Some syariah laws need to be reviewed, says SIS
Over-zealous Muslims caught up in the throes of Islamic revivalism very often contributed to enacting legislation that violates fundamental Islamic principles of justice, equality and freedom, said Zainah Anwar, executive director of women's rights group Sisters in Islam.
"They condemn those who challenge their intolerant and extremist interpretation of Islam as infidels and deviant," said Zainah today at a joint press conference with a number of prominent women's groups to highlight their grievances against the Syariah Criminal Offences Enactment.
"Such an enactment has made 'sinning' a crime against the state," Zainah added.
SIS and the women's groups also called for a review of the Syariah laws in the country.
"We urge the government to set up a committee which includes representation from women's groups, progressive Islamic scholars, and constitutional experts to review the Syariah Criminal Offences Enactment legislation which has been adopted by all states, and to evaluate the record of its enforcement," Zainah said.
"The larger issue is using the law to impact the lives of people. Such a law is unconstitutional and leads to selective prosecution," said Zainah, referring to the recent arrests of 25 Muslims by Selangor State Islamic Department's (Jais) at "The Ship" restaurant in Damansara Utama which served alcohol on its premises.
SIS expressed regrets that Jais had planned to selectively charge the 15 women among those arersted, while allowing the men to go scot-free.
The 15 included singer Azlina Abbas, who was to be charged under Section 10 of the Selangor Syariah Crime Enactment 1995 for "insulting Islam by being on the premises where alcohol is served."
SIS criticised that "this latest action by Jais displays yet again its practice of selective prosecution in the implementation of the Syariah Criminal Offences Enactment.
Although all charges have since been dropped yesterday, SIS stressed that the issue of discrimination and intolerance against women remains.
The Jais' decision to drop all charges against those arrested in three alcohol-serving premises does not solve the issue of intolerance against women, Zainah said.
"The decision does not detract from the larger issue of growing intolerance and discrimination against women in the name of Islam; the use of law as a mechanism to regulate a person's conscience, faith and lifestyle; and the injustice and selective prosecution that result from trying to enforce a law that has widespread impact on the lifestyle of citizens," she added.
According to SIS, the current record of enforcement displays that the weakest, most disempowered and marginalised in society are subject to prosecution.
"On the scale of priority, shouldn't Jais and other religious authorities concentrate their energies on more important issues, in particular the abuses that occur under the Islamic family that endanger the well-being and welfare of innocent children and victimised women?"
Issues that require greater attention include the failure by authorities to enforce syariah court orders to fathers/ex-husbands who fail to pay maintenance of their children and ex-wives, and failure to arrest those who ignore court orders and summonses to appear in court.
Instead, the religious authorities spend their time going into shopping malls looking for young people sitting together on benches and charges them for "sinning" (indecent behaviour), said Zainah.
Azalina Othman Said, of the Women's Sports and Fitness Foundation Malaysia, said "it is bigger sin to discriminate against women" than some of the "offences" covered by the syariah law.
"We get to vote for a democratic government, but we get tied up as Muslim women under the syariah law."

