Sisters In Islam (SIS) executive director Zainah Anwar today raised issues with aspects of the syariah criminal law which appear to contradict the Federal Constitution provision that every person is equal before the law.

Zainah said one problem that has surfaced repeatedly has been selective prosecution of individuals for various offences listed under syariah criminal codes.

"The syariah provisions are very general, so they are open to various interpretations. This could lead to abuse. SIS has asked the government to review the laws so as to stop selective prosecution," she said when met at the Federal Territory Syariah Court today.

Zainah was among activists present to provide support for Maslinda Ishak, a guest relations officer (GRO), who is facing possible charges for two offences under syariah law.

Maslinda was to have been charged today for allegedly abetting in the sale and consumption of alcohol and being involved in vice (maksiat).

However, her case was postponed after prosecutor Nik Azlan Nik Mat said his team needed more time for investigation.

Explain 'abetting'

Maslinda was first in the media spotlight in March after she pressed charges against a Volunteer Reserve Corps (Rela) officer who had photographed and humiliated her as she was easing herself in a police truck.

She had been detained along with 15 others during the raid organised by the Federal Territory Religious Affairs Department (Jawi) at the club where she worked.

The Rela officer, Mohamad Tahir Osman, later pleaded guilty to the offence of insulting Maslinda's modesty and was sentenced by the Kuala Lumpur magistrate's court to four months' jail.

She has since sued Rela and Jawi for damages, the government for negligence and asked for a revision of Mohamad Tahir's sentence.

Maslinda was then served with a notice informing her that Jawi intends to charge her under Sections19 and 35 of the Syariah Criminal Offences Act (Federal Territory) 1997 for two offences.

Commenting on the case, Zainah questioned the basis on which Jawi is pressing charges. Although other persons were arrested with her, she is the only one facing prosecution.

"It seems that the (religious authorities) are trying to turn sins into crimes against the state. If this is so, then comes the issue of who should be arrested or prosecuted. By taking on this case, is the state saying that all Muslim GROs should be prosecuted?" Zainah asked.

Zainah also pointed out that the meaning of "abetting" is also uncertain as the job functions of various other professions include serving alcohol.

"The government issues the licences for the sale of alcohol. Is that abetting? What about air stewards? Will they be charged for serving alcohol? There are wide implications to this. Why are they only targeting her?" she asked.

Unusual procedure

Maslinda said this was the second time that Jawi's Enforcement and Prosecution Office had asked for a postponement.

"The first time was on June 10. I don't want any more postponements because it is very costly for me to continue like this," she said, obviously unhappy with the delay.

On the first occasion, Maslinda said she was brought directly to the court after a four-hour long interrogation at Jawi's headquarters. She was then slapped with a RM1,500 bond to appear at the court today for the formal charging procedures.

Said a family member who had accompanied Maslinda to court then: "Her lawyer told us that, under normal circumstances in a case like this, a verbal guarantee would have sufficed. But the prosecution asked for a RM5,000 bond. It was only reduced after arguments by our lawyer."

The family member, who declined to be named, also protested against the manner with which Maslinda has allegedly been treated by Jawi officers.

"At no time since the raid has she been directed to a female officer. She has had to sit through a four-hour interview with three different male officers. No female officers were present when Jawi photographed Maslinda and the other women arrested with her," he claimed.

Information not given

In a press statement issued yesterday, SIS said although Maslinda and the other persons arrested with her in March were taken to the Jawi office to have their particulars recorded, none were informed of the offences they had allegedly committed.

The notice was delivered to Maslinda's home in Negeri Sembilan only late last month. If found guilty on any of the charges, she is liable to a jail term, fine or both.

Under Section 19(1) of the Syariah Criminal Offences Act (Federal Territory) 1997, those guilty of consuming alcohol are liable to a maximum jail term of two years and/or RM3,000 fine.

Under Section 19(2), those guilty of abetting in the sale of alcohol are liable to a maximum three- year jail term and/or RM5,000 fine.

Section 35 provides for those found guilty of committing vice (maksiat) to be sentenced to a maximum three-year jail term and/or RM5,000 fine.