While great minds the world over are pondering issues of the next millennium in Selangor the Religious Department has started enforcing laws on indecent dressing by Muslims. The Selangor Islamic Criminal Enactment 1 995 provides that "those found intentionally behaving or acting indecently in any public place are guilty and are liable to pay a maximum fine of RM 1 1 ,000 or be jailed six months, or both".

The interpretation of indecency covers dresses which cling to the body, bikinis, leotards, low-cut blouses, highslit skirts and brief outfits which expose a large part of the legs. A department official was quoted to have said that in enforcing the law the department will take into account the rules of the Syariah and Eastern values and culture.

With the Islamic Renaissance in Malaysia, such laws are to be expected and perhaps with increasing concern over social ills one can expect more of such legislation to be strictly enforced.

As a Muslim and a lawyer, I would like to suggest that the department take several measures so that the application of the laws is consistent and will not result in injustice to fellow Muslims.

The laws must apply to both men and women equally. If the department prosecutes women for appearing in public with their aurat exposed, then such prosecution against men must also be undertaken, it is easy to blame women for all the ills of society, but don't forget Islam does not discriminate. This law which is meant to prevent indecent dressing and behaviour must apply equally to men as well. In this regard, presumably even our footballers, swimmers, athletes, stage performers, actors, actresses and men doing weekend gardening, may have to change their attire or they would be prosecuted.

Since we all agree that there is a huge element off subjectivity in determining what is decent and what is not, even among officials of the department, may I suggest that the department engage women officials to deliberate on the issue. Usually the Religious departments of most States, including Selangor, are staffed mainly by men. This practice must change.

To some men who are not accustomed to mixing with women, even the natural gait of a woman excites them and may be construed as indecent. A department with more women staff will prevent unnecessary prosecutions such as against those wearing leotards in gymnasiums or tight swim-wear at pools.

There must not be selective prosecution. The laws must apply equally to the three girls who took part in the beauty pageant as well as those powerful and well connected members of society. We spend a lot of money and time to explain to the world that Islam is fair and tolerant and that Malaysia is an exemplary Muslim nation. The department must show that it can live up to this reputation.

The department may have explained what constitutes indecent dressing as regards to women, but what about the men? It is not clear whether men can wear leotards or figure hugging clothes. What if they expose their hairy chest and cause excitement among women? Or for that matter among other men? Will this constitute indecent dressing? Clarifications are necessary so that members of the public are clear as to what is offensive and what is not.

One of the attributes of a good law is clarity of content which does not allow for varied interpretations of its intent. The department must be mindful that nowadays there are many men who are no longer interested in women but in their own kind. Lewd and suggestive dressing by men must be controlled unless we say the laws are only meant for women.

Finally, may I suggest that the Syariah Council or the Fatwa Council consider allowing women be appointed as arbitrators of judges to try all cases involving women. It is only fair that they be tried by their peers. Women should have a more objective view as to what constitutes decent behaviour or dressing and would be less prone to extraneous influences and sexual prejudices that may cloud their judgement.