Western Resistance

« Pakistan: Muslim Teacher Blows Himself Up In Class | | Thailand: Poisoning Threats In Muslim South Dismissed »

July 12, 2006

Malaysia: School's Muslim Turban Ban Upheld

News from Malaysia Daily Star, the New Straits Times and Bernama news agency states that the Federal Court has dismissed the appeals of three pupils, who were expelled from school for refusing to remove their turbans (called "serban" in Malay).

Three judges led by the Court of Appeal President, Tan Sri Abdul Malek Ahmad, unanimously ruled that the pupil's argument that "Mohammed did it" did not cover all aspects of life, or constitute a legal or religious obligation.

In a written judgement, Justice Abdul Hamid Mohamed stated: "As far as I can ascertain, the Al-Quran makes no mention about the wearing of turban. I accept that the Prophet wore a turban. But he also rode a camel, built his house and mosque with clay walls and roof of leaves of date palms and brushed his teeth with the twig of a plant."

"Does that make riding a camel a more pious deed than travelling in an aeroplane? Is it preferable to build houses and mosques using the same materials used by the Prophet and the same architecture adopted by him during his time?"

"The question is whether the wearing of turban by boys of the age of the appellants is a practice of the religion of Islam. Islam is not about turban and beard. The pagan Arabs, including Abu Jahl, wore turbans and kept beards. It was quite natural for the Prophet, born into the community and grew up in it, to do the same."

He noted that turbans were specifically Arab items of dress: "Indeed, anybody who goes to Mecca will immediately realise that a piece of cloth, by whatever name it is called, to cover his head and face from the heat, the dryness and the dust, is most useful. Nowadays, the turbans, distinguished by their designs and the way they are tied or worn, symbolise the nationality of the persons wearing them, for example, whether they are Saudis, Sudanese, Afghans, Omanis etc. The turban has become part of the national dress of these countries."

"It is interesting to note that, even now, very few of our muftis and hardly any Syariah Court judges wear the turban," he wrote.

Nine years ago, on November 10, 1997, the three appellants were expelled from Sekolah Kebangsaan Felda Serting school in Negri Sembilan. At the time, the three pupils were aged under 11.

Immediately after the expulsions, their father and guardian, Syed Ahmad Johari Syed Mohamed, had filed a complaint, naming the boys' then headmistress, Fatimah Sihi, the secretary-general of the Education Ministry and the federal government as respondents.

On August 6, 1999 a High Court judge in Seremban, Mohamed Noor Abdullah, nullified the expulsion order, saying that Ms Fatimah Sihi did not have any authority to expel them, despite being headmistress of the school. The ruling in turn was set aside by the Court of Appeal on November 22, 2004.

The boys and their father then appealed this decision to the Federal Court, the highest judicial body in the land.

In his written judgement, Justice Abdul Hamid Mohamed noted that the issue before the court pertained to whether or not the School Regulations 1997, which forbid the wearing of a turban during school sessions, was in breach of Article 11 of the country's Constitution. This states that citizens have the right to profess and practise any religion they choose.

Abdul Hamid wrote that: "I'm of the view that whether a practice is or is not an integral part of a religion is not the only factor that should be considered."

He said that the court should weigh the importance of the practice within the religion, and if it was an integral part of a faith, it would have legal substance.

He stated: "Prohibition of a practice which is "wajib" (mandatory) should definitely be viewed more seriously than the prohibition of what is sunat (commendable). Even if we were to accept the view that wearing turban is commendable, it certainly does not rank on the same level as "sunat prayers", as the learned counsel for appellants had tried to convince the court when the question was put to him by me."

"The students are not allowed to wear the turban as part of the school uniform. They are not prevented from wearing the turban at other times. Even in school they would not be prevented from wearing the turban when they perform, say, their "zohor" prayer in the prayer room."

"Should they be allowed to wear the "jubah" (robe) when playing football because it was the practice of the Prophet to wear the jubah? Certainly, there is a place for everything."

He advised that there was no rule preventing the pupils from attending another school such as a pondok, an Islamic seminary.

Abdul Hamid continued: "We cannot ignore the educational system that had helped to mould the minds of Malaysian boys and girls to grow up as Malaysians. Our educationists should be given some respect and credit when they formulate some regulations applicable in their schools for the general good of all the students, the society and the nation.'

"Look at these three appellants. During their formative years, when they should be observing school discipline, respecting their teachers, they were made to spend those years being different from other students, disregard the school regulations, disobey the teachers, rebel against the authorities, just because Syed Ahmad, described by the learned trial judge as "angkuh" (arrogant) wanted the three appellants to wear the turban to school because the turban is his family's emblem."

"Considering all these factors, in my judgment, the School Regulations 1997 do not contravene the provision of Article 11(1) of the Constitution and therefore is not unconstitutional," he concluded.

Two of the former pupils are pictured above. Wearing the blue shirt is Syed Abdullah Khaliq Aslamay Syed Ahmad Johari, who was aged 9 at the time of his expulsion, and in the black turban and white jubah is Syed Ahmad Syakur, who was aged 8. The other brother is Meor Atiquirahman Ishak, who was aged 8.

The boys' father, 48-year old Syed Ahmad Johari Syed Mohamed, also wears a turban and jubah, and is a teacher in a public school. After the court's ruling, he said that he would be considering taking the mater to the Syariah Courts, the Islamic courts.

He said that he had only discovered the school's regulations a year after the boys had been enrolled. He stated: "Although it is a defeat for me, it is a victory for Islam because this issue has been brought to the highest court of the land. At least, the public would be aware of it."

This man, who is criticised for manipulating his sons' education and lack of respect for Malaysian law in Abdul Hamid's ruling, has six sons in all, ranging in age from nine to 18. All the sons involved in the appeal and their father came to court wearing their full "Islamic" regalia of jubah and serban.

Posted by Giraldus Cambrensis at July 12, 2006 11:11 PM

Comments

Post a comment