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”. 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. 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.”
Posted on: Wed, 24 Jul 2013 09:55:45 +0000
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