JAIS is preparing to take action against the four Muslim girls who participated in the Miss Malaysia World 2013 beauty contest in contravention of an earlier fatwa banning Muslims from taking part in beauty pageants. I am writing to appeal to the department to desist from doing so.

Any action by the religious authorities to enforce this fatwa will end up in another controversy that will yet again embarass the Muslim community at large. I am not against the religious council issuing fatwas on any subject they deem fit, but as in the olden days, these fatwas are meant to be opinions of the learned jurists that are issued to guide the conduct of Muslims.

The fatwa should remain an opinion or a guide, as they were when Islam was at its pristine best. In those days Muslims either followed these guides voluntarily or they did not. But they also engaged with the ulama on many societal issues and as a result, these fatwas were sometimes modified based on the community’s feedback. No one was interested in punishing the recalcitrant or the wayward. They focused on finding the right path for the community, because Islam encourages questioning and thinking in search of the truth. The relationship between the community and its religious leaders then was therefore positive, constructive and dynamic.

We are obviously living in a very different era. Power is infectious: the politicians and the rich have it, as do the police and even the members of the underworld. So it’s not a surprise the ulama also want power, which is why they have created so many rules. This gives them the opportunity to enforce these rules, hence exhibiting power and command. But these attempts to flex their authority always fall flat.

Remember their decision to cane the Muslim girl in Pahang for the crime of drinking beer? Was that punishment ever executed? The difficulty with such action is that beer is available everywhere in the country. Some Muslim leaders also drink; not just beer either, but much stronger stuff. So when a young lady who was drinking with her husband was harshly treated, revulsion over the hypocrisy of the situation spread throughout the country. We got international headlines, but it was to show how backward we were in the eyes of the global community. “Backward” not because drinking is a progressive activity, but because selecting women and ordinary citizens to be punished as an example is hypocritical when the rich and famous get away scot-free.

So let’s say the four girls are prosecuted, which JAIS intends to do on the grounds that they had insulted Islam when they defended their right to take part in the beauty contest. This will be another case that will highlight the hypocrisy of our Muslim leaders. Women expose their bodies in sports and rich Muslim urbanites don’t cover their bodies as the authorities would like either; in fact, Datin Paduka Seri Rosmah Mansor herself is one such example (that’s why I like her: because she refuses to conform. She is also a pretty lady so why not show her beauty?)

The point is this: what action is taken against these powerful urbanites? Was the fatwa issued because it’s a beauty contest per se or because it exposes parts of a woman’s body? If it is the contest itself that is deemed to be dehumanising and immoral, what about bodybuilding contests for men? Will action be taken against them too? Of course not—that’s why any punishment for the four girls, if meted out, will prove the hypocrisy of our ulama. They believe women are weak and can be bullied. This will draw more international ire and condemnation. We will achieve very little by punishing the girls.

The solution is simple: JAIS and the moral and religious enforcers need to see things in a positive light. God’s greatest gift to humankind is the ability to savour and appreciate things of beauty and to admire their creation. Only humans can appreciate the sunset, the flowers in bloom, the melodic voice of the Quranic citation during the Tilawah Al Quraan, and many more. Animals cannot do the same because God only gifted that ability to us.

Why can’t these ulama see the beauty and the positive side of women, and not just think of sex? The grace of their walk, their well-proportioned bodies, their beautiful clothes and even their well-manicured hands and feet are all something to be appreciated and admired. Don’t we feel a sense of pride and achievement when we see Muslim girls do well in such contest?

Just the other day I heard some unkind remarks being made on TV about a Malay singer/musician who was not wearing the tudung. She is one of the most talented musicians in Los Angeles. If the ulama had been more positive, they would be proud of her God-given talent and her achievements instead of focusing on the tudung, which in itself says nothing about a person. I am not saying God will not be angry with these girls. He might even punish them. But let them decide for themselves. These people from JAIS should not be God’s bodyguards. They should remain as guides and nothing more.


*This statement was first published on Zaid Ibrahim's blog (http://www.zaid.my/)
All views are the writer's own and does not necessarily represents that of Astro AWANI.