Undang-undang di Malaysia adalah hasil pergabungan di antara akal, adat dan ugama. Adat adalah merupakan kanun yang tidak bertulis yang dijadikan pegangan hidup oleh orang-orang Melayu sejak dari dahulu lagi. Untuk dijadikan pegangan rasmi, maka adat diterjemahkan kepada undang-undang bertulis, dan digabungkan dengan akal dan syarak sepertimana yang terdapat dalam undang-undang terdahuu seperti Undang-Undang 99 Negeri Perak dan Undang-Undang Darat/Laut negeri Melaka yang berlandaskan adat dan syariah.
Maka, undang-undang syariah di Tanah Melayu ini telah wujud sebelum pihak Inggeris memperkenalkan undang-undang sivil untuk digunapakai pihak pentadbir selain hal ehwal adat istiadat Melayu dan agama Islam.
Semalam, kita dikejutan sekali lagi oleh bekas tahanan ISA Kassim Ahmad yang berkata kerajaan tidak sepatutnya campur tangan dalam hal ehwal agama.
Kassim pernah ditahan oleh pihak Jabatan Agama Islam Wilayah Persekutuan (JAWI) atas dakwaan menghina Islam dan mengingkari pihak berkuasa agama pada tahun 2015 dalam satu seminar bertajuk “Seminar Pemikiran Kassim Ahmad: Satu Penilaian” yang turut dihadiri oleh U-Turn Mahathir.
Kassim pernah ditahan di bawah Akta Keselamatan Dalam Negeri (ISA) pada November 1976 kerana berfahaman sosialis komunis. Fahaman ini didokongi beliau sejak zaman universiti lagi apabila menganggotai Kelab Sosialis Universiti semasa menuntut di Universiti Malaya Singapura.
Pada 23 Mac 1979, P Patto dari parti DAP telah menyoal Allahyarham (Tan Sri ketika itu) Ghazali Shafie selaku Menteri Dalam Negeri mengenai tahanan Kassim. Ghazali berkata adalah masih perlu bagi penahanan Kassim di bawah ISA diteruskan.
Namun, dua minggu setelah menjawat jawatan Perdana Menteri, U-Turn Mahathir merupakan orang yang menandatangani arahan pada 30 Julai 1981 supaya Kassim Ahmad dibebaskan.
Kassim adalah pelopor anti-Hadith yang sering menggunakan alasan bahawa hadith telah ditulis sekitar 200 tahun selepas kewafatan Nabi Muhammad SAW. Fahaman beliau ini berlandaskan penulisan Dr Rashad Khalifa dari Mesir dalam sebuah buku bertajuk “The Computer Speaks: God’s Message to the World.”
Buku ini memberikan bukti-bukti secara saintifik bahawa Al-Quran tidak memerlukan sokongan Hadith kerana telah cukup memadai untuk dijadikan rujukan pedoman umat Islam.
Rashad Khalifa adalah pengasas United Submitters International, sebuah gerakan Qur’aniyun yang menolak hadith. Rashad juga mendakwa diri beliau sebagai seorang nabi dan mendakwa juga telah diberitahu oleh Jibril bahawa Ayat 3 Surah Yasin adalah merujuk kepada beliau (Rashad).
Fahaman Rashad juga tidak jauh dari seorang lagi “Sarjana Islam” dari Hungary iaitu Ignác Goldziher. Goldziher, atau nama sebenarnya Yitzhak Goldziher adalah seorang Sarjana dari budapest berbangsa Yahudi.
Goldziher pernah menulis kajian beliau bertajuk Muhammedanische Studien pada tahun 1890 yang mendakwa hadith adalah rekaan manusia 200 tahun setelah kewafatan Nabi Muhammad SAW. Dakwaan Goldziher ini disangkal oleh Patricia Crone pada tahun 2002 dalam buku beliau bertajuk Roman, Provincial and Islamic Law terbitan Cambridge University Press.
Berdasarkan ajaran Rashad, Kassim telah menolak Hadith sebagai bida’ah yang direka manusia setelah kewafatan Nabi Muhammad SAW dan punca perpecahan umat Islam. Maka hadith adalah ajaran sesat yang diada-adakan oleh manusia.
Sedangkan pakar hadith dari Universiti King Saud, Muhammad Mustafa Al-A’zami, membuktikan bahwa penulisan hadith sudah dimulai sejak Nabi Muhammad SAW masih hidup.
Sahabat-sahabat Nabi yang telah menulis hadith termasuk Umul Mu’minin Aisyah, Abdullah bin Abbas, Jabir bin Abdullah, Abdullah bin Amr bin Al-Asy, Umar bin Khattab dan Ali bin Abi Thalib.
Dan orang seperti Kassim ini boleh diberi gelaran “Sarjana Islam” oleh portal Malaysian Insight dalam artikel yang menghina agama Islam dan mempersoalkan kedudukan Islam sebagai Agama Persekutuan Malaysia.
Orang yang sesat lagi menyesatkan inilah juga yang disokong rakan seperjuangan beliau.
Tidaklah menghairankan kerana U-Turn Mahathir juga pernah menyokong buku tulisan Kassim bertajuk “Hadis: Satu Penilaian Semula” yang pernah diharamkan oleh Majlis Fatwa pada tahun 1986.
Kassim juga setakat gagalkan mengemukakan bukti bahawa perpecahan umat Islam adalah akibat Hadith dan bukan politik. Beliau yang gemar menggunakan ayat-ayat Al-Quran tertentu bagi menguatkan hujah beliau telah dengan sengaja tidak mengutarakan sekali Firman Allah SWT dalam surah An-Nahl ayat 64 iaitu:
“Dan Kami tidak menurunkan kepadamu (wahai Muhammad) Al-Kitab (Al Quran) ini, melainkan agar kamu dapat menjelaskan kepada mereka apa yang mereka perselisihkan itu dan menjadi petunjuk dan rahmat bagi kaum yang beriman.”
Adakah golongan Qur’aniyun ini akan menidakkan Firman Allah SWT seperti di atas?
I was in stitches when I read Mahathir’s latest posting ‘Pentadbiran Kuku Besi‘. He wrote as if he had never oppress the people during his 22 years as the Premier. He is fortunate that the Internet was still in its infancy and was only introduced to the masses in the mid 1990s, and Google only came online using its own domain on the 4th September 1998, two days after Anwar Ibrahim was sacked from all government posts as well as from UMNO. Prior to that Google was hosted under stanford.edu. Not many of those below the age of 35 could remember the oppression Malaysians were subjected to.
And what has Mahathir written this time?
1. When receiving the membership form to join Parti Pribumi Bersatu Malaysia, some say that they have been threatened by UMNO dan Najib’s government.
2. Various threats were made including not being able to receive BR1M, expulsion from UMNO, removal from Government and government agencies posts, not being given contracts, scholarships would be withdrawn or not given, banks will demand for earlier payments or not give loans.
3. But they prefer to be oppressed knowing, that with their participation in PPBM and vote for it in GE14, the country would enjoy better benefits.
4. They say that despite the pressure they would still join PPBM. And they would attempt to get more Bumiputeras including UMNO members to join PPBM.
5. The struggle to them means the willingness to face hurdles. The struggle is meaningless if it is just a walk in the park.
I am quite perplexed by this statement. Do people who want to join Pribumi actually make prior announcement to UMNO that they would be joining Pribumi? Or would they just fill in the membership form and submit to Pribumi without bothering to inform UMNO?
As far as my memory serves me, not one person has ever announced his or her joining another political party unless it is arranged by the receiving party for publicity. And likewise when the situation is reversed. So, why would there be threats and so on if no one knows of their intention?
In reality, millions of Opposition supporters continue to form lines just to collect BR1M handouts. Students continue to enjoy their scholarships despite going on the street to demonstrate against the oppressive government that continues to give them monthly scholarship money. And perhaps about 50 percent of civil servants who support the Opposition still continue to go to work and none have lost their job or got demoted for doing so.
And many merit-less Bumiputera contractors still get government contracts despite supporting the Opposition.
Expulsion From UMNO
This is the other reason for me to laugh out loud. If you are already a Pribumi, why bother about being expelled from UMNO? You cannot have the cake and eat it too!
6. Verily Najib is also desperate to break my spirit. Not only have my police escorts been withdrawn but now even my officers and cooks are being transferred. All my associates are being harrassed and threatened by the Inland Revenue Board especially those who have businesses. If all taxes have been paid there will be additional taxes imposed on them.
For those uninformed, the Office of Tun Dr Mahathir is under the purview of the Prime Minister’s Department. This means, the administration, staffing, budget and others come under the administration of the Prime Minister’s Department. In short, the salaries of the staff of the Office of Tun Dr Mahathir come from the Prime Minister’s Department.
Who is the Prime Minister? (CLUE: HE IS NOT A KUTTY)
Isn’t it the prerogative of the Prime Minister’s Department to transfer in or out, any personnel from any of the agencies under its purview, also accord, reduce or withdraw any privileges given using the budget of the Prime Minister’s Department?
There is an old adage: don’t bite the hand that feeds you.
Even if there are Mahathir’s associates who are being harrassed by the Inland Revenue Board it could mean that previously they were only paying so much in the form of sales and services tax (SST) when under Mahathir and could no longer under-declare their earnings and have to pay higher taxes under the Goods and Services tax (GST) scheme introduced under Najib. All those who used to cheat the government and the rakyat of their earnings previously are now caught with their pants down!
7. Proton people are not allowed to speak to me, and my business associates are not allowed to approach Proton. It is Najib’s intention that Proton goes bankrupt and can be sold to foreigners for cheap.
8. My name can no longer be associated with Proton. Proton will be sold 100% to foreigners so the nationa car industry would be decimated. Only imported cars will be allowed to be sold in Malaysia. Nothing that I started will be allowed to exist. Let the local industries fail as long as Najib is satisfied.
Proton. A company that was set up in 1983 to start the national automobile industry.
With that, Proton once again asked for assistance from the government led by Najib Razak so that 12,000 Proton employees and 50,000 employees of the various Proton vendor companies do not lose their job. In your opinion, is it right for the government to use taxpayers’ money (using the favourite Opposition catchphrase) to assist a handicapped company?
Well, in the end Najib Razak’s oppressive government agreed to help Proton for the sake of the 62,000 odd direct and indirect employees by giving a RM1.5 billion soft loan.
And who is the owner amongst owners of this severely handicapped company that has no shame asking for help from Najib Razak’s oppressive government?
Which Bangladeshi is that whose name is at the top of the list who said that his name can no longer be associated with Proton but got the RM1.5 billion injection from Najib Razak’s oppressive government? Does it make sense for the government to pump in more money into Proton just to kill it? Why bother spend even a single Sen if you do not want it to work out? And how can he say that Proton people are not allowed to speak to him? Isn’t he one of the owners?
…and businessmen associated with me can no longer do business with Proton…
By this statement, is this a form of admission that Mahathir has been giving his cronies contracts from Proton? Does this have any role in making this company severely handicapped?
9. Verily, many Malaysian are afraid of trouncing by Najib’s government. This is Najib’s democracy.
10. I will not give up and I believe Malaysians have the will to topple Najib’s iron fist government. They are not afraid. The more the pressure the more the hatred they have for Najib and his government. All are ashamed of the P.M. who has been accused and believed by the whole world to have siphoned billions of the rakyat’s money.
11. The rakyat and I are aware of the intention of the new security law. It is not about foreign terrorism because we have adequate laws for that. Its intention is to break the struggle against Najib.
12. This law that was never assented to by the Yang DiPertuan Agong and the Malay Rulers accords Najib the power to declare security areas and with that anyone could be held in detention without trial. This is worse than the ISA.
13. If anyone is killed, be it a member of the security forces or the civilian, there will not be any inquest (a magistrate’s examination into the cause of death) held. And family of the deceased will not be able to bring the matter to the courts to seek justice.
14. Actually laws like this cannot be passed without the signature of the SPB Yang diPertuan Agong. But Najib is not one who cares for the law or its regulations. He is the PM and believes that he has immunity from prosecution. His pet the Attorney-General will make sure of that.
15. These are all signs that there is no more democracy in Malaysia. There is only an iron-fisted rule, a dictatorship.
16. The rakyat will protest the destruction of democracy in this beloved nation through a legal process. InsyaAllah the rakyat’s determination will see to the end of Najib’s wrong-doings.
The National Security Council Act that was recently passed was drafted to enable all assets under the various government agencies to be unified under one command that is the National Security Council. It is not just for use in response to terrorist acts but also in times of disasters. We have seen how poor the inter-agencies coordination was during the floods of Kelantan, Pahang and Terengganu. The main reason for this weakness was the absence of a unified command to coordinate efforts using assets of the various government agencies.
The power to declare security areas is not something new. Under Section 31 of the Police Act, 1967, designated police officers have the power to instruct any person to stay indoors while Section 3(1) Public Order (Preservation) Act, 1958, gives the power to the Minister of Home Affairs to declare whichever area that in the view of the Minister should be declared as a security area. However, Section 18 of the National Security Council Act, 2016 gives this power to the Prime Minister and no longer the Minister of Home Affairs to declare security areas AS ADVISED BY THE COUNCIL. This means that the Prime Minister CANNOT declare any security area unilaterally. Is this not better than ONE person making all the decisions without weighing all the inputs from practitioners who are more well-versed in the matters of national security?
Do not equate the power to declare security areas to the power to declare an emergency which remains the power of the Yang DiPertuan Agong, not the Prime Minister’s, nor is it the power of the National Security Council.
And Mahathir should not pay dumb – he is the person who destroyed democracy; even the powers of the Yang DiPertuan Agong to pass or not a bill of law was removed by him and caused the bills that affect other than the power to declare an emergency, the Institution of the Rulers, the position of the Bumiputera and Bahasa Malaysia, to pass without having been assented by the Yang DiPertuan Agong.
Mahathir should realise, he is living in sunset. Enough of lies.
At the Shah Alam Convention Centre today, the Pakatan Rakyat announced its manifesto for the upcoming General Elections that covers the socio-economic as well as political plans should it succeed in wrestling power from the Barisan Nasional. Among the points included inside this manifesto is that “the Federal Government to release and apologize to all ISA (Internal Security Act) detainees from the past to the present.”
This seems to be the thing Lim Guan Eng has been pushing for all this while. First, we need to understand that the ISA was an Act that served its purpose for the time it was appropriate for. It gave the authorities the time needed, or to curb clear and present dangers that threatened the public morale, security and the economy of the country. In short, the ISA was without which would not have allowed us to prosper the way we do now, draconian or not.
Among those detained under the ISA included communist terrorists and their agents, potential terrorists who are only potential terrorists by virtue that they had not managed to blow something up yet when they were nabbed; foreign agents, counterfeiters who would have sabotaged our economy. And most importantly, it was used during the “Ops Lalang” of 1987 in order to diffuse a potentially explosive racial riot where a fair share of people from both the Barisan Nasional and the Opposition got held under that Act, and the nation was once more saved from disaster.
Apologising to former detainees is a form of exoneration from all wrong-doings for the former detainees. Maybe this fits the agenda of allowing communists abroad home, like what the elements in DAP and their stooges inside PKR and PAS have been championing. There must be more than meets the eye here as Chin Peng’s origin is Setiawan, Perak. Anyhow, this is probably the reason some quarters from the Opposition have ben seen frequenting the Peace Villages of Yala. Freeing potential terrorists with known connections would also be detrimental not only to our security, but also to our neighbours’ security. Perhaps, there is a camaraderie between them that terrorist acts will only be conducted abroad. Hey, I’m on a roll here, but I know I am warmer than warm! But face the fact, releasing these people would do more harm than good.
The irony is, the Prime Minister, whoever that would be, will also have to apologise to Tun Dr Mahathir, arch-nemesis of the Prime Minister-designate, or so the latter thinks he would be. Tun Dr Mahathir was once held in detention under the same Act for criticising the government of Tunku Abdul Rahman in his book. Mind you, the Tun was the last person to be held under that Act for political conflict with the government. Lest we forget that the same Prime Minister-designate also had both Ummi Hafilda Ali and Azizan Abu Bakar nabbed under that Act to try get them change their statement concerning an act of sodomy by the Prime Minister-designate. Would the latter apologise to them as well having abused the ISA to serve his political interest?
To sum it all up, this latest manifesto by the Pakatan Rakyat is not a feasible one. In its point on releasing and apologising to ISA detainees and former detainees will do more harm to everyone than good. Having a manifesto is good, but I see a lot of missing points in this new manifesto. For example, the 15 percent oil royalty for Kelantan and Terengganu have not been included, so we know how important the welfare of these two states is to the Pakatan Rakyat, taken or a ride. Or whatever happened to the RM500 assistance to teachers as promised in the infamous Buku Jingga?
In the end, a Pakatan Rakyat manifesto, in my opinion, will remain just another unrealistic and unachievable manifesto like the one issued before the previous general election. Of course, the Pakatan Rakyat already has a script ready for that in case anyone asks…