KUALA LUMPUR, Dec 8 ― Malays should stand up for their rights against “vague” khalwat laws that allow Islamic religious officers to conduct raids that breach their privacy, former minister Datuk Zaid Ibrahim said today.
The one-time de facto law minister claimed that the Islamic law that penalises close proximity between Muslim couples of opposite genders has been abused by religious enforcers to collect large amounts in fine from couples involved would rather pay up than get embroiled in the lengthy process of the Shariah courts.
“If Malays want to protect their dignity from being abused by sex enforcers, they should unite and oppose khalwat law. It’s vague, arbitrary and subject to abuse.
“Malays need to drop their misplaced feeling of shame and then mount a legal challenge. They should tell the religious department to stop harassing couples,” he wrote in his blog.
The former Kota Baru MP also said Islamic religious officers should use their energy and resources on more important matters, such as the cleanliness of toilets in mosques or going after leaders who give logging rights to “rich towkays” at the expense of the Orang Asli community.
“Instead of feeling shame for such things, it would be better for Malays to contest the constitutionality of the offence of khalwat itself. The definition of khalwat is vague and enforcing it violates privacy, which is an important legal principle in law. Malays must fight for their rights.
“They are only human like everybody else, so they will commit the odd sin here and there. But must all sins be a crime in this country?” Zaid asked.
He was referring to reports of a police officer who died yesterday while fleeing a vice raid by religious enforcers from the Selangor Islamic Religious Department (Jais) and another auxiliary policeman who was injured in a separate raid.
The conduct and lawfulness of Jais’ raids against the offence of khalwat has been in the spotlight following several dubious break-ins and arrests in the past few years.
Just April this year, actress Faye Kusairi became the victim of false accusation of khalwat, after Jais officer broke into her family duplex condominium in the wee hours of morning. She was not even home at that time.
As of September this year, internal probe by Jais decided that its officers did not breach any standard operating procedures, a volte-face from its previous stance. Faye will now proceed with a civil suit against the religious enforcers.
