Non-Muslim Malaysian woman fined for wearing shorts in Kelantan

A non-Muslim woman in Malaysia was fined for wearing shorts in the east coast state of Kelantan, causing a storm on social media and prompting a federal minister to urge the local authority to cancel the fine.

The unnamed 35-year-old woman, who was clad in an oversized pink T-shirt and shorts, was issued the fine by the Kota Bharu Municipal Council (MPKB) on Sunday for “indecent attire”.

The woman, who owns a clothing store in the state capital Kota Bharu, was found “wearing shorts in public places” by the council’s enforcement officers, said MPKB president Rosnazli Amin.

She was fined under Section 34(2)(b) of MPKB’s Business and Industrial Trade By-Laws 2019.

The provision states that Muslim and non-Muslim business owners have to ensure they are dressed decently while at work, and this applies to the employees as well.

The woman has been given seven days from Sunday to pay the fine or face legal action. The fine amount was not stated.

Pictures of the woman holding the paper document of her fine went viral on social media, sparking outrage among netizens who expressed fears that non-Muslims were being subjected to Muslim standards, despite being told otherwise over the years.

In the viral pictures, the woman was wearing a black T-shirt and blue shorts, which was different from what she was wearing while being issued the fine.

Kelantan Deputy Menteri Besar Mohd Amar Nik Abdullah said the action taken against the woman was under the local by-laws and not the state’s syariah laws.

Datuk Mohd Amar said all the local authorities have their own by-laws, and the MPKB had acted against both Muslims and non-Muslims previously over similar offences.

Federal Minister for Local Government Development, Mr Nga Kor Ming, has urged the council to retract the fine, saying that their action had infringed on the woman’s constitutionally guaranteed freedoms.

“This is a non-Muslim shopkeeper in her own premises so it is her right to wear what she wants,” news portal Malaysiakini quoted Mr Nga as saying. “These are fundamental rights and freedoms which are guaranteed in the Federal Constitution.”

Kelantan’s Federation of Chinese Associations president Oie Poh Choon urged female business owners to dress modestly, but he said the council should have issued a verbal warning to the woman first.

“Kelantan is under an Islamic government,” he said, referring to the Parti Islam SeMalaysia (PAS) state government. “Although (non-Muslims) have freedoms, there should be mutual respect for different cultures and traditions,” he told Chinese newspaper Nanyang Siang Pau.

The pro-Malay opposition Parti Pribumi Bersatu Malaysia (Bersatu) also disagreed with MPKB’s move, with its legal and constitution bureau deputy chairman Sasha Lyna Latif saying the council had no power to regulate clothing or morality.

“The standard imposed upon Muslim women, which is to cover the ‘aurat’, cannot be imposed upon non-Muslims,” she said, referring to the parts of the body required to be clothed in Islam.

“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.”

Meanwhile, the Democratic Action Party (DAP) has offered free legal support to the woman, adding that it will help take up the case if she decides to sue the council.

Amid the brouhaha, the woman’s adopted father, Mr Sunny See Yeap Seng, said he may pay her fine so the issue could be settled immediately. “I do not wish for it to cause discord among the people... If the fine is less than RM500 (S$145), I may resolve it shortly,” the businessman told English daily New Straits Times.

On June 28, Mr See paid the RM50 fine (S$15) on the woman’s behalf at the Kota Baru Municipal Council office, reported The Star.

The news report on July 3 said that Mr See had called for the matter to be laid to rest, as he had already paid the fine.

Mr See said he did not want to prolong the issue as he is a born-and-bred Kelantanese who respects the way of life in the Muslim-majority state.

However, he regrets that the incident is being used by parties to gain political leverage for the coming state elections.