Selective prosecution by religious authority under fire
Kevin TanPublished: May 15, 2001 7:36 AM | Updated: Jan 29, 2008 6:21 PM
The "selective prosecution" conducted by the Selangor State Islamic Department (Jais) through the "misuse" of Islamic laws was severely criticised by a prominent women's organisation.
According to Sisters in Islam, Jais' decision to charge a pub singer for purportedly "insulting the religion of Islam" by being in a premise that serves alcohol reflected the problem of using the law to regulate a person's conscience, faith and lifestyle.
Malay Mail reported today that singer Azlina Abbas, 29, who is a member of a local pop music band, will be charged under Section 10 of the Selangor Syariah Crime Enactment 1995 for insulting Islam by "being on the premises where alcohol is served."
Two weeks ago, Azlina and 24 other Muslims were arrested by Jais enforcement officers at "The Ship" restaurant in Damansara Utama, and taken to the district police station where their statements were recorded before they were released five hours later.
However, only 15 of the 25 arrested - all of them women - will be charged under the enactment. They include the workers and patrons of the restaurant. The other 10, who are men, are not charged.
"The woman singer was charged, but not the male members of the band; the Bangladeshi workers were charged but not the privileged Muslim clients," said SIS.
SIS added that Section 10 of the law which makes it an offence for any person to insult Islam is open to abuse because it is a "catch all" provision that gives wide discretion for interpretation to enforcement officers.
It also led to "selective prosecution", it said.
"In 1997, under the same enactment, Jais arrested three young Malay girls, charged and fined them for indecent dressing and taking part in a beauty contest. But it took no action against the Malay men in skimpy swimming trunks who paraded their glistening bare bodies in the Mr Malaysia contest that was held at about the same time," it lamented.
According to SIS, the record of enforcement of the Syariah enactment "displays that the weakest, most disempowered and marginalised in society are subject to prosecution".
"Such a law, because of its wide impact on the lifestyle of citizens, is unjust as it leads to the danger of victimisation, vigilante justice and repression of fundamental liberties.
"The current trend in state Islamic law reflects increasing intolerance and conservatism that violate fundamental principles of justice, freedom and equality as envisioned in the Quran," added SIS.
The organisation expressed fear that eventually "the country will turn into a vigilante state policed by thousands of guardians of public morality in the zeal to create a virtuous society in the name of Islam".
According to Sisters in Islam, Jais' decision to charge a pub singer for purportedly "insulting the religion of Islam" by being in a premise that serves alcohol reflected the problem of using the law to regulate a person's conscience, faith and lifestyle.
Malay Mail reported today that singer Azlina Abbas, 29, who is a member of a local pop music band, will be charged under Section 10 of the Selangor Syariah Crime Enactment 1995 for insulting Islam by "being on the premises where alcohol is served."
Two weeks ago, Azlina and 24 other Muslims were arrested by Jais enforcement officers at "The Ship" restaurant in Damansara Utama, and taken to the district police station where their statements were recorded before they were released five hours later.
However, only 15 of the 25 arrested - all of them women - will be charged under the enactment. They include the workers and patrons of the restaurant. The other 10, who are men, are not charged.
"The woman singer was charged, but not the male members of the band; the Bangladeshi workers were charged but not the privileged Muslim clients," said SIS.
SIS added that Section 10 of the law which makes it an offence for any person to insult Islam is open to abuse because it is a "catch all" provision that gives wide discretion for interpretation to enforcement officers.
It also led to "selective prosecution", it said.
"In 1997, under the same enactment, Jais arrested three young Malay girls, charged and fined them for indecent dressing and taking part in a beauty contest. But it took no action against the Malay men in skimpy swimming trunks who paraded their glistening bare bodies in the Mr Malaysia contest that was held at about the same time," it lamented.
According to SIS, the record of enforcement of the Syariah enactment "displays that the weakest, most disempowered and marginalised in society are subject to prosecution".
"Such a law, because of its wide impact on the lifestyle of citizens, is unjust as it leads to the danger of victimisation, vigilante justice and repression of fundamental liberties.
"The current trend in state Islamic law reflects increasing intolerance and conservatism that violate fundamental principles of justice, freedom and equality as envisioned in the Quran," added SIS.
The organisation expressed fear that eventually "the country will turn into a vigilante state policed by thousands of guardians of public morality in the zeal to create a virtuous society in the name of Islam".
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