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Malaysians Against Moral Policing
28 March 2005

 

Parliament Primer: Problems in the Law
Chronology of Recent Events Relating to Moral Policing
What the Government Can Do - From Control to Consultation

 

Chronology of Recent Events
Relating to Moral Policing

1995 - 1997: Most states in Malaysia adopt a version of the Syariah Criminal Offences Act / Enactment.
1997: Arrest of three Muslim women by Jabatan Agama Islam Selangor (JAIS) for participating in the Miss Malaysia Petite contest. The women were publicly handcuffed before they were taken away for questioning.
August 1997: Sisters in Islam submit Memorandum on the Syariah Criminal Offences Act and Fundamental Liberties to YAB Perdana Menteri Datuk Seri Dr Mahathir Mohamed.
1997: Prime Minister Dr Mahathir Mohamed orders the Attorney-General's Office to suspend and review the Syariah Criminal Offences law.
June 2000: 31 Muslims, 23 of whom were women, detained by JAIS at 3 outlets serving liquor. All charges eventually dropped after Selangor Menteri Besar Datuk Seri Abu Hassan Omar said the arrest was a mistake and that JAIS officers misunderstood the relevant section of the Syariah Criminal Enactment 1995. State Government directs JAIS to develop guidelines for enforcement operations and to require intensive training on Syariah law, its procedures and implementation.
June 2000: JAIS charges a female pub singer for insulting Islam by being in premises where alcohol is served. Charges against a male singer were quickly dropped; charges against the female singer were later dropped.
2001: State of Terengganu enacts Syariah Criminal Offences (Takzir) Enactment
No. 7, which criminalises an extensive range of acts relating to the sanctity of Islam, decency, and public justice and security.
April 2002: Newspaper reports that JAKIM plans to ban Muslims with no "in-depth knowledge on Islam" from expressing themselves in public on Islamic issues.
March 2003: Two schoolmates - one male and one female - caned 25 times on the grounds of a school in Kelantan for the "crime" of talking to each other in public. The two men who caned the students were not teachers at the school, but were frequent visitors, and had taken it upon themselves to punish the students for "committing vice".
March 2003: Jabatan Agama Islam Wilayah Persekutuan (JAWI) and the Volunteer Reserve Corps (RELA) detain many people during raids on nightspots. After a woman was refused the use of a toilet and told to ease herself in the truck, her friends formed a circle around her and she covered herself with a shawl while she eased herself. One officer pushed her friends aside, pulled away the shawl and photographed her. Three months after the event, Religious Enforcement Officers questioned the woman for three and a half hours; her lawyer was not allowed to be present during this interrogation. She was charged with abetting another to commit the offence of drinking and selling alcohol and committing vice (maksiat).
May 2003: College student receives a summons from the council "for talking with a classmate" at the stairway of Ipoh's Tun Razak Library. The summons was later cancelled on technical grounds as the "talking" took place in the library and not at a recreational park. Three weeks later, student booked for "indecent behaviour" for talking and holding hands with his girlfriend at the Ipoh Padang. The RM100 fine was reduced to RM30 after an appeal to city mayor Datuk Sirajuddin Salleh.
June 2003: Ipoh City Council indefinitely suspends its park bylaws to enable studies to be undertaken in view of enforcement problems that have arisen. Urban and Local Government Committee chairman Datuk Chang Ko Youn said that enforcement at parks would only resume after the Perak Government issued clear and specific guideline on the dos and don'ts at public parks in Perak.
August 2003: Young Chinese couple charged with indecent behaviour under park bylaws (Federal Territory) 1981 for holding hands at the KLCC park. In February 2005, the trial was postponed to 23 June 2005.
August 2003: Kota Baru Municipal Council announces it will not only fine couples holding hands in its parks, but also people who "dress indecently". Those found liable could be fined a maximum RM250. The council's Islamic Development Department director said 59 couples had been fined a total of RM2,700 by the council between January and June in the more than 20 parks under the council. "Most of them were sitting close to a person of the opposite sex in the parks, but there were also cases where visitors were fined for dressing indecently."
January 2005: Arrest, detention and humiliation of 100 Muslim youth by JAWI for being at KL nightclub. After several hours of verbal abuse and humiliation in lockup, a few of the youth were charged with "indecent behaviour"; others were released without charge. Most of the charges and summons to undergo counselling were later dropped because they were based on nonexistent provisions in the Syariah Criminal Offences Act.
January 2005: Cabinet met on 26 January and expressed concern over the raid and that Malaysia had no need for morality police. Culture Arts and Heritage Minister Dr Rais Yatim said that the Cabinet felt that the country's needs would be best served if the police looked after crime and matters of morality were handled by the family.
February 2005: Malacca begins using Pasukan Gerak Khas 4B - "snoop squads" - to help religious authorities arrest couples for khalwat. A news report stated that the moral squads will spy initially on Muslim youth and eventually on young people of all religions.
March 2005: HRH Sultan of Selangor Sultan Sharafuddin Idris Shah stated in a speech, "Beta khuatir jika golongan muda dan remaja Islam terlalu terhimpit dan tersekat, akan menjadikan mereka bosan dan tidak akan menerima ajaran Islam yang mereka fikirkan terlalu sempit dan akan membuat para remaja mengambil tindakan yang membolehkan mereka menjadi murtad. Dari kaca mata mereka yang bukan beragama Islam pula akan melihat agama Islam ini terlalu susah untuk dianuti dan akan memandang rendah terhadap agama Islam. Golongan muda boleh diperbetulkan dengan cara yang lebih berhemah seperti memberi nasihat, motivasi dan mengadakan seminar, tetapi bukannya dengan kekerasan sehingga memalukan serta menjatuhkan air muka dan maruah seseorang itu".
March 2005: The PAS-led Government in Kelantan announces that its dress code for Muslim women will be extended, minus the tudung, to non-Muslim women. The dress code will initially be only a guideline designed to encourage non-Muslim women to dress appropriately. In contrast, Muslim women can be fined: in the first eight months of 2004, a total of of 160 women were fined between RM10 and RM50 by the Kota Baru Municipal Council (MPKB) for not wearing headscarves at their workplaces.
March 2005: Arrest of non-Muslim transgender journalist in the garden of a friend's house by Taiping Religious Department officers.


Initiated by:
Suara Rakyat Malaysia (SUARAM), Sisters in Islam (SIS), National Human Rights Society (HAKAM), Women's Aid Organisation (WAO), All Women's Action Society (AWAM), Women's Development Collective (WDC)

For more information, contact: Masjaliza Hamzah (SIS), (603) 7960 6121/6122

Next: What the Government Can Do - From Control to Consultation

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