PUTRAJAYA: A Muslim manager of the Borders Malaysia bookstore chain was given a discharge not amounting to an acquittal by the Syariah High Court yesterday on a charge of selling and distributing a book which authorities said contravenes Islamic laws.

A tearful Nik Raina Nik Abdul Aziz thanked the judge and hugged her Borders superior Yau Su Peng before walking out of court.

She was charged under Section 13 (1) of the Syariah Criminal Offences (Federal Territories) Act, which carried a fine of up to RM3,000 or up to two years’ jail, or both.

On May 23, 2012, the Federal Territories Islamic Religious Department (Jawi) conducted a raid at the bookstore and subsequently Nik Raina was accused by the religious authority of breaching Islamic laws by distributing or selling Irshad Manji’s controversial book Allah, Liberty and Love.

Nik Raina’s lawyer Rosli Dahlan told reporters outside the court that the decision was unexpected, but hailed the syariah court for showing a full understanding of constitutional principles by freeing Nik Raina.

Rosli said, however, that the syariah prosecutor should have made it easier for the court to discharge the bookstore manager.

Earlier in the morning, syariah prosecutor Zainor Rashid Hasin asked the court to postpone the case against Nik Raina, given that the Attorney-General’s Chambers had filed for leave to appeal at the Federal Court over the Court of Appeal’s decision in December 2014, which had declared Jawi’s actions as unlawful.

Rosli said there was no appeal in effect filed at the apex court, given that the AG’s Chambers only filed for leave to appeal, which meant that they may or may not be allowed to appeal the decision.

He told reporters later that by asking for a postponement, the syariah prosecutor appeared to want to bring about a clash of the courts.

“The court today (yesterday) faced a difficult submission by the prosecutor, this is my disappointment with the prosecution division. The powers granted to the prosecutor must be exercised with compassion.

“But the syariah court has shown justice today (yesterday), and I’m very grateful for that,” said Rosli.

Zainor Rashid had told the court that it was not the prosecution’s problem that Nik Raina was under pressure. He then chided her for going to the civil courts to plead her case.

“The issue of her anguish is her own problem,” he said.

Syariah judge Mohd Amran Mat Zain in making his decision said although Malaysia had two judicial systems, they shared one spirit and aim for justice.

After the decision, Nik Raina said her legal battle had changed her and made her realise she had a larger role to play to ensure that other Muslims are not harassed for doing their jobs.

Shy and reserved before the raid on the bookstore where she worked, Nik Raina said her ordeal had made her a more outspoken person.

Nik Raina said most of the management staff at Borders are Muslims, and she feared they could be subjected 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 outside the court.

The Borders employee said she drew comfort from the company’s top management, who would always tell her not to be afraid.

Commending the decision, the Sisters in Islam (SIS) advocacy group praised the court for showing “compassion” in the interest of justice and for recognising the agony experienced by Nik Raina during the course of her case.

“The decision by the Kuala Lumpur Syariah High Court to discharge Nik Raina Nik Abdul Aziz is very much welcome and highly anticipated,” SIS said in a statement. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on February 27, 2015.