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Wednesday, January 14, 2015

What about Muslim couples who hold hands or ride motor bikes - SIS warns Jawi not to probe Malay girls cuddled by K-pop stars

What about Muslim couples who hold hands or ride motor bikes - SIS warns Jawi not to probe Malay girls cuddled by K-pop stars
KUALA LUMPUR - Islamic non-governmental organisation (NGO) Sisters in Islam (SIS) has warned the Federal Territory Islamic Religious Department (Jawi) about its investigation into the three tudung-clad fans.
The fans had been touched, hugged and kissed by K-pop band B1A4 members during a concert on Saturday.
In a statement by SIS today, its programme director Suri Kempe said while Jawi could investigate the women under Section 29 of the Syariah Criminal Offences Act (FT) 1977, the law under the act was “unduly broad” and could potentially be open to abuse.
“Section 29 of the Syariah Criminal Offences Act makes it a criminal offence for ‘any person who contrary to Islamic Law, acts or behaves in an indecent manner in any public place….’” Suri said in a statement today.
“This provision is unduly broad and opens itself up to abuse because it can be widely interpreted to apply to any behaviour that the religious authorities deem indecent, apparently even retrospectively.”
As such, Suri believed that Jawi’s handling of the issue could also reinforce the perception that syariah law was selectively and arbitrarily applied and enforced.
“If Jawi holds that re-enacting a scene from a Korean drama with a band member as indecent, what about actors who play roles that require physical contact, or Muslim couples who hold hands in public, or those riding motorcycles?
“Where does it stop? Will Jawi launch investigations into each of these cases, too, or pick and choose the cases to investigate based on viral videos?”
Suri also reminded the department that the provision to punish indecency under Section 29 could amount to an unconstitutional trespass on federal powers.
“The Federal Constitution’s Ninth Schedule, List II, item 1, provides that state assemblies have jurisdiction over the ‘…creation and punishment of offences by persons professing the religion of Islam … except with regard to matters included in the federal list’.
“As such, Section 294A of the Penal Code could conceivably cover the offence of indecency, as set out in the Syariah Criminal Offences laws.”
Should the authorities choose to pursue the case in the civil courts, Suri added the overlapping of jurisdictions could lead to instances of double jeopardy.
This, she said, violated legal and constitutional principles that no person could be punished twice for the same offence under Article 7(2) of the Federal Constitution.
A three-minute 20-second video uploaded by Sukan Star TV, titled “Malay girls molested on stage by a K-Pop artiste yesterday”, saw a K-pop star hugging one girl from behind across the chest.
When the girl turned around to face the star, she hugged him again voluntarily and briefly.
After the artiste hugged the other girls who came on stage, they responded and hugged them back.
The video had triggered much backlash, including by Jawi director Paimuzi Yahya, who had said the actions of the women and band members went overboard, were against Islamic teachings and offended the sensitivities of the Muslim community.
The organiser, TGM Events, said as a company run primarily by women, it did not and would never condone molestation or sexual harassment as alleged.
The company said that while it was not a standard protocol for K-pop artistes to get up close and personal with fans, this was a special meet-the-fans event and the programme was tailored towards fan engagement and interaction. - http://www.therakyatpost.com/

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