Why is JAWI still prosecuting Nik Raina after court rulings?

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JAWI Continues Prosecution of Nik Raina Despite Court Rulings Declaring Actions Unconstitutional

Borders Malaysia is urging the Federal Territories Islamic Religious Department (JAWI) to cease the ongoing prosecution of bookstore manager Nik Raina Nik Abdul Aziz, asserting that the legal basis for the charge has been twice undermined by civil court decisions. The initial charge stemmed from a 2012 incident where JAWI seized books from a Borders outlet, leading to Nik Raina being accused under Section 13(1) of the Syariah Criminal Offences (Federal Territory) Act for allegedly distributing material contrary to Islamic laws. This prosecution has persisted despite the High Court and Court of Appeal ruling against JAWI's actions.
Legal Rulings Against JAWI's Actions

The legal challenge against JAWI's prosecution of Nik Raina has seen significant developments in the civil courts. On December 30 of the previous year, the Court of Appeal affirmed a High Court decision, concluding that JAWI acted unconstitutionally. The core of this ruling was that the Islamic authority had seized books prior to their official prohibition, rendering the subsequent charge and seizure legally flawed. These rulings effectively declared JAWI's initial actions as unconstitutional, raising questions about the validity of continuing the prosecution.
JAWI's Federal Court Appeal and Legal Questions

JAWI has lodged an appeal with the Federal Court, seeking to overturn the appellate court's decision. The department's appeal, filed on January 28, poses several key legal questions for the Federal Court's consideration. Specifically, JAWI is asking whether civil courts possess the authority to review criminal prosecutions, particularly those concerning offenses deemed to be against Islamic precepts. Furthermore, the department questions the applicability of Shariah law against corporate entities, which are incapable of professing religious beliefs, and whether the actions of religious authorities that lead to Shariah Court proceedings can be subjected to challenge in civil courts.
Impact on Nik Raina and Ongoing Proceedings

The continuation of the prosecution places Nik Raina in a state of prolonged legal uncertainty. She was charged in June 2012 and has been on bail for three years, facing potential penalties of a RM3,000 fine or a two-year jail sentence, or both, if convicted. Borders Malaysia has advocated for Nik Raina to be granted a "discharge not amounting to an acquittal," a legal mechanism that would restore her personal liberty while allowing for potential future proceedings if deemed necessary, thereby avoiding prejudice to any party. Nik Raina's Shariah trial is scheduled for a mention on Thursday, indicating that the legal process, despite civil court rulings against JAWI's initial actions, is set to continue.

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Why is JAWI still prosecuting Nik Raina after court rulings?

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