SeaDemon Says

Posts Tagged ‘Syariah

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.

A few months back I criticised a Malay TV drama about how a rape victim marries the rapist and implying that it is alright and love between the victim and the rapist would eventually grow.  That is the kind of TV programme that is being forced down the throat of the people nowadays.

No wonder I see dumb people walking everywhere, students barely out of their teens dumping babies.

Then I saw the following:

Shabudin Yahya, the Member of Parliament for Tasek Gelugor was objecting to an amendment to the Child Sexual Offences Bill which was being proposed by DAP’s Teo Nie Cheng who wanted the bill to also include the invalidity of child marriages.

The former Syariah Court judge said that girls between the ages of nine and twelve are physically and spiritually ready for marriage.

He explained further that it is not fair to assume that a rapist would continue being a bad person.

Maybe he repents, or regrets.  Marriage can be an exit clause for this problem. A wife who was raped , if she can marry the rapist she would not go through a bleak future. At least she has someone who can become her husband. This will be a remedy for social problems.”

Both my Facebook and Twitter timelines exploded with people in rage over the MP’s comment and invited a tweet from a liberal.

Then came this person trying to defend the indefensible:

For the benefit of all including the MP and his supporters, the government was being responsible by proposing a bill to protect minors from sexual predators.  Many do not understand that although the consensual age for sex in Malaysia is 16 by birth date and above, those below 18 are legally minors!  The MP’s statement is tantamount to inviting predators to have consensual sex with minors and then “repent” and marry their victim(s).  One cannot get anymore disgusting than that.

If the rapist is irresponsible enough to rape a minor, how can he/she be a responsible husband/wife?

It does not matter if the MP was a Syariah Court judge. He should know that he was in Parliament and every word would be scrutinised.  In times when people doubt the dual-legal system that has been around since the birth of Malaysia, comments from Shabudin certainly adds fuel to the fire of fear against Islam.

Fellow MP and Minister in the Prime Minister’s Department, Datuk Seri Abdul Rahman Dahlan expressed his disappointment in a statement posted on his social media accounts:

Rape is rape.  There is no beauty that comes out of rape.  Therefore, Shabudin should apologise in Parliament and in a press conference without making any attempt to defend his stupidity and beg for the Speaker of the House to strike his statement off the Hansard.

I cannot for my life believe that people are still capable of making stupid statements right under the public’s nose.

Seow Poh Hing's "Harmony"

Seow Poh Hing’s “Harmony”

Two nights ago I sat at a dinner table with four other strangers.  One gentleman from the North is five years older than I am while the rest were in their 40s.  What the gentleman in his 50s and I spoke about was of the way the various races interacted in the early 1970s fresh after the most devastating racial clashes in the history of Malaysia.

Those were the times when we all looked at each other as family rather than by race or religion.  We went to school together and played together.

Interestingly, the gentleman is a Senior Pastor, his wife, while the rest at the table were Muslims.  Apart from my wife and I, one was from Jabatan Agama Islam Selangor, the other was from PAS.

There were people of other faiths as well such as Sikh, Hindu, and the Buddhist.  Church representatives and members from Sabah and Sarawak, too, were there. What surprised me was the presence of representatives from PERKASA, MAPIM and ISMA including Ibrahim Ali.

The Senior Pastor pointed out how children nowadays go to separate school and do not speak the same language. To bring about unity, children must grow up together and speak the same language.  The Senior Pastor is Chinese.  He still enjoys the company of his former school mates who are mostly Malay whenever he goes back to his hometown.

We were at the 2nd National Peace and Harmony Dinner organised by the Christians for Peace and Harmony in Malaysia CPHM) that was a full-house affair.

It was a full house affair at the 2nd CPHM banquet

It was a full house affair at the 2nd CPHM banquet

I wrote about unity not too long ago (Lighting The Wrong Path – 6 September 2016) and touched on the importance of children growing up together, speaking the same language, and the importance of understanding the Federal Constitution.  While I gave the nation at least three generation before we could see some form of unity, the Senior Pastor was very sceptical.  Schools have become places to divide our children according to their ethnicity – something that was rare in my days although existed.  For as long as we do not unite our children, we will continue to be diversified and divided.

 

Chairman of the CPHM, Reverend Wong Kim Jong in his speech called for a better understanding of all faiths and races, and better unity among Malaysians.

He even went on to propose a National Mediation Council be formed to settle misunderstandings and disputes between religions and races.

In his keynote address to the CPHM, Prime Minister Najib Razak quoted a verse from the Bible:

“Blessed are the peacemakers: for they shall be called the children of God” – Matthew 5:9

Prime Minister Najib Razak delivering his keynote address

Prime Minister Najib Razak delivering his keynote address

He said in order for Malaysia to achieve its target of becoming a top 20 nation by 2050, as envisioned under the 2050 Transformation Plan (TN50), Malaysians must become true believers of their respective faiths as he answer to becoming a great nation lies in the teachings of every religion which promotes harmony and peace.

To become a top 20 nation by 2050, we need social harmony and one of the ways to achieve it is through faith. Go back to your own faith and the answers are all there. You must be a true believer no matter what your religion is, whether you’re a Christian, a Muslim or a Buddhist,” he added.

Quoting a Malay proverb “Tak kenal maka tak cinta” that was said by Ibrahim Ali during a previous meeting between PERKASA and CPHM, Najib said that there is a need for the people to understand one other in order for them to appreciate and love.

I would also like to emphasise on humility, or the importance of being humble. It means we must admit and accept our differences,” pointed Najib.

The Prime Minister also related how the forefathers discussed the social contract in the prelude to Merdeka and had ensured that although Islam is the religion of the Federation, the rights of those who practice other religions are protected in the Federal Constitution.

Therefore, understanding the spirit of the Federal Constitution is also very important to understand, appreciate and love.

I wrote at length about why the sanctity of Islam is regarded as being more sensitive in the Peninsular compared to in Sabah and Sarawak and had given the historical background to it.  I even wrote about the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act, 1965 and how it would not affect the non-Muslims.

I don’t have to agree with the proposed amendments but I have to defend the rights given to the Muslims to manage their own religious affairs as I would to other religions as well.

And Muslims especially in the Peninsular have a lot to learn from and emulate values shown by the congregation of both the Masjid An-Naim and the Parish of Good Shepherd that co-exist beautifully on Jalan Pasar Lutong in Miri, as well as that of the committee of the Masjid Saidina Abu Bakar As-Siddiq in Bangsar that held a Chinese New Year open house for all at its premise.

This is what is meant by understanding the Federal Constitution in order to gain respect, appreciation and love through the respect for others.

Of course there will be those who will continue to flog the issue as long as they can all laugh at the end of it when the very fabric of society is torn apart, such as the person below:

Ill-informed? Or just opposing for the sake of opposing?

Ill-informed? Or just opposing for the sake of opposing?

If the person above is a Christian, she is probably a Christian because it is trendy not to light up joss sticks for dead relatives or parents.  A true believer would believe in the Bible and especially Romans 13 that calls for the respect for the auhorities as they have been placed there by God.

The above verse is the same as in the Quran (An-Nisaa’ 59) that calls for obedience to authority.

Those who do not subscribe to the above are NOT peacemakers. And for Christians, they are not the children of God, but of His antithesis.

As said in the Bible:

“If anyone thinks he is religious and does not bridle his tongue but deceives his heart, this person’s religion is worthless.” – James 1:26

So you can choose whether to be a peacemaker, and if you’re a Christian be a child of God, or, you can be the child of the antithesis of God as people like the above.

Your choice.

The photo many feared most

The photo many feared most

Three years ago yesterday, I wrote about how more than a hundred Malays were slaughtered in just one night in the small village of Bekor.  Interesting to note is that the effort to kill the Malays was supported by a number of Malays:

” Shamsiah Pakih pakai baju kebaya putih datang kerumah mengajak Tok masuk komunis Tok tak mahu. Pada masa itu siapa yang tidak mahu masuk kominis akan di bunuh. Orang Bekor banyak terlibat dan berdosa kerana bersubahat dengan kominis dan membunuh orang melayu yang tidak mahu masuk kominis. ”

The above is an excerpt from this blog that I had quoted when writing about Bekor.

When Malaya gained independence in 1957, the Malays made up only 49 percent of the population of 6.835 million, a marginalised minority in their own land since the 1930s [Department of Statistics, Federation of Malaya 1957 – Population Census of the Federation of Malaya Report, No.14 by H.Fell].

Of course there was the Penang Hartal of November 1967 and subsequently the 13 May 1969 racial clashes. But by then, the Malays were more united than they were in the late 1940s.  Sadly, the Malays are no longer united and not only are they being attacked on anything that is Malay or Muslim by the other races but they are also being undermined by the likes of Rafizi Ramli, and Mahathir Mohamad.

And then came the opposition to the amendments of the Syariah Court (Criminal Jurisdiction) Act, 1965 dubber the ‘Hudud’ Bill, subsequently ‘Hadi’ Bill.  I wrote about how non-Muslims especially the President of MCA who, I assume being ill-advised by his ignorant adviser and MCA’s Religious Harmony Bureau Chairman Ti Lian Ker, decided to oppose the Bill for the sake of opposing, even after the clarification made by the UMNO President, Najib Razak, in a recent speech at the UMNO General  Assembly.

This resulted in UMNO delegates calling for the unity of Muslims to support the Bill, also known as the RUU355.  While Liow Tiong Lai calls the amendments ‘unconstitutional’ little does he realise that by interfering in the Muslims’ right to manage their own affairs, he is being unconstitutional.

I have seen little or no effort taken by MCA to understand the Bill, or to even explain the current government policies and efforts to assist the rakyat in times of need.  There may have been such efforts but they somehow have escaped my radar. If you go to the MCA’s Twitter account, between 21 October 2016 until its last post it has not made any effort to convey the correct message to its audience. Rather, topics on RUU355 are all negative.

Every single day be it on Facebook, Twitter or in comments to online news articles, you will see more often than not the non-Malays taking a swipe at every single effort by the government to make lives better.

The most aired ‘grouse’ is of the rising cost of living.  In his closing speech yesterday, Najib Razak stressed that in the seven years as the Prime Minister, he has never approved any application to have the price of 21 essential items like rice, flour, sugar and cooking gas to be increased.

img_3846

As a matter of fact you can see for yourselves the items which are zero-rated under the GST scheme.  If you find any increase in any of the prices of the listed goods, it is your duty to report it to the relevant agencies, especially the Ministry of Domestic Trade, Cooperatives and Consumerism.  You can download its Apps in Google Play or Apps Store and use the Apps instead of using the Internet to spread lies or complain to the general public where you will only make things worse instead of solving the problem!

Najib Razak also pointed out that to date 185 Kedai Rakyat 1Malaysia have been established to bring low-priced goods to the people.  So, don’t blame the government if you prefer to shop at Jaya Grocers, Cold Storage, Mercato or B.I.G. That is the choice that you have made, not the government’s.

The problem lies with the retailers.  And they will continue to fleece you for as long as you don’t report them.

The same also goes to medical treatments. There are 195 Klinik 1Malaysia established nationwide to date, 2,836 government clinics, 139 goverment hospitals, where you can seek treatment for as low as RM1.00!  I cannot understand why would anyone, especially kampung folks, seek treatment at private hospitals when they cannot afford it, then make pleas for donations from the public?

And you blame the government saying it does not provide affordable healthcare?

The most terrible whiners are those who go on saying the Ringgit is the worst performing currency that it is no longer accepted anywhere outside Malaysia.

On 31 October 2016, it was the British Pound that was the worst performing currency in the world.

http://www.independent.co.uk/news/business/news/pound-sterling-worst-performing-currency-world-brexit-a7388821.html

October 2016’s worst performing currency was the GBP – source: Bloomberg

It is no secret that the Ringgit has lost a percentage of its value against the Greenback since Trump’s victory over Hillary Clinton.  But are we really the worst in Asia?  Take a look at the performance of several Asian currencies versus the Greenback as on the 2nd December 2016:

https://www.bloomberg.com/markets/currencies/asia-pacific

Asian Pacific Currencies Performance – 2nd December 2016

While the Ringgit has dropped by 0.23% against the Greenback in the last two days, Singapore Dollar has dropped by 0.46% while the Japanese Yen dropped by 0.52%!

Do we see the JPY or SGD not being accepted in other countries?  Of course not. But the zombies refuse to believe this. Among this year’s worst performers (year-to-date) in East Asia are actually the Philipine Peso and China Yuan.

According to Twitter’s @econsmalaysia, since Trump’s victory the Japanese Yen has lost 9.1% of its value against the Greenback compared to 5.6% for the Ringgit. So pray tell how is the Ringgit the worst performing currency in Asia?

There seems to be nothing good to come out of anything a Malay would say or do, and any move made to strengthen Islam in this country is regarded by the non-Muslims, as unconstitutional or done not in consultation with the non-Muslims.  Since when does Article 11 of the Federal Constitution requires the management of affairs of one’s religion needs the accord of others?   Why are the other races not respecting the position of Islam as the Federation’s religion? Does this not reflect what was done to the Malays back in 1947 when the religion of the land was not respected by other races?

“The violation of the sanctity of Islam also became a factor in the bloody Sino-Malay conflict (WO 172/9773. No.30: 478) when the Bintang Tiga/CPM disrupted religious activities in Muslims places of worship.  This started in Batu Pahat, Johor, just before the surrender of the Japanese occupiers, during the Muslim month of Ramadhan.  Muslims were forbidden from congregating at mosques or suraus to perform the Terawih prayers (Hairi Abdullah, 1974/5: 8-9).

The same occurred in Perak and some parts of Batu Pahat where Muslims were gunned down and burnt together with the mosque they were in during Friday prayers.

Mosques and suraus were often used as places of meeting for the Chinese community (WO 172/9773, No.30: 478) and were tainted by incidents such as slaughtering of pigs, and mosques’ compound was used to cook pork, where Malays were forced to join the larger Chinese groups.

Pages were torn from the Quran to be used by the Chinese using these mosques as toilet paper.”

And you want to blame the Malays for wanting to unite?

umno

UMNO is 70 this year.

Whether we like it or not, communal politics shall remain the main feature of Malaysian politics.  Although the Federal Constitution places Bahasa Malaysia as the official language and medium of instruction, MCA, MIC and other communal parties including the self-proclaimed multiracial party DAP will continue to fight for the existence of the vernacular schools which is among the reasons this country continues to produce an ever divisive society.

And although the Federal Constitution places Islam as the religion of this blessed nation and although the Federal Constitution also gives the right to for each religion to manage its own affairs, we get BN component parties questioning the Syariah Court (Criminal Jurisdiction) Act amendments which does not affect them and claims that it would lead to double jeopardy – a claim so ludicrous that it makes me wonder how these lawmakers even made it to Parliament not knowing that Article 121(1)(1A) of the Federal Constitution stated clearly that neither the High Court of Malaya and the High Court of Sabah and Sarawak have any jurisdiction in any matters that are within the jurisdiction of the Syariah Court.

And DAP as well as its puppets (PAN, Pribumi, PKR, BERSIH) will hitch a ride on this communal collision course to ensure that the wagon cannot be steered to safety.

The basic question that was raised during the Pemuda and Puteri meetings revolved around the rising cost of living.  Ridzuan Ahmad (Pemuda UMNO) from Negeri Sembilan quoted a makcik selling pisang goreng who lamented the rise of fuel prices as well as the smuggling of cooking oil to foreign countries that has caused the removal of subsidies. Norsarfinaz Mohd Azman (Puteri UMNO) of Pahang told the government not to sugar-coat the economic situation from the public.

While the questions above are valid questions, what has the Pemuda as well as Puteri UMNO delegates done to understand and explain things to the masses?

As a layman and a non-UMNO person, I can proudly say I have explained this better to the masses.  Therefore, I find it odd that even with a strong Information Machinery, Pemuda UMNO finds it difficult to explain to the masses about the benefits of the withdrawal of subsidies.  On the question of hoarding and smuggling of cooking oil, it is not an easy task to prevent smuggling.  Nevertheless, one cannot expect the government agencies to achieve success if the public does not cooperate in reporting such activities to them.

I don’t think the government has sugar-coated anything. In his Budget 2017 speech, Najib Razak spoke about the drastic reduction in earnings from the oil and gas industry.  This has been made up by the introduction of the GST which saw an increase in the number of businesses having to pay taxes to the government as opposed to them collecting tax from their customers but under-declare earnings to the government previously.  Furthermore, household essentials are mostly zero-rated items under the GST scheme thus there is no tax on most food items nor should it affect households.

If it does, then again it becomes the responsibility of the masses to assist government agencies by reporting such occurrence to them.  Has this been conveyed to the voters?

We can all whine about the cost of living but what have we, especially those in UMNO done, to actually come up with solutions to accompany the problems that they put forth to the party management?  Is it fair that the party management is given the burden to think of solutions but the whole party bathe in all the glory when a solution works without the participation of the grassroots?

Even the non-Malay and non-UMNO Miss Lim Sian See could explain things better than most!

Perhaps, in this final stretch before the 14th General Elections, party wings organise workshops on improving the standards of living rather than go on trips or exclusive makan-makan events.

However, on my Facebook this morning I received a message from a friend asking is the Ringgit really bad and are the rakyat truly suffering?  This was the message:

fullsizerender

UMNO party members should be more selfless.  I watched the commentary by one of the panelists on RTM1 just before Najib Razak delivered his speech and it was an interesting piece when he said the Opposition is more on the ground and stand on the a level platform as do the people in the rural areas, while UMNO members spend more time at high-end coffee places and surround themselves with ‘loyalists.’

Najib Razak also touched on this in his speech:

“Bercakap tentang tanda hormat, acknowledgement and respect terhadap Wanita ini, saya berasa begitu sayu dan tersentuh apabila mendengar cerita tentang wirawati-wirawati Wanita UMNO yang tidak didendang, namun telah berkorban jiwa dan raga demi kepentingan parti.

Kisah tauladan yang saya maksudkan, adalah tentang Puan Saridah binti Ibrahim, Nombor Ahli UMNO 01441342, Ketua Wanita Cawangan Bandar Baru Selayang, juga merangkap Ketua Penerangan Wanita Bahagian Selayang.

 

Beliau terlibat dalam kemalangan jalanraya sewaktu pulang dari berkempen untuk Barisan Nasional, semasa Pilihanraya Kecil DUN Kajang pada tahun 2014.

 

Sesungguhnya, saya berasa sungguh sebak dan terharu, melihat keadaan Puan Saridah kini… yang penuh semangat, walaupun dalam keadaan yang uzur, beliau sanggup hadir bersama kita.”

Such is one of the selfless acts that UMNO members should emulate.  Najib Razak rightfully gave respect to Wanita UMNO which forms the backbone of UMNO – with 1.3 million members from a total of 3.5 million members nationwide.  Pemuda UMNO has about 600,000 while Puteri UMNO has close to 400,000.

However, questioning the race of a GLC boss by a Wanita UMNO member, was not something smart.  Arul Kanda is not a Malay although he is a Muslim, but it is his expertise that is sought to handle GLCs in the manner that they should be.  We cannot just appoint someone just because he is a Malay and expect things to be rosy.  Look at FGV, for instance. I shan’t say more.

Najib Razak also pointed out on how the government has provided medical treatment to its people for next to free. Transformation Centres that run daily until 10pm.  And for the benefit of Ridzuan Ahmad and Norsarfinaz, the government provides RM200 in assistance per person for the 400,000 small-scale farmers and rubber tappers during the monsoon season.  On top of that, the 60,000 fishermen in Malaysia are being given a special allowance of between RM200 to RM300 per month for the whole year.  For padi farmers, RM1.3 billion is provided to subsidise the purchase of seedlings, fertilisers and price of rice to make them more competitive.

Yet, people still call the government zalim not knowing what the word really means.

The zalim are the ones who, when in office, make solemn oaths proclaiming Wallahi Watallahi Wabillahi which all literally mean ‘and by Allah.’  When they are sworn into office, in Parliament as cabinet members, they took an oath Wallahi Wabtallahi Wabillahi to protect government secrets and not disclose them to anyone under whatever circumstance; then as party leaders they swore Wallahi Watallahi Wabillahi to protect the sanctity of Islam as the religion of the Federation, and uphold the Malay rights as leaders of UMNO, yet when they fail to fulfil their self-interests, they leave the party and take sides with those who actually attack Islam and the Malay rights.

Those, as Najib Razak mentioned in his speech, are munafiks (hypocrites).

At 70, UMNO is still young. It shall remain youthful for as long as it is able to draw the support of the younger generation and continues to not only listen to grouses but able to provide solutions as well as explain well to the masses.  It is those weary ones, who from the start never align their aspirations with that of UMNO’s (putting self-interest forward) who will cause UMNO to feel weary.

These are the people who would just dump everything, leave, and then attack UMNO out of frustration.

As Najib Razak quoted of the national literary figure Usman Awang and the Melayu-Riau literary figure Tenas Affendy at the beginning of his speech:

Melayu itu orang yang bijaksana,

Budi bahasanya tidak terkira,

Kurang ajarnya masih beralas dan bersantun,

Kalau berkelahi biarlah cara Melayu,

Kalau menikam pula, pun dengan berpantun,

Walau menyanggah dikuntum senyum.

Kalau merayu dan meminta,

Hendaklah pada yang kasih dan sudi memberi.

Mencontoh biarlah pada yang senonoh,

Berteladan pada yang sepadan.

Adil menjadi hakim,

Amanah dalam bersumpah,

Sekalipun begitu,… walau watak Melayu menolak permusuhan, setia dan sabar tiada sempadan,…

biar berkecai tulang,… hatta hancurnya badan,…

pantang pendekar, meninggalkan gelanggang!!!

 

This morning I was labelled a ‘Malay supremacist‘ by two non-Malays on Twitter for presenting my views on the Syariah Court (Criminal Jurisdiction) Bill to be proposed by PAS President Haji Hadi Awang.  They claim that I was trying to push my idea to them but at the same time ignore the fact that they were pushing their views to me for me to accept.

Then, I saw this on The Star and cannot believe my eyes that this is being said by our very own lawmakers!

A screenshot of The Star on the objection to having two legal systems

A screenshot of The Star on the objection to having two legal systems

Imagine our lawmakers, all born before Malaysia was formed, do not know that the two legal systems have been in place even before 31 August 1957, and was adopted into the Federal Constitution of 16 September 1963 when it was accepted by both North Borneo and Sarawak that entered a Federation with the other states of Malaya to form Malaysia.  The Federal Constitution even says that the Attorney-General does not have any jurisdiction over Syariah matters – clearly drawing the line between the two systems.

I have written at length on this matter prior to this.  Please refer to the following:

  1. Being Hard Over Hadi
  2. A Storm In The Hood Over Hudud
  3. Lighting The Wrong Path

The fear came about when Kelantan state assembly passed its Syariah Offences (II) Enactment last year that includes crimes of theft, fornication and so on prescribing the amputation of limbs, stoning et cetera.  Since the punishments prescribed are ultra vires in nature, Hadi Awang sought for the amendments to the Syariah Court (Criminal Jurisdiction) Act, 1965 (Act 355), dubbed by the uninformed as the Hadi Bill or Hudud Bill.

Citing the Bill as unconstitutional, the ill-informed began to attack the Bill at its earliest stage; while the Opposition uses it to mount attacks on UMNO for supporting the proposal to be tabled in Parliament, conveniently forgetting that the Federal Constitution is the supreme law of the land.

What Can Hadi Propose?

The following is the list of items that Hadi can seek amendments to:

img_3913-1

Only the ones in red (Enabled) are the ones Hadi Awang could hope to propose in his Private Bill.

Does The Bill Affect Non-Muslims?

Like I mentioned, the two legal systems have co-existed in Malaysia since the formation of Malaysia. Let us see Section 2 of the Act:

Oh! The Act applies only to Muslims! So why are people jumping like monkeys?

Oh! The Act applies only to Muslims! So why are people jumping like monkeys?

And did Hadi Awang seek to include the non-Muslims in his amendments?

It still says 'those professing Islam' as religion. Again, why do people jump like monkeys?

It still says ‘those professing Islam’ as religion. Again, why do people jump like monkeys?

So, no. Whatever you say or think, this law DOES NOT APPLY TO NON-MUSLIMS!

THIS LAW WILL PROMOTE DOUBLE JEOPARDY AND IS UNCONSTITUTIONAL

Have you no brain?

Hadi Awang merely seeks to increase the penalties, not expand the jurisdiction of the Syariah court!  As per the table above, all offences covered by either the Penal Code or by any other law that was made under the ambit of the Federal Constitution cannot be charged under the Syariah law.

So how can there be double jeopardy? Murder, robbery, rape, sodomy, are all offences under the Penal Code of Malaysia.  You cannot charge these offences under the Syariah law.

How Is The Process Now? What Does Hadi Awang Have To Do?

Any Member of Parliament not representing the ruling government who wants to table a Private Bill will have to apply to the August House for leave to do so. At the same time the said MP is to submit the Bill with an explanatory statement of reasons and objectives of the Bill.

Every such application will have to be in the form of a motion. Only when the House agrees with the motion will the Bill to have been deemed as being read for the first time.

After the first reading the Bill will then be printed and circulated to all members and the Minister in-charge of the subject of the Bill for scrutiny.  Only when the Minister in-charge is done with the Bill will it then be reported to the House.  After this report is made, the Bill shall be set down for second reading.

There are more stages and hurdles for the Bill to have to go through before it finally makes it as an approved Act, or thrown into the bin.

We are now still at the first stage – the application.

What Else Does The Federal Constitution Say About Each Other’s Religion?

We have Article 11(3)(a) in our Constitution which states:

Every religious group has the right to manage its own affairs

By intruding, isn’t this right given also to the Muslims in Malaysia being denied by the non-Muslims? Remember, Islam is the religion of the Federation and others are given the rights to practice theirs in peace and harmony.

So, why intrude into our affairs?

Alwi_Jantan

Tan Sri Alwi Jantan

There is nothing wrong with wanting to be a moderate.  Moderation is what is preached in Islam.  Moderation is what seems to be eroding by the day not just in Islam, but in other religions and cuts across the racial board as well.  And this applies to every single country there is on the face of this Earth.  And to have a group of people advocating moderation is a more-than-welcome effort in this young-but-amnesiac country that seems to have lost all institutional memory of the events that had brought about the Federal Constitution of Malaysia.

Reading the The Star’s interview with Tan Sri Alwi Jantan (Torchbearers for founding fathers – Sunday, 4th September 2016) I cannot help but agree to some of his points, but at the same time feel as if there is some form of misguidance, or misinterpretation of the Federal Constitution, and a deliberate misleading on the respected Tan Sri’s part.

I agree that rather than focusing on petty issues such as whether or not the Langkawi statue is haram, the religious councils as well as JAKIM should focus more on the development of correct as well as balanced knowledge on Islamic subjects such as TauhidFardhus Ain and Kifayah.  This is important to counter the influence of deviationists especially that of the Da’esh.  However, religious as well as racial extremism is not confined to Islam alone.  In the name of pluralism as advocated by the G25, there should only be single-stream schools.  Children who do not grow up together will grow up apart. We can never talk about unity and understanding if we do not understand each other.  Preserving the mother-tongue can be done after formal classes are over and this can be done at the school itself, perhaps after lunch. So could the Islamic religious classes. In the latter category, this would ensure that correct teachings are being imparted to the children rather than by private religious schools whose curriculum are not being monitored effectively by the religious councils. Also that way working parents do not need to worry about the whereabouts of their children and can pick them up at school after work, or a similar arrangement could be made.

In a plural society such as ours, the need for our children to grow up together for the sake of unity is paramount. Sending children to separate schools based on mother tongue rather than a common national language is against the spirit of the Constitution. When the Constitution was being drafted for it to be in operation by Merdeka Day 1957, the Reid Commission adopted the Alliance’s (UMNO, MCA and MIC) proposal to establish Malay as the official language of the Federation. However, there were differences on how to go about with this.  Ng Ek Teong, the MCA representative submitted that English should be allowed to be used for official purposes for a minimum of 10 years. MIC was in support of this.  Both MCA and MIC also proposed for Mandarin and Tamil be allowed to be used in the legislatures for a minimum period of 10 years.  UMNO however proposed that English be allowed to be used for a maximum period of ten years after independence. Ng Ek Tong told the Commission that this would only serve as a temporary measure (Colonial Office CO 889/6, Minutes of Alliance hearing before the Reid Commission, 27 September 1956, pp 290-294).  Tunku Abdul Rahman however said:

“At the end of 10 years, the general trend will be that people will still demand for it and the people who propose it now are not sure that they would be there to guarantee it. It is bound to cause a lot of debate later on.” (Ibid.)

Even Lord William Reid himself was not in favour of the proposal by MCA and MIC saying that it would cause practical difficulties (Ibid/Making of the Malayan Constitution, Joseph M Fernando, pp 128-129).  It was for this reason that the Tunku promoted the Rumi script for the Malay language at the expense of the Jawi script to enable the non-Malays to learn the national language rapidly (Tunku Abdul Rahman (1984), op. cit., pp. 112-114).  This has been enshrined in Article 152 of the Federal Constitution as well as in the National Language Act, 1963/1967.

The reality of it now is that the migrant workers from Bangladesh, Pakistan and Myanmar are more able to grasp the Malay language than many of our own Identity Card-wielding citizens.  Mind you, they also stood still at Dataran Merdeka while the NegaraKu was being played. Our own citizens refuse to stand up when the NegaraKu was being played in the cinemas, extinguishing the very torch of our founding fathers.

The Constitution is secular only up to a certain point. The Reid Commission, commissioned by both Her Majesty The Queen of England and the Malay Rulers had initially omitted a proposal by the Malay Rulers to have Islam as the religion of the Federation.  Reid saw it fit that matters of religion be handled only by the Ruler of the respective States, and that the special position of the Malays be reviewed after 15 years.

When the report was published, the strongest objections came from the man revered by Malaysians now as the father of multiracialism – Dato Onn Jaafar, who as the leader of Parti Negara said that the Malays had been let down.  PAS claimed that the Malay interests had been cast aside (von Vorys (1975), op. cit., p.132). Hence, the Tunku later submitted that Islam be made the religion of the Federation with two provisos added: first that it would not affect the position of the Rulers as head of religion in their respective States; second, the practice and propagation of other religions to the non-Malays in the Federation would be assured under the Constitution (UMNO/SUA 154/56, Minutes of Alliance ad-hoc political sub-committee meeting, 2 April 1957).

Sir Donald Charles MacGillivray personally felt that such a provision would be advantageous because the Yang DiPertuan Agong could at the same time become the head of the faith in the Settlements of Penang and Malacca (CO 1030/524 (10), MacGillivray to Secretary of State, 25 February 1957; See also CO 1030/524 (18), MacGillivray to Secretary of State, 21 March 1957).

Fast forward to the present, Article 3 of the Federal Constitution has clearly mentioned Islam as the religion of the Federation with the Rulers being the Head of religion in their respetive States, while the Yang DiPertuan Agong becomes the Head of religion in the States of Pulau Pinang, Melaka, Sabah and Sarawak, as well as in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.  It is not an official religion but the religion of the Federation.  The provisos added to safeguard the practice and propagation of other religions are now enshrined in Article 11 with limits to propagate given in Clause 4 of the said Article, to safeguard and honour the position of Islam as the religion of the Federation.

There is even a separation of jurisdiction when it comes to the position of Islam in the Federal Constitution.  The Syariah Law comes under the purview of the respective Rulers, and the Attorney-General of Malaysia, under Article 145(3) does not have the jurisdiction over proceedings before a Syariah court, a native court of a court-martial.  This separation of jurisdition is also present as provided by Article 121(1A) where both the High Court of Malaya and High Court of Sabah and Sarawak do not have any jurisdiction over Syariah matters.  Therefore, the respected Tan Sri should be aware that, borrowing the words of Sir Stamford Raffles in a 1815 letter to his cousin 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”. (Seademon, A Case For God, 1 Jan 2013) .

Even Act 355, the Syariah Courts (Criminal Jurisdiction) Act, 1965 (last revised in 1988)  states the following:

1. (1) This Act may be cited as the Syariah Courts (Criminal Jurisdiction), 1965.

1. (2) This Act shall apply to all the States of Peninsular Malaysia.

2. The Syariah Courts duly constituted under any law in a State and invested with jurisdiction over persons professing the religion of Islam and in respect of any of the matters enumerated in List II of the State List of the Ninth Schedule to the Federal Constitution are hereby conferred jurisdiction in respect of offences against precepts of the religion of Islam by persons professing that religion which may be prescribed under any written law:

Provided that such jurisdiction shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding three years or with any fine exceeding five thousand ringgit or with whipping exceeding six strokes or with any combination thereof.

The Act, clearly says that it first and foremost, applies to all States of the Peninsular Malaysia. It is not applicable to where the Yang DiPertuan Agong is the Head of religion ie. the Federal Territories, Sabah and Sarawak.  Second, it applies only to Muslims and any matters in List II of the State List of the Ninth Schedule to the Federal Constitution. Third, it cannot propose any punishment that prescribes any jail term exceeding three years, or with any fine exceeding five thousand ringgit, or with whipping exceeding six strokes or with any combination thereof.

Therefore, there is no question of introducing stoning to death, amputation of limbs etc.  Anything above those limitations will be referred to the Criminal Courts.

So, Tan Sri, care to explain how are secularism and pluralism being attacked with examples of provisos of the Federal Constitution or any laws made under it?

Finally, let me quote the interview given by the respected Tan Sri to The Star:

G25 has also expanded its scope to include good governance and tackling corruption. As not only the former head of the PSD but also former secretary-general in the Local Government and Federal Territory Ministry, Health Ministry and Agriculture Ministry, Alwi has focused on good governance, which he calls the precondition for a constitutional democracy: “Those in power must be made accountable for their actions and conduct.”

During his time, civil servants were able to do their jobs without fear or favour, he recalls. “The division of responsibilities between the politicians and civil servants was fairly clear cut.”

But over time good governance has been eroded at an alarming rate, he says.

“There are hardly any more checks and balances.”

What either the good Tan Sri or The Star have also failed to mention is the fact that for more than three years, Tan Sri Alwi Jantan was the Deputy Secretary-General for the Prime Minister’s Department under the founder of Parti Pribumi, Mahathir Mohamad.  Mahathir’s now good friend, Lim Kit Siang, wrote not so long ago, on Thursday, 12 February 2015 at 12.57pm:

“This shows the rot in Malaysia, but it is a rot which was started during Mahathir’s 22-year premiership, and by Mahathir himself!

Today, Mahathir is obsessed with the toppling of Najib as Prime Minister, but this is not because he wanted to stop the rot in Malaysia, to restore the independence and integrity of the judiciary and a just rule of law; to end the subversion of the independence and professionalism of national institutions whether the civil service, the police, the elections commission or anti-corruption agency; eradicate rampant corruption; restore ethics and honesty in public life; re-establish a good education system or restore Malaysia’s economic competitiveness.

Mahathir wants Najib out as the Prime Minister for Malaysia, not to stop the rot which was started by him during his premiership, but for an agenda personal to himself.

This is the rot of Hamlet in Malaysia.”

I’m surprised the good Tan Sri had made no mention whatsoever of this episode.  And he was a civil servant by definition, under the tutelage of the Pribumi person himself and remained in public service until 16 April 1990, thirteen years before Mahathir steped down.

So, Tan Sri, it is good that you want to become the torchbearer of the founding fathers of this blessed nation. However, please ensure that you are on the right path first before you decide to light that torch and guide others.


Taqweem al-SeaDemon

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