Joint Press Statement

JAIS Arrest of Pub Singer (2)

29 June 2000
We, women of various faiths and
beliefs in the women's movement,
express our deep concern over the
growing trend of intolerance and
discrimination against women in the
name of Islam in the laws, policies,
statements and actions of so many of
those in government, the opposition,
the religious authorities and among
religious zealots in society.
The JAIS action against the singer,
Azlina Abbas and 14 other women
found in The Ship restaurant is the
latest in a long series of actions by
those in religious authority that
display a consistent failure to
administer justice in the name of
Islam. They violate the principle of
equality between men and women
and the constitutional provision that
all persons are equal before the law.

This latest action by JAIS displays yet

again its practice of selective
prosecution in the implementation of
the Syariah Criminal Offences
Enactment. The woman singer was
charged, but not the male members
of the band; the Bangladeshi female
workers were charged, but not the
male Muslim patrons. In 1997, under
the same Enactment, JAIS arrested
three young Malay girls, charged and
fined them for indecent dressing and
for violating a fatwa that bans Muslim
women from taking part in a beauty
contest. But it took no action against
Malay men in skimpy swimming
trunks who paraded their glistening
bare bodies in the Mr Malaysia
contest that was held at about the
same time.
The record for enforcement of the
Syariah Criminal Enactment displays
that the weakest, most
disempowered and marginalised in
society are subject to prosecution.

We are concerned about the impact

of such actions against our rights and
fundamental liberties. The religious
authorities are increasingly shaping
and redefining our lives today and
therefore, defining the kind of
Malaysia that we can all live in.
We are concerned that the growing
religious intolerance will eventually
affect race relations in this country.
We, Muslims and people of other
faiths, do not want Malaysia turned
into a country where religious and
cultural apartheid is practised. It is
unacceptable that Muslim women
should live in fear and oppression
and discriminated against while
women of other faiths enjoy full and
equal legal rights of citizenship with
their fellow men. We are concerned
that the growing spheres of taboos in
the lives of our Muslim sisters will
eventually undermine the rich
multicultural heritage of the country.
The women's movement is concerned
with the trend in the past several

years which show this growing

intolerance, conservatism and
discrimination against Muslim women
in the country. This includes:
" The recent amendment to the
Guardianship of Infants Act which
grant non-Muslim women equal right
to guardianship but denies this to our
Muslim sisters;
" The attempt by some of those in
religious authority to prevent the
implementation of the Domestic
Violence Act to govern Muslims;
" The Kelantan Hudud Enactment
which disqualifies women as
witnesses and presumes that a
pregnant unmarried woman has
committed adultery even though she
might be a rape victim;
" Several amendments to the Islamic
Family Enactments of the various
states which have disadvantaged
women further. These include:
- a polygamous marriage contracted
without the permission of the court
can be registered upon payment of a
minimal fine

- divorce pronounced outside the

court can be registered upon
payment of a minimal fine
- a woman's right to maintenance is
terminated if she is nusyuz (defined
by the law as disobedience to her
husband);
- the mother for an illegitimate child
is held solely responsible for the
maintenance of the child
" The adoption of the Syariah
Criminal Offences Enactment by the
various states which contains
provisions that have no basis in the
textual sources or historical practices
of Islam, and furthermore, violate
fundamental principles of democracy
and civil liberties of Malaysians as
guaranteed by the Federal
Constitution. These include:
- fatwas have been given the
automatic force of law, once they are
gazetted, without going through the
legislative process;
- any violation of a fatwa in force, any
effort to dispute or to give an opinion
contrary to the fatwa constitute a

criminal offence;
- to possess books or publications
contrary to Islamic law is an offence;
- to act or behave in an indecent
manner in any public place is an
offence. What constitutes "indecent
manner" is not defined.
" The incessant talks on radio and
television and in the community
which promote polygamy, insult
women as the inferior half of the
human race, and perpetuate gender
stereotyping without acknowledging
the changing realities of women's
lives today;
" Vigilante action by Islamist groups
in the universities, the workplace and
also in public spaces which constitute
harassment of Muslim women who
leave their heads uncovered, who mix
with non-Muslims, who take part in
activities where men and women
interact. We've been informed that in
one university, Muslims girls are told
that it is a sin for a Muslim to display
her aurat to a non-Muslim to prevent

the girls from sharing rooms with

non-Muslim students.
The vision of Islam among many
caught up in the throes of Islamic
revivalism, whether in government or
in opposition, very often violate
fundamental Islamic principle of
justice, equality and freedom. They
condemn those who challenge their
intolerant and extremist
interpretation of Islam as infidels and
deviants. Too often, they hide behind
the cloak of sanctity of religion to
deny others the right to speak out
and challenge their views.
We urge the Government and all
political parties to seriously consider
the implications of such growing
intolerance and discrimination on this
multi-racial society and to take
immediate action to halt this trend.
We must start a rational and
informed dialogue on the kind of
Islam and the kind of Malaysia we
want for ourselves and our children.
All have a right to participate in this

dialogue, men and women, Muslims

and people of other faiths and
beliefs. We all have a stake in the
future of our country.
Sisters In Islam