The Nik Raina-Irshad Manji Book Case: Stop this Persecution!
by Din MericanMalaysia is in the world news again, and all for the wrong reasons, and almost always for the wrong reasons, giving the rest of the world the impression that we in Malaysia are a bunch of philistines and bigots.
In the past 12 hours, I have received numerous calls and emails from my contacts amongst the international wire services of the world asking about the case of Nik Raina, the Malay-Muslim girl who works in Borders Bookstore, and was charged in the Syariah Court yesterday for allegedly selling Irshad Manji’s book “Allah, Liberty and Love”.
To be frank, I was a bit busy and did not closely follow that report until I was alerted by these calls. To be also frank, I have yet to read Irshad Manji’s book, but I will certainly read her books now! I am curious to find what is wrong that book that it should be banned by the Malaysian authorities.That is what the Jabatan Agama Islam Wilayah Persekutuan (JAWI) has done. JAWI has provided publicity to Irshad Manji and her books. JAWI is responsible for making Irshad Manji popular as a Malaysian household name. JAWI has drawn international attention to how intolerant and myopic the government of PM Najib is. As the buck stops with at the top, PM Najib has to bear responsibility for smearing Malaysia, Malays and Muslims in the international community. It is a fact that JAWI is a unit in the PM’s Department and answers directly to the Prime Minister.
I then noticed a familiar name in the news reports. The name Rosli Dahlan (left) was mentioned as counsel defending this poor Malay girl, Nik Raina Nik Aziz, in the Syariah Court who is facing persecution by the all powerful JAWI of the PM’s Department.Readers will recall that in the past 3 years I have written extensively about Lawyer Rosli Dahlan. I wrote about how A-G Gani Patail tried to destroy this man using the MACC just because he defended the former Director CCID, Dato Ramli Yusuff, who uncovered former IGP Musa Hassan’s involvement with the crime syndicate of Goh Cheng Poh @ Tengku Goh. About how Minister Nazri Aziz wanted Rosli to be sacked from acting for MAS in the MAS v Tajuddin Ramli saga because UMNO wanted that case closed.
I was surprised, elated and yet concerned about Rosli’s involvement in this case. I did not know that Rosli is also a Syarie Lawyer. He is fresh from just being vindicated of a 5-year persecution by A-G Gani Patail and the MACC and now he is involved in this case taking on JAWI and the powerful Ministry of Home Affairs.
Isn’t Rosli afraid that his alma mater, the International Islamic University (“IIU”), would disown him? After all, he was the 1st batch of IIU graduates and yet he sees it fit to defend Borders in this controversial book case? For Rosli’s sake, I just wanted him to stay out of trouble.
So, I called Rosli to ask him. He was difficult to get. When I finally got through, the answer he gave was exactly what I should have expected. Rosli said politely but matter of factly – “Din, you know I can’t talk about the cases that I handle. If you want to know what the case is about, I believe it is already reported by the press.”
From some reporter friends who were in court yesterday, I was told that JAWI sent a high powered 6-men prosecution team led by the Syariah Chief Prosecutor, Tuan Ibrahim Tuan Deris, and they took up all the counsel’s seats at the Syariah Bar table. I wonder if that was another intimidation tactic to frighten both Rosli and Nik Raina.
So for the benefit of my readers, I reproduce the report below and the response from Borders. Also Read–:http://malaysiansmustknowthetruth.blogspot.com/2012/06/store-manager-charged-with-distributing.html
Having read and spoken briefly to Rosli, I now understand why he is prepared to wade into 
troubled waters again. It is clear to me that as far as Rosli is concerned, the Nik Raina’s case is a blatant case of perversion in the implementation of the law; of ignorance and failure by those in power to understand how the law operates (in the interplay between the Printing Presses Act and the Syariah Criminal Offences Act); of oppression by a religious department under the PM’s Office which, vested with powers, exercises it in a senseless manner resulting in abuse and injustice; of irresponsible politicians (the two Ministers) who did not have the political will nor moral courage to do the right thing in order to correct an injustice from occurring for fear of the political cost to their popular image to a particular ethnic/religious group; of failure by this government to co-ordinate its own departmental actions; and ultimately, of the undermining and destruction of the Malay/Muslim rights and image by UMNO who declared themselves as the defenders of such rights, hence the prosecution of a down liner Malay/Muslim staff.
troubled waters again. It is clear to me that as far as Rosli is concerned, the Nik Raina’s case is a blatant case of perversion in the implementation of the law; of ignorance and failure by those in power to understand how the law operates (in the interplay between the Printing Presses Act and the Syariah Criminal Offences Act); of oppression by a religious department under the PM’s Office which, vested with powers, exercises it in a senseless manner resulting in abuse and injustice; of irresponsible politicians (the two Ministers) who did not have the political will nor moral courage to do the right thing in order to correct an injustice from occurring for fear of the political cost to their popular image to a particular ethnic/religious group; of failure by this government to co-ordinate its own departmental actions; and ultimately, of the undermining and destruction of the Malay/Muslim rights and image by UMNO who declared themselves as the defenders of such rights, hence the prosecution of a down liner Malay/Muslim staff.I also fear that there will be far reaching implications. For expediency, bookstores, restaurants, airlines and for that matter any consumer- based business in Malaysia would be hesitant to employ Muslims just to avoid being caught in this sort of situation. JAWI’s actions against Nik Raina are best described by the Malay proverb: “Tak dapat tanduk telinga dipulas” and “Kerana nila setitik rosak susu sebelanga”.
How many times I have said this. PM Najib must have the moral courage to do the right thing. Now I say it again. Stop this nonsensical persecution of Nik Raina!
Published: Tuesday June 19, 2012 MYT 12:53:00 PM
Bookstore Manager charged with distributing banned book
By Maizatul Nazlina
KUALA LUMPUR: A store manager of a bookshop was charged in a Syariah High Court here Tuesday for distributing a book by Canadian author Irshad Manji deemed to be against the Islamic Law (Hukum Syarak) and banned in Malaysia.
Nik Raina Nik Abdul Aziz, 36, was accused of distributing by way of selling the book entitled, Allah, Liberty and Love (The Courage to Reconcile Faith and Freedom), which was translated into Bahasa Malaysia.She was alleged to have committed the offence at Borders bookshop, owned by Berjaya Books Sdn Bhd, at level 3, The Gardens Mall in Mid Valley City here, between 8.41am and 9.45pm on May 23 this year.
She faces a RM3,000 fine or a maximum of two years’ jail or both under Section 13(1) of the Syariah Criminal Offences Act (Federal Territories) 1997, if convicted.
Chief prosecution of the Federal Territory Ibrahim Deris prosecuted while counsel Rosli Dahlan acted for Nik Raina before Syarie judge Abdul Walid Abu Hassan.
No plea was recorded.Earlier, Rosli applied to the court that the charge would not be read and no plea would be recorded as there were several issues that needed to be settled. He added that Nik Raina did not own the bookshop but was only a worker.
Ibrahim said the question whether to read the charge or not was under the court’s jurisdiction and not the prosecution.
Judge Abdul Walid then granted bail at RM500 with one surety, pending mention on September 19.
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Statement by the COO of Berjaya Books Sdn Bhd, Yau Su Peng
Kuala Lumpur
19th June 2012
In view of the reports in the press today about an employee of Borders being charged in the Syariah Court for violation of Syariah laws, Borders is compelled to issue the following statement.
The management of Berjaya Books Sdn Bhd who own and operate the Borders bookstore chain in Malaysia is very disappointed that our store manager Nik Raina Nik Abdul Aziz has today been charged by Jabatan Agama Wilayah Persekutuan (JAWI) in the Kuala Lumpur Syariah Court for distributing a book by Canadian author Irshad Manji deemed to be against the Islamic Law (Hukum Syarak) and banned in Malaysia. The charge was brought under Section 13(1) of the Syariah Criminal Offences (Federal Territories) Act 1997.
Nik Raina was accused by JAWI of contravening the Hukum Syarak by distributing or selling Irshad Manji’s book entitled “Allah, Liberty and Love”. If convicted Nik Raina faces a RM3,000 fine or a maximum of two years’ jail or both.
The charge follows a raid on the Borders bookstore at The Gardens Mall in Mid Valley City on 23 May 2012 by JAWI (a unit of the Prime Minister’s Department) which seized books by Irshad Manji that, at that time, had not been banned by the Kementerian Dalam Negeri (“KDN”). There was also no fatwa nor any form of notification issued by JAWI to Borders. There was no way for Borders to know that JAWI considered the books to be objectionable. We understand that the Home Affairs Ministry only gazetted the banning of the Irshad Manji books on 29 May 2012 which was published only on 14 June 2012.
Berjaya Books Sdn Bhd has at all times cooperated fully with the authorities and has instructed its employees, both Muslim and non-Muslim, to assist JAWI with its investigations, despite the company not being subject to the jurisdiction of JAWI as it is a non-Muslim entity.
On 5 June 2012, Berjaya Books Sdn Bhd wrote to both the Minister for Home Affairs, Dato’ Seri Hishammuddin bin Tun Hussein, and Minister in the Prime Minister’s Department for Islamic Affairs, Senator Mejar General Dato’ Seri Jamil Khir bin Haji Baharom, seeking their assistance and intervention with regards to JAWI’s action but has yet to receive any reply from either Minister to date.The management of Berjaya Books Sdn Bhd fully supports our employee Nik Raina who has done no more than to perform her duties as a store manager. As store manager, she does not have influence or control over the selection of books in Borders. The seized books were not at the time of seizure declared to be banned by KDN. Neither did JAWI notify Berjaya Books concerning the seized books.
The day after the raid Jawi came with members of the media to the Borders store in Bangsar Village 2 to interrogate another Muslim female employee. When informed by her that the books have been taken off the shelf as directed and returned to the company’s head office, she was accused of lying. They proceeded to do a physical search of the premises, which did not turn up any of Irshad Manji’s books.
In full cooperation and compliance with all directives by JAWI, Nik Raina also attended an 
investigation on the 30th May 2012 with two other colleagues accompanied by Borders’ appointed lawyer. Instead, they were treated roughly by JAWI personnel and were issued a Waran Tangkap. JAWI also refused to allow legal representation to Nik Raina. We view this as outright victimisation and violation of the constitutional and legal rights of our employees.
In the same vein, the management of Berjaya Books Sdn Bhd fully supports and will continue to support our employees whom may be subject to persecution while performing their assigned duties. This support was demonstrated by the presence of the management team of Borders at the Syariah Court today.
investigation on the 30th May 2012 with two other colleagues accompanied by Borders’ appointed lawyer. Instead, they were treated roughly by JAWI personnel and were issued a Waran Tangkap. JAWI also refused to allow legal representation to Nik Raina. We view this as outright victimisation and violation of the constitutional and legal rights of our employees.In the same vein, the management of Berjaya Books Sdn Bhd fully supports and will continue to support our employees whom may be subject to persecution while performing their assigned duties. This support was demonstrated by the presence of the management team of Borders at the Syariah Court today.
The actions of JAWI upon Berjaya Books employees may influence the considerations of corporations when hiring Muslim employees.
Berjaya Books Sdn Bhd has on 18 June 2012 also applied to the High Court of Malaya for a judicial review of the actions of JAWI. The Minister of Home Affairs and the Minister in the Prime Minister’s Department for Islamic Affairs have also been named as respondents in the application for judicial review.
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