Book Censorship in Malaysia

The ban on a book published by Sisters in Islam (SIS) is illegal, irrational, and inconsistent with the Federal Constitution, the Malaysian High Court heard.

SIS also contended that then Home Minister Datuk Seri Syed Hamid Albar, who ordered the ban, had no authority to do so.

In their submissions, counsel for SIS Malik Imtiaz Sarwar and K. Shanmuga told Justice Mohamad Ariff Md Yusof that under the constitutional framework, Islam was a state matter and as such, fell exclusively within the purview of the state governments.

The minister does not have the requisite legal competence and/or authority to arrive at conclusions on matters pertaining to Islam. It would be necessary for the state religious authorities to have firstly concluded on the matter (where it pertains to Islam) before the minister could exercise his discretion, Malik Imtiaz said at the first day of hearing yesterday, adding that these pre-conditions were not met.

On Dec 15 last year, SIS Forum (Malaysia) had applied for leave for a judicial review of an order banning the 215-page book entitled Muslim Women and the Challenges of Islamic Extremism. It is a compilation of essays based on research by renowned international scholars and activists, and the book was edited by sociologist Prof Noraini Othman of Universiti Kebangsaan Malaysia's Institute of Malaysia and International Studies.

The ministry had banned the book under Section 7 of the Printing Presses and Publications Act 1984 on grounds that it was 'prejudicial to public order'.

Hearing continues on Nov 18.

Free speech advocates have been rejoicing after a Malaysian court quashed a government ban on a book about the challenges facing Muslim women.

We were hoping, we were praying that this would mark a good day for all Malaysians, said Professor Norani Othman, the editor of the banned book, Muslim Women and the Challenges of Islamic Extremism, a collection of essays by international scholars. It's a good day for academic freedom.

In July 2008, the Ministry of Home Affairs banned the book, published in 2005 by Sisters in Islam, a Malaysian nongovernmental organization, on the grounds that it was prejudicial to public order and that it could confuse Muslims, particularly Muslim women.

Sisters in Islam filed a judicial review in the Kuala Lumpur High Court in December 2008 on the basis that the ban was unconstitutional because it infringed upon freedom of speech and religion and gender equality.

Justice Mohamad Ariff Yusof said that he had failed to find that the facts of the case supported the decision to ban the book on the grounds that it could disrupt public order: There are just seven pages of text which are objected to out of 215 pages in the book, he said. The book itself was in circulation for over two years in Malaysia before the minister decided to ban it.

He ordered the government to pay court costs incurred by Sisters in Islam.

Noor Hisham Ismail, the senior federal counsel who represented the ministry, said he could not yet say whether the government would appeal the decision.

Professor Norani, the book's editor and a sociologist at the National University of Malaysia, said she was overjoyed by the decision and hoped that it would encourage others to produce books that questioned the politicization of Islam.

Update: 'Obvious Errors'

31st January 2010. Based on article from malaysiakini.com

Muslims have been advised to stay away from book, Muslim Women and The Challenge of Islamic Extremism. It can create doubt and disharmony among the people in the country, according to the Malaysian Islamic Development Department (JAKIM).

Its director general, Wan Mohamad Sheikh Abdul Aziz Wan Mohamad said the contents of the book contravened the Islamic Publication Materials Censorship Guidelines issued by Jakim in 1996.

Several obvious errors were found (in the book), he said in a statement today. He said among others, the book stated that Islamic family laws and Syariah criminal laws were promoting prejudice and discrimination against women.

The book also questioned the fatwa institution and the ban on non-Islamic scholars from discussing Islamic issues. It also promoted the re-interpretation of the verses in the Quran, especially those on gender bias, he said.

Malaysia's Home Ministry has banned author Kim Quek's book The March To Putrajaya- Malaysia's New Era Is At Hand under the Printing Presses and Publications Act 1984 as it may incite public hatred and anger.

The Malaysian Insider reported that the Home Ministry Secretary General Mahmood Adam said that the book was banned because of its baseless accusations against national leaders, among others. He also went on to add that the printing, importing, publishing, reprint, sell, distribute or offer to sell or in possession of such books is an offence punishable under the law.

Kim Quek has subsequently released a press statement denying that the book is not suitable for the public.

Throughout my book, one consistent theme is my appeal to everyone to be faithful and to defend the Constitution. Even on the much politicized Article 153, which has been deliberately and dishonestly misinterpreted to carry out all sorts of racist agenda and therefore has attracted much misgivings, I have only words of praise for it.

I welcome any criticism and open dialogue over any part of my book, as it is through honest discourse that we will bring benefit to the nation.

As for the Ministry's ban over my book, I reserve my right to take the necessary legal recourse to protect my constitutional rights.

Malaysian officials have ordered book shops to stop selling a sex education book by British author Peter Mayle.

Where did I come from? is banned from sale pending a review, a Home Ministry statement seen by the BBC said. It will be banned completely if it is if it is proven to contain elements harmful to public morals and corrupt people's minds, said the statement from a senior official on Tuesday.

The book's cover states it is the facts of life without any nonsense. The illustrated book aims to help parents explain to children such topics as sex, conception and birth.

Deputy secretary for safety, Abdul Rahim Mohamad Radzi, said in the statement: The ministry has obtained the co-operation of book sellers around the country to immediately stop sales until the review is completed and the decision is made.