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Malaysian Minister of Housing and Local Government of Nga Kor Ming said he disagrees with the Kota Bharu Municipal Council's (MPKB) decision to fine a woman in Kelantan for wearing shorts.

According to him, the fine violates Malaysia's federal constitutional rights to personal freedom, MalaysiaKini reported.

Do not abuse authority

Nga urged the MPKB not to abuse their authority and abide by the federal constitution as Malaysia is a "country of various races and religions".

He stressed that the 35-year-old boutique owner is a non-Muslim shopkeeper staying within her own premises, so it is her right to wear shorts.

He urged all city councils "to not be so enthusiastic in issuing summons and try to reach a compromise or at least educate them (individuals) beforehand."

Nga also asked the MPKB and the state government, the opposition Parti Islam Se-Malaysia (PAS), to retract the fine.

Compound notice

On Jun. 25, a 35-year-old woman in Kelantan, Malaysia, was issued a compound notice for wearing shorts in her own shop during a check by the MPKB.

The notice read:

"Non-Muslim business owner dressed inappropriately in t-shirt and short shorts."

When contacted by local media, MPKB's president Rosnazli Amin said the woman had committed an offence under section 34(2)(b) of the Malaysian Business and Industrial Trade By-Laws 2019.

According to Sin Chew Daily, the by-law states that non-Muslim business owners and their non-Muslim employees must wear "decent" clothes within the premises, although without specifying what constitutes decent clothing.

"Void and unlawful"

Bersatu Legal and Constitution Bureau deputy chairman Sasha Lyna Latif criticised the compound fine, saying that MPKB has no power to regulate clothing or morality, New Straits Times reported.

She said Section 34(2)(b) of the council's by-laws exceeds the powers given to the council under Section 102 of the Local Government Act 1976 to make by-laws.

Section 102 only allows the council to make by-laws for health, safety and well-being, but nothing about clothing or morality, according to Sasha.

"Whereas the clothing of Muslims can be regulated by Syariah enactments, the local authority cannot do so. Hence, the summons issued to the non-Muslim woman business owner is void and unlawful," Sasha said in a statement, as quoted by NST.

As a member of Bersatu, Sasha campaigned under the same coalition banner of PAS in the recent general election. Bersatu and PAS are allies under the Perikatan Nasional coalition.

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Top image via Nga Kor Ming/Facebook and The Malaysia Insight.