‘Jawi has right to seize books’

The Sun Daily (Used by permission)
by PAULINE WONG

PETALING JAYA: The Federal Territory Islamic Religious Department (Jawi) can seize controversial books on Islam even without the Home Ministry having banned such books.

Minister Datuk Seri Hishammuddin Hussein said this in an affidavit, which he filed in reply to the judicial review application by Borders Bookstores challenging Jawi’s seizure of Allah, Love and Liberty by Canadian author Irshad Manji. 

Hishammuddin, in his Sept 5 affidavit, stated that although there was no prohibition order on the day the book was confiscated, Jawi was empowered to do so as the book contravened Section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997.

“Therefore, the ministry need not inform Borders about the prohibition of the said book if Jawi intends to act based on the provisions of the abovementioned laws,” he said.

Jawi officials had raided and searched two Borders stores in Midvalley The Gardens and Bangsar Village 2 on May 23 and 24 for copies of the book. However, prior to the search, there was no ruling issued by Jawi on the book nor was there any notification, announcement or declaration that Jawi objected to the book. 

Berjaya Books Sdn Bhd, which owns Borders in Malaysia, on June 18 applied for a judicial review.  

Borders is also challenging Jawi’s actions against its staff Nik Raina Nik Aziz, who is charged under Section 13 (1) of the Syariah Criminal Offences Act (Federal Territories) 1997.

In the Sept 5 judicial review hearing before Justice Rohana Yusof, Jawi had admitted that there was no fatwa issued at the time of the raid. 

When contacted, lead counsel for Borders, Rosli Dahlan, said the implication of Hishammuddin’s affidavit seems to be that the minister is trying to help Jawi.

“Our case has been that there was no ban and no fatwa when the books were seized. Jawi has not been able to answer our questions on the fatwa.

“But now, two and a half months later, Hishammuddin is saying that Jawi does not need a ban from the ministry before it takes action,” he told theSun.

Rosli said there should be a harmonious interpretation of the two laws involved – the PPPA and the Syariah Offences Act. 

“The gazette (under PPPA) should be followed by enforcement under the Syariah Offences Act. Otherwise, enforcement action (by Jawi) would be premature,” he said. 

Bar Council president Lim Chee Wee said if indeed Jawi can seize controversial books without the ministry having banned such books, it begs the question of what happens if the book is in possession of a nonMuslim.

“The Syariah Criminal Offences (Federal Territories) Act 1997 states that it applies only to Federal Territories and to persons professing the religion of Islam,” he said. He claimed Jawi clearly did not have the authority to seize the book.