KUALA LUMPUR: The Kuala Lumpur High Court today overturned the Home Ministry's 2008 ban of a book Muslim Women and the Challenge of Islamic Extremism, published by Muslim non-governmental organisation Sisters in Islam (SIS).

Judge Mohamad Ariff Md Yusof ruled the book cannot be said to "disturb public order, confuse Muslim women or confuse those with shallow knowledge of Islam", as stated by the Home Ministry as reasons for the ban.

"Some may not agree with what is stated in the book but this is to be expected in an academic text, which this book is. But to conclude that it can create public disorder is something that cannot stand to objective scrutiny.

"I therefore find an error of law evident in the decision of the minister on the combined terms of illegality and irrationality. It can be said that the reaction (to ban the book) is wholly disproportionate to the concerns expressed," Mohamad Ariff said.

Mohamad Ariff, who sits at the high court's appellate and special powers division, also pointed out that only seven pages of the book's 215 pages were said to contravene guidelines of Islamic Development Department of Malaysia (Jakim).

The judge also noted that the book was in circulation for more than two years in Malaysia and Southeast Asia before it was banned in 2008.

The Home Ministry, helmed by Tan Sri Syed Hamid Albar at that time, had banned the book on July 31, 2008, on grounds that it was "prejudicial to public order".

In a written reply dated Aug 14, 2008, the Home Ministry told SIS that the book was banned because its contents were found, among other things, to touch on the purity of Islam and propagandise akidah or faith and had the effect of raising doubt and public disquiet.

The Home Ministry also stated the prohibition order was made on the basis that the articles were "inclined towards confusing the Muslim community especially women" and "attempted to interpret statements about Islam according to the opinion of the author herself and it is feared this would confuse the Muslim community especially those who have shallow religious beliefs".

SIS then filed for a judicial review on Dec 15, 2008 in a bid to quash the Home Ministry's prohibition order.

The organisation contended the ban fell outside the ambit of the Printing Presses and Publications Act 1984 and had contravened Articles 8(2), 10(1)(a) and 11(4) of the Federal Constitution.

The cited parts of the Federal Constitution relate to freedom of speech and expression as well as freedom of religion.

The book contains 10 academic essays by international activists and intellectuals and is edited by Universiti Kebangsaan Malaysia sociologist Prof Dr Norani Othman.

After delivering his judgment, Mohamad Ariff then quashed the Home Ministry's prohibition order and ordered taxable costs to be paid to SIS' counsels K Shanmuga and Malik Imtiaz Sarwar.

Met later, senior federal counsel Noor Hishamuddin Ismail said he would seek instruction from the Home Ministry on whether to file an appeal of the High Court's decision.

Speaking to reporters later, Noraini hailed the decision as a "good day" for academic freedom and freedom of speech while defending the book's aims.

"The book has not caused public disorder. It is a serious book that discusses and analyses certain aspects of the implementation of Islamic family law and syariah criminal law... in so far as it affects the rights of Muslim women.

"We are not questioning the syariah law, akidah or rejecting Islam," Noraini said, adding that the book was examining the "serious implications" of the politicising of religion.

Noraini, who is a founding member of SIS, also revealed that she was in a midst of preparing another book on the experiences of women in polygamous marriages.