KUALA LUMPUR: Sisters in Islam (SIS), an NGO that champions the rights of women in Islam, is in the eye of a brewing storm that is sure to have a significant impact on Muslim society, liberal public opinion and moderate Islam as a whole.
The Selangor Islamic Religious Council (Mais) issued a fatwa declaring SIS as well as any other organisation that promotes “religious liberalism and pluralism,” as deviating from the teachings of Islam.
According to the fatwa, publications that are deemed to promote “liberal and pluralistic religious thinking” are to be declared unlawful and confiscated, while social media is also to be monitored and restricted.
As fatwas are legally binding in Malaysia, SIS decided to legally challenge it on constitutional grounds by way of a judicial review.
The fatwa was gazetted on July 31 and SIS filed its judicial review on Oct 31, three months later.
A lot is at stake in the judicial review action.
For one, contravening a fatwa is an offence under Section 13 of the Syariah Criminal Offences (Selangor) Enactment 1995, and is punishable by a fine up to RM3,000, up to two years imprisonment, or both.
For another, the two concepts – liberalism and pluralism – are bedrocks of modern society, are widely believed to be sacred in some societies and form the foundations of such organisations like the United Nations, of which Malaysia is a member.
But in traditional Islamic societies the two overly-used terms, when extended to religion, have unfortunately acquired unsavoury connotations.
Religious liberalism usually means a liberal interpretation of religious laws or edicts and SIS as the only liberal Islamic organisation of any import in the country, is usually in the sight of Islamic authorities.
These authorities are conservative while SIS is a liberal organisation that is committed to promoting women within the frameworks of Islam and universal human rights.
Universal human rights is another term that is often not accepted by conservative Islamic authorities.
SIS’ efforts to promote the rights of Muslim women are based on the principles of equality, justice and freedom, which SIS believes is enjoined by the Quran.
SIS’ advocacy work often challenges laws and policies made in the name of Islam that discriminate against women and this often brings it into conflict with the Islamic authorities and sees it at loggerheads with political parties, like PAS.
It tackles issues covered under Islamic family and Syariah law such as polygamy, child marriage, moral policing, Islamic legal theory and jurisprudence, wearing of the hijab, which SIS says is up to the individual, Hudud and violence against women.
In all these issues it often goes against Islamic authorities and others like PAS although in the case of the Selangor fatwa, some PAS MPs have sided with SIS, saying Mais may have overreached by issuing the fatwa.
The liberalism that SIS espouses is something that is inherent. It comes with upbringing, education and learning that is outside of schools and universities.
Religious pluralism on the other hand accepts and agrees that there are other religions too on planet earth, and that to live in peacefully co-existence with each other, one has to accept that all religions are pathways to the truth.
Islamic authorities on the other hand are increasingly insistent that truth is only found in Islam and a Muslim accepts that as an intrinsic act of his faith.
The action against SIS therefore impacts larger issues of faith to Muslims and even by extension to non-Muslims because Islamic authorities are acting legally against a liberal Muslim NGO that espouses a pluralistic approach to religion.
The SIS challenge sets the stage for a battle between Islamic religious authorities and the only major court system we have in place – a secular system that is based on English common law.
The minor system is the Syariah court system.
There have been other challenges for SIS before but this fatwa seems to be the most significant because it hits at the core of who and what SIS is.
The ideas of liberalism and pluralism are so interwoven in our own constitution and our own society, that it is impossible to isolate them from the rest of our constitution.
What can a plural society like ours offer the world, if not pluralism in thought and practice.
Islamic authorities should respect divergent views because that is the only way a matured consensus could emerge, otherwise it is just a consensus ordered by a higher authority.
