The Kota Baru Municipal Council (MPKB) has followed the rules by fining a non-Muslim woman for wearing shorts in public, Kelantan deputy menteri besar Datuk Mohd Amar Nik Abdullah said.
He said the action was taken under the council’s by-laws and not under the Kelantan Syariah Criminal Code (I) Enactment 2019.
Mohd Amar said all local authorities have their own by-laws and it was no different in Kelantan.
“MPKB has been active in carrying out operations and enforcing its bylaws.
“The officers took action against the non-Muslim woman as they found she had breached the rules by wearing indecent clothing.
“MPKB will take action against all regardless if they are Malay or not,” he said, adding the council had also acted against Malays for similar offences.
Mohd Amar said the blanket enforcement showed there was no discrimination in enforcing rules in the state.
It was reported that a 35-year-old woman, who runs a clothing business, was issued a compound notice while she was in her shop during checks by MPKB enforcement officers.
Council president Rosnazli Amin, who confirmed the case, said the officers had gone to the outlet in Jalan Merbau, Kota Baru about 11am yesterday and the non-Muslim woman was found to have been wearing shorts in public places.
Rosnazli added that the woman was found to have committed the offence under 34(2)(b) Business and Industrial Trade By-Laws 2019.
It is learnt that the woman has been given seven days from the date of notice to settle the compound or face legal action.
A relative of the woman had uploaded the compound notice on social media yesterday, sparking outrage among netizens.
Meanwhile, Bersatu leader Sasha Lyna Abdul Latif said the standard for Muslim women to cover the “aurat” cannot be imposed upon non-Muslims.
The Parti Pribumi Bersatu Malaysia Legal and Constitution Bureau deputy chairman said whether a woman’s clothes were indecent or not was a subjective matter.
“To establish that clothes were ‘indecent’ would surely require some degree of indecency which is more than just being clad in a T-shirt and shorts, for example, partial nudity,” she said in a statement on Monday (June 26).
She said this was clearly not the case for a non-Muslim businesswoman in Kelantan who was issued a compound notice by the Kota Baru Municipal Council for “indecent dressing” despite being inside her business premises.
“It is unnecessary and liable to create mistrust among fellow Malaysians of all races and religions.
“It can also be perceived to be unjust as it appears to be targeting women exclusively,” she said.
The woman said she had been selling women’s clothes at the shop for the past two years, adding that this was the first time she was issued a compound notice.
To this, Sasha Lyna said Section 34(2)(b) was void, as it exceeded 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 pertaining to ‘health, safety and well-being’.
“No power is granted to regulate clothing or morality,” she said, adding that the council’s actions were regrettable as it was misguided and unlawful.
Explaining, she said while the clothing of Muslims could be regulated by Syariah enactments, the local authorities could not do so.
“The best course for the Kota Baru Municipal Council would be to cancel the summons and suspend operations of Section 34(2(b) pending review by the state authorities or exco.
“The word ‘sopan’ in the same section is vague and open to manifold interpretation,” she said.
“It is unfair to subject the woman to a fine when the definition of the offence is unclear,” she added.