Saturday, December 10, 2022

Terengganu ban on unisex hair salons? Democracy allows State or Local government to enact any law? Many issues to consider...

Unisex hair salon ban - well, it seems that the intention is that a women barber cannot cut men's hair, and vice versa. Let's consider the issues here..

Who is enforcing the BAN? Is it a State Law, or is it a Local Government Law - yes both the State and the Local Government(Local Council) have the power to enact laws and enforce it within its own jurisdiction.

State executive councillor Datuk Dr Alias Razak said this was not an implementation of a new rule, but was an existing licensing regulation under the jurisdiction of the state government. 
Is he right? Is under some State law? Most likely it comes under the jurisdiction of the Local Government(Local Council) - not the State? But then, since the State Government appoints local Councillors, Alias Razak may believe that it comes under State powers - not Local Government powers. 

What exactly is the State Enactment he is talking about, and what Regulations? (Sadly Media reports do not inform us of what enactment this is - or what regulations - WHY? State law is very important in Malaysia as we are a Federation of sovereign States)

A Local Government(Local Council) is a peoples' representative government whose jurisdiction is the area under its jurisdiction, and cannot extend to jurisdictions of other Local Government. Remember, the Local Government has the power to give permission for what businesses can operate within its jurisdiction - annual licenses are issued, it even controls signboards of businesses. It can also set CONDITIONS on businesses operating within its jurisdiction. The local government is VERY IMPORTANT - but unfortunately in Malaysia, the rakyat lost the right to elect its own wakil rakyat since the mid-60s, allegedly because of the Indonesian Confrontation, and never got back that right. Now, it is the State Government that APPOINTS the Local Councilors and the Mayor/President of Local Council.

A State Government, on the other hand, has jurisdiction over the entire State. The Local Governments also have to abide by State laws.

Likewise, the States too have to abide with all Federal laws, unless our Constitution says that such matters are specifically under the jurisdiction of the State. The Constitution (and/or State Constitutions) should have also clearly stated what matters come under the jurisdiction of Local Governments..

Now maintaining the roads, drains, Taman and other signboards generally comes under jurisdiction of Local Governments  > so, recent flash flood because of poorly maintained drains, etc the blame lies with the Local Government(Local Council) - so, the State government that appoints the 'wakil rakyat' of Local Governments have to take the blame >>> not the PM and Federal Government????

So, which law - State or Local Government law that bans unisex hair salon???? Need to be confirmed?

DEMOCRACY - well, be it Federal, State or Local Government, the ability to make laws really requires the SIMPLE Majority of the 'wakil rakyat' at whatever level. They can make any law and enforce any law provided it does not violate the Federal Constitution. So, they can make a law banning chicken - and will be legal?

So, banning of unisex hair salon - if it is a State law, or Local Government law, or even Federal law - it really has nothing to do with regard to any religion. It is what the people, represented by the peoples' representative(wakil rakyat) wants - or rather the majority of the elected wants..

Banning of UNISEX hair salon - Why? Do not want men touching women's hair and/or body and vice versa? Would that also lead to not allowing woman doctors to see/treat man patients? Would it also mean that no move women make-up artist doing make-up of politicians and actors and other celebrities? We have to think about this...??

Banning of UNISEX hair salon - is it a Syariah law? Is it a law that applies to all? Well any religious law generally applies only to adherents of that religion, but not to persons of other religion. This too needs to be clarified. So, in Terengganu, is it a Syariah law, or is it a general law that applies to all?

Gambling - PM Anwar talked about limiting Special Draws - but then will Sijil Simpanan Premium of BSN stop its 'lucky draws'... Why did Anwar do this? To appear more Muslim? Of course, things considered bad should be prevented...

With regard to Islam, Christianity and all world religions, the values and principles are generally the same - all promotes justice and human rights...

Religion, has over the centuries been used by nation state and politicians to create all forms of divisions and prejudice > but we in Malaysia should never allow politicians or their parties to cause division or rift amongst people in multi-religious Malaysia.

Malaysians must be given the right to elect their wakil rakyat to Local Government(Local Councils) - the PH promised us this, and before they gave us local council elections, they were ousted. PN-BN Plus also said that we will soon have local council elections..

Hopefully, our new government will do the needful and restore Local Council(Local Government) elections so that the people will democratically elect their representatives in Local Government - and abolish politically appointed Local Councils, which by the way are never seen to be the peoples' representatives at all. 

Complaining to MPs or ADUNs on issues under the jurisdiction and responsibilities of the Local Government(Local Councils) is simply useless - they cannot do anything as the power to do anything really lie with the Local Government. Yes, it is the Local Government with the power to decide which business they will give licence/ permits to operate within the Local Government's jurisdiction...including whether the permission to operate businesses like UNISEX hair salons.

UNISEX hair salons - this is usually business carried out by the people of the State, it is the source of income to the business owner and their employees - should the State shut down such businesses without compensating owners and workers, as it also directly affects their families including children..They may have invested a lot of monies in starting and sustaining their businesses, and the Local Government and State government have been earning revenue from these businesses

UNISEX hair salons - this is SKILLED work, so what happens to these skilled workers (do they have to move out of the State to use their skills?) - was this even considered?


Terengganu govt to enforce unisex hair salon ban, warns offenders of fines, licence revocation

KUALA LUMPUR: The Terengganu government is sticking to its ban on unisex hair salons in the state and operators who flout the gender-segregation licensing regulation will incur a fine of between RM500 and RM1,000.

State executive councillor Datuk Dr Alias Razak said this was not an implementation of a new rule, but was an existing licensing regulation under the jurisdiction of the state government.

"Hair salons or barbershops, whether operated by Muslims or non-Muslims, are not allowed to provide haircut services for both men and women in the same premises," he was reported as saying by a local news portal.

Alias, who is in charge of the state Housing and Local Government Committee, warned that operators who flout the licensing regulations will be fined or risk having their licences revoked.

"There are no exemptions for hair salons or barbershops that are operated by non-Muslims. This is because if we were to allow non-Muslim female hairdressers to provide haircuts for male customers, there is a possibility that Muslim men will go and patronise them too," he said.

During a debate session of the state assembly sitting on Tuesday, assemblyman Zuraida Md Noor had sought for stern action to be taken to ensure that barbershops and spas in the state comply and adhere to Syariah requirements and gender-segregation regulations.

She had stressed that barbershops for men should be run by men and hairdressing salons for women must only be run by women.

She also questioned the extent to which such regulations were adhered, sharing that she had received complaints from local folk who expressed their concerns on men and women being in the same premises.- New Straits Times, 1/12/2022



Terengganu reinforces ban on unisex hair salons
Published:  Dec 1, 2022 2:34 PM
Updated: 2:37 PM

PAS-led Terengganu has ramped up enforcement of its ban on unisex hair salons in the state and operators who go against the gender-segregation licensing regulation will be fined between RM500 and RM1,000.

State executive councillor Alias Razak explained that this was not a new rule but an existing licensing regulation under the jurisdiction of the local government.

"The hair salon or barbershop, be it run by Muslims or non-Muslims, is not allowed to provide haircut services for both men and women at the same time," he was quoted as saying by Sin Chew Daily.

The operators must abide by the licensing regulations or else they will be fined or their licence will be revoked, the state housing and local government committee chairperson warned.

"There is no exemption for hair salons or barbershops run by non-Muslims. If we allow non-Muslim female hairdressers to provide haircuts for male customers, Muslim men may visit the shop," he added.

Terengganu executive councillor Alias Razak

It was reported that state-appointed assemblyperson Zuraida Md Noor called for enforcement action to be taken to ensure that barbershops and spas in the state observe syariah requirements and gender-segregation regulations.

"The question is, to what extent are these regulations complied with? I have received complaints from the locals who voiced concern over men and women appearing at the same barbershop.

"This also happened in spa premises and beauty salons. I wonder how the hairdressing industry and beauty salons can overlook this major issue," she said during a debate session at the state assembly sitting on Nov 29. - Malaysiakini, 1/12/2022

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