetahuan sains dan teknologi.Masyarakat progresif yang cita-citakan itu adalah satu masyarakat yang bergerak maju sejajar dengan kemajuan sains dan teknologi serta tidak terkeluar dari batas nilai-nilai ketuhanan.

B)​ PRINSIP

1. Kepercayaan kepada Tuhan
• Bangsa dan Negara ini telah diwujudkan atas kepercayaan yang kukuh kepada Tuhan. Sesungguhnya dengan nama Tuhanlah, Bangsa dan Negara ini diwujudkan sebagai sebuah Bangsa dan Negara yang berdaulat. Islam adalah agama rasmi Persekutuan. Agama-agama dan kepercayaan-kepercayaan lain boleh diamalkan dengan aman dan tenteram dan tindakan membeza-bezakan terhadap seseorang warganegara atas alasan agama adalah dilarang.

2. Kesetiaan kepada Raja dan Negara
• Malaysia adalah sebuah Negara yang mengamalkan pemerintahan beraja yang berpelembagaan dan Seri Paduka Baginda Yang di-Pertuan Agong ialah Ketua Negara yang Berdaulat. Selaras dengan kedudukan Yang di-Pertuan Agong sebagai seorang Raja di bawah Perlembagaan, maka demikianlah juga sisitem beraja akan berlangsung dengan Baginda Raja-Raja sebagai ketua Negeri masing-masing. Seri Paduka Baginda Yang di-Pertuan Agong, Raja-Raja dan Gabenor-gabenor merupakan lambang perpaduan oleh itu, Baginda berada di luar politik. Kesetiaan yang dikehendaki daripada setiap warganegara adalah menumpukan sepenuh taat setia yang benar-benar jujur. Selain itu mereka yang menjadi rakyat Raja-Raja hendaklah juga menumpukan taat setia setia kepada Raja masing-masing tetapi dengan tidak mengurangkan taat setia mereka kepada Yang di-Pertuan Agong dan Persekutuan. Kesetiaan ialah jiwa bangsa kita. Kesetiaan dari hati sanubari kepada Raja dan tanahair inilah yang menyatukan kita semua daripada pelbagai kaum menjadi satu Bangsa yang bersatupadu. Kesetiaan kepada Negara-negara lain adalah bertentangan dengan kesetiaan yang tidak berbelah bagi kepada Negara ini.

3. Keluhuran Perlembagaan
• Kewarganegaraan member seseorang itu taraf keanggootaan sebuah negara. Perlembagaan memberi kepada seseorang warganegara hak-hak dan keistimewaan tertentu; Perlembagaan juga meletakkan padanya tanggungjawab dan kewajipan-kewajipan tertentu terhadap Bangsa da Negara. Setiap warganegara wajib menghormati dan menghargai kandungan, maksud dan latar sejarah Perlembagaan. Latar sejarah inilah yang telah menyebabkan termaktubnya beberapa fasal dalam Perlembagaan seperti yang berkaitan dengan kedudukan Seri Paduka Baginda Yang di-Pertuan Agong dan Raja-Raja, kedudukan Agama Islam sebagai agama rasmi, kedudukan Bahasa Melayu sebagai bahasa kebangsaan dan bahasa rasmi, kedudukan istimewa orang-orang Melayu dan kaum-kaum asal yang lain, hak-hak yang adil bagi kaum-kaum lain dan soal pemberian taraf kewarganegaraan. Tanggungjawab mulia dan suci seseorang warganegara ialah mempertahankan dan menjunjung Perlembagaan.

4. Kedaulatan Undang-undang
• Keadilan diasaskan atas kedaulatan undan-undang. Setiap rakyat tarafnya sama di sisi undang-undang. Kebebasan asasi terjamin bagi semua warganegara. Kebebasan ini termasuklah kebebasan seseorang, perlindungan sama di sisi undang-undang, kebebasan beragam, kebebasan memiliki harta benda dan perlindungan daripada dibuang negeri. Perlembagaan memberi kepada seseorang rakyat hak mengeluarkan fikiran, hak berhimpun dan hak menubuhkan persatuan. Hak-hak ini boleh digunakan dengan bebas asalkan tidak melanggar sekatan-sekatan yang dikenakan oleh undang-undang. Hak-hak dan kebebasan yang dijamin oleh Perlembagaan itu tidaklah termasuk hak menggulingkan Kerajaan sama ada dengan kekerasan atau dengan cara-cara yang tidak menurut Perlembagaan. Kedaulatan undang-undang terjamin dengan adanya sebuah badan kehakiman yang bebas serta mempunyai kuasa bagi memutuskan sama ada sesuatu perbuatan pemerintah itu sah atau tidak dari segi Perlembagaan undang-undang.

5. Kesopanan dan Kesusilaan
• Setiap orang dan setiap golongan hendaklah menguruskan hal masing-masing dengan cara yang tidak melanggar tatasusila. Tatasusila ini membenci dan mengutuk tingkah laku atau perbuatan yang angkuh atau yang menyinggung perasaan sesuatu golongan. Seseorang warganegara tidak boleh menyoal kesetiaan seorang warganegara yang lain dengan alasan bahawa ianya berasal dari keturunan tertentu. Tingkah laku sopan juga mengandungi suatu darjah kesusilaan yang tinggi dalam kedua-dua kehidupan persendirian dan kehidupan awam kita.

Nik Raina now closer to freedom


December 30, 2014

Appellate court bins JAWI’s appeal, Nik Raina now closer to freedom

By Ida Lim@www.themalaymailonline.com

 The Court of Appeal today dismissed the Federal Territory Islamic Affairs Department‘s (JAWI) contest against a High Court ruling that found its premature raid of a bookstore to be illegal and procedurally improper.

Justice Datuk Mah Weng Kwai, who headed a three-man panel, said in a unanimous decision that JAWI had acted unconstitutionally when it seized a book three weeks before it was officially banned.

He said the department also acted in bad faith and unconstitutionally by prosecuting the manager of the Borders bookstore branch it raided simply because she was Muslim.

Nik Raina 2014The Muslim manager of the Borders bookstore branch, Nik Raina Nik Abdul Aziz, was arrested by JAWI a week after the raid and later charged in the Federal Territory Shariah High Court on June 19, 2012 for allegedly distributing and selling a book that was against Islamic laws.

If convicted under Section 13 (1) of the Syariah Criminal Offences (Federal Territory) Act, Nik Raina will be liable to a maximum fine of RM3,000, a maximum two years’ jail term or both.

On March 22 last year, Borders’ owner Berjaya Books, Borders assistant general manager of operations and merchandising manager Stephen Fung and Nik Raina won a judicial review in the High Court against JAWI, the home minister and the Islamic affairs minister.

In the same judicial review decision in favour of Nik Raina last March 22, the civil court ordered JAWI to withdraw its charge against Nik Raina in the Shariah court.

But on October 7 last year, the Shariah court dismissed JAWI’s application to withdraw the charge and decided that it should be maintained until the Court of Appeal decides on today’s case.

Today, Shamsul Bolhassan represented all three appellants, while Rosli Dahlan was the lead counsel for the three respondents.

During the appeal hearing, Rosli said that the public and therosli-dahlan2 bookstore were never notified that the book was banned prior to the sudden raid and book seizure in May 23, 2012.

He also said the Home Ministry’s ban on Canadian author Irshad Manji’s book, “Allah, Liberty and Love”, was gazetted almost three weeks later, while there was no fatwa (religious decree) issued against the book that religious enforcers claim are contrary to Islamic laws.

Justice Datuk Mohd Zawawi Salleh and Justice Datuk Umi Kalthum Abdul Majid were also on the panel of judges today.

Today, Mah also noted that no action can be taken against the bookstore’s owner, Berjaya Books, as it is “a corporate entity and incapable of professing a religion”, saying the actions against it was “unlawful”.

Mah also said JAWI — which had questioned Nik Raina’s colleague, Fung — had acted illegally and irrationally against the non-Muslim senior Borders employee, saying: “It is an abuse and unreasonable exercise of discretionary power, unconstitutional and procedurally improper.”

Among other things today, the Court of Appeal also upheld the High Court’s powers to carry out judicial review, saying that the Shariah Criminal Offences Act does not remove the civil court’s jurisdiction to interpret the Shariah Criminal Offences Act even though it is a law for Muslims.

While agreeing that the offence Nik Raina is accused of does not require a fatwa to be issued, the court said, however, that it would “offend the sense of justice” to prosecute an individual when the public did not know the book was illegal.

Highlighting that JAWI did not have a search warrant, the court said the presence of a group of reporters and photographers during the raid showed that the religious department had pre-planned the visit and would have had time to first obtain a warrant.

JAWI’s appeal was struck out as it was without merits. It was dismissed without costs. When approached after the ruling, Shamsul said the three appellants had yet to decide if they will be filing for appeal at the Federal Court — the country’s highest court.