PETALING JAYA: The standard for Muslim women to cover the "aurat" cannot be imposed upon non-Muslims, says Sasha Lyna Abdul Latif.
The Parti Pribumi Bersatu Malaysia Legal and Constitution Bureau deputy chairman said whether a woman’s clothes were indecent or not was a subjective matter.
"To establish that clothes were 'indecent' would surely require some degree of indecency which is more than just being clad in a T-shirt and shorts, for example, partial nudity," she said in a statement on Monday (June 26).
She said this was clearly not the case for a non-Muslim businesswoman in Kelantan who was issued a compound notice by the Kota Baru Municipal Council for "indecent dressing" despite being inside her business premises.
"It is unnecessary and liable to create mistrust among fellow Malaysians of all races and religions.
"It can also be perceived to be unjust as it appears to be targeting women exclusively," she said.
MySinchew, the English portal of Sin Chew Daily, reported that a non-Muslim businesswoman received a compound for "indecent dressing" despite being inside her own shop.
The woman was reported to have received a compound from a Kota Baru Municipal Council enforcement officer under By-Law 34(2)(b) of the council's Business and Industrial Trade By-Laws 2019.
The by-law states that non-Muslims were to be dressed decently.
The woman said she had been selling women’s clothes at the shop for the past two years, adding that this was the first time she was issued a compound notice.
To this, Sasha Lyna said Section 34(2)(b) was void, as it exceeded the powers given to the council under Section 102 of the Local Government Act 1976 to make by-laws.
"Section 102 only permits the council to make by-laws pertaining to 'health, safety and well-being'.
"No power is granted to regulate clothing or morality," she said, adding that the council’s actions were regrettable as it was misguided and unlawful.
Explaining, she said while the clothing of Muslims could be regulated by Syariah enactments, the local authorities could not do so.
"The best course for the Kota Baru Municipal Council would be to cancel the summons and suspend operations of Section 34(2(b) pending review by the state authorities or exco.
"The word 'sopan' in the same section is vague and open to manifold interpretation," she said.
"It is unfair to subject the woman to a fine when the definition of the offence is unclear," she added.
