Laws under the Syariah Criminal Offences Enactment - including the provision used by Federal Territory Islamic Religious Affairs Department (Jawi) to arrest 100 Muslim youths at a nightspot last month - are not only unconstitutional but also un-Islamic, women affairs NGO Sisters In Islam (SIS) stated today.

"Numerous divisions in the law, one of which was used to arrest the 100 youths for 'indecent behaviour' recently, have no basis in Islamic legal theory and practice and violate fundamental guarantees in the Federal Constitution," SIS chairperson Zainah Anwar ( photo, right )told a press conference in Kuala Lumpur.

Calling on the government to suspend the enactment until a comprehensive review of it on constitutional and Islamic grounds is done, she said that various provisions in the enactment conflict with federal laws including the Penal Code and the Criminal Procedure Code.

Past practices of state religious bodies prove that there is a serious need for the government to review such punitive laws intended to '... regulate a person's conscience, faith and private lifestyle', she said.

"We still remember that in the year 2000, a female singer Azlina Abbas was charged with insulting Islam by the Selangor Religious Department for being present at a restaurant serving alcohol. The incident also created a public outcry then.

"Such measures support the pursuit of a morals-based society in a literal and shallow way," she pointed out.

Zainah said that over the years, enforcement of such laws has created a climate that runs counter to the spirit of justice, equality, freedom and dignity as promoted in the Quran.

"The zealousness of religious officials in promoting good and preventing evil has often led to public outrage."

Fear, resentment

She also said that there is no evidence to support the view that such actions by religious bodies would prevent moral decay among youths.

"If at all, it will only make the youth more rebellious. Such arrests would create a lot of fear and resentment against the religious authorities."

Zainah also pointed out that in passing such laws as the Syariah Criminal Offences Enactment, there was a 'serious dereliction of duty' by every arm of the government including the parliamentarians and the Attorney-General's Chambers.

"Many parliamentarians, both Muslims and non-Muslims, do not want to raise matters pertaining to unfair legislation contained in state criminal offences enactments. For the Muslims MPs, they fear that they would be labelled un-Islamic while non-Muslim MPs do not want to be accused of being anti-Islam."

She felt that the officers at the AG's Chambers had failed to ensure that laws drafted for such enactments did not conflict with the Federal Constitution.

"I was told that the officers at the AG's Chambers do not dare to even dot an 'I' or cross a 't'. If there were attempts to change anything, they would be told off. They were told by the 'ulama' (religious scholars) that they do not know anything about Islam and therefore should shut up."