The holy month inspires many to practice their religion and express their culture. This includes the wearing of traditional outfits, prayer robes and/or the use of head dresses. However, when attending Court, there are several restrictions placed upon court participants that one should adhere to lest being asked to leave the courtroom.
Laypersons and Witnesses
Court etiquette dictates that all court participants are to dress formally as a form of respect to the sanctity and authority of the court room. This means no short pants, jeans, slippers, sun glasses or bright colour clothing with jewellery[1].
One will note that formal traditional wear is permitted by the court for both men and women. This dates back to the times when most lay persons would only own traditional formal wear and could not afford to purchase suits to attend court. In fact, to this day, there are still older Malaysian women, attending court for the first time, in full traditional wear.
Advocates and Solicitors
In the year 2000, a circular was passed by the Federal Court regarding the dress code for advocates and solicitors attending court[2]. The rules were simple. For men, Black Suit Jacket, Black pants, a long white shirt and white wing collar or tie (if in chambers/lower courts).
For women, it is the same save that women advocate and solicitors are permitted to wear traditional dress. Men are only allowed to wear a turban or a songkok. Therefore, the rules are skewed by not permitting men advocates to immerse and/or embody their cultural background at Court.
This prohibition is a conscious decision by the Courts of Malaysia. Our nearby neighbours in India had passed a law allowing the use of dhoti and sherwani for men so long as it was a combination of black and/or white colours[3].
The Indian law, passed in 1961 was done to promote and allow the Indian culture to be reflected in court. So long as the colours are muted and in no way shows excessive wealth or hubris, the use of one’s traditional attire would be allowed. The same has been applied in other post-colonial nations as a measure to bolster national identity.
The same could be applied here in Malaysia. Our country has long been proud of the multi-ethnicities precent and prevalent in our nation. Witnesses, court staff, lay persons and female advocates are allowed to dress and present themselves in traditional wear. Surely, we can make the relevant provisions to allow for men advocates to do the same.
References:
[1] Office of the Chief Registrar of the Federal Court of Malaysia https://www.kehakiman.gov.my/ms/faq-open-court-etiquette [2] https://www.malaysianbar.org.my/cms/upload_files/document/CircularNo267-2019.pdf [3] Section 49(1)(gg) Advocates Act 1961