Procedure for legislating fatwas questioned

Islamic group describes procedure for legislating Islamic ruling as "un-Islamic" and "undemocratic".

PETALING JAYA: Sisters in Islam (SIS) has described the procedure for legislating fatwas as “un-Islamic” and “undemocratic”.

The Islamic group questioned how gazetted fatwas “have the automatic force of law without going through the legislative process”, and described these rulings as a “tool to undemocratically pass laws that infringe on our fundamental liberties”.

SIS programme manager Suri Kempe made this statement in response to the recent disqualification of four Miss Malaysia World 2013 beauty contest finalists on the basis that their participation is ‘sinful’ and in contravention of a 1996 fatwa banning Muslims from participating in beauty pageants.

She said this raises concerns about the over-reach of fatwas beyond their original intent.

“Constitutionally, only parliament has the legislative authority to make laws at the federal level, and legislative assemblies at the state level in Malaysia,” Suri said.

“Those not democratically elected, sitting in a closed body, and who do not believe that others have a right to discuss, debate and question matters of religion, cannot be allowed to make laws by decree that affect our fundamental liberties,” she added.

Suri explained that after seeking approval from the State Executive Council and the Sultan, a fatwa only needs to be gazetted to become law.

“It is not tabled for debate in the legislative body. Any violation of the fatwa is a criminal offence. Any effort to dispute or to give an opinion contrary to the fatwa is also a criminal offence,” she
lamented.

“Such provisions have no basis in the Quran and historical practices of Islam and violate several articles in the Federal Constitution,” she added.

Instead, Suri believed each fatwa should be subject to affirmative resolution by the legislative body before it can come into effect. She said it was to “remove this threat to parliamentary government”.

“This is to ensure that the fatwa goes through a democratic process of debate before it becomes law, thus fulfilling the principle of shura in governance in Islam,” she explained.

“Such open debate will also invite public participation in the making of legislations that affect fundamental liberties,” she added.

What is indecent?

Suri further said the 1996 fatwa against Muslims participating in beauty pageants exists as an attempt to control the public conduct of Muslims in terms of dress code and indecency, specifically Muslim women.

“Yet, despite the organisers’ assurance that the contestants will not be required to wear swimming attire and instead be wearing long pants, their participation was still deemed ‘sinful’,” she said.

“How, where and on what basis do the religious authorities draw the line as to what is indecent in terms of dressing and behaviour? Do long pants now fall in the category of ‘sinful’ and indecent attire?” she asked.

Suri also believed there was a longstanding issue of gender bias.

“If there can be a fatwa that prevents Muslim women from taking part in a beauty contest, then by the same argument should not there be a fatwa on Muslim men taking part in a body building contest?

“Does not the constitution say all are equal before the law and that there can be no discrimination on the basis of gender?” she asked.

“We are not saying the simple solution is to ban all such activities, but to raise the point of inconsistency and double-standards.”

Earlier today, it was reported that Miss Malaysia World official pageant organiser Anna Lim and the disqualified finalists were surprised and sad over the banning of Muslim girls participating in
the 2013 beauty contest.

Four finalists for the Miss Malaysia World beauty pageant – Sara Amelia Bernard, Wafa Johanna De Korte, Miera Sheikh and Kathrina Ridzuan – were dropped from the competition after criticism from Federal Territory mufti Wan Zahidi Wan Teh that their participation was “sinful”.

Former Miss Malaysia Universe of 1978 Yasmin Yusoff also expressed her surprise because the beauty pageant world had pretty much accepted the fact that Malay girls could not enter the contest.

However, Pengerang MP Azalina Othman questioned as to why the Miss Malaysia organisers were unaware of the fatwa.

“The girls shouldn’t have joined in the first place. The ruling has been known for the past few years,” said Azalina.

“They should have been more sensitive, especially during this fasting month,” she said.