Calls grow for Syariah-compliant attire for Muslim women in detention

KUALA LUMPUR - The government has been urged to immediately review and improve dress codes for inmates in lock-ups and prisons, including the provision of Syariah-compliant attire for Muslim women in detention.

Senior lecturer at the Faculty of Human Ecology, Universiti Putra Malaysia, Dr Mohammad Nidzam Abdul Kadir, said the matter warrants urgent attention, as covering one's aurat is a religious obligation for Muslims.

The Islamic Fiqh, Maqasid Syariah and Ethnic Relations expert said it was particularly concerning when individuals who ordinarily observe proper Islamic dress are unable to do so while in detention.

"It would be appropriate for the relevant authorities to consult religious bodies such as the Department of Islamic Development Malaysia (Jakim) and the Federal Territories Mufti Department for recommendations on improving current practices," he told Bernama today.

Associate Professor Dr Mohd Hapiz Mahaiyadin of the Academy of Contemporary Islamic Studies at Universiti Teknologi MARA (UiTM) stressed that a person does not lose their dignity simply because they are under investigation or in custody.

He said detention procedures should be designed with due regard for religious sensitivities and human dignity, rather than focusing solely on administrative convenience.

In this regard, he proposed that the management of women’s lock-ups and detention facilities be enhanced to better reflect religious requirements and humanitarian considerations.

Among his recommendations was the appointment of qualified female officers with expertise in Syariah to serve as part of lock-up personnel or as advisers, ensuring procedures, particularly those involving the protection of aurat, comply with Islamic requirements.

He also called for stronger training for law enforcement personnel in religious sensitivity, human rights and ethical handling of female detainees, so that officers act with greater professionalism and care.

President of the Malaysian Islamic Youth Movement (ABIM), Ahmad Fahmi Mohd Samsudin, likewise urged the immediate implementation of interim measures while a comprehensive review is undertaken.

He said the obligation to cover the aurat is a fundamental tenet of Islam, while freedom of religion is guaranteed under the Federal Constitution.

"Failure to uphold these principles, even in detention, risks undermining public confidence in the fairness and humanity of our justice system," he said.

Ahmad Fahmi added that the review of standard operating procedures must be carried out thoroughly, within a clear timeframe, and monitored transparently to ensure meaningful implementation.

He said practical solutions, such as providing Syariah-compliant attire and establishing specific guidelines for Muslim female detainees, could be implemented without compromising security.

Meanwhile, the Commissioner of the Human Rights Commission of Malaysia, Datuk Ahmad Azam Ab Rahman, said the commission stands ready to facilitate engagement sessions with relevant stakeholders to develop the most appropriate procedures regarding detainees’ attire.

"Regardless of whether an individual has been convicted, is awaiting trial, or is being held in detention, their fundamental rights must be respected.

"In the case of Muslim women, they should be allowed to dress in accordance with their religious obligations," he said.

The issue recently came under public scrutiny following concerns over the attire worn by a female teacher during her remand, which some claimed did not adequately cover her aurat.

Deputy Minister in the Prime Minister’s Department (Religious Affairs), Marhamah Rosli, has since said the matter will be discussed with the relevant ministries to ensure the aurat of Muslim women in detention is properly protected. - BERNAMA