'Outrage of modesty, doctored photo' reports lodged
Lee Way Loon | Apr 7, 09 10:31a

PKR and Umno representatives lodged separate reports yesterday at the Simpang police station in Perak, as campaigning wound down in a blaze of controversy for the Bukit Gantang by-election.

BN candidate Ismail Saffian alleged that a doctored photo of him with bar-girls was being distributed, while a PKR canvasser claimed that her modesty had been outraged.

Both reports were lodged about the same time. There were tense moments as supporters of the rival camps gathered in front of the police station, but there were no incidents.

The PKR canvasser, 20, said in her report that individuals believed to be workers for a rival party, had illegally confined her and outraged her modesty.

Her lawyer Nik Bahrum Nik Abdullah claimed the incident happened near an Umno operations centre in Simpang, at about 3pm, while the canvasser was distributing flyers promoting PAS candidate Mohd Nizar Jamaluddin (photo, in white shirt).

In her report, the canvasser said that the assailants confiscated the flyers and then took her to the Umno operations centre, where she was assaulted and her pants were stripped off.

Nik Bahrum said her ordeal lasted about five minutes before several PKR members intervened. He added that the police have recorded statements from five individuals.

‘Photo doctored’

Soon after the canvasser lodged her police report, Ismail showed up to lodge a report over a poison-pen letter accusing him of being in the company of two women, believed to be Thai bar-girls.

Ismail (left) said the flyers contained a forged letter to newly-appointed Prime Minister Najib Abdul Razak, seeking forgiveness for involvement with the women.

He also claimed that flyers had a doctored photo of him with the women.

“(Slander) is not part of the Malaysian culture. It destroys reputations and families,” he told reporters at the police station.

Ismail also accused PAS of resorting to underhanded tactics to discredit him.

Cops arrest ‘disgusting’ dad following girl’s report
Friday April 3, 2009

DISGUSTED with her father’s “dirty” habit, a daughter told police about his pornographic DVD collection.

A police team raided their house in Kuantan and found 85 DVDs hidden behind the back seat in the man’s car.

According to Harian Metro, the 15-year-old schoolgirl lodged the report at around 3pm on Wednesday after she found the cache of DVDs in her father’s car. The girl said she was “disgusted” with her father’s habit.

It is understood that the father, a security guard in his 40s, would watch the DVDs when the girl’s mother was not at home.

The man could not explain to the police why there were so many DVDs in his car. Police are investigating if the man is part of a syndicate distributing pornographic DVDs.

/> Harian Metro reported the attempted abduction of a 10-year-old girl by three people driving a white van much like the one used in the kidnap and murder of Nurin Jazlin Jazimin two years ago.

In the 1pm incident on Wednesday, Nurul Nazeha Mohd Zahir was cycling to school when she was grabbed and pushed into the van.

She was “lucky” because the assailants were apparently not interested in her and “dumped” her in a 1m-deep drain near the Subang toll plaza at around 11pm. Passers-by later sent the girl to a nearby police station.

Nurul Nazeha, from Kampung Melayu Subang, said the assailants wore black masks and warned her to keep quiet.

/> Other News & Views is compiled from the vernacular newspapers (Bahasa Malaysia, Chinese and Tamil dailies). As such, stories are grouped according to the respective language/medium. Where a paragraph begins with a sub-heading, it denotes a separate news item.

Oral, anal sex: Controversial acts, but should they be illegal?
Gabrielle Chong | Mar 4, 09 1:27pm

News that the police are contemplating
MCPX
charging Chua Soi Lek for oral sex one whole year after the emergence of his sex tape may have surprised many people.

However, the realisation that both consensual oral and anal sex are illegal in Malaysia will surprise even more people, as these acts are not widely assumed to be criminal.

chua soi lek sex tape scandal 020108 dvdUnder sections 377(A) and 377(B) of the Penal Code, anyone who commits "carnal intercourse against the order of nature" by inserting the penis into the mouth or anus of another person is liable to whipping and imprisonment of up to 20 years.

Penetration must also be sufficient to constitute the sexual connection necessary to the offence described in this section.

However, the code only affects the male person who is penetrating another person, while the male or female person whose mouth or anus is penetrated will not be subject to any form of penalty.

Under section 377(C) of the Penal Code, anyone who commits the same act without the consent of the other person is liable to the same penalty, with the exception that he or she will be subjected to a minimum of five years in jail.

Writer and activist Tan Beng Hui, feels that section 377 is obsolete and should be repealed. "The operative word in the code is not consent, but the act of oral and anal sex itself. It is its perceived unnaturalness that is the basis for the harsh maximum sentence regardless of consent.

"Or course, non-consensual anal and oral sex are rightly criminalised, but these provisions should fall under provisions for rape instead.

"How lawmakers deemed it appropriate to include them under an ‘unnatural sex law' is telling of how the emphasis is on viewing these as acts ‘against the order of nature' rather than acts that involve violence and coercion," she said.

Archaic law?

The code, drafted by Lord Macaulay in 1860 with the intention of prohibiting sodomy, was later incorporated into the laws of many former British colonies, including Malaysia.

But while the original code was abolished in the UK in the late seventies and later in several other former colonies, the Malaysian version has never been amended.

On this, Tan commented, "It is a legislation that was introduced into the country under British rule, so it is curious that we not only continue to abide by it but defend its provisions as being in line with Asian values."

Across the Causeway, section 377, which criminalises oral and anal sex, was repealed in October 2007.

However, section 377(A) of the Penal Code, which prohibited acts of gross indecency between men, was retained in the backdrop of public commotion and heated debate between both proponents and opponents of the code.

The retention meant that oral and anal sex was finally legalised for heterosexuals but not homosexuals.

homosexuality and lesbians symbols 240105"They (homosexuals) live their lives. That's their personal space. But the tone of the overall society, I think, remains conventional, it remains straight and we want it to remain so," Prime Minister Lee Hsien Loong had said during the Parliament debate before a petition to repeal section 377(A) was rejected.

Nevertheless, the Home Affairs Ministry in Singapore has promised not to actively persecute anyone under section 377(A) of the Penal Code and prosecutions under that section have been rare.

However, in Malaysia, there has been little or almost no awareness on, much less opposition to, section 377 despite the fact that most human rights groups and activists strongly believe that the code violates the right of adults to sexual relationships within a private environment and the presence of consent.

Social taboos

Feminist activist and researcher Jac Kee admits, "Section 377 of the Penal Code has rarely been tackled by local human rights organisations.

"Although the Joint Action Group for Gender Equality (JAG) has considered taking steps to push for reform, it has been occupied with other pressing matters, especially laws pertaining to rape, divorce and issues involving women's rights.

"However, much of the lack of activity on reforming section 377 of the Penal Code is also due to paucity of space and willingness for proper discourse on sexuality rights in Malaysia."

Agreeing that the taboo around sex was an obstacle to abolishing section 377, Tan added that a culture of fear has also hindered Malaysians from raising difficult questions.

"So long as these two obstacles remain, any effort to repeal the section will be difficult because we cannot speak honestly about our views, and hence cannot consider the full range of implications related to sexual matters.

"A third obstacle is related to our inability to separate matters of personal morality versus public morality. What happens within the confines of private life, so long as no rights are being violated, should not be regulated by the state," she said.

"We should also ask ourselves what it means when the two times Section 377 has received any publicity has been in relation to politicised cases; the first involving Anwar Ibrahim, and now relating to Chua Soi Lek.

"It is not a coincidence that this law has been used to discredit both these men given how it is premised on the demonisation of sexual practices outside intercourse between a man and a woman within the institution of marriage."

She also noted that a shift in Malaysian mentality towards respecting the privacy and lifestyle choices of individuals was needed before any substantial reforms in laws pertaining to sexuality rights could be attempted.

In 2007, a parliamentary select committee reviewed Section 377 of the Penal Code and the Criminal Procedure Code. However, no amendments were made to the former.

Respecting the tenets of religion

According to Honey Tan, social activist with Empower, two recommendations to amend Section 377 were also shot down during the United Nations universal periodic review held in Geneva last month.

The review is held every three years to draft recommendations to improve human rights protection in member states.

The Malaysian delegation, led by Secretary-General of the Foreign Ministry, Rastam Mohd Isa, noted that it was right to say that the Malaysian Penal Code criminalised oral and anal sex, adding that such sexual conduct was against the tenets of not only Islam, but other major religions in Malaysia.

Chile recommended that Malaysia eliminate standards in the penal code which allow for discrimination against persons on grounds of sexual orientation, while France recommended that Malaysia respect the rights of all individuals, including homosexuals, by de-penalising homosexuality.

However, the Malaysian delegation reported that both suggestions did not enjoy the support of all Malaysians. Hence, it is safe to say that the ban on oral sex and anal sex will probably stay for a long time yet.

In Malaysia, Pressure Builds Over Enforcement of Islamic Laws
By Michael Richardson
Published: MONDAY, AUGUST 18, 1997
international herald tribune

SHAH ALAM, Malaysia: When Noni Mohamad entered the Miss Malaysia Petite beauty contest, she did not expect to become the focus of a bitter struggle between moderate and conservative Muslims in a country that suddenly seems to be veering away from religious toleration toward extremism.

Like many other young Malaysians, Miss Noni, a 19-year old freelance model, says she was unaware of a law banning Muslim women from taking part in beauty pageants.

The law was enacted just over a year ago by the state of Selangor, an urban and industrial center adjacent to Kuala Lumpur.

But the arrest of Miss Noni and two other Malay Muslim women at the end of the contest, followed by their conviction last month for indecent dressing, for taking part in the pageant wearing leotard swimsuits, was the first time Selangor religious authorities had enforced the law.

The Sharia High Court in Shah Alam fined the three women 400 ringgit ($145) each and said they would be jailed for two months if they did not pay the fine.

Under the law, they could have been fined 1,000 ringgit or imprisoned for six months, or both, for the offense.

Now, Malaysian religious, youth and women's groups and the media are embroiled in a public debate about the rights and wrongs of the affair — and the wider issue of how Muslims should be expected to behave in a multiethnic society that has large numbers of non-Muslims not subject to Islamic laws. The debate also reflects concern among moderate Muslims and non-Muslims alike at what they see as a trend toward compulsory Islamization in Malaysia.

Almost all Malays, who comprise about 55 percent of the population of 20 million, are Muslims and subject to both Islamic and Western-style secular laws. The Islamic law deals with marriage, divorce and many aspects of morals.

Minority groups, chiefly non-Muslim Chinese and Indians, are subject only to the secular laws.

The trend appears to be supported by some influential figures in the federal government as well as some of the states, which have the power to legislate on religious matters under the country's constitution.

For example, a committee chaired by the deputy prime minister, Anwar Ibrahim, recently decided that all higher education students of whatever ethnic or religious background will have to take a course in Islamic civilization.

At about the same time as the Miss Malaysia Petite row erupted, the chief minister of Selangor state, Abu Hassan Omar, said that a new law would be implemented in 1997 to force Muslims to pay their annual zakat, a religious tax, or face fines or jail for up to three years.

Several other states have indicated that they may follow Selangor. Until now payment of zakat has been voluntary. It is supposed to represent 2.5 percent of personal income from all sources, and be paid into a special fund for distribution to the needy.

Some advocacy groups support the imposition of a conservative dress code for Muslim women, including a ban on their participation in beauty contests, on the grounds that "indecent" dressing exploits and demeans women.

But where, critics ask, would that leave female athletes, swimmers and gymnasts training to compete in the 1998 Commonwealth Games in Malaysia?

Feminists criticized some religious officials for applying different standards to men and women.

Marina Mahathir, a newspaper columnist and daughter of Prime Minister Mahathir bin Mohamad, wrote that some officials were uneducated "charlatans" who wanted women to be "at home having babies endlessly and covered head to toe."

"Compared with incest, child abuse, wife-battering, drug abuse and corruption," she said, "whether you're dressed right or wrong according to someone's arbitrary values should rank pretty low in the scale of the concerns of our times."

The federal government — concerned that the spread of Muslim extremism will deter investment just when it is most needed to revive confidence in an economy hit by recent currency speculation — said this month that it had successfully persuaded the states temporarily to suspend the enforcement of religious rulings on the behavior of Muslims.

Meantime, a committee under the prime minister's department will make recommendations to the Malay rulers, who have authority over religious matters in their states, on a set of uniform Islamic Sharia laws for the whole country.

The prime minister said that the arrest of the three women for taking part in the beauty contest was extreme. In a recent interview with a local newspaper, he said Islam was a tolerant religion that should be practiced the same way by all its followers.

"The Koran never said that Islam must be different in each state," he said. "But there are people who want to show their power. This is the problem."

As a result of a resurgence of Islamic values in recent years in Malaysia, many Malay women, especially those working in government offices, wear full-length dresses and head scarves.

But if Selangor's law on Islamic dress were to be generally adopted, action could be taken against Muslim women who wore body-hugging dresses, bikinis, leotards, low-cut blouses or skirts that exposed the leg.

Muslim men also could be prosecuted if they appeared in public showing the area of the body between the knees and the navel.

Published: Monday February 16, 2009 MYT 11:59:00 AM
Updated: Monday February 16, 2009 MYT 8:36:37 PM
Nude pix scandal hits PKR rep (Update 7)
By LEE YUK PENG, WANI MUTHIAH, LOH FOON FOONG and SIM LEOI LEOI

PETALING JAYA: Outspoken Bukit Lanjan assemblyman Elizabeth Wong lodged a police report at the Damansara police station here Sunday night over nude pictures and videos of her that have been circulating via MMS.

In a statement released Monday afternoon, Wong said that the distribution and publication of these photos/ video was a malicious attack.

“This constitutes a gross outrage on my modesty, a gross invasion of my privacy, and in particular the sanctity of my personal life,” she said (see statement in full below).

“I have received a lot of support from my supporters, friends, colleagues and members of my constituency. I wish to thank them for their concern, support and encouragement.

“My family members are standing behind me. I would like to appeal to the media to give me and my family members some breathing space in this trying time so that I can weather this huge challenge,” she added.

OCPD Asst Comm Arjunaidi Mohamed confirmed a report was lodged and that police were investigating.

He appealed anyone who has received or seen the nude pictures of Wong to come forward and cooperate with the police.

"We don't have the pictures and we have not seen them, either," he said.

The pictures are believed to have been taken using a handphone, possibly before the general election last March.

Police sources said that the Commercial Crimes Division has been put in charge of the investigation.

Meanwhile, Bernama reported that Wanita MCA crossed the political divide on Monday to defend Wong.

MCA Wanita chief Datin Chew Mei Fun condemned the person or persons responsible for circulating nude pictures of Wong.

"We are outraged by such shameful acts of using women as sexual objects. It is an outright invasion of the privacy of women as well as an exploitation of women for political use," she said in a statement.

Chew said taking photographs of bodily parts without consent or knowledge is against the law and punishable under the Penal Code (Act 574) and publishing such pornographic materials in the public domain also constituted to a violation of the same Act.

"We would like to advise all women to be cautious. We also urge the government to strictly enforce implementation of the Act which provides for punitive measures so that it becomes a real deterrent against such detestable behaviour," she added

Wong won the Bukit Lanjan seat with a majority of over 5,000, the second largest majority won by a PKR state assembly candidate in Selangor.

She was later appointed a member of the Selangor state executive council, in charge of Tourism, Consumer Affairs and the Environment. She is also the information chief of the Women’s wing of PKR and of her division Petaling Jaya Utara.

As at press time, she had not commented on the issue on her blog.

Selangor Mentri Besar Tan Sri Khalid Ibrahim urged the police to conduct a proper investigation into the matter.

He told reporters at the Parliament lobby in Kuala Lumpur that the Selangor state executive council would discuss the matter during its meeting on Wednesday.

“Someone is trying to frame her," said Khalid, adding that he was waiting for the police report before commenting further.

“The party will discuss the matter with regard to her status. It is unfair to make any decision at this moment without any information," he said.

PKR president Datuk Seri Dr Wan Azizah Wan Ismail said she would look into the matter and said she felt sad that it happened.

“There is a pattern of PKR assemblymen being attacked,” she said, alleging that the ruling coalition Barisan nasional has had its share of scandals too.

Selangor exco member and Seputeh MP Teresa Kok said she had nightmares after learning about the incident.

“This is like invading a person’s privacy and the incident took place at her home.

“The whole incident could be politically motivated,” said Kok, adding that there must be someone purposely circulating the photos.

“She did not do anything that is against the people’s wishes. She is a victim and I support her," said Kok.

Azmin Ali (PKR-Gombak) said the party would wait for Wong to explain the situation to the Selangor mentri besar.

“We don’t want to know if these are old or new nude pictures. She must explain to us and if she is really guilty of having posed or was involved in the taking of these pictures, we will not hesitate to take action.

“But we don’t want to make any speculation as yet,” he said, adding that he had earlier discussed the matter with both Khalid and Pakatan Rakyat de facto leader Datuk Seri Anwar Ibrahim.

“And they both agreed that we should not compromise on any disciplinary action. We will leave it to the mentri besar to decide if she is guilty or not as he is the head of the state,” he said.

Unexpected sympathy
The nude pictures was all the talk around Parliament Monday morning. Home Minister Datuk Seri Syed Hamid Albar assured the public that the police would conduct a thorough investigation.

He said at present, it was still too early to say who was responsible for taking or circulating the pictures.

“She has lodged a report with the police, let them investigate,” he told reporters after attending the opening of the new Parliament meeting here.

Puteri Umno chief Datuk Noraini Ahmad said that she has not seen the video, but added that privacy should be respected, whether it is of a private individual or a public representative.

“People should not do such things,” she said, but added that those in the public sphere should be judicious in their conduct because their private lives are no longer that -- private.

Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said he sympathised with the Selangor exco member.

“This should not happen because she is a wakil rakyat (people’s representative) and she is doing her job as one; to get her down through such method is not good.

"I hope she can find the strength in herself to endure this and ignore it," he said.

Health Minister Datuk Liow Tiong Lai said that the distribution of such “pornography” was not in our culture.

“We don’t know what the political reason is. I can’t make any further comment because I don’t know the full details.

“This is not ethical and is an invasion of privacy,” he added.

“However, if the picture is a revelation of her lifestyle, all I can say is that it is not right for a leader to adopt such a lifestyle without boundaries,” he said.

Expected lack of sympathy
In Klang, Selangor opposition chief Datuk Seri Dr Mohd Khir Toyo said that Malaysians were not ready to accept leaders afflicted with scandals and given this, Wong should relinquish all her positions.

“This is a moral issue and Malaysians cannot accept leaders with moral issues, so she must vacate her state assembly seat.

“Let the people decide and if they still want her they can vote her in again or vote for someone else if they don’t want her to represent them anymore," said Dr Mohd Khir, who last week was detained and questioned by police for taking part in an illegal assembly.

It is rumoured that the pictures may have been taken and circulated by an ex-boyfriend.

ELIZABETH WONG'S STATEMENT IN FULL
I was informed on Friday, Feb 13, 2009 by journalists from The Malay Mail that they have in their possession intimate photos of myself and that the newspaper will be publishing a story about these photographs.

I was told that some people are trying to distribute photos/ videos showing me asleep in partial nudity and also in intimate positions.

The distribution and publication of these photos/ video is a malicious attack on my personality. This constitutes a gross outrage on my modesty, a gross invasion of my privacy, and in particular the sanctity of my personal life. It is being done by unscrupulous persons to embarrass and discredit me?

I am a victim in this incident.

I have yesterday lodged a police report in relation to this matter and I will fully cooperate with the police in their investigation. I will therefore not speculate publicly about those responsible for this gross invasion of my privacy.

I have received a lot of support from my supporters, friends, colleagues and members of my constituency. I wish to thank them for their concern, support and encouragement.

My family members are standing behind me. I would like to appeal to the media to give me and my family members some breathing space in this trying time so that I can weather this huge challenge.

I will in the meantime continue to carry out my task of serving the people of Selangor faithfully.

Elizabeth Wong
Bukit Lanjan assemblyperson
Exco for Tourism, Environment and Consumer Affairs

NST Online » Frontpage
2008/11/23
Sunday Interview:Fatwa on 'pengkid' to prevent lesbianism
By : ANIZA DAMIS

EXACTLY one month ago, the National Fatwa Council made a decision against women who dressed like men, denouncing it as haram. This has been met with anger, protest, and mainly, confusion, as to what exactly it is that the fatwa condemns. ANIZA DAMIS speaks to Malaysian De partment of Islamic Development (Jakim) director-general Datuk Wan Mohamad Sheikh Abd Aziz to get a clearer picture of the issue.

(This is a translation of the interview, which was conducted in Bahasa Malaysia)

Q: What is the actual definition of “pengkid”?
A: Pengkid refers to a married woman or maiden whose appearance or image is like that of a man. Although this also includes the dressing of the person and not just the way she behaves, the way of dressing is just one aspect of what makes a pengkid.

A woman may be dressed as a woman, but her behaviour may be like a man, or it might be a combination of this. She might also have a sexual desire for women.

This brings it “hampir” (close) to the practice of les bianism.

Q: Is it close to, or is it actually lesbianism? A: We can’t say that all people who are pengkid are lesbians. That wouldn’t be right. That’s why I say it is “hampir”.

Hampir means she doesn’t do that act, but she is heading that way. For instance, Islam forbids people from coming close to zina. That means, not only is the act forbidden, but any act that may lead to the actual act is also forbidden.

I believe there is no religion that allows lesbianism or homosexuality. But anything that can drive or lead towards it should also be stopped. So, this is the culture that we are trying to stop.

Actually, we are trying to save these women (from be coming lesbians).

Q: When you translate this fatwa into English, the word “tomboy” is used instead of “pengkid”. “Tomboy” in English doesn’t have a sexual connotation. So, what do you mean by “dressing like a man”?
A: This is what we mean by “fitrah”.

A safe way is to teach children, whether male or female, from an early age to follow their respective fitrah.

If we allow this budaya practice (of pengkid) to continue to develop, it will become an tradition, and then a norm. When it becomes a norm, then people will think no longer think of it as a wrong. This is something we do not want to happen.

That’s why we want to go back to the fitrah. If you follow your fitrah, the chances of you being safe is higher, compared with if we were to completely give freedom until you could not differentiate between feminine characteristics and male characteristics.

Q: Unlike in other Muslim countries where a fatwa is an advisory, in Malaysia it is law. Do you really want to make this fatwa law?
A: In Malaysia, not all fatwa becomes law. It only becomes law when it is gazetted. And not all fatwas in Malaysia are gazetted.

Q: So, this fatwa hasn’t been gazetted?
A: This is only at the national muzakarah stage. Most fatwas are not gazetted.

Usually, we look at what the subject is. If it is a fatwa that involves aqidah (Islamic doctrine), it is gazetted. This is because it requires follow-up action by the authorities, especially with deviationist teachings, or extremist or militant movements, as these involve issues of security and will need legal action.

But not all fatwas are gazetted. In fact, not all fatwas have to be gazetted.

Q: But in this case?
A: The gazetting of this fatwa is up to the discretion of the State. We prefer to look at it as an issue of social ill that we can overcome through dakwah (propagation of Islam through words and action) and education.

There are already provisions in the law for cases that have gone to the point of sexual crimes – such as being an active lesbian.

This decision was only just recently made. The process of making a fatwa is quite unique. The national fatwa council is a council that is appointed by the Council of Rulers. It’s members are the muftis of all States and five experts who are recognised by Jakim and appointed by the Council of Rulers.

If it is a national issue, we will discuss it and then standardise the fatwa at the national level. But for it to be an official fatwa depends on the religious authorities in the respective states.

Q: So, are there any states that want to gazette this fatwa?
A: You’ll have to ask the respective state religious authorities.

But in our opinion, this is a social ill, whereby there are many other ways in which to address it (other than legal). Like using wisdom and harmony.

Q: Is there any proof that if a woman dresses as a man, she will become a lesbian? What is the link between clothes and lesbianism?
A: Perhaps this is something that is different between the Islamic perspective and non-Islamic perspective.

Our approach is based on a rule of the maxim in Islamic jurisprudence – that we prevent the opportunity for some thing bad to happen. We believe this is a good approach in preventing something bad which is forseeable, based on research and other issues.

This principle is used when determining a fatwa.

Back to the issue of clothes. We have said from the beginning that dressing is not the sole factor (in lesbianism). It is more about behaviour. Don’t forget, a pengkid might be very feminine, but she is a pengkid because of her behaviour and sexual desires.

Q: So, a pengkid has a sexual connotation?
A: Yes. This is what we are worried about. What is meant by pengkid is a person who is inclined to be attracted to someone of the same sex.

It starts with the clothes and the behaviour.

What we are most worried about is that this person might go to the extreme level. That is why we feel it is safer for each person to strive to follow or abide by his or her fitrah.

A woman would be more damai (at peace) if she had a man as a companion.

Q: At the same time, we can’t go out with a man who is not our muhrim, right?
A: True. But that (relationship) can be legalised through marriage. That is a different issue.

Women can be friends with women, and men can be friends with men. That is encouraged.

That’s why in the hadith: Two people (of the same sex) that love each other, meet and part only because of Allah.
What this means is, these two people are true friends whose friendship is guided through morals.

There is nothing that says women cannot love and respect each other. This is allowed in religion. What is forbidden is the extreme act. They don’t approach each other as a woman friend, but as a male companion. This is the problem.

Q: The problem is, when it comes to the level of society, the understanding of this fatwa might be different. For instance, at the moment, a lot of men’s clothes have become unisex for women. So, for instance, on the days where I am going to a particularly rough place, I might wear a shirt and pants, and I might not wear earrings or bright lipstick. If someone sees me at that time, what would be the conclusion that person might have on my sexual preference?
A: That is a different issue. We are currently talking about normal conditions. If we talk about situations like you mentioned, then that’s the same as a male policeman going undercover as a woman.

Q: The niat (intention) of the fatwa is one thing, but its application is another. What is going to happen if someone who has heard of this fatwa starts harrassing a woman whom he feels is dressed or behaving like a man?
A: Let’s forget about the possibility of harassment by men.

Q: We can’t.
A: Alright. But what if the woman who behaves like a man attracts the attention of other women. Doesn’t that also present a threat of harassment?

Q: If that’s the rationale, then I’m better off dressed as a man. For, if I were to dress as a man, I would be harassed by fewer women than I would be by men, were I to be dressed as a woman.
A: (laughs) Actually, the danger to you would then be that you would be harassed by men, and there would be a new harasser (women).

But a pengkid is not just about dressing. Dressing is just one of the factors. A woman might have a husband, wears a baju kurung and tudung. But if her behaviour and desire is towards other women, this is where the woman starts to neglect her husband or even leaves him for her woman companion.

Q: And if the woman leaves her husband for another man?
A: That is another issue.

What we are discussing right now is the destruction of the family institution, which would affect the children.

And, it might even come to a point sometime in the future, where it could affect the grandchildren. Because these days, as Joan Collins says, even grandmothers are well turned out.

Q: Surely grandmothers are allowed to dress up.
A: Yes, but think of the effects on the grandchildren (if the grandmother is a lesbian). This threat is not impossible. It might happen to young grandmothers, who might have an interest in other women.

So, don’t think that pengkids are just a danger to maidens. It is also a threat to (married) women. Whether she is a maiden, a married woman, or even a grandmother, she can be exposed to this problem.

Dressing is just one factor.

Q: What is in our hearts is not visible, whereas clothes is something people can see, and that is the thing upon which people can take action. What we are afraid of is the harassment and victimisation of women, whom you say you are trying to save. Your fatwa can have negative repercussions.
A: What would happen if we didn’t give any advice or reminders to save our people? If we allow this problem to continue and expand, our eastern culture will be no different from the western culture. Where would our religious values go?

We consider the fatwa as an advice to parents. Parents love their children. So, this opinion (fatwa) is to save the next generation. At the same time, we have to remember that a fatwa also saves culture.

Q: I want to look at the application. What is are the characteristics or traits or elements that are considered feminine? What is the dresscode for women?
A: The dresscode for Muslim women is based on ensuring her safety, honour and femininity. So, the issue of the shape of dress, colour and so on is not an important issue.

In Islam, the important keyword is aurat (parts of the body which must be covered). In the context of a woman, she must not only be fully covered (except for the face and hands), but her clothes must not show the shape of her body.

For instance, people always say Muslim women cannot wear jeans. But who says they can’t? In reality, Muslim women can wear jeans in public, but it has to be complemented by other things so that the shape of her body will not be revealed.

But when she goes into her own house with her family members, the jeans doesn’t become a problem.

Q: The problem with the possible interpretations of this fatwa is that it may go back to the days when women were oppressed. It might even, to an extreme degree, lead people to say that women should not be engineers.
A: Does Islam forbid women from being engineers?

Q: No, it doesn’t. But what is the practice?
A: A practice may be a tradition, not religious teaching. We are talking about religious teaching.

We are in Malaysia, not Bangladesh where they mix-up their cultural practices with their religious practices.

Over here, we are talking about what is taught by religion.

Q: That is because you are a thinking person. You cannot assume that everyone in society is going to think like that.
A: That’s why we issued the fatwa with an explanation, so that people would understand that this is a religious requirement. It is not a restriction that has nothing to do with religion.

Also, don’t forget that religion is actually very flexible. A lot of traditional practices can be accepted into religious practice. The principle of Islamic jurisprudence is that an adat tradition) can be accepted as hukum (decision). But that depends on what kind of adat. Certainly, not an adat that oppresses women, for that is not in keeping with the demands of religion. It is Islam that freed women.

Q: But, unless they studied the history of Islam, not a lot of people realise how much Islam liberated women. Especially now, if an outsider looks at Islam, it seems as if Islam oppresses women. This is because of what is practised, which may not be the same as Islam teaches.

A: I think a lot of people think a dresscode is restrictive. If you wear certain clothes, does it mean you cannot be a careerwoman, a professional who is successful in her field? No. This proves that religion does not oppress women. What restricts you is not your clothes.

People use the Islamic dresscode as an excuse to say that Islam oppresses women.

Q: Be realistic. Malay culture is very patriarchal and very male-oriented. A fatwa that starts out with good intentions could be deviated and used as a tool for something else. For instance, if you were the creator of something as potent as nuclear energy, surely you would want to think of a way to ensure that it is not used for the would want to think it is not used for the wrong reasons. If a state gazettes this fatwa, how is it going to be enforced? For instance, not every Muslim woman wears a tudung. So, in order to enforce the fatwa, you have to first verify that a woman is a Muslim. Does that mean that an enforcement officer will stop the woman, ask to see her identification card (IC), look to see whether she is Muslim, and then if yes, proceed to look her up and down to assess her dressing? Most enforcement officers are men – so, isn’t this going to be a problem?
A: That is deviating the issue from the real issue. The real issue we are concerned about is when a married woman is attracted to a woman. Or when a young girl who is growing up and her social process is not in keeping with her fitrah. In the long run, this won’t be good for her. Men need women, and women need men. This is what we are trying to protect.

If we did not remind people that this is a deviant trend, are we willing to see how the next generation is going to look like?

This fatwa is intended to bring about good. Even though it is advice and guidance for Muslims, it is actually suited to the universal values of other religions.

Does Judaism, Christianity, Hinduism, Taoism, or Buddhism allow lesbianism?

Q: Do you consider homosexuality to be a ‘contagious disease’?
A: If we look at Eastern Europe and some states in the United States, there is a move to legalise these things there, from pressure groups or international organisations. But this is a social movement. We are looking at the issue from a religious perspective.

NGOs in Malaysia’s who held demonstrations protesting this fatwa were largely non-Muslim – the people behind the demonstrations. That’s why I want to ask: In their religions, is lesbianism allowed?

Q: Maybe you are mistaken in thinking that they are objecting to your stand against homosexuality. Perhaps they are objecting to your restricting women’s rights to choose their own clothes.
A: If that is true, then that means they don’t understand the real issue.

The issue of pengkid is not just clothes. We have stated clearly that among the characteristics of a pengkid is the dressing. What we are discussing now is pengkid.

Q: Let’s look at khalwat (close proximity) raids. When enforcement officers suspect khalwat is taking place, they knock on the door in the middle of the night. The occupants of the residential unit, who are not up to any mischief, are sleeping. They are all chaste girls and there are no men hiding in the unit. But the enforcement officers barge in and start taking photos of these girls in their sleepclothes. These sleepclothes are not of the same standard of decency that a woman would wear if she were receiving guests in the daytime. But these enforcement officers take their photos in this state of undress. Isn’t this an offence? Whereas, the initial intention of the rule is different. But because the rule is there, it can be misused by an enforcement officer who has different objectives. This is the concern.
A: I think we’ve gone into a different topic. I don’t think we’re talking about pengkid anymore.

Q: This is about the repercussions of a fatwa. The niat might be good, but the application might be wrong. If we are realistic, we will admit that not all things that start with good intentions will end in goodness.
A: But we have to differentiate between principle and enforcement.
The principle of a certain law has to exist. It doesn’t mean that just because we are worried the enforcement will be wrongly applied, we don’t establish any laws.

For instance, we have the Penal Code. But there are people who misuse the Penal Code. We know that the police have been known to do this.

Q: But the police have their Standard Operating Procedures.
A: The Jabatan Agama (religious department) also has an SOP, but not a lot of people know that.

Just because one or two people masquerade as police, or there are some unethical policemen and do not observe legal procedures, does this mean we shouldn’t have these laws? What would happen to society?


We are talking about principles. We have to be clear on what is right and what is wrong. We have to do this either through codifying laws, or through a fatwa that gives guidance.

Q: Is it not possible, when issuing a fatwa like this, to add a proviso that says that the people who can guide or advise these women are only the parents and husband, and everyone else cannot disturb these women? Because if you really want to guide these women, then at least it would limit it to the people who are really involved in these women’s lives, rather than strangers who would just harrass.
A: That would not be practical or realistic at all. And it runs counter to the spirit of dakwah.
It is true that the parents, immediate family, and husband or wife have a right and responsibility to advise and protect their family members. A husband has the responsibility to protect his family. A wife has the right to advise her husband and family. But this does not mean that other people in society do not have the right in religion to correct a certain situation. In other contexts, we have such a thing as social responsibility. We cannot say, in the instance of hooliganism, that only the parents or elder siblings should admonish the child.

When it is something that can bring about ill, the person closest to the offender has a greater right and responsibility to take reparative action, but other people also have a role to play. That is the difference between seeing things from the perspective of dakwah and the western perspective of human rights.

Q: As we have seen from history, everytime society says it wants to protect women, in the end, it is the women who become victims.
A: I would like to challenge international research agencies to do a study on where women are safest.
Actually, it is women who live in a community that practises Islam that are safest. Because they are protected.
We can prove this with research. And don’t take isolated cases. Isolated cases exist everywhere.

Q: As a journalist, I go to all sorts of places in Kuala Lumpur and Malaysia. And, 99.99 per cent of the people who harass me are Malay men.
A: That’s why I said, “people who practise Islam”. Islam meaning protecting women. Those who harassed you were Malay men, but not Muslims who practise the teachings of Islam. We are talking about the teachings of Islam, not Malay culture.

Q: But laws are not for the good people, they are for the bad people. Good people, even if there are no laws, would still be good people.
A: If we had no laws, a social system that could guide and advise us, or religious teachings or fatwas, do you think this world would be peaceful?

Q: Yes.
A: What I mean is, our lives would be more secure and harmonious if there were laws and a social system that protected us. In the context of Islam, laws are Shariah (a way of life).

Q: If this fatwa is to stop homosexuality…
A: Lesbians. It’s to stop lesbianism.

Q: Why didn’t you come out with a fatwa reminding everyone that homosexuality – male or female – is wrong, and homosexuals should be advised about this. Why did you focus only on lesbians?
A: Everyone understands homosexuality and lesbianism. In the context of religion, this is a deviant practice.

But we are focusing on pengkids right now because it is a new trend that some people in society feel is not wrong. They see it as only a trend. If you only look at clothes, it might be seen as only a fashion trend.

This is what worries us.

As far as leabianism, homosexuality and zina (illicit sex) are concerned, there’s no need for a fatwa, because the rules are already clear on this. I think everyone already understands this. And all the provisions exist in law.

A fatwa focuses on new things where society is uncertain of its rightness or wrongness.

As a result of Jakim’s study, we concluded that this is a trend that our society seems unclear on, and even Muslims think it’s a normal thing. And this is something we are concerned about, because it can influence our children.

Q: You don’t think it’s a problem when, instead of casting your gaze downwards (from looking at people from the opposite sex), you are looking at the way a woman is dressed and assessing whether her clothes are too tight or too manly?
A: Actually, we don’t have to stare; it possible to see with just one glance. (laughs) Staring at a woman is a separate sin.

Q: Isn’t it that in Islam what is important is what is inside – your substance – instead of what you are wearing? Your niat is the most important, isn’t it?
A: That’s incorrect. Your interpretation is wrong.
Yes, it’s true that there is a hadith which says that our actions are judged based on our niat, and there is another hadith that says that Allah looks at our hearts. That’s because iman (faith) rests in the heart; and the Allah’s acceptance of our actions is based on our niat. That is the way Allah judges us.

But, in life, we are also bound to the principle that humans judge based on what humans can see. What is hidden can only be judged by Allah.
For instance, even if I cover all my aurat perfectly, like today when I am wearing the baju Melayu, but if I have an evil heart, even though I am dressed like a true Malay, or true Arab, or true Indian, I would still be a sinner because of my evil heart. That is one way Allah judges you, according to what is in your heart.

But Allah also judges you on your actions. In this context, there are things that are forbidden and things that are encouraged.

In dressing, for instance, the question of intention is one thing.

If I were to dress in such a way that exposed my aurat, even though my intentions are good, it is still an offence. The same as if I am properly dressed but have bad intentions. I have still done wrong.

You are judged on what is in your heart and how you translate that intention in your actions.

Q: Is it possible that there is a misunderstanding that a woman who dresses as a man will become a lesbian?
A: It looks as if we are only discussing clothes today.

Q: This is the thing that has created uproar in the month since the fatwa was announced.
A: But in the fatwa council’s discussion about pengkid, we spent less than five minutes talking about dressing.
If you look at our explanation on the issue, you’ll see that “pakaian” (clothing) is only mentioned a couple of times.

Q: But that paper is not issued to everyone. That is why this misunderstanding could have occurred. I myself looked all over the Jakim website for it.
A: We haven’t had a chance yet to explain the fatwa.

Q: But it’s been a month since the fatwa was announced.
A: When we announced the fatwa, we did try and explain it, but during the question and answer session with the Press, what they focused on was the issue of dress. Society has been misled by the media that is biased and prejudiced. This is not fair to the fatwa council.

Q: In one month, there has been no clear explanation of the fatwa. And so, it is not surprising if people are angry, because they do not understand the fatwa. And one month of no explanation isinexcusable.
A: Why is the media only just meeting us after one month? That has to be answered.

Q: I have been trying to see national fatwa council chair man Prof Datuk Shukor Husin for a while now.
A: Well, unfortunately, he’s been rather busy, visiting three countries and only just came back (two weeks ago).

But to completely put the blame on the media would not be right either.
We make only the decision of the fatwa available to the public. But for researchers or academics, they can come for the detailed explanation and get it at any time. In fact, there are so many of these people, that we can sometimes barely attend to them. But even so, we are always very glad when people come to study the fatwas and ask how they are decided.

Q: How is a fatwa decided?
A: At Jakim, the process is based on studies. We prepare a research paper. If the issue concerns Shariah ,we bring it to the panel that studies shariah issues, which consists of muftis and academics who are not Jakim staff and who are free to voice their opinions. We also have women.

Q: When deciding on this fatwa, were there any women involved?
A: After undergoing that process, we then bring the matter to the national fatwa council committee. We also have women in this committee, but not many people know this.

But the issue is not whether the fatwa was brought out by men or women. What is important is that research is done in a comprehensive manner. If a person is an expert, we invite that person to contribute.

Q: If a matter involves women, women should at least be consulted. Because Puan Najibah (the Jakim public relations officer) and I,for instance, both know that even if we were to dress up as men, we wouldn’t be attracted to women. If I were to dress you up in a baju kurung, do you think you might be attracted to Ustaz Zakaria (his special officer)?
A: (laughs) Oh dear, this is starting to feel like a court room.
Don’t forget, even though we might not be attracted to people from the same sex, they might be attracted to us.

Q: Well then, you shouldn’t dress like a man, otherwise I might be attracted to you…
A: Well, that would be in keeping with our fitrah. If women liked men, and men liked women, that is fitrah, and it can be legalised through the institution of marriage.

Q: What would happen if you dressed as a man, and a gay man was attracted to you?
A: That would be a different sort of crime.
That’s why I keep repeating, it’s not all about the clothes.
A man could seem extremely masculine, but in reality he is gay. What is at fault is not his clothes, but his homosexual behaviour.

Q: Surely you can see how, from a fatwa that had a good niat, in just one month it could be interpreted in so many different ways. That is the nature of mankind, to misinterpret things. And we haven’t even got to the enforcement stage yet.
A: We aren’t talking about enforcement yet. If the matter gets to an extreme level where, if we do nothing, the homosexual and lesbian culture becomes widespread, we might have to have enforcement. We are trying to save society.

Q: Let’s say if I were to dress like my photographer just now, and I get harassed by people because of this fatwa. What is my right? I’m not talking about enforcement by law, but enforcement by society.
A: If we talk about enforcement, it’s only the legal authorities, who have been given enforcement powers. People who have not been given enforcement powers are breaking the law if they try to do the enforcing. There are provisions to deal with those kinds of people.

Q: Is anyone going to be given the powers to enforce this fatwa if it is gazetted?
A: We already have religious department enforcers. In any case, at this moment, we have in the law what is called musahaqah. That is, when a woman has sexual relations with another woman.

(The penalty for this offence is a fine of not more than RM5,000 or imprisonment of not more than three years, or whipping of not more than six lashes, or a combination of any of these).

So far, there hasn’t been a case yet, but surely we’re not going to wait for this problem to arise before we do anything. We hope it won’t ever happen, but whatever that might lead to crime must be stopped. The same with any crime. If you study criminology, in any criminal system, if something can lead to a crime, there will be laws in place that will prevent this.

Q: But in the criminal system, a person is only penalised when he has committed the offence and is proven to have committed the offence.
A: That is another matter.
But if it is an act that may lead to a criminal act, in any criminal system, whether in the east or the west, there will be a system that will obstruct it.

For example, you need a licence to own a firearm. If you don’t have a licence, you can be penalised. This is to prevent a crime from happening.

Q: Can clothes be a weapon that can lead to a crime? The reason I keep coming back to this issue is because it is part of the wording in the fatwa. And, it is actually quite possible that people will forget the initial intention of the fatwa was to curb lesbianism, and focus solely on harassing women who seem to be dressed like men.
A: I think we have become stuck in a western values trap that makes the dresscode an excuse to denigrate our religion and values.

Q: But it is not westerners who are going be the main cause of the problem. It will be easterners like us.
A: I meant in the way we think. We are thinking about fiqh and unhealthy practices, and we have fallen into this trap. We have to look at it from the right perspective. We should prioritise the implied meaning of the fatwa.

Q: If everyone we were dealing with were all good men and women, this wouldn’t be a problem. The problem arises when there are people who do not think logically or rationally.
A: We will deal with that with the values and laws that already exist. If someone infringes on the rights and privacy of another person, I think we are not short on laws to deal with that.

Q: What if someone says, “Oh but the fatwa says I must advise or admonish you,” but the focus of admonishment is something altogether different?
A: Does the fatwa says that all people must be involved in this? The fatwa determines the principle, as a guideline for family members, educators. If we do not create this awareness, I cannot imagine what the character of Muslims or non- Muslims will be like in the future. Will Kuala Lumpur be another Bangkok or Helsinki?

We want our own Malaysian identity. Particularly as Malaysia is a Muslim country. We are admired for our strong faith, and for the moderate approach that we practise. It is a model for the entire 56 OIC (Organisation of the Islamic Conference) member countries.

Q: Is lesbianism or homosexuality a ‘contagious disease’?
A: Do we want to wait for it to be of disaster proportions before we take action?
Looking at the current reaction, it will become a disaster if we don’t do something now.

Q: But if you go to western countries, it doesn’t appear to be something that’s ‘contagious’.
A: Can you prove that it isn’t?

Q: Can you prove that it is?
A: We can prove it. Because it spread to this country. That’s proof that it’s contagious. That’s dangerous.

Q: Did it come here, or was it already here?
A: If each ethnicity practised its traditional culture, the issue of pengkid would not arise. Look at how traditional Malay women dressed, and look at how Indian and Chinese women dress. Looking at just the ethnic elements and not the religious ones, you can tell an Indian woman from an Indian man from the way they are differently dressed according to their tradition.

Just like Muslims, if we all observed the pure and clean elements of our culture, the issue of pengkid would not arise.

Q: When would you say this problem came to Malaysia?
A: It’s been around quite a while. But it was imported.

Q: Is it bad because it was an import? Islam was imported in to this country, too.
A: That’s true. Something is not bad just because it is an import. What matters is whether it has positive or negative values. If we import nano-technology, for instance, then that is an example of a good import.
For Jakim, which is an Islamic institution, what is not a good import is anything that contradicts the teachings of Islam.

All people of any religion or culture should be worried about this problem, because it can bring about social decline. Why should it be just Islam that has to do this battle? And why are people looking askance at us, whereas we are trying to save all of society?

If people of other religions also obeyed this fatwa, I’m certain it will bring good to Hindus, Buddhists and so on.

We are talking from the perspective of religion. Is what we have outlined from the Islamic perspective not good for Malaysians who are not Muslim?
If we respect this fatwa, will it visit harm on Muslims?

I would like non-Muslims in Malaysia to understand that the teachings of Islam is for the good of all.

People should realise that if the application or enforcement of a law is flawed, it is the fault of the person who is enforcing, and not the law itself. Because otherwise, does this mean we should abolish moral law?

When people question why should there be people to decide what we can wear, they are no longer questioning the enforcement of the law anymore, but the law itself.

THE FATWA

"PENGKID, that is, women who have the appearance, mannerisms and sexual orientation similar to men is haram in Islam. We urge parents and the Muslim community to pay serious attention to this problem. Emphasis should be on teaching and guiding young girls, especially on the aspects of their clothing, behaviour and appearance, so that this problem may be avoided because it runs counter to their fitrah* and Allah's way."

* Fitrah is the innate natural sexual inclination that each human is born with and which does not change. In Islam, if a person is born male, he is masculine and is sexually attracted to women; and if a person is born female, she is feminine and sexually attracted to men.

Sunday February 22, 2009
When private life becomes public
Stories By HARIATI AZIZAN, JOSEPH LOH and RASHVINJEET S.BEDI

Politicians face high expectations from the people and their personal lives often end up under the microscope. What rules apply when you are young, single and a woman?

PERHAPS social commentator and law lecturer Prof Dr Azmi Sharom captures it best when he says, “I don’t know what the issue is. Everybody has genitals and people have sex. Malaysians just have to grow up and get used to it.”

But as the past week has shown, in a conservative country like Malaysia, it is an issue. And when you are a public figure, it is an even bigger one.

Despite the overwhelming support from all factions, including her constituents, Bukit Lanjan assemblyman Elizabeth Wong is resolved to withdraw from office after intimate pictures of her were circulated in the public realm.

As she revealed in her press statement before taking refuge from the public glare: “I have been informed that they will continue to publish even more lewd graphical, sensational stories of my private life.

“I have also been told there will be a fresh assault, with more photographs and videos released and circulated in order to completely degrade and bury me.”

The case has again brought under the microscope what is acceptable and not for the public and the private conduct of a leader.

More importantly, for right and wrong, it has raised questions on the public figure’s ability to do his or her job.

For some, it is as simple as the popular maxim, “You can’t continue in power when you have been seen naked.” For others, it is a more complex issue of values and morality.

Whether Wong has transgressed any code of conduct for politicians – specifically in matters of sexual relationships – is still up for debate in certain quarters. For most, however, the do’s and don’ts of public life, are crystal clear.

Holier than thou

As academic Prof Emeritus Tan Sri Dr Khoo Kay Kim explains, it depends on whether Wong is a victim.

“If she was taken advantage of – anybody can sleep naked in his or her room and be photographed by someone – she can’t be blamed. But if it was consensual, the implications will be different.”

In the West, he adds, sex is not a big deal but in our society, it is still a thorny issue, particularly pre-marital sex.
Out in less than a year: There was jubilation on the night that PKR’s Elizabeth Wong, seen here with Dr Mohd Nasir Hashim who won in Kota Damansara, became the new Bukit Lanjan assemblyman on March 8, the eve of her 38th birthday.

As public figures and representatives of the people and government, politicians are expected to follow an unwritten rule of decorum, he says.

“In the Malaysian society, you are representing the community. The moral values of the Malaysian society are quite clear.

“When someone decides to be a politician, it is a choice, they are not forced, so, that person has to ensure that he or she will always preserve their integrity to the hilt. If one cannot do this, one shouldn’t become a politician,” he opines.

He believes that although politicians have a right to their personal life, they have to forsake their privacy.

“I believe that a person who becomes a leader has no right to a private life, he or she is answerable to the voters who elect them and give them the mandate to represent them. The politician is not an ordinary individual anymore,” he says.

Ibrahim Suffian, the programme director at Merdeka Center for Opinion Research, agrees that Malaysian society to a large extent has a conservative view when it comes to pre-marital sex.

“This sets the tone on how people should behave and leaders are expected to reflect those values. I’m not saying that those people subscribe to those values, but they have an idea on how leaders should behave,” he says.

Dr Ahmad Fauzi Abdul Hamid, associate professor in Political Science at the School of Distance Education, Universiti Sains Malaysia, concurs.

Malaysia is a modern enough society not to impose any strict moral code, he points out, “But every ethnic group in Malaysia highly values customs and traditions which place the family as an integral part of society. As such, any peccadilloes that undermine the family institution is deservedly frowned upon.”

Hence, he stresses, single representatives should safeguard their modesty in all undertakings, notwithstanding the culturally relative understanding of ‘modesty’.

“If they choose to be single, there is no way out of the ‘moral safety’ net. The best way out is to begin a family,” he suggests.

Double standards

The social permissiveness that we find in the West is not necessarily for us to emulate, argues Dr Ahmad Fauzi,

He says that Wong should not expect the society to be as liberal as she might like it to be. Herein, lies the point of contention.

Many, like Azmi, believe that Wong has not done anything wrong.

“She is innocent of any crime so I don’t know what the issue is. At the end of the day she has not broken any law.”

Azmi also stresses that Wong’s case is different from that of former Health Minister Datuk Seri Dr Chua Soi Lek.

“He is a married man so there is the question of betrayal of his family and wife. Still, personally, I believe that what happened was strictly between him and his wife and family, it’s not our business.”

He says calls for Wong’s resignation reek of hypocrisy in politics.
Mystery man: Hilmi Malek is still missing.

“Some politicians can do anything – have sex with minors, get caught having affairs, transport millions of money illegally across borders – and despite all of this, manage to bounce back.”

All Women’s Action Society (Awam) president Sofia Lim Siu Ching argues that it reflects Malaysia’s attitude towards female sexuality.

“That there is a higher moral standard for women’s sexuality as opposed to men, more so for young, single women, is obvious and universal; a ‘good girl’ is one who stays chaste, and therefore pure and untainted, until marriage.

Any woman who transgresses these norms is punished and accused of being immoral, or going against ‘Eastern values’, as has been levelled at Elizabeth Wong,” she notes.

A single, youngish male MP who wants to remain anonymous says although he still has to be discreet about his relationships, he is less presurred to keep his “list of conquests” a secret or settle down and start a family.

Citing MP for Batu Gajah Fong Po Kuan, who was constantly derided for her marital status before she tied the knot, as an example, he says, he never had to answer for his single status in Parliament.

“Even if you are married – for the Muslim MPs – because you are allowed to marry more than one, having a girlfriend or more is not taboo. It is only wrong if you are caught for khalwat (in close proximity) or zina (extra-marital sex) with a woman,” he shares.

Woman activist Jac S.M. Kee from the Association of Progressive Communications, Women’s Networking Support Programme (APC WNSP), strongly believes that the only morality rule that should apply in the case of Elizabeth Wong are the principles of autonomy, self determination and privacy.

“As can be seen by the vocal support from a huge number of her constituents, she is not only capable, but has been exemplary in performing her duties. The only problem with this instance is the whole idea of women’s bodies and ideas of shame. That a woman’s body is not her own and belongs to the public, and therefore the public can decide when this body is no longer acceptable. If we are serious about having a democratic country, where each Malaysian has a right to self-determination and active participation in social and political life, then we must reject such notions completely,” she says.

Kee urges everyone, especially the authorities, to focus on the real issue.

“This is about the protection of the right to privacy and autonomy for each and everyone of us. Invasion of privacy must end. Whether it is by Rela officers snapping pictures of women held in custody, or by hotel staff trying to make a quick buck, or by the people in our lives breaching an agreement of trust. We have to make a loud and collective rejection of such practices.”

Echoing her, Lim stresses that what people do behind closed doors is their business, and politicians are no exception.

“The right to privacy is a fundamental human right for all. Society views “immoral” people are not fit to hold public office. But we in Malaysia have double standards and warped ideas about what is immoral. Will similar righteous fury be unleashed on the corrupt, inept and even criminal politicians?” she questions.

Sunday February 22, 2009
Need for tougher laws against invasion of privacy


PETALING JAYA: A picture may paint a thousand words but a photo can cause someone’s downfall.

With the advent of technology, everyone is at risk of being a victim and having his privacy invaded. Sadly, our laws are inadequate in dealing with these breaches of privacy.

Those who abuse the technology can get away with their crime easily and existing laws are too general or lenient, says the Malaysian Bar Council.

The law is so inadequate that the council has resorted to appealing to the public to take personal responsibility to delete information and materials that infringe on individual privacy to curb the crime.

“It is going to be a bigger problem as gadgets are evolving rapidly and growing more accessible, hence we need a specific law that can curb the crime,” said Sonya Liew, who is heading the initiative for privacy in the council’s Human Rights Committee.

Many past cases and the recent case involving Bukit Lanjan assemblyman Elizabeth Wong have proven how inadequate our laws are in protecting us from getting our privacy violated, she added.

“Currently, we don’t have a specific law to charge anyone taking a photo or videotaping someone in a compromising position. All the relevant sections under the Penal Code are related to the distribution and possession of the material,” Liew said.

Citing former Health Minister Datuk Seri Chua Soi Lek’s sex DVD case, she said the police were only able to nab those caught in possession of the video or distributing it.

“It was difficult for them to prove who installed the hidden camera at the hotel he stayed at and they could not take action against the hotel for trespassing as we have no privacy law,” she said.

Another case in point is the recent case in Johor where a man was fined only RM100 for taking a picture of a young girl urinating at a public toilet with his handphone camera.

Women, Family and Community Development Minister Datuk Seri Dr Ng Yen Yen conceded that the penalty was laughable and would not deter future offenders.

“I want a study of this case and I have sent instructions to my law officer and the ministry’s legal department. I think it is too minimal, and it should be reviewed to be appropriate with the times and the damage it can cause. It should be substantial enough to deter (future offenders), and a serious investigation should be done to get to the bottom of it. When I have the report, I will take it to the relevant authorities,” she added.

Liew said that unless there was an Act which recognises the right to privacy, it would be difficult to deal with the intrusion of privacy.

“There are snippets here and there that deal with privacy in the Penal Code and Minor Offences Act but we don’t have a comprehensive Act that deals specifically with privacy issues. So, this may be the right time to enact a privacy Act,” she said, adding that privacy was not even recognised in the Constitution.

Sunday February 22, 2009
Need for tougher laws against invasion of privacy


PETALING JAYA: A picture may paint a thousand words but a photo can cause someone’s downfall.

With the advent of technology, everyone is at risk of being a victim and having his privacy invaded. Sadly, our laws are inadequate in dealing with these breaches of privacy.

Those who abuse the technology can get away with their crime easily and existing laws are too general or lenient, says the Malaysian Bar Council.

The law is so inadequate that the council has resorted to appealing to the public to take personal responsibility to delete information and materials that infringe on individual privacy to curb the crime.

“It is going to be a bigger problem as gadgets are evolving rapidly and growing more accessible, hence we need a specific law that can curb the crime,” said Sonya Liew, who is heading the initiative for privacy in the council’s Human Rights Committee.

Many past cases and the recent case involving Bukit Lanjan assemblyman Elizabeth Wong have proven how inadequate our laws are in protecting us from getting our privacy violated, she added.

“Currently, we don’t have a specific law to charge anyone taking a photo or videotaping someone in a compromising position. All the relevant sections under the Penal Code are related to the distribution and possession of the material,” Liew said.

Citing former Health Minister Datuk Seri Chua Soi Lek’s sex DVD case, she said the police were only able to nab those caught in possession of the video or distributing it.

“It was difficult for them to prove who installed the hidden camera at the hotel he stayed at and they could not take action against the hotel for trespassing as we have no privacy law,” she said.

Another case in point is the recent case in Johor where a man was fined only RM100 for taking a picture of a young girl urinating at a public toilet with his handphone camera.

Women, Family and Community Development Minister Datuk Seri Dr Ng Yen Yen conceded that the penalty was laughable and would not deter future offenders.

“I want a study of this case and I have sent instructions to my law officer and the ministry’s legal department. I think it is too minimal, and it should be reviewed to be appropriate with the times and the damage it can cause. It should be substantial enough to deter (future offenders), and a serious investigation should be done to get to the bottom of it. When I have the report, I will take it to the relevant authorities,” she added.

Liew said that unless there was an Act which recognises the right to privacy, it would be difficult to deal with the intrusion of privacy.

“There are snippets here and there that deal with privacy in the Penal Code and Minor Offences Act but we don’t have a comprehensive Act that deals specifically with privacy issues. So, this may be the right time to enact a privacy Act,” she said, adding that privacy was not even recognised in the Constitution.

NST Online » Local News
2008/10/31
Shabery: No 'envelope journalism' here

KUALA LUMPUR: The standard of journalistic ethics in Malaysia is not as bad as many believe.
Information Minister Datuk Ahmad Shabery Cheek said yesterday the standard here was, in fact, better than in many other countries as there was no "envelope journalism" here.

"Even in countries that have greater press freedom, they practise envelope journalism where editors and journalists are given certain amounts of money for certain stories to be used on the front page or given prominent coverage," he said after launching World Development Information Day at Universiti Malaya yesterday.

"It (envelope journalism) is the norm in certain developing countries, including those which are said to have greater press freedom.

"We do not condone such corrupt practices.
"Their newspapers are free but corruption still prevails. They rank these countries with freer press freedom but when you look at the Transparency International report, corruption is still there in these countries."

However, Shabery did not want to name the countries he was referring to.

He said as far as he knew, the Malaysian media did not practice envelope journalism but were tightly controlled under the Printing Presses and Publications Act.

"Just because we have curbs on sexually-explicit materials like gay and lesbian rights or sensitive religious issues like caricatures on the Prophet, we have been unfairly attacked as having an oppressive media environment.

"We need to ensure that sensitive issues do not get out of hand and cause unnecessary social conflicts."

NST Online » Local News
2008/11/05
High-rise drama during khalwat raid

KOTA BARU: A 19-year-old youth threatened to jump off a two-storey building to escape arrest by state Islamic Religious Affairs Department officers during a khalwat raid at a budget hotel in Pengkalan Chepa, here yesterday.
A department spokesman said the youth and his partner refused to open the hotel room door after being ordered to do so by the raiding team at 9.15am.

He said after several warnings, the team heard the sound of something breaking in the room.

"We broke open the door and found a couple, fully clothed, hiding in the ceiling.

"We persuaded the girl to come down but her partner ran to the rooftop of the building," the spokesman said.
Three fire engines were rushed to the hotel after receiving a call from the department.

Fire and Rescue station chief Mahmad Fauzi Andullah said the large crowd below could have discouraged the youth from jumping.

After much cajoling by his mother, department officers and firemen, the youth came down from the building an hour later.

The youth and his 16-year-old girlfriend were detained.

NST Online » Local News
2008/11/05
Student: I was under his spell
By : M. Hamzah Jamaludin

KUANTAN: It was a nightmare for a second-year nursing degree student here when she was duped and almost abducted by an Indonesian construction worker who allegedly used a charm on her.
Amirah (not her real name) claimed that she was "deeply in love" with the 33-year-old Indonesian after he gave her a silver ring with sparkling stones.

"I could no longer think rationally and would agree to whatever he asked me to do.

"I even chastised my friends when they told me not to go out with him," said the 21-year-old from Johor.

Amirah met the Indonesian, Zainol, at a bus stop in Jalan Bukit Ubi here after her classes on Oct 11.
"Zainol was very friendly and he managed to coax me to give him my handphone number. I've never given my phone number to a stranger before," she said.

Both of them later boarded the same bus as Zainol was working at a construction site near Amirah's campus.

Zainol called Amirah the same night and they agreed to meet the next day.

Zainol would ask Amirah to sniff an ointment in a small green bottle whenever she complained of having headache.

Amirah said she could not stop thinking about Zainol after that and had given him cash, totalling RM700, throughout their courtship.

Zainol had also caressed her whenever they met and had asked her to follow him to Surabaya.

However, Amirah was lucky that she met an Indonesian woman near her campus on Oct 30, before Zainol could take her to Surabaya.

"The Indonesian woman exposed Zainol's background and his ability to trick women.

"She asked me to take off the silver ring as she claimed that I was under Zainol's spell.

"She also told me that he is married with two children."

Amirah lodged a police report the next day and with the help of the university security personnel, police managed to arrested Zainol.

However, to Amirah's surprise, Zainol was released from police custody.



Amirah said she lodged another police report on Monday after Zainol sent threatening text messages to her.

Police confirmed that two reports have been lodged by the student

Malaysian religious council issues ban on lesbian sex
24 Oct 2008, 0909 hrs IST, AFP

KUALA LUMPUR: One of Malaysia's highest Islamic bodies has banned females from dressing or behaving like men and engaging in lesbian sex, saying
it was forbidden by the religion.

The National Fatwa Council late Thursday issued its ruling following a two-day meeting that discussed recent cases of young women apparently behaving like men and exhibiting homosexual tendencies, state news agency Bernama reported.

Council chairman Abdul Shukor Husin told Bernama many young women admired the way men dress, behave and socialise, violating human nature and denying their femininity.

"It is unacceptable to see women who love the male lifestyle including dressing in the clothes men wear," Abdul Shukor was quoted as saying.

"(Masculine behaviour) becomes clearer when they start to have sex with someone of the same gender, that is woman and woman," he said.

"In view of this, the National Fatwa Council which met today have decided and taken the stand that such acts are forbidden and banned," he said.

Male homosexuality, considered against the order of nature, is illegal in Malaysia but lawyers say female homosexuality is technically permissible as there are no provisions for it under the law.

The Fatwa Council does not have jurisdiction in civil law, but the ruling appears to be an attempt to push female homosexuality towards illegality.

Islam is the official religion of Malaysia, where more than 60% of its 27m people are Muslim Malays who practice a conservative brand of the religion.

- The Times of India

http://dailyalochona.blogspot.com/2008/10/mukto-mona-malaysia-clerics-issue-edict.html

on the news around the world: fatwa on tomboy

FOXNEWS.COM HOME > WORLD
Islamic Clerics in Malaysia Ban Tomboys for Being 'Immoral'
Friday, October 24, 2008

KUALA LUMPUR, Malaysia — Malaysia's main body of Islamic clerics has issued an edict banning tomboys in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said Friday.

The National Fatwa Council forbade the practice of girls behaving or dressing like boys during a meeting Thursday in northern Malaysia, said Harussani Idris Zakaria, the mufti of northern Perak state, who attended the gathering.

Harussani said an increasing number of Malaysian girls behave like tomboys, and that some of them engage in homosexuality. Homosexuality is not explicitly banned in Malaysia, but it is effectively illegal under a law that prohibits sex acts "against the order of nature."

Harussani said the council's ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are immoral.

"It doesn't matter if it's a law or not. When it's wrong, it's wrong. It is a sin," Harussani told The Associated Press. "Tomboy (behavior) is forbidden in Islam."

Under the edict, girls are forbidden to sport short hair and dress, walk and act like boys, Harussani said. Boys should also not act like girls, he said.

"They must respect God. God created them as boys, they must behave like boys. God created them as girls, they must act like girls," he said.

Council chairman Abdul Shukor Husin said the ruling was prompted by recent cases of young women behaving like men and indulging in homosexuality, according to the national news agency Bernama. He did not elaborate.

Malaysian media have reported on recent incidents of school bullying among girls, which have been caught on film and circulated on the Internet. In one film, some girls are seen beating up another girl in a bathroom.

A well-known Malaysian Muslim actress caused an uproar last year when she shaved her head bald for a film. Harussani and other muftis urged Muslims not to watch the movie, arguing that the actress had violated Islam by making herself look like a man.

"Muallaf," or "the convert," is scheduled for release in Singapore next month, but no date has been set for its release in Malaysia.

Muslims make up some 60 percent of Malaysia's 27 million people, and are subject to Islamic laws and the council's edicts, even if the rulings have not been enshrined in national or Shariah law.

It was not immediately clear what kind of punishment awaited those who violate the tomboy edict, or "fatwa." Malays generally follow the council's "fatwas" out of deference, but violators rarely get into trouble unless the edict is incorporated into national or Shariah law.

Islamic clerics in Malaysia rule to ban tomboys

Malaysia's main body of Islamic clerics has issued an edict banning tomboys in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said Friday.
By JULIA ZAPPEI

Associated Press Writer
KUALA LUMPUR, Malaysia —

Malaysia's main body of Islamic clerics has issued an edict banning tomboys in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said Friday.

The National Fatwa Council forbade the practice of girls behaving or dressing like boys during a meeting Thursday in northern Malaysia, said Harussani Idris Zakaria, the mufti of northern Perak state, who attended the gathering.

Harussani said an increasing number of Malaysian girls behave like tomboys, and that some of them engage in homosexuality. Homosexuality is not explicitly banned in Malaysia, but it is effectively illegal under a law that prohibits sex acts "against the order of nature."

Harussani said the council's ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are immoral.

"It doesn't matter if it's a law or not. When it's wrong, it's wrong. It is a sin," Harussani told The Associated Press. "Tomboy (behavior) is forbidden in Islam."

Under the edict, girls are forbidden to sport short hair and dress, walk and act like boys, Harussani said. Boys should also not act like girls, he said.

"They must respect God. God created them as boys, they must behave like boys. God created them as girls, they must act like girls," he said.

Council chairman Abdul Shukor Husin said the ruling was prompted by recent cases of young women behaving like men and indulging in homosexuality, according to the national news agency Bernama. He did not elaborate.

Malaysian media have reported on recent incidents of school bullying among girls, which have been caught on film and circulated on the Internet. In one film, some girls are seen beating up another girl in a bathroom.

A well-known Malaysian Muslim actress caused an uproar last year when she shaved her head bald for a film. Harussani and other muftis urged Muslims not to watch the movie, arguing that the actress had violated Islam by making herself look like a man.

"Muallaf," or "the convert," is scheduled for release in Singapore next month, but no date has been set for its release in Malaysia.

Muslims make up some 60 percent of Malaysia's 27 million people, and are subject to Islamic laws and the council's edicts, even if the rulings have not been enshrined in national or Shariah law.

It was not immediately clear what kind of punishment awaited those who violate the tomboy edict, or "fatwa." Malays generally follow the council's "fatwas" out of deference, but violators rarely get into trouble unless the edict is incorporated into national or Shariah law.

Copyright © 2008 The Seattle Times Company

Malaysian clerics issue edict banning tomboys, lesbians
AP AND AFP, KUALA LUMPUR
Saturday, Oct 25, 2008, Page 1

“God created them as boys; they must behave like boys. God created them as girls; they must act like girls.”

— Harussani Idris Zakaria, mufti of Perak State
Malaysia’s main body of Islamic clerics has issued an edict banning tomboys in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said yesterday.

The National Fatwa Council forbade the practice of girls behaving or dressing like boys during a meeting on Thursday in northern Malaysia, said Harussani Idris Zakaria, the mufti of northern Perak State, who attended the gathering.

Harussani said an increasing number of Malaysian girls behave like tomboys and that some of them engage in homosexuality.

Council chairman Abdul Shukor Husin said that many young women admired the way men dress, behave and socialize, violating human nature and denying their femininity.

“It is unacceptable to see women who love the male lifestyle including dressing in the clothes men wear,” Abdul Shukor was quoted as saying by state news agency Bernama.

“[Masculine behavior] becomes clearer when they start to have sex with someone of the same gender, that is woman and woman,” he said.

Male homosexuality is illegal in Malaysia but lawyers say female homosexuality is technically permissible as there are no provisions for it under the law.

Harussani said the ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are immoral.

“It doesn’t matter if it’s a law or not. When it’s wrong, it’s wrong. It is a sin,” Harussani told reporters. “Tomboy [behavior] is forbidden in Islam.”

Under the edict, girls are forbidden to sport short hair and dress or walk and act like boys, Harussani said. Boys should also not act like girls, he said.

“They must respect God. God created them as boys; they must behave like boys. God created them as girls; they must act like girls,” he said.

Husin said the ruling was prompted by recent cases of young women behaving like men and indulging in homosexuality. He did not elaborate.

A well-known Malaysian Muslim actress caused an uproar last year when she shaved her head bald for a film. Harussani and other muftis urged Muslims not to watch the movie, arguing that the actress had violated Islam by making herself look like a man.

It was not immediately clear what kind of punishment awaited those who violate the tomboy fatwa, or edict. Malays generally follow the council’s fatwas out of deference, but violators rarely get into trouble unless the edict is incorporated into national or Shariah law.
This story has been viewed 686 times.

- Taipei Times

Malaysian clerics ban tomboys
4:15AM Saturday Oct 25, 2008

Malaysia's main body of Islamic clerics has issued an edict banning tomboys in the Muslim-majority country, ruling that girls who act like boys violate the tenets of Islam, an official said yesterday.

The National Fatwa Council forbade the practice of girls behaving or dressing like boys during a meeting on Thursday in northern Malaysia, said Harussani Idris Zakaria, the mufti of northern Perak state, who attended the gathering.

Harussani said an increasing number of Malaysian girls behave like tomboys, and that some of them engage in homosexuality. Homosexuality is not explicitly banned in Malaysia, but it is effectively illegal under a law that prohibits sex acts "against the order of nature".

Harussani said the council's ruling was not legally binding because it has not been passed into law, but that tomboys should be banned because their actions are immoral.

"It doesn't matter if it's a law or not. When it's wrong, it's wrong. It is a sin," Harussani said.

Under the edict, girls were forbidden to sport short hair and dress, walk and act like boys, Harussani said. Boys should also not act like girls, he said.

"They must respect God. God created them as boys, they must behave like boys. God created them as girls, they must act like girls," he said.

Muslims make up about 60 per cent of Malaysia's 27 million people, and are subject to Islamic laws and the council's edicts, even if the rulings have not been enshrined in national or Shariah law.

- AP

Fatwa on tomboys
Friday October 24, 2008

KOTA BARU: The National Fatwa Council has ruled that tomboyism, where a girl behaves or dresses in a boyish manner, is forbidden in Islam.

Its chairman Datuk Dr Abdul Shukor Husin said the decision was prompted by recent developments as there had been cases of young women inclined to behave like men and indulging in homosexuality.

Parents must stop their children from indulging in disruptive activities that are against Islamic teachings, he told reporters here yesterday. Bernama

Council ban lesbian sex
October 24 2008 at 11:36AM

Kuala Lumpur - One of Malaysia's highest Islamic bodies has banned females from dressing or behaving like men and engaging in lesbian sex, saying it was forbidden by the religion.

The National Fatwa Council late on Thursday issued its ruling following a two-day meeting that discussed recent cases of young women apparently behaving like men and exhibiting homosexual tendencies, state news agency Bernama reported.

Council chairperson Abdul Shukor Husin told Bernama many young women admired the way men dress, behave and socialise, violating human nature and denying their femininity.

"It is unacceptable to see women who love the male lifestyle including dressing in the clothes men wear," Abdul Shukor was quoted as saying.

"(Masculine behaviour) becomes clearer when they start to have sex with someone of the same gender, that is woman and woman," he said.

"In view of this, the National Fatwa Council which met today have decided and taken the stand that such acts are forbidden and banned," he said.

Male homosexuality, considered against the order of nature, is illegal in Malaysia but lawyers say female homosexuality is technically permissible as there are no provisions for it under the law.

The Fatwa Council does not have jurisdiction in civil law, but the ruling appears to be an attempt to push female homosexuality towards illegality.

Islam is the official religion of Malaysia, where more than 60 percent of its 27-million people are Muslim Malays who practice a conservative brand of the religion. - Sapa-AFP