KUALA LUMPUR: The compound fine issued by the Kota Baru Municipal Council (MPKB) to a non-muslim Kelantanese woman for wearing indecent clothing should be considered void as it is unlawful.
Bersatu Legal and Constitution Bureau deputy chairman Sasha Lyna Latif said the council had no power to regulate clothing or morality.
She said Section 34(2)(b) of the council's by-laws exceeds the powers given to the council under Section 102 of the Local Government Act 1976 to make by-laws.
"Section 102 only permits the council to make by-laws for 'health, safety and well-being'. No power is granted to regulate clothing or morality.
"Whereas the clothing of Muslims can be regulated by Syariah enactments, the local authority cannot do so. Hence, the summons issued to the non-Muslim woman business owner is void and unlawful," she said in a statement.
The 35-year-old woman who runs a clothing business was issued the compound fine for wearing shorts in a public place.
MPKB president Rosnazli Amin said the woman was found to have committed an offence under Section 34(2)(b) of the council's Business and Industrial Trade By-Laws 2019.
Sasha said the best course of action for MPKB is to retract the compound and suspend Section 34(2)(b) pending review by the state authorities or exco.
She added that the issuance of the compound fine does not appear to be defensible as the clarity of the offence remains a blur.
"The standard imposed upon Muslim women which is to cover the 'aurat' cannot be imposed upon non-Muslims.
"The word 'sopan' (decent) in Section 34(2)(b) is vague and open to manifold interpretation. It is unfair to subject the woman to a fine when the definition of the offence is unclear."
Sasha said the compound issued can be perceived to be unjust as it appears to be targeting women exclusively.
"In any event, whether her clothes were indecent or not is a subjective matter. To establish that the clothes were 'indecent' would surely require some degree of indecency which is more than just being clad in a t-shirt and shorts, an example being partial nudity.
"It is hence unnecessary and is liable to create mistrust among our fellow Malaysians of all races and religions," she said.