PUTRAJAYA, MALAYSIA: Islam is not about turban and beard, said the Federal Court in dismissing an appeal by three pupils who were expelled from school nine years ago for refusing to take off their 'serban' ('turban' in Malay Language).

The panel of three judges led by Court of Appeal president Tan Sri Abdul Malek Ahmad was unanimous in their decision that not everything that Prophet Muhammad did - or the way he did it - is legally or religiously binding on Muslims, or even preferable and should be followed.

In the panel were also Chief Judge of Sabah and Sarawak Justice Steve Shim and Federal Court judge Justice Abdul Hamid Mohammad.

In his written judgment, Justice Abdul Hamid said that he accepted that Prophet Muhammad wore a turban but added that the Prophet also rode a camel, built his house and mosque with clay walls and roof of date palm leaves and brushed his teeth with the twig of a plant.

"Does that make riding a camel a more pious deed than travelling in an aeroplane?" he asked in the judgment read out by Federal Court deputy registrar Kamaruddin Kamsun.

"Is it preferable to build houses and mosques using the same materials use by the Prophet and the same architecture adopted by him during his time?"
In 1997, SK Serting Felda headmistress, Fatimah Sihi expelled Meor Atiqulrahman Ishak, then 13, and two other students - brothers Syed Abdullah Khaliq Aslamy Syed Ahmad Johari, then 11, and Syed Ahmad Syakur Dihya Syed Ahmad Johari, then 10 - for wearing turban to school.

On August 6, 1999, the High Court revoked the expulsion order, ruling that the headmistress had no power to expel the students for wearing the headgear.

On November 22, 2004, the Court of Appeal set aside the High Court ruling.

Justice Abdul Hamid said: "The question is whether the wearing of turban by boys of the age of the appellants is a practice of the religion of Islam?"

"The pagan Arabs wore turbans and kept beards. It was quite natural for the Prophet, born in the community and growing up to it, to do the same."

He added that other people living in the desert or semi-desert areas, such as the Afghans and Persians, also wear turbans.

"It is interesting to note that very few of our muftis and hardly any Syariah court judge wear the turban", he said.

Justice Abdul Hamid said the court could not ignore the education system that had helped boys and girls to grow up as Malaysians, and educationists should be given respect and credit when they formulate regulations for the general good of students and society.

Describing the father of the two brothers as 'arrogant', Justice Abdul Hamid said Syed Ahmad Johari Syed Mohamed wanted the three appellants to wear turban to school because the turban is the "family's emblem."

He said he could not accept the submission of the students' counsel Mohamed Hanipa Maidin that the school regulation violated the provisions of the Constitution.

Mohamed Hanipa had submitted that the appeal was related to the right to practice one's religion and that includes every religious practice that has some basis or has become part of the religion, whether mandatory or otherwise.

"To accept the learned counsel's argument would mean that anybody has a right to do anything, at any time and anywhere he considers to be a practice of his religion, no matter how trivial," said Justice Abdul Hamid.

Outside the courtroom, Syed Ahmad Johari said he was upset because the school regulations emerged only after his sons started wearing the turban.

"However, I respect this decisionof this court," he said.

Syed Ahmad Johari, a public school teacher, who wears a turban and also dons a 'jubah' (robe), said he would discuss with his lawyers the probability of taking this matter to the Syariah Court.

"Although it is a defeat for me, it is a victory for Islam because the issue has been brought to the highest court of the land (Malaysia). At least the public would be aware of it," said the 48-year-old father, who came to court together with his sons, all wearing turbans.

THE STAR, 13.07.2006 - FRONT PAGE

I think that Justice Abdul Hamid makes some valid points. I've heard similar arguments from many Westernized Muslims. I've always wondered where they draw the line and what criteria they use to make such arguments.

I am astonished that such things go before the very busy courts.

turban is one thing, but beard is fard

For me, I dont say wearing a turban is obliged in Islam, but if a student want to wear it, i think it's not a problem. But yet, rules are rules.

Having beard is not allowed in most public schools - reason - I DONT KNOW.

Originally Posted by Joe98

I am astonished that such things go before the very busy courts.

And more to come:

1) what kind of hijab allowed in school - according to school regulations it must be the 'triangle' hijab or 'labuh' hijab. Fashionable hijab not allowed.

2) Can a Muslim student be excluded from the obligatory Islamic Education in schools?

Schools in Malaysia is so strict especially dress code. No this, No that... In my secondary school we were reminded to wear only white underwear, because our trousers are white. If we wear coloured briefs, everybody can see it (I mean the underwear). And I dont like white slacks, easy to get dirty.

Originally Posted by cheese

turban is one thing, but beard is fard

Help me out here. I had to look up the meaning of fard. I found:
http://en.wikipedia.org/wiki/Fard

Fard also farida (فرض "obligation, duty") is an Islamic Arabic term which denotes a religious duty.

The law distinguishes two sorts of duties: individual (fard ayn) and collective (fard kifaya). The first relates to tasks every Muslim is required to perform, like the daily prayer (salat) or the pilgrimage to Mecca at least once in a lifetime (hajj). The second is a duty which is imposed on the whole community of believers (ummah). The classic example for the fard kifaya is jihad: the individual is not required to perform it as long as a sufficient number of community members fulfil it.

If this is accurate, does it mean that as long as other men in the community have beards, others don't have to?

fard- obligatory

from what i know all muslim men cant shave their beards, they have to let it grow.

Originally Posted by cheese

fard- obligatory

from what i know all muslim men cant shave their beards, they have to let it grow.

Thanks Cheese. Again this is confusing me. It's like the hijab issue. I rarely see either.

Is the beard rule pretty much practiced only by the really conservative Muslims?

Do you think that the Muslim men without beards don't believe in the beard being fard, or do they not care?

i thought about posting this too...

but u r faster than me... hehe...

Quoted below from NST.

"Whether we like it or not, we have to accept that Malaysia is not the same as a Malay state prior to the coming of the British. She is multi-racial, multi-cultural, multi-lingual and multi-religious. By any standard, Malaysia's success has been miraculous in terms of unity, peace and prosperity.

"Whatever other factors contributed to it, we cannot ignore that the educational system helped mould the minds of Malaysian boys and girls to grow up as Malaysians.

"Our educationists, with their experience in dealing with students on the ground, should be given respect and credit when they formulate regulations for the general good of students, society and nation".

"The students are not allowed to wear turban as part of the school uniform. They are not prevented from wearing the turban at other times.

"Even in school, they would not be prevented from wearing the turban when they perform, say, their Zohor prayers in the prayer room.

"Should they be allowed to war the jubah (robe) when playing football because it was the practice of the Prophet to wear the jubah?

"Certainly, there is a place for everything." he said.

Hamid said that the practice of wearing a turban was of little significance from Islam's point of view, more so in relation to young boys.

He noted that there was no mention about the wearing of a turban in the Quran.

" I accept that the Prophet worn a turban.

"But he also rode a camel, built his house and mosque with clay walls and a roof of leaves of date palms, and brushed his teeth with the twig of a plant," Hamid said in the judment, delivered by Federal Court Deputy Registrar Kamaruddin Kamsun.

"Does that make riding a camel a more pious deed than travelling in an aeroplane?

Is it preferable to build houses and mosques using the same materials used by the Prophet and the same architecture adopted by him during his time?"

Originally Posted by cheese

fard- obligatory

from what i know all muslim men cant shave their beards, they have to let it grow.

any authority on this?

Originally Posted by searchingsoul

Thanks Cheese. Again this is confusing me. It's like the hijab issue. I rarely see either.

Is the beard rule pretty much practiced only by the really conservative Muslims?

Do you think that the Muslim men without beards don't believe in the beard being fard, or do they not care?

I dont know about cheese, but in Malaysia, keeping beard is a 'sunna' (prophet tradition), if you keep beard you got extra merits. If you dont keep a beard you got no sins.

Originally Posted by north_malaysian

I dont know about cheese, but in Malaysia, keeping beard is a 'sunna' (prophet tradition), if you keep beard you got extra merits. If you dont keep a beard you got no sins.

So it's more cultural and not scripturally based (beard being fard). gotcha

Originally Posted by syilla

i thought about posting this too...

but u r faster than me... hehe...

Quoted below from NST.

"Whether we like it or not, we have to accept that Malaysia is not the same as a Malay state prior to the coming of the British. She is multi-racial, multi-cultural, multi-lingual and multi-religious. By any standard, Malaysia's success has been miraculous in terms of unity, peace and prosperity.

"Whatever other factors contributed to it, we cannot ignore that the educational system helped mould the minds of Malaysian boys and girls to grow up as Malaysians.

"Our educationists, with their experience in dealing with students on the ground, should be given respect and credit when they formulate regulations for the general good of students, society and nation".

"The students are not allowed to wear turban as part of the school uniform. They are not prevented from wearing the turban at other times.

"Even in school, they would not be prevented from wearing the turban when they perform, say, their Zohor prayers in the prayer room.

"Should they be allowed to war the jubah (robe) when playing football because it was the practice of the Prophet to wear the jubah?

"Certainly, there is a place for everything." he said.

Hamid said that the practice of wearing a turban was of little significance from Islam's point of view, more so in relation to young boys.

He noted that there was no mention about the wearing of a turban in the Quran.

" I accept that the Prophet worn a turban.

"But he also rode a camel, built his house and mosque with clay walls and a roof of leaves of date palms, and brushed his teeth with the twig of a plant," Hamid said in the judment, delivered by Federal Court Deputy Registrar Kamaruddin Kamsun.

"Does that make riding a camel a more pious deed than travelling in an aeroplane?

Is it preferable to build houses and mosques using the same materials used by the Prophet and the same architecture adopted by him during his time?"

You should read the reports on Malayan Law Journal. Actually it's like 'gajah sama gajah berperang, pelanduk mati di tengah' (Elephant fighting another elephant, and deer dead in the centre) - Headmistress vs. Father of the pupils - the victims are those 3 boys. The father commanded them to wear turban, the headmistress commanded them not to wear turban. Conclusion - the boys expelled and deprived of free education. I blame it on both father and headmistress.

Originally Posted by searchingsoul

So it's more cultural and not scripturally based (beard being fard). gotcha

It's not cultural, but how highest religious authority interpret authorities and give rulings.

For example, in Saudi Arabia, 'Mawlid el Nabawi' (Celebration of Prophet Muhammad's birthday) is haraam (prohibited) because of 'bid'ah' (innovation). But in Malaysia, it's national celebration and considered as 'bid'ah hasanah' (good innovation).