How The RUU355 Is Unconstitutional

What everyone fears most is for the Malays to unite.  I wrote this a few months back.  All the lawmakers know that the RUU355 amendments have no impact whatsoever to the non-Muslims, and even if all the Muslims MPs from both PAS and UMNO were to vote for the amendments, they will never attain the 2/3rd majority required to pass the bill for it to go to the next stage.

Which is why the Malays in the DAP, PAN, PKR and Pribumi are the tools for the DAP leadership to use, as in the words of Superman Hew, “to screw the Malays using the Malays.”

Objections are raised using mainly the Malay tools.  The screen-capture of a Twitter conversation between a BERNAMA journalist and a PAN MP is the evidence to that.

In the run up to its tabling, the RUU355 has met with lots of resistance.  I don’t believe that the lawmakers don’t know that it is the right of each religious group to manage and administer its own affairs.  I also don’t believe that the lawmakers do not know that Islam is the religion of the Federation.

But the resistance towards it is mainly to avoid the provision of an opportunity for Muslims and Malays to unite just before the next general elections.  They oppose just for the sake of opposing.

And then in comes the individuals who do not see or understand that in Islam, protecting the rights of a community supercedes the rights to protect an individual’s rights, nor understand the separation of jurisdiction between the civil law and Syariah law.

This dual system of law first existed in the Malay states in Perak in 1807 with the introduction of the Royal Charter of Justice of 1807 in Pulau Pinang.  Prior to that, laws based on the Syariah has been the lex loci of this land.

Islam first came to this land in the ninth century A.D and flourished in the 13th century, 200 years before the kingdom of Melaka was founded. The first evidence of a coded Syariah law was from the Terengganu’s Batu Bersurat, written in 1303, a full century before Melaka.

The kingdom of Melaka produced two major legal digests, which formed the main source of written law in Melaka – the Hukum Kanun Melaka , and the Undang-Undang Laut Melaka .  The Hukum Kanun consists of 44 chapters, which touched upon matters such as the duties and responsibilities of the Ruler, prohibitions amongst members of society and penalties for civil and criminal wrongs and family law.  The Undang-Undang Laut consists of 25 chapters, which covered maritime matters, such as the duties and responsibilities of ships’ crew, laws pertaining to voyages and trade.  The law contained in the above written codes are said to be based on Islamic law of the Shafie School, together with elements of local custom.

Melaka’s written codes were responsible for the growth of other written codes in other states of the Peninsula: Pahang Legal Digest 1595, the laws of Kedah 1605, the Laws of Johore 1789, and the 99 Laws of Perak, 1878.

Therefore, the question of the Syariah creeping into the lives of the Muslims of the land does not hold true.  The reverse however is.  The RUU355 is not about amending the offences but merely seeking the agreement to enhance the punishments to be meted out for the offences.  And as explained in previous writings as per clickable links above, the Federal Constitution is the supreme law of the land and therefore offences already covered in the Penal Code as well as in other civil laws made canoot be tried under the Syariah laws of Malaysia.

Furthermore, the separation of jurisdiction of the legal systems provided by the Constitution also ensures that the rights of non-Muslims are protected – only Muslims can be subjected to the Syariah law.

On the question of the Muslims being subjected to dual laws, this is not a problem. If a Muslim commits theft, he will not get his hand amputated in Malaysia.  Theft is an offence under the Penal Code and therefore the Muslim offender gets punished according to what is provided for by the Penal Code.  The punishments that the Syariah court can mete out cannot go beyond the Second List of the Ninth Schedule of the Federal Constitution of Malaysia.

DAP Emperor Lim Kit Siang was against the introduction of Section 298A of the Penal Code of Malaysia.  In a Parliament debate on the 9th December 1982 on the Penal Code and Criminal Procedure Code (Amendment) Bill 1982 he said the following:

I quote:

I was aware that the new Section 298A of the Penal Code has also been drafted in order to punish the non-Muslim partner in a khalwat offence until I read a Bernama write-up on the amendment the other day. The Bernama report exulted that now both the Muslim and non-Muslim parties to a khalwat offence would be punishable, the non-Muslim under the Penal Code amendment.

A Muslim found guilty of khalwat is usually fined $200 or $250 under the Muslim enactments of the various States. I have caused a check of the penalties for khalwat, offences in the various states, which vary from State to State but they all range from the lightest penalty of $100 or one month’s jail in Kelantan to the heaviest penalty of $1,000 or six months’ jail, as is to be found in Johore. However, the non-Muslim partner charged under the Penal Code Section 298A for khalwat activity which causes or attempts to cause or is likely to cause disharmony, disunity on feelings of ill-will would be exposed to an offence which is punishable with three years’ jail, or fine, or both.

This is most objectionable and unjust where for the same act, different persons are charged under different laws where one of them imposes much heavier penalties. Or is the Muslim partner in a khalwat charge going to be charged under the Penal Code in the Criminal courts? I am sure that the Shariah Courts in the various States would vehemently oppose this as a serious erosion of the jurisdiction and powers of the Shariah Courts.

So, in 1982 Lim Kit Siang opposed the introduction of Section 298A because a similar offence tried under the Syariah law would only provide for a much lesser sentence.  Why is he complaining now about Hadi wanting to introduce higher punishments for the same?  Wouldn’t it be fair for the non-Muslims?

He added:

As the purpose of the 2M government is to uphold the sanctity of Islam, defend true Islamic values and Muslim unity in the country so as to be able to deal with the problems of kafir mengafir, two imam issue, separate prayers and burials, in the Muslim community, the government should confine its legislative efforts to the Muslims only, and not draft a Bill with such far-reaching consequences in allowing for State interference in the practice, profession and propagation of non-Muslim faiths.

35 years later, he backtracks on the need for Muslims to make better its laws for the Muslims only. Which is why I say Lim Kit Siang is opposing for the sake of opposing so that the Muslims do not rally behind this bill months before the general election is due.

Even PKR’s Wong Chen acknowledged back on 29th Aril 2013, six days before the 13th General Elections that in order to gain support from the Malays, PAS, which was a partner in the Pakatan Rakyat coalition, needed to play up the Hudhd issue and had the full support from the parties in the Pakatan Harapan.

Hannah Yeoh, who is the Speaker of the Selangor State Assembly even allowed the Hudud motion to be brought into the assembly.  So why oppose the same motion when it is brought into Parliament? Why the double standard?

And why must Lim Guan Eng ask the BN components such as MCA, MIC and others to bear responsibility for the tabling of the RUU355?  Why don’t he ask his party’s Anthony Loke and Hannah Yeoh instead? They both supported Hudud and the tabling of Hudud in the Selangor State Assembly (as in the case of Hannah Yeoh).

Anthony Loke even went to town with his support for Hudud telling his Chinese audience not to be aafraid of Hudud:

Yet, the RUU355 is not even about Hudud. So, what is unconstitutional about the RUU355?

Only the objections by the vapid non-Muslims against the RUU355 is unconstitutional, as it is a right given to all religious groups, not just the Muslims, to manage its own affairs.  I don’t have to agree with the amendments proposed by the RUU355, but it is my religion and therefore it should be left to the Muslims to manage its own affairs – as guaranteed by the Federal Constitution.

And as for the atheists, just stay off my social media accounts. You don’t have the locus standi to participate in this debate.

The Thumped Motherfuckers

From a layman’s view, it all started with the delegates at the DAP CEC election rejecting ALL the Malay candidates, including one veteran Malay who has been trying to get a seat for the past quarter of a century, and a Chinese disguised as a Malay nominated to hoodwink especially, the DAP Malays.

Perhaps, all the nation’s Malays lambasted the DAP for claiming itself to be a multiracial party when the composition of its CEC does not reflect the Malaysian demography. Pulling the scupper off instead of plugging the hole, DAP fumbled again with the CEC election results by blaming Microsoft Excel for miscalculations and put the Chinese disguised as a Malay as the 20th spot winner of the CEC election.

Another miscalculated move, and this time without an Excel sheet to blame. Quickly Lim Guan Eng threw a red herring that hungry vultures quickly grabbed – the issue of using Allah to represent God in Bibles. This time, he went too far.

While the Malays from UMNO and PAS quarrelled over the Allah issue, DAP-friendly netizens quickly went on the roll to convince the Malay voters that Zairil Khir Johari is indeed a Malay. One even sent Blackberry messages to convince, Madam Logeswary, the wife of MIC Youth Chief, T Mohan, that Zairil was born in Malaysia as a Malay, and that “he’s known Zairil since they were kids.”

Before I go on commenting on the Allah issue, let me settle this Zairil issue for the dumb Malays first.

This is Zairil Khir Johari….not Zairil bin Khir Johari, just plain Zairil Khir Johari, whose mother married the late Khir Johari in February 1996. And if Christine Lim had shat Zairil nine months after that, Zairil would be 16 years and 2 months old now. But he isn’t.

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And no, Zairil was not born as Zairil. He was born in Hawaii, USA, and his real name is CHRISTOPHER! CHRISTOPHER ROSS LIM whose BIOLOGICAL FATHER is HOWARD LIM!

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But of course, if it isn’t DAP hoodwinking the public, then what is DAP’s raison d’être?

Okay, you have the Malays fighting each other on the Allah in the Bible issue. It was raised by Lim Guan Eng, UMNO went ballistics, and PAS supporters were quick to blame UMNO for bringing up the issue. Dementia? Or plain senile?

Only one person from PAS, the MP for Parit Buntar, made a personal comment on the issue enquiring Lim Guan Eng’s motive for bringing the issue up. Kudos to the only one with balls in PAS. Of course, DAP gave PAS an ultimatum to toe the line which PAS, seemingly now being the subjugated meek within Pakatan Rakyat, gladly did.

Then, to show that it has some power, and not just some whipping boy in the PR understanding (it isn’t a coalition), the PAS-led Kedah State government pulled a fast one by announcing a ban on female performers for the forthcoming Chinese New Year celebrations, and guess what? Patrick Teoh went berserk calling it a ruling made by “Quran-thumping motherfuckers.”

Maybe old Patrick Teoh needs to read more history before he becomes one. Sir Stamford Raffles, a hardcore Evangelist, in a letter to his cousin in 1815 mentioned how “Religion and laws are so united” in Muslim dominated areas that the introduction of Christian beliefs will bring about “much mischief, much bitterness of heart and contention”.

Again, you see UMNO supporters going to town with this, while the real motherfuckers (this is now an accepted journalistic term, isn’t it?) tucked their tail in between their hind legs, whimpered and scampered away. At the command of the real masters of that side of the rakyat’s fence, the Kedah State government retracted the ban. I stand corrected on this. I am just a layman.

Not even a week later, the PAS spiritual body that governs the party’s policies, the Majlis Syura PAS, issued a statement saying that non-Muslims cannot use the name Allah. Enter DAP, through the gradually-taming Lion of Jelutong, calling on PAS’s President, Abdul Hadi Awang, to ensure that the Majlis Syura PAS toes the Pakatan Rakyat line, while Azmin Ali of Parti Keadilan Rakyat was quick to say that the Majlis Syura PAS is not part of the Pakatan Rakyat.

And now, we have people in Penang distributing the Malay Bible to Malay schoolchildren in contrary to claims by the Christian quarter that the Bibles are not meant for distribution to the Malays. Read more about it here.

Isn’t it obvious that the all-corrupted UMNO is consistently defending Islam while PAS continues to behave like the thumped motherfuckers?

Think, people. Think.

Disclaimer: all profanities are printed for effect.