Nur Sajat, who runs a successful business selling women’s products, reportedly boarded a plane to Mecca last week dressed as a man and donned the telekung after arriving there.
Photos and videos of Nur Sajat wearing the telekung which she posted on social media went viral, and on Tuesday, Minister in the Prime Minister’s Department Mujahid Yusof Rawa said he would use the country’s laws to act against her so as to defend Islam, Malaysia’s reputation and its relationship with Saudi Arabia.
Stating that Nur Sajat’s action was controversial and had indirectly marred the image of Islam, Mujahid also said the photos and videos had led to discomfort among Muslims.
Shariah lawyer Nizam Bashir said shariah law fell under the jurisdiction of each state, and there was no basis for action against Nur Sajat for wearing the telekung in Mecca.
“The Federal Constitution states that Islamic law is under the purview of each state, and action can only be taken for crimes that happen within their respective jurisdiction,” he told FMT.
“Shariah laws are limited to each state, so taking action on this issue is something beyond their power. I feel there is no basis for action based on the country’s shariah laws.”
Lawyer Shaharudin Ali said that based on the Constitution, Nur Sajat cannot be prosecuted as the incident occurred in another country and action can only be taken if it went against the laws of Malaysia.
“There are only a few offences that occur outside Malaysia which the country can charge people with, and these offences fall under Chapter 6 and 6A of the Penal Code for ‘extra territorial offences’ against the state,” he said.
“Crimes under Chapter 6 and 6A include terrorism or waging war against the Yang di-Pertuan Agong, which Nur Sajat did not commit,” said Shaharudin, adding that she also did not commit any crime under the Official Secrets Act (OSA) 1972, the Sedition Act 1948 or national security.
Shaharudin said charges may be brought against those who went against the OSA and the Sedition Act 1948 – no matter where they were – “if the attorney-general certifies that their crimes are a matter of national security”.
Commenting on reports that Nur Sajat will be investigated by the Malaysian Communications and Multimedia Commission (MCMC) under Section 4 of the Communications and Multimedia Act, Shaharudin said a person could only be charged if they were given a licence to provide relevant facilities or services under the Act in a place within Malaysia.
“Nur Sajat is not someone who is licensed under the Communications and Multimedia Act 1998 and has nothing to do with providing facilities or services under the Act,” he said.