MALAYSIA: HIGH COURT QUASHES BAN ON BOOK ON MUSLIM WOMEN

KUALA LUMPUR, Jan 25 (Bernama) -- The High Court here Monday quashed a ban
by the Home Ministry on the book, "Muslim Women and the Challenge of Islamic
Extremism", in a judicial review sought by the non-governmental organisation,
Sisters in Islam (SIS).

Justice Mohamad Ariff Md Yusof held that the circulation of the book was
not
prejudicial to public order as only seven of the 215 pages of the book were said
to have offended the Malaysian Islamic Development (JAKIM) guidelines.

He said the Home Minister had acted illegally and irrationally in banning
the book on July 31, 2008, after it was in circulation for more than two years.

"The book had been in circulation since 2005 but was only banned in 2008,"
said Justice Mohamad Ariff.

There was not evidence to show that it was prejudicial to public order, he
said, adding that the written grounds of judgment would be made available in due
course.


He said some people might not agree with what was stated in the book but it
was to be expected in an academic text, which the book was, but to conclude that
it could create public disorder was something that could not stand.

Therefore, he said, he found an error of law in the minister's decision when
he made the order to ban the book.

The judge also ordered the Home Minister to pay costs, to be assessed later,
to SIS.

SIS, in its application for a judicial review filed on Dec 15, 2008, named
the then Home Minister, Syed Hamid Albar, as the respondent, claiming
that the ban on the book was outside the ambit of the Printing Presses and
Publications Act 1984 and contravened Articles 8(2), 10(1)(a) and 11(4) of the
Federal Constitution.

The book is a collection of essays by activists and international
intellectuals which was edited by sociologist Prof Norani Othman of the
Malaysian and International Studies Institute, National University of Malaysia
(Universiti Kebangsaan Malaysia).


The book was banned on grounds that it was inclined towards confusing the
Muslim community, particularly women, and an attempt to interpret statements
about Islam causing "prejudicial to public order".

SIS was represented by counsel Malik Imtiaz Sarwar and K.Shanmuga while
senior federal counsel Noor Hishamuddin Ismail appeared for the Home Minister.

Noor Hishamuddin said he would seek instruction on whether or not to file an
appeal.

In an immedate reaction, Noraini said she was overjoyed with the ruling as
it was good for academic freedom.

She said the book did not touch on the principles of Islam but on Islamic
family law and Syariah criminal law.