In light of the 'moral' controversy over TV3's Sure Heboh carnival, a non-governmental organisation has urged that the opinions of the state muftis be viewed as advisory and non-binding, and that it should be up to individuals to voluntarily decide whether to adopt such 'advice'.

Sisters in Islam (SIS), when contacted by malaysiakini today, said there has to be a voluntary aspect to the adoption of any opinion offered by the religious leaders - even if such advice is being issued in the form of a fatwa (religious decree).

Programme manager Masjaliza Hamzah said: "We view the muftis' advice as in accordance with their playing their traditional role as (religious) advisors. But ultimately it is up to the people to choose whether or not to attend these events."

SIS was responding to last week's statement by the Malaysian Muftis Council, which said TV3's Sure Heboh carnival "encouraged vice and immoral activities' and as such was haram (prohibited under Islam).

Harussani also said the carnival, a series of concerts in major towns, was "detrimental" to the Malays and that it "weakened their thinking".

Public debate

Masjaliza cautioned that there should also should be opportunities for the public to debate as to whether such public entertainment events need to be regulated, taking into consideration that the same elements objected to by the muftis - such as inter-mingling between the sexes - also prevail in public areas such as schools and shopping malls.

"The objections assume an intention to indulge in certain activities when there is free mingling. A lot more thought needs to go into this (the objections to the carnival), such as how one plans to regulate people's intentions when there exists free mixing among the sexes," she said.

Masjaliza also said the National Fatwa Council's proposal for guidelines on carnivals and concerts, as opposed to a fatwa per se, must again be seen in an advisory opinion.

"It is important to realise what a fatwa is - a theological and legal reasoning to enlighten and educate the public about Islam," she said.

"Historically, a mufti or an ulama will conduct a question and answer session with the ummah, and their answers to such questions are considered fatwas. If a person is not happy with the answer of one mufti, they can seek the opinion of another. It is actually guidance to be followed voluntarily.

"In Malaysia however, a fatwa, if gazetted to become law, will be legally binding on Muslims. If breached, this would constitute a crime."