KUALA LUMPUR – The Terengganu government has been urged to handle the ban on unisex salons with wisdom to prevent tarnishing the reputation of the Islamic religion.
National Dakwah Council chairman Datuk Mahmood Zuhdi Abd Majid said though the decision should be supported, the position of non-Muslim business owners who have suffered losses as a result of the prohibition must also be considered.
He said the Terengganu government should find a suitable solution or give flexibility to non-Muslim unisex salon operators based on individual circumstances.
“This is so that we are not antagonised by non-Muslims in implementing basic laws and Islamic culture in our society,” he told The Vibes’ Bahasa Malaysia sister publication, Getaran.
He explained that immediate implementation would be inappropriate in a country as culturally and religiously diverse as Malaysia.
“It’s like selling liquor among non-Muslims… as long as it is in separate locations. We just have to educate the Muslim community not to go to those premises,” he said.
He also said that the state government’s executive branch needs to use its wisdom in educating the community about the implementation of Islamic laws.
“So if we want to implement such a law, though it is ordered by Islam, we have to preface it first.
“We have to understand it well. In implementing Islamic law, we need a strong foundation.
“That’s why I would rather the issue of law enforcement not be handled by politicians.
“It needs to come from organisations or Islamic movements that really understand the issue,” he said.
Meanwhile, Shariah Lawyers Association of Malaysia president Musa Awang said that gender segregation rules in hairdressing and beauty shops need to be enforced for Muslims in the state.
He said that the rules were set under the license of the Terengganu local government, housing, health, and environment committee and not under the state’s shariah criminal enactment.
“If the rule is under the shariah enactment, the ban only applies to Muslims.
“However, if it’s under the local government or local authority, it applies to non-Muslims as well,” he added.
He said that the state government should consult non-Muslim communities before enforcing the prohibition.
Penang mufti, Datuk Seri Wan Salim Wan Mohd Nor said that he believes gender segregation rules in all relevant premises in Terengganu are based on “maslahat” (“convenience”).
He explained that although in this context, the ban is not binding on non-Muslims, in general, the government has the right to make Islamic law the law of the land if it is beneficial for all the people.
“For example, in Saudi Arabia, hudud law was originally an Islamic law, so it does not bind non-Muslims.
“But the country’s government made hudud laws their country’s laws… so everyone has to respect it,” he said.
Wan Salim said the Terengganu government considers the interests of the people first more than the interests of minorities.
“In Islam, there are limits for women and men. For me, the separation of hair salons according to gender should be done,” he added.
Muslim Women Consultative Council Malaysia former chairman, Prof Datuk Noor Aziah Mohd Awal, said that the rule is not based on Islamic law.
Instead, it is set by local authorities when approving business licences in the state.
She added that the state government has the right to implement the regulation as long as it does not conflict with the federal constitution.
However, she said the implementation of the regulation is seen to benefit the residents of Terengganu.
“From a better point of view, male hairdressers for men and female hairdressers for women are better.”
“It can avoid incidents like sexual harassment. The law does not discriminate against anyone,” she said.
Furthermore, she disagreed with the possibility of leniency being granted to non-Muslim operators of unisex hair salons in the state.
“If there is an exception for non-Muslim entrepreneurs, they may be fined for accepting Muslim customers, and Muslims who go there will also be fined. That’s even more unfair.
“During (Tok Guru) Nik Abdul Aziz bin Nik Mat’s period, Kelantan had separate counters for men and women in supermarkets. Women had to wear a hijab and modest clothing.
“The rule is still implemented, even though many people disagree,” she said.
Hair salon owners in Terengganu who flout the gender segregation licensing law will be fined between RM500 and RM1,000.
The state local government, housing, health, and environment committee chairman, Datuk Alias Razak, said that gender segregation in all premises is not a new rule but is already outlined in the licence conditions.
According to him, hairdressing and beauty shop operators who default can also have their licences revoked.
He said that the rule is not only enforced on premises run by Muslims but also on businesses run by non-Muslim entrepreneurs in the state. – The Vibes, December 4, 2022
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