Jumaat, 7 September 2012

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Malaysia Today - Your Source of Independent News


Till death do us part

Posted: 06 Sep 2012 06:57 PM PDT

I have to admit that I have changed my position on the issue of Islamic State a number of times. In the beginning, in my disco days, I was opposed to an Islamic State. Later in life (during my mosque days) I was excited about it. I even joined the Iranians in Mekah to demonstrate against the Saudi Arabian government. And I had a poster of Imam Khomeini on my wall as well. Later, I again changed my position. Today, I no longer feel that an Islamic State would work. And I have written about this many times giving my reasons why I think this.

NO HOLDS BARRED

Raja Petra Kamarudin

"Till death do us part," goes the marriage vows. But in many cases that never happens. In the US, about 40% of marriages end in divorce whereas in the UK it is slightly lower.

Whatever it may be, an average of more than one-third of marriages in the US and UK does not end with the death of one of the partners. It ends earlier than that and the divorce rate for second and thirds marriages is even higher, according to the statistics.

I suppose people change. Interests change. Priorities change. Age sometimes also plays a part. As we get older we change our mind or our value system. Sometimes familiarity breeds contempt. There could be many reasons or a combination of reasons as to why some couples are just not able to keep their marriage vows.

Or it could be because you got tired of eating curry every day and now you want to change your diet and taste some tom yam. Some people tell me that when you eat curry at home every day you sometimes want to go out for some tom yam. The only thing is, don't get caught lest your wife does a 'Bobbit' on you.

Change is the only thing that is constant, if you know what I mean. In my younger days, I used to love going to discos (what kids nowadays call clubbing). By the time I was 27, I preferred to spend my time at the mosque listening to the ustaz preach religion.

Another 27 years later -- by the time I was 54 (that was eight years ago) -- I got bored with the same old sermons. We appeared to be going nowhere with all this talk regarding rukun and hukum. I wanted to know more, not just about batal wuduk, batal puasa, batal sembahyang, hukum nikah, hukum cerai, and whatnot. So I stopped going to the mosque to listen to sermons that I had been hearing for more than half my life and which I already knew by heart and could utter in my sleep.

I suppose this is what the journey of life is all about. As you travel farther down the road you begin to see things differently and this changes you and the way you look at things. And when you reach the forks or junctions in your life you may decide to take the left lane rather than the right lane, as you have been doing so many times before.

I mean, when you keep taking the same right lane every time and you find that the scenery does not change you might, out of curiosity, decide this time to try the left lane to see what happens. Then you discover that the left lane actually offers the answers to the questions you have been asking for decades but never found the answers to.

It is no different in politics. Anwar Ibrahim, in his secondary school days, was fiercely anti-British. Considering that Malaya (not even 'Malaysia' yet at that time) had just gained independence barely three years before that, this is not surprising. The Merdeka spirit still burned very strongly in many people in 1960, Anwar included.

But as we got farther and farther away from 1957, Merdeka got reduced to something that we read in the history books. Why did Anwar need to continue screaming about Merdeka when we were already Merdeka? Anwar then began to talk about Malay nationalism. And with that he talked about the Malay language and why Malay should replace English, even for the street names.

Anwar's nationalist fight from 1968 to 1971 was through the Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM) and the Persatuan Bahasa Melayu Universiti Malaya (PBMUM).

Thereafter, Mountbatten Road got changed to Jalan Mountbatten and eventually to Jalan Tun Perak. Birch Road (named after the eighth Resident of Perak, Sir Ernest Woodford Birch) was renamed Jalan Birch and again to Jalan Maharajalela -- named after the man who killed James Wheeler Woodford Birch (the first Resident of Perak) -- and many more all over the country.

In 1974, Anwar was detained under the Internal Security Act. Not long after that, Anwar became an Islamist and started to fight for more Islamisation through the Angkatan Belia Islam Malaysia (ABIM), which was formed in 1972. In those days, Anwar worked very closely with the Islamic party, PAS, and was a strong supporter of the Iranian Islamic Revolution of 1979, as was I.

In 1982, Anwar did a U-turn and, again, became a Malay nationalist when he joined Umno.

I must admit that in the early 1960s I disagreed with Anwar's anti-British and pro-Malay language stand. But after he got released from ISA and became an active Islamist around 1976-1977 (by then I was already an Islamist myself, as I explained above), I did a U-turn and supported him. I would attend most of the rallies that PAS organised in the East Coast where Anwar was a speaker.

But when Anwar joined Umno in 1982, I washed my hands off him. There was one occasion when he flew to Kuala Terengganu with his Umno Youth entourage and I completely ignored him although I was seated right behind him in the plane. By the way, he also ignored me, so it was mutual.

Then, of course, that brings us to 1998, but I have already told that story so many times before so maybe it is not necessary that I talk about it again. Suffice to say, in 1998, I forgave Anwar for his betrayal and rallied behind him in support of Reformasi.

But that only lasted six years. In 2004, I again 'divorced' Anwar and chose to fight my own battle through Malaysia Today, although I still aligned myself to the opposition, in particular DAP, who I campaigned for in 2008.

Sometimes marriages last. Sometimes they do not. In the US and the UK more than one-third of marriages do not. But it happens and even the 'till death do us part' vow uttered in church do get broken. Nevertheless, when the relationship no longer works you need to just move on and look for a new relationship. Even then there is no guarantee that the next one will work.

Will, under such a situation, an anti-hopping law work? Is it even democratic in the first place? What about freedom of association, as enshrined in the Constitution? Do we remove that Article that guarantees all Malaysians freedom of association? Basically, that is what it would tantamount to.

Say, you are a member of DAP. And, say, DAP agrees to hold a referendum on whether Malaysia should be turned into an Islamic State with the Islamic law of Hudud as the law of the land. And, also say, DAP agrees that if 51% of Malaysians vote in favour of turning Malaysia into an Islamic State then DAP will not oppose it.

Would you agree to that? Would you be of the opinion that the voting will be clean and honest and that there will be no rigging? Would you accept whatever the outcome of the referendum because it is your party's decision and you will not oppose your party's decision although you are opposed to an Islamic State?  Or would you want the freedom of resigning from DAP because you are of the opinion that an Islamic State will not work for Malaysia?

I have to admit that I have changed my position on the issue of Islamic State a number of times. In the beginning, in my disco days, I was opposed to an Islamic State. Later in life (during my mosque days) I was excited about it. I even joined the Iranians in Mekah to demonstrate against the Saudi Arabian government. And I had a poster of Imam Khomeini on my wall as well. Later, I again changed my position. Today, I no longer feel that an Islamic State would work. And I have written about this many times giving my reasons why I think this.

Yes, changing your position does happen. And you may have reasons for that although others may not share these reasons. But this is what democracy is all about -- the right to change your mind and your position. Hence, if this right is taken away from you, then democracy itself has been removed.

Anwar has changed his position a few times, as have I. But to condemn Anwar for his ever-changing position when he has every democratic right to change his views (as he gets older) is a violation of these rights. We all change, as we get older.

My friend from DAP, YB Ronnie Liu, used to be a Communist in his younger days. But weren't many of us Communists when we were younger, me included? In fact, I still buy and wear Che Guevara T-shirts even until today. However, as we mature and as we lose some at that idealism, we begin to change. Today, Ronnie is as Communist as Madonna is a virgin.

In short, till death do us part is a fallacy. And even the Catholic Church has had to reluctantly accept this reality. But would a Catholic cease to be a Catholic just because he or she broke her marriage vow of 'till death do us part'?

 

The Istana influence in politics

Posted: 03 Sep 2012 06:56 PM PDT

The Istana influence in politics and elections should not be downplayed or underestimated. Tengku Razaleigh Hamzah understood this well when he said that the Rulers are the symbol of kedaulatan Melayu. Hitting out at the Rulers would be as 'criminal' as someone stepping on the Malaysian flag. What harm is there in stepping on the Malaysian flag? Has anything been lost?

NO HOLDS BARRED

Raja Petra Kamarudin

Malaysia's 1990 general election was the worst election performance for the ruling party since 1969. Barisan Nasional won only 53.4% of the votes and 70.55% of the seats. The opposition, which won 46.6% of the votes, performed almost as good as it did in 2008 when it garnered 46.76% of the popular votes. The biggest blow to the ruling party, however, was that it got massacred in the state of Kelantan, which fell to the opposition and has remained opposition ever since.

DAP, which for the first time was in a loose coalition with Semangat 46 -- called Gagasan Rakyat -- won 20 Parliament seats. PBS, another Semangat 46 'partner' in Sabah, won 14 seats while the Angkatan Perpaduan Ummah or APU coalition with PAS won 15 Parliament seats plus the Kelantan State Assembly.

Now, what is so special about the 1990 general election?

1990 was the first general election after the (second) Constitutional Crisis of the 1980s (there were two incidences in the 1980s but Umno lost the first one and won the second one). And in that Constitutional Crisis Annuar Musa, the Umno Chief for Kelantan, called the Kelantan Sultan stupid in a speech he delivered in Kelantan while Anwar Ibrahim called His Highness a smuggler (regarding the Lamborghini incident).

This infuriated the Sultan who openly declared war on Umno and which resulted in Umno getting whacked big-time. Even Umno members voted opposition in huge numbers.

Since then both Tun Dr Mahathir Mohamad and Umno have learned their lesson. The Monarchy may be only a Constitutional Monarchy and without executive powers, and some may even view the Monarchy as outdated and no longer relevant, but the Malays still regard the Monarchy as a 'sacred cow' that should not be dragged though the mud -- just like how they feel about Islam, the Malay language and kedaulatan Melayu.

No doubt 'modern' Malaysians cannot grasp this 'weird' sentiment and they just do not understand why those 'old' values can still have a bearing on how Malays vote. This is, of course, a very 'rural' thing -- hence urban Malaysians would not understand this. But if you have lived in a kampong, like I did for 20 years from 1974-1994, then you will appreciate how the Malay mind works and what makes them tick.

I mean, you may not see the significance of Malay 'values' just like how Malays would not understand the significance of the colour red over white when you hand out ang pows during Chinese New Year. Every ethnicity has strange 'values' that the others do not understand.

The Istana influence in politics and elections should not be downplayed or underestimated. Tengku Razaleigh Hamzah understood this well when he said that the Rulers are the symbol of kedaulatan Melayu. Hitting out at the Rulers would be as 'criminal' as someone stepping on the Malaysian flag. What harm is there in stepping on the Malaysian flag? Has anything been lost?

It is not the physical loss that people are concerned about but the significance or symbolism of that act. Stepping on the Malaysian flag means pissing on Malaysia. Hence 'stepping' on the Rulers (Raja-Raja Melayu) also means pissing on the Malays.

Strange, don't you think so? I suppose no stranger than believing that white envelopes bring bad luck while red envelopes will make you rich and prosperous -- or that giving someone money in a white envelope during Chinese New Year equates to pissing on the Chinese. And isn't the crucifix also about symbolism? If not then why can't Muslims wear a crucifix? What 'physical' harm does it do?

I cautioned my friends in the DAP (YB Ronnie Liu can conform this) that the Selangor State Government has to step very cautiously when dealing with the Rulers. You can't always say yes, no doubt, I told Ronnie. Sometimes you may need to say no. But you must know the 'correct' way of saying no so that 'no' is not taken as a rebuke or a snub.

And that is the most difficult thing whenever protocol is involved. And proper protocol 'education' is not something you are born with. It is something you acquire along the way. Even the underworld has certain protocol, which you need to observe. Just walking requires protocol as well because walking side-by-side, walking in front, and walking behind, mean different things and will send different messages (read: Rosmah Mansor).

But observing proper protocol requires putting aside egos. Observing proper protocol is an admission that you are subservient to convention. Walking upright into a room where an elder or senior is seated or walking slightly 'bent' means two different things. Gesturing or pointing with your finger and gesturing or pointing with your thumb also means two different things.

Those of you who complain that you were extorted or beaten up by triad members back in your schooldays in the 1960s probably failed to understand the importance of protocol -- the correct and incorrect hand gestures, when to and when not to have eye-to-eye contact, etc.

Yes, even the underworld practices protocol, as does the Istana. And if you need to deal with the Istana you had better learn the proper manners or else limit your dealings as far as possible. Of course, when you are in government this is not always a choice open to you.

I know…I know…many of you are now going to say that you don't care a damn and that this is so feudalistic and outdated and whatnot. That is well and fine maybe from where you sit. But when the majority of the Malays are still feudalistic and when many of the seats are Malay-majority seats it matters. And let us not discover the hard way like Umno did in 1990 that what they thought does not matter, in fact, does matter and then we pay a heavy price for our arrogance and ignorance.

Oh, and one more thing, Anwar Ibrahim, alongside Dr Mahathir, of course, is viewed as an enemy of the Monarchy. Hence it is even more important for Anwar to not rub the Istana the wrong way. Between Najib Tun Razak -- an 'orang Istana' -- and Anwar, the Rulers would rather see Najib as Prime Minister. So be warned.

 

THE ANTI-MONARCHISTS OF THE 1980S CONSTITUTIONAL CRISIS

 

Remember we did this in primary school?

Posted: 03 Sep 2012 04:11 PM PDT

Do you remember back in primary school when we were still kids and when we quarrelled we would 'step on your father's head'? We did this by throwing a piece of paper on the ground and then declaring that it was the head of our enemy's father before we stepped on it. After more than 50 years we are still doing that. Actually, we have never really grown up much even though we may have grown old. Our body became big but our brain remains tiny.

NO HOLDS BARRED

Raja Petra Kamarudin

 

 

Let the pictures do the talking

Posted: 02 Sep 2012 02:39 PM PDT

Many accuse me of being cheong hei. Well, today I am not going to write anything. Instead I am just going to show you some pictures and see if you are smart enough to get the message. If not then never mind.

NO HOLDS BARRED

Raja Petra Kamarudin

 

Relative to time and place

Posted: 01 Sep 2012 05:52 PM PDT

Hence we are no different now than we were hundreds of years ago. We pick and choose as to what is right/moral and what is wrong/immoral. We discard religion and apply 'modern standards' for some things (such as slavery and age of consent) but in other matters we use religion as the standard (such as what religion you must follow).

NO HOLDS BARRED

Raja Petra Kamarudin

Can we be good without God? At first the answer to this question may seem so obvious that even to pose it arouses indignation. For while those of us who are Christian theists undoubtedly find in God a source of moral strength and resolve which enables us to live lives that are better than those we should live without Him, nevertheless it would seem arrogant and ignorant to claim that those who do not share a belief in God do not often live good moral lives--indeed, embarrassingly, lives that sometimes put our own to shame.

But wait. It would, indeed, be arrogant and ignorant to claim that people cannot be good without belief in God. But that was not the question. The question was: can we be good without God? When we ask that question, we are posing in a provocative way the meta-ethical question of the objectivity of moral values. Are the values we hold dear and guide our lives by mere social conventions akin to driving on the left versus right side of the road or mere expressions of personal preference akin to having a taste for certain foods or not? Or are they valid independently of our apprehension of them, and if so, what is their foundation? Moreover, if morality is just a human convention, then why should we act morally, especially when it conflicts with self-interest? Or are we in some way held accountable for our moral decisions and actions?

Today I want to argue that if God exists, then the objectivity of moral values, moral duties, and moral accountability is secured, but that in the absence of God, that is, if God does not exist, then morality is just a human convention, that is to say, morality is wholly subjective and non-binding. We might act in precisely the same ways that we do in fact act, but in the absence of God, such actions would no longer count as good (or evil), since if God does not exist, objective moral values do not exist. Thus, we cannot truly be good without God. On the other hand, if we do believe that moral values and duties are objective, that provides moral grounds for believing in God.

Dr. William Lane Craig

****************************************

That was just three paragraphs of a long thesis by Dr. William Lane Craig, which I had to read for my Philosophy of Religion course. Basically, we were going through the various arguments to support the belief regarding the existence of God and one of those arguments was that God certainly has to exist since God is the source of morality. Hence, since morality exists then God definitely has to exist.

Hence, also, we know what is right and what is wrong because God 'tells' us what is right and what is wrong (or implants in us the notion of right and wrong) and if there were no God then we would not know what is right and what is wrong. (Note: this is just one of the various arguments that theists use to support the view that God exists).

In my essay, I disagreed with this 'popular' view based on the argument that right and wrong are relative to time and place and are dynamic, not static. In other words, the definition of right and wrong changes over time and over regions. There would certainly be a very long list of examples to emphasis this point but let us take just a few. Slavery would be one example. At one time slavery was considered right anywhere in the world. Today, slavery is considered wrong, but only is some parts of the world.

Do you know that as recent as just before Merdeka slavery still existed in Malaya? I am not going to go into details lest I embarrass certain members of the Royal Family but just let me summarise it by saying that many of my 'adopted cousins' would be considered slaves by western standards (and I emphasis 'western standards')?

In fact, J.W.W. Birch, the first British Resident of Perak, was killed in Pasir Salak on 2nd November 1875 because of his opposition to slavery. Birch had attempted to ban slave trading in Perak and the slave traders, basically the elite of the Perak ruling hierarchy, got rid of him.

It took another 100 years before slavery really ended and I was already around to see it before it ended. No doubt this is never discussed (for obvious reasons) and Malaysians generally are not aware of this scourge. And it was not just the Malays who were guilty of this; let me assure you of that.

The point I want to make, though, is that slavery, which is considered wrong, would only be wrong depending on the time and place you happened to be living in. So, are you sure that wrong is wrong? Could it not actually be right? And does right become wrong only because you happen to live in a certain region and in a certain time and that if you lived somewhere else and in another time this would be right rather than wrong?

Hence, my conclusion in the essay which I wrote was that right and wrong is relative. And since it is relative, how can morality come from God? If morality came from God then it would not change over time and region. It would be static, not dynamic. So, if you use morality to argue the existence of God, then God cannot exist because morality does not exist.

Now, when I say 'morality does not exist' I mean it in the sense that what is moral to one person may be immoral to another. Having four wives would be considered immoral, as would be the case for keeping mistresses. But that would only be immoral now, and in western society. In Muslim countries, for example, that is not immoral. So, again, time and place decides what is moral and what is immoral.

Take the definition of children, as another example. A couple of hundreds of years ago, 'children' were those who had not reached puberty yet (or girls who are yet to get their period). In 1212, tens of thousands of boys and girls aged 9-13 were sent to the Crusades. (Read 'La croisade des enfants' [The Children's Crusade] 1896, by Marcel Schwob).

Today, these 9-13-year old boys and girls are considered children but back then they were adults and old enough to be sent to fight against the Muslims. Incidentally, none of them returned home.

Hence even the definition of children changed over time and place and today sex with a 13-year old girl is considered a crime (immoral) because at 13 she is classified as still a child. In the past, though, at 13, a girl was not only old enough to get married but also old enough (moral) to be sent to war and to die for Christ.

But times have changed. Today we no longer use religion's definition of adult to classify children as adults. Today we use man-made laws and not God's law to define adults as those above 18 while those below 18 are considered still children -- although in the past a girl of 18 would be considerer too old and her chances of getting a husband at that age would be reduced drastically.

I am okay with that, though. I realise that slavery is now no-go and adults would legally be those above 18 (even though slavery is still legal in Islam). No longer can we use old standards and yardsticks. All those old values used to determine morality need to be discarded in favour of modern standards.

My only question is why is this limited to just some things? In the past, children of 13 were considered adults and at the same time children had to follow the religion of their parents. If they did not they would be killed as apostates. Apostasy, in short, was punishable by death.

Today, we ban the practice of classifying 13-year olds as adults. You need to be 18 to be an adult (in England, you can't even buy cigarettes and liquor). But we do not ban the practice of forcing children to follow the religion of their parents. Children must follow the religion of their parents or would otherwise be punished.

Hence we are no different now than we were hundreds of years ago. We pick and choose as to what is right/moral and what is wrong/immoral. We discard religion and apply 'modern standards' for some things (such as slavery and age of consent) but in other matters we use religion as the standard (such as what religion you must follow).

So, when you say this is right or that is wrong, or this is moral and that is immoral, whose standard are you applying? My standard? Your standard? Society's standard? Religious standard? Western standard? Constitutional standard? Which one?

You argue one point using one standard and another point using a different standard. You decide right and wrong and moral and immoral using what you believe to be right/moral or wrong/immoral. And you expect me to lead my life according to the standards you have drawn up.

If we wish to set certain standards and pass a law that 13 is no longer the age of consent and that an adult is someone who is 18 that is acceptable to me. In fact, that may be good. We redefine right/wrong and moral/immoral. But we should not stop there. There are many other so-called wrongs and immoralities that also need to be addressed.

And one such 'old value' that is just as outdated as classifying 13-year olds as adults is to use religious values to interfere in how I wish to lead my life. That is as outdated as sending 9-13 year olds to die in a war or to get them married off before they reach 15-16 and thus become too old to get married.

 

By whose interpretation?

Posted: 29 Aug 2012 06:42 PM PDT

Why does the age of the person determine which court has jurisdiction over cases involving illicit sex or zina? Do you mean to tell me that if you are not yet 18 then you are not yet a Muslim? Only when you reach 18 you become a Muslim? Can those under 18, therefore, drink and eat pork and go to church since you are not yet a Muslim and the Sharia court has no power over you until you touch 18?

NO HOLDS BARRED

Raja Petra Kamarudin

You may have noticed that I have not written a thing regarding former national youth squad bowler Noor Afizal Azizan's statutory rape case.

First of all, I thought that since every man and his dog was already talking about it you don't really need me to comment as well. I mean it is not quite the untold story that I normally like to dabble in. It is more like the 'over-told' story.

Furthermore, do you really need more 'noise'? There is such a thing called overkill and flogging a dead horse (an idiom). There is also such a thing called information overload, which makes people lethargic and sometimes immune to the issue. Hence 'too much' can be counter-productive.

Secondly, this appears to have turned into an opposition crusade, which is bad. Once it is perceived as a political issue rather than an issue of justice, people become divided on the issue based on political leanings and not because it is either the right thing or the wrong thing. People will oppose right or support wrong if the criteria is politics. Take crossovers as one example.

Anyway, what is my take on the issue?

Okay, are you outraged about the court's decision because you are an opposition supporter or because it is morally (or legally) wrong to not classify the case as statutory rape instead of consensual sex? (Note that even some of those in government feel the same way as you do although they speak 'gentler' in expressing their view and without the venom).

I think a more important question would be are you capable of setting aside politics when you talk about this issue -- or any issue for that matter that involves justice, civil liberties, etc? Can we leave our Barisan Nasional and Pakatan Rakyat hats outside the door and come to the table as Malaysians of common interests and concerns?

That is the one thing we find most difficult to do. It is always politics first and everything else second, even in matters such as Hudud, which is supposed to be above politics but is not.

Okay, so a man (or boy) has sex with an underage girl. My first question would be: are the men/boy and girl Muslims? If they are then this is zina (illicit sex or sex outside marriage). And is not zina a crime under the Sharia (Islamic law)? Hence should not the boy and girl be tried under the Sharia?

If the man/boy and girl were both above 18 they would have been brought to the Sharia court. Why are they not brought to the Sharia court just because one or both are below 18?

In Islam, the 'age of consent' would be the age of puberty. For girls that would be once she gets her period and that could even be when she is nine years old. According to the Hadith Sahih al-Bukhari, the Prophet Muhammad married Aishah when she was six but did not 'take her' until she was nine. And aren't Muslims supposed to believe in and strictly follow the Hadith and Sunnah or else they cease to be Muslims and would become kafir (infidels).

Hence if the girl is 13 and she already has her period, is she legally (in Islam, that is) a woman who can consent to sex or is she still a child? And hence, also, since she is a Muslim and 'legally a woman', is she accountable for her 'crime' of consenting to sex or is she blameless? In other words, if the Sharia court were to try them, would both be on trial or only the man/boy?

Okay, we can argue that the Sharia court does not come into play here. This matter does not involve the Sharia court.

Why not? If Muslims above 18 'get caught' for illicit sex they get dragged to the Sharia court. The common law court has no power to try Muslim adults who have sex outside marriage. In fact, sex outside marriage is not a crime under common law (even for Muslims) unless it is same-gender or gay sex.

Why does the age of the person determine which court has jurisdiction over cases involving illicit sex or zina? Do you mean to tell me that if you are not yet 18 then you are not yet a Muslim? Only when you reach 18 you become a Muslim? Can those under 18, therefore, drink and eat pork and go to church since you are not yet a Muslim and the Sharia court has no power over you until you touch 18?

Okay, what if the church or Christians preaches Christianity to Malay boys and girls of 13 or 14 (in short, below 18). Is this a crime? A crime under which law? Common law? Under common law it is not a crime to preach Christianity to Malay children. It is only a crime according to the Religious Department.

But the Religious Department does not have power over us until we are 18. Islam recognises 9-year olds as adults. Common law does not. We are adults only at 18. And common law decides whether we are adults. Not the Religious Department.

So how?

The question is: who has power over Muslims? The common law courts or the Sharia courts? And why does the common law court have power over us until we are 18 and then the Sharia court takes over after that? Is age 18 the 'legally adult' age in Islam? And if 18 were the legal adult age under Islam, can Muslims below 18 get married?

Yes, Muslims below 18 can get marriage on condition they are 'adults' (meaning reached puberty) and they have their parent's consent. Hence at that age they are already responsible for their own actions, even in crimes of illicit sex.

But then we are not talking about the Qur'an, Hadith, Sunnah or Islamic law here. We are talking about common law. Hence common law overrides the Qur'an, Hadith, Sunnah or Islamic law and will decide at what age you are an adult and at what age you are still a child. And you will face the common law court when you are legally a child and the Sharia court once you are legally an adult. And although Islam has decided the age of adulthood, Islam has no power over Muslims because the laws of the land and Islam do not work in tandem.

Crazy or not? In Islam, religion decides when we become an adult and hence can get married and have sex. But Islam does not have the power to decide at what age we would be considered as having consensual sex outside marriage. That the common law decides. And that age is 18.

Now, who decides when we cease being a child and legally become an adult although at the age of nine we already discovered the difference between a boy and girl and knew what to do with that thing between our legs? Well, the 222 Members of Parliament, of course. They pass all the laws and they have decided that only at age 17 we can drive and at age 18 we can have sex and at age 21 we can vote.

But why at age 17, 18 and 21 respectively?

Queen Isabella of Valois married Richard II when she was 6 years, 11 months and 25 days old.

David II married Joan, the daughter of Edward II, when he was 4 years and 134 days old.

Louis XIV of France became King at age 5 and took over full control at 23.

Joan of Arc led the French against the English at age 17.

And of course we have that story regarding Aishah, the wife of Prophet Muhammad.

In those days, you married as soon as you legally became a woman, which was when you got your period, and would have been around age 9-11. At age 10-13 boys joined the army and fought and died for their country. These were ages when you were no longer children.

I know, times have changed and we no longer consider girls of 10 or boys of 13 as adults. That may be so when it comes to common law but not if we consider religion.

So, are we outraged about the case of Noor Afizal Azizan because we perceive it as him having sex with an underage girl and the law says a girl of 13 cannot consent to sex and hence he broke the law? Okay, so it is the law that we are concerned about, am I correct?

The law says that a girl of 13 cannot consent to sex. This is a law passed by Parliament, the body that can legally pass laws, which we all must follow. And since Noor Afizal Azizan broke the law passed by Parliament we are outraged.

Okay, I can accept that. The law must be followed. After all this is a law passed by Parliament. But hold on, Parliament also passed a law that says we must get a police permit if we want to hold a demonstration. Should this law not also be followed since we are extremely concerned about the law? Was Tunku Abdul Aziz Tunku Ibrahim therefore correct in that the law must be followed?

Hmm...touché or not touché?

 

Touché

Posted: 28 Aug 2012 06:47 AM PDT

Itulah. When I try to tell you, you cakap macam-macam. Now I diam. And now that I diam you all are foaming at the mouth like rabid dogs. Hey, just focus on the next general election. Just vote Pakatan Rakyat. Why worry whether Cina bertanding kawasan Melayu or Melayu bertanding kawasan Cina or whether after this we are going to get Hudud or Muslims keluar Islam masuk Kristian? All that never mindlah! What matters is asal bukan Umno. Itu saja.

NO HOLDS BARRED

Raja Petra Kamarudin

To the Malay-medium or Chinese- and Tamil-educated readers who think that 'the devil you know' refers to a verse in the Qur'an or Bible, touché means...oh what the hell, go look it up yourself.

Is it too early to write another 'I told you so' article? Well, as they say, the early bird catches the worm, so it is never too early to say 'I told you so'.

Now, for those of you who don't speak English at home or English is not your mother-tongue -- my late mother was British so I suppose I can claim that English is my mother's tongue -- I am NOT admitting that I am a bird or that I eat worms, although I do have a 'bird', if you know what I mean. This is what we English-speaking people would call an idiom, the latest topic of discussion in Malaysia -- alongside Hudud, crossovers, and other such matters.

Anyway, back to the early bird catches the worm thing.

I did try to tell you so many times about the unresolved issues facing Pakatan Rakyat. And I did not just write about it in Malaysia Today. I even said this to Anwar Ibrahim's face in a forum in London. I did not hold my punches (an idiom). I said it no holds barred (yet another idiom).

And this got not only Anwar but also all the other Pakatan Rakyat leaders hot under the collar (yes, another idiom). Finally, I decided to say what I had been trying to tell them in interviews in the mainstream media.

Boy, and did all hell break loose (correct, again, an idiom). They felt I was trying to teach grandfathers how to suck eggs (a Malaysian-Chinese idiom which means...hmm...not sure what that means because I am a grandfather of five grandkids and I certainly don't suck eggs).

Then they started accusing me of being on someone's payroll and demanded to know where my funding was coming from. And, today, Suaram has come out to admit that it is indeed being financed through foreign funding to the tune of RM100,000 a month for the last many years (read about it here).

So there you are. Touché.

Then there was the matter of crossovers plus the lack of quality of the people that Pakatan Rakyat was attracting that I spoke about. Now even the Pakatan Rakyat people are divided on whether it is morally right to poach politicians from the opposite side of the fence. And many voters have said that in the coming general election they will be voting based on candidates and not based on parties.

So, again, touché!

I also spoke about the lack of unity in Pakatan Rakyat and how DAP, PAS and PKR tidur satu bantal tapi mimpi lain-lain (a Malay idiom). I touched on the inter-party and intra-party bickering and how the issue of seat allocations and who should be taking the lead needs to be resolved.

And today, again, touché!

Then there is the matter of Hudud, which had earlier resulted in the breakup of the opposition coalition, Barisan Alternatif, followed by the 2004 general election disaster, and how this matter needs to be resolved before Pakatan Rakyat faces the coming general election (read about it here).

And, yet again, touché!

Okay, those are just some of the issues I have been screaming about. There are many more, of course. And when they responded with personal attacks against me, and allegations of mala fide and paid assassin and so on, I took to the mainstream media and that was the straw that broke the camel's back (yeap, one more in my string of idioms -- don't you just love this English language lesson?).

So, what more can I say other than touché? I am not really that silly after all, am I? Now I keep quiet. Now I just watch and snigger while all you buggers squeal like a stuck pig (you got it, another idiom).

So, why make so much noise about Hudud? You want ABU (anything but Umno), right? Hudud is not Umno. So why get so upset? As long as it is not Umno then diamlah!

Itulah. When I try to tell you, you cakap macam-macam. Now I diam. And now that I diam you all are foaming at the mouth like rabid dogs. Hey, just focus on the next general election. Just vote Pakatan Rakyat. Why worry whether Cina bertanding kawasan Melayu or Melayu bertanding kawasan Cina or whether after this we are going to get Hudud or Muslims keluar Islam masuk Kristian? All that never mindlah! What matters is asal bukan Umno. Itu saja.

Touché!

 

The trouble with mother-tongue education

Posted: 27 Aug 2012 04:11 PM PDT

I was puzzled. I asked my Chinese friends: why support the opposition and yet vote government? And these Chinese told me: "Barisan Nasional may be the devil, but better we vote for the devil we know than the angel we don't know. We know Barisan Nasional and we know how to handle them. We don't know the opposition and we are not sure what they will be like if they came to power."

NO HOLDS BARRED

Raja Petra Kamarudin

Kenyataan Mahathir memakan diri

Dalam al-Quran tiada istilah malaikat lebih buruk berbanding syaitan

Khaulah Azwar, FMT

Timbalan Mursyidul Am PAS, Datuk Dr Haron Din, menegaskan tidak ada istilah atau ayat di dalam Al Quran yang menjelaskan syaitan lebih baik dari malaikat.

"Di dalam al Quran juga tidak terdapat ayat yang mengatakan malaikat sama ada dikenali atau tidak dikenali sebagai makhluk Allah yang lebih buruk atau derhaka kepada perintah Allah."

"Malaikat dijadikan Allah sebagai makhluk yang patuh dan tidak derhaka akan perintah-Nya. Mereka akan kekal begitu sejak dari awal hingga ke akhirnya."

"Ia berlawanan dengan sifat syaitan kerana mereka memang diakui sebagai makhluk yang jahat dan derhaka kepada perintah Allah," katanya.

Pemimpin PAS itu mengulas kenyataan dibuat bekas Perdana Menteri, Tun Dr Mahathir Mohamad dalam blognya www.chedet.cc pada 22 Ogos lalu yang berharap rakyat tidak memberi mandat kepada Pakatan Rakyat (Pakatan) dalam pilihan raya akan datang.

Dr Mahathir menulis, "better the devil you know than the angel you don't" yang membawa maksud "lebih baik syaitan yang anda kenali daripada malaikat yang anda tidak kenali".

"Tiada istilah atau ayat di dalam al Quran yang menjelaskan  begitu", katanya.

Dr Haron seterusnya berkata, kenyataan Dr Mahathir itu ternyata memakan diri sendiri dan Umno-BN kerana umum terutamanya umat Islam mengetahui syaitan itu adalah makhluk Allah yang paling kejam dan derhaka.

Sebagai bekas pemimpin tertinggi negara dan pernah mengetuai Umno-BN untuk tempoh yang lama, tambahnya, adalah amat tidak wajar Dr Mahathir membuat kenyataan sedemikian rupa dengan melabelkan sesuatu pihak atau pertubuhan dengan nama seburuk itu.

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Learn English Today

English Idioms & Idiomatic Expressions

Idioms are words, phrases or expressions which are commonly used in everyday conversation by native speakers of English. They are often metaphorical and make the language more colourful.

http://www.learn-english-today.com/idioms/idioms_proverbs.html

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How many of you who went to a Malay-medium, Chinese or Tamil schools learned English? And did they teach you idioms or expressions in your English language class? Let me give you some examples of idioms:


Better the devil you know.

Letting the cat out of the bag.

Barking up the wrong tree.

Adding fuel to the flames.

Bite the hand that feeds you.

Breathe down your neck.

Build bridges.

Burn your bridges.

Burn the candle at both ends.

Bury your head in the sand.

Bury the hatchet.

The carrot and the stick.

Clipping someone's wings.

Cramp someone's style.

Cross the Rubicon.

Dig one's own grave.

Drag your feet.

Eat dirt.

Eat out of house and home.

Err on the side of caution.

Pardon my French.

Fall over backwards.

Fiddling while Rome burns.

Follow one's nose.

Follow in someone's footsteps.

 

Those are actually just some of so, so many 'colourful' sayings in the English language. And I just love these sayings and use them all the time, especially when I talk -- though not so much when I write because many readers do not understand English well enough to even detect sarcasm even when it bites them in the arse (another idiom).

When Tun Dr Mahathir Mohamad first came out with his 'better the devil you know than an angel you don't know' idiom, every man and his dog (another idiom) jumped onto the bandwagon (yet another idiom) to whack the daylight out of him (I think this is an idiom also).

Actually, 'better the devil you know' is the shortened form of the full idiom, 'better the devil you know than the devil you don't'. That is the correct English version. In Malaysia, however, especially amongst the Chinese, they say 'better the devil you know than the angel you don't know'.

I learned the 'power' of this idiom back in 1999. That was soon after the birth of the Reformasi Movement and not long after the 10th General Election of 29th November 1999. The Malays voted opposition while the Chinese voted Barisan Nasional. Even those who hated Barisan Nasional and supported the opposition voted for the ruling party.

I was puzzled. I asked my Chinese friends: why support the opposition and yet vote government? And these Chinese told me: "Barisan Nasional may be the devil, but better we vote for the devil we know than the angel we don't know. We know Barisan Nasional and we know how to handle them. We don't know the opposition and we are not sure what they will be like if they came to power."

It was then when reality hit me. The Chinese, as my Chinese friends kept reminding me, are pragmatic people. They are not emotional like the Malays. So they use their head and not their heart to vote. And they will work with the 'devil' rather than the 'angel' if the 'devil' is a known factor and the 'angel' is an unknown factor.

In other words, stick with what you know even if the alternative may be better because there are uncertainties with the alternative.

Not many years later, Dr Mahathir said the same thing when he was interviewed soon after the retired in 2003. Dr Mahathir was asked about what he would consider as his greatest regret in his 22 years as Prime Minister and he replied: my greatest regret is I failed to change the Malays. And he lamented: the Malays are too emotional and too feudalistic. Why can't the Malays be more pragmatic like the Chinese?

Dr Mahathir was, of course, referring to the 1999 General Election where the Malays voted opposition while the Chinese voted for 'the devil they knew', which was Barisan Nasional.

Last week, when Dr Mahathir made that quip, many Malaysians jumped and said that Dr Mahathir admitted that Barisan Nasional is a devil while the opposition is an angel. I was so tempted to write this article but I knew that most readers would interpret this as a show of support for Dr Mahathir. So I refrained from writing about it.

Actually, this is not a show of support for Dr Mahathir but a show of opposition to stupidity. I am opposing stupidity, not supporting Dr Mahathir. But stupid people will view it as my support for Dr Mahathir rather than my opposition to stupidity.

Then the renowned cleric, Datuk Dr Haron Din, started quoting the Qur'an (read the news item above) and tells us that what Dr Mahathir said is not in the Qur'an. Then I thought I had better say something before people start whacking Islam, the Qur'an, Prophet Muhammad, etc., and bring ridicule to the religion.

Of course it is not in the Qur'an. Dr Mahathir was not quoting the Qur'an. Dr Mahathir was quoting an English idiom, which has been 'Malaysianised' from 'better the devil you know than the devil you don't' to 'better the devil you know than the angel you don't'.

Must we keep arguing Islam and quote the Qur'an for every issue? General elections are also not in the Qur'an. Choosing governments through the ballot box is also not in the Qur'an. Getting 222 Members of Parliament to formulate laws is not in the Qur'an either. There are millions of things not in the Qur'an -- such as detention without trial, hanging people who traffic in drugs, jailing people who drive dangerously and kill someone walking beside the road, and so on.

Bank accounts are not in the Qur'an. Paying your workers monthly salaries is not in the Qur'an. Paying your workers' salary by cheque is not in the Qur'an. Stocks and shares, Amanah Saham included, are not in the Qur'an. Driving licences are not in the Qur'an. Business licences are not in the Qur'an. Signboard permits are not in the Qur'an. Police permits for rallies are not in the Qur'an. Gun licences are not in the Qur'an.

If we follow the Qur'an, then you must pay your workers at the end of each and every working day in gold or silver (not with 'worthless' paper), and we can drive and own a gun without the need of licences. We can also carry bows-and-arrows, spears, swords and knives when we leave the house. The Qur'an does not allow the government to arrest us for carrying dangerous weapons in public.

Bersih is not in the Qur'an. ABU is not in the Qur'an. Islamic parties are not in the Qur'an. Pakatan Rakyat is not in the Qur'an. Election Commissions are not in the Qur'an. Anti-Corruption Commissions are not in the Qur'an. Human Rights Commissions are not in the Qur'an. State governments are not in the Qur'an. Prime Ministers are not in the Qur'an. Members of Parliament are not in the Qur'an. Income tax is not in the Qur'an. Import duty, sales tax and road tax are not in the Qur'an. Insurance and EPF are not in the Qur'an. You name it and most likely it will not be in the Qur'an.

Oh, and according to the Qur'an, we can also own slaves. We can either buy these slaves from the market or invade someone's territory and capture them. And slaves are our property so we can have sex with them. That is not zina (illicit sex).

Why pick and choose certain items from the Qur'an? If you want to talk about the Qur'an then there will be many things to talk about. And one thing that PAS will need to do is to announce that it will NOT be contesting the coming general election because this is not what the Qur'an says we must do and this is not the way that governments are chosen in Islam.

Will Pakatan Rakyat now just be PKR and DAP? At least that will solve the current impasse regarding Hudud. Problem solved. No more PAS in Pakatan Rakyat so no more Hudud.

 

I believe, hence I am right

Posted: 25 Aug 2012 06:51 PM PDT

Not even a priest or an imam will 'serve God' if they are not being paid a salary. It's all about money, even those who claim to be serving God. So get off your high horse and stop all this self-righteous bullshit. Every single one of you does things for money. So stop slandering this person and that person as doing things for money. You too are as much money-motivated as the other person you are accusing.

NO HOLDS BARRED

Raja Petra Kamarudin

I can't understand why Malaysia Today's readers are foaming at the mouth and whacking Hudud. Some have even gone beyond just attacking Hudud and have even whacked Muslims and Islam. A police report has already been made against Malaysiakini. Do you also want a police report to be made against Malaysia Today?

Most of you may think that Malaysia allows freedom of expression. Well, Malaysia may allow freedom of expression up to a certain extent but that freedom is not absolute. There are limits. And that is why Malaysia has many laws that are aimed at 'ensuring the peace and stability' of the nation, the Sedition Act being one of them.

This means you cannot simply say what you like, not even in America or Britain. For example, if you start talking about Muslim terrorists, Jihad and bombs while in a plane you can get into trouble anywhere in the world. You might argue that it is your fundamental right to talk about whatever it is you want to talk about. The police, however, will not agree with you as they drag you away in handcuffs. Try it if you don't believe me.

So perish the thought regarding absolute freedom of expression. It does not exist. There are boundaries and you must navigate within these boundaries. I, for one, can tell you that this is absolutely true. I, too, have learned that you cannot say everything that is on your mind. There are some things you can say and there are many things you cannot say. And if you violate this rule you will get vilified like hell. I am speaking from experience here.

Look at what happened to Tunku Abdul Aziz Tunku Ibrahim. His party expressed support for the Bersih 3.0 rally while he said that although he is for clean elections he does not feel that breaking the law is the way to send the message to the government. And for saying that he was whacked kaw-kaw until he felt so hurt he left the party. I suppose anyone who is called foul names would feel the way he felt. I mean people do have feelings, even Pakatan Rakyat leaders.

In the first place, Tunku Aziz should not have joined a political party. He is not a politician, period. And he should have realised that once you join a political party you must toe the party line. You cannot do what the people would view as breaking ranks. They will kill you, figure of speech, of course. And once you join a political party and then resign, you will be accused of being bought off, of selling out, and all sort of foul things. It is better you had not joined in the first place. Then you can say what you like.

Once you join a political party you need to sacrifice certain freedoms for the sake of party unity. Even when you talk in closed-door meetings or unofficial meetings you need to watch what you say. In politics everyone is an enemy, even the person sitting next to you in the meeting. And what you say will be leaked to embarrass you. And the Penang PKR chief, Datuk Dr Mansor Othman, has found out the hard way what damage these leaks can do.

Of course, Dr Mansor has denied saying what he is alleged to have said. The minutes, though, appear to prove otherwise. But minutes can be forged. After all, only those who attended the meeting would know.

No doubt, none of the others who attended that meeting have come forward to reveal that they had attended the meeting and that the minutes had been forged and that no such thing was ever said in the meeting. Nevertheless, whether the people believe that denial is another thing. After all, politicians deny allegations all the time. Clinton denied. Nixon denied. And in the end it was proven that these denials were all lies. In fact, Najib Tun Razak has also denied the allegations against him but we all don't believe his denials -- am I not correct?

The golden rule in politics is when cornered deny or say 'no comment'. Of course, most people are of the opinion that when politicians deny it then it must be true and when they say 'no comment' that means they are admitting the allegation. But the most important thing is no one can prove it. And this is what matters in the end. Can you prove the allegation?

What you need to do, before they even deny it or say 'no comment', is to challenge them to prove that the allegation is false. Under normal circumstances one is assumed innocent until proven guilty. But if you want to corner a politician you twist it the other way. You ask them to prove that the allegation is false. That is actually quite impossible to do.

Anwar was convicted and sentenced to a total of 15 years jail because he could not prove his innocence. The Federal Court later overturned that conviction on grounds that the Prosecution failed to prove his guilt. Nevertheless, Anwar had already served six years of the 15 years before he saw freedom. Thus, sometimes, the guilty until proven innocent rule does work in certain cases.

New laws are being introduced in Malaysia where you will need to prove you are innocent or else you are presumed guilty. We had 52 years of the Internal Security Act where an estimated 10,000 people had been detained without trial on that same assumption -- guilty until proven innocent. They detain you first and then later you need to convince them that you deserve to be released. It is impossible to prove you deserve to be released when your detention is on the basis that one man, the Minister, believes you are a threat to national security.

I mean how do you prove a belief wrong? You have a belief, and that belief is I am a threat to national security. How do I prove this belief wrong? How do I prove any of your beliefs wrong? You believe that Hudud is God's law and is mandatory. You believe that the Qur'an came directly from God and is God's word. You believe the Bible is the Holy Book of God (in fact, you swear an oath on the Bible although it may have been printed by a printer in Jalan Chan Sow Lin). You believe Jesus Christ is the Son of God and was crucified and died for our sins. How do I prove all these beliefs wrong?

So, I can't prove any of your beliefs wrong, even the belief that I am a threat to national security. And that means I will remain under detention without trial until your beliefs change and you now believe that I have reformed and have turned over a new leaf and am no longer a threat to national security.

Such are beliefs. And beliefs are impossible to prove wrong. If you had to prove your belief right, that would be another thing altogether. To prove your belief right you will need evidence, which you may or may not have. But for me to prove your belief wrong is a non-starter never mind what that belief may be. Beliefs do not require evidence. Hence you can believe something even if there is no evidence. And for me to prove your belief wrong when your belief is void of evidence would mean I would not have the evidence to prove your belief wrong.

Can you see how it works?

Many friends have been in touch with me to ask me to clear the air on what people are saying about me. These friends tell me that people believe I am this or I am that or I have done this or I have done that. But that is just it. This is what people believe. How do I prove this belief to be false?

Most of those people who believe these things about me also believe in God and believe in a religion. Is there any basis for these beliefs? Is there any evidence to support these beliefs? Can they prove that their beliefs are facts and not myths?

Of course they can't. They just believe it, that's all. There is no basis for these beliefs. They heard stories and they believe these stories. These are all stories without evidence. Then they support these stories and justify their beliefs by showing us a Holy Book, which they said came from God but was printed by a printer in Jalan Chan Sow Lin who himself does not believe in God and is printing this 'Holy Book' just to make money from the printing contract

Thus this is the mindset of these types of people. They are susceptible to believing things that cannot be proven. And these same people also believe certain things about me. So how do we talk to such people when they are already prone to believing things that they imagine to be true even when it cannot be proven true?

Can you see the futility in trying to turn these people? It is as difficult as trying to convince a Catholic that Prophet Muhammad is a Prophet of God or trying to convince Muslims that Jesus is the Son of God -- or trying to convince readers of Malaysia Today that Hudud is God's command and is mandatory for all Malaysians.

The best would be to just let people believe what they want to believe. Most of these people believe that they are sincere and noble while all the rest are scumbags anyway. Only they are true. All others are false.

Look at the party hopping issue as one example. Most believe that it is wrong for people to leave their party to join the other side. But it is not wrong for those from the other side to leave the other side to join their party.

If they leave the other side to join their side then it is a sincere and noble gesture. But if they leave their side to join the other side it cannot also be because of a sincere and noble gesture. It can only be because of money and for no other reason.

This is the belief.

You do things out of sincerity and for noble reasons. Others are not noble or sincere and do things merely for money. You do not do things for money.

As I said, this is the belief and they believe that their belief is right. But is it?

Their parents sent them to school to receive an education. I have Chinese friends who tell me that education is at the top of the Chinese priority list. Education comes first and everything else comes after. This is what my Chinese friends tell me and since so many seem to tell me the same thing I am inclined to believe it.

Then I ask them, why? To the Malays, religion comes first. That is way at the top of the priority list of the Malays. Go ask the Malays and see what they say. But why do Chinese put education and not religion at the top of their priority list?

And they tell me it is because you need a good education to be ensured a good future. Only a good education can ensure a good future. And many Malaysians, after they have received that good education, choose to stay overseas to work. They have spent so much money on their education that they need to work overseas because the salary they will earn back in Malaysia would be too low and they will never be able to recover the cost of their education.

So people get an education. But they go and get an education not because they seek knowledge. They go and get an education so that they can get a good job that pays good money.

Everybody works. And they all work because they want money. Only with money can they buy things and live a good life. They want a house. They want a car. They want to get married. They want power, position, prestige, recognition, and whatnot. And all this requires money.

Why do they want all these? Are these not all for selfish reasons? You can go live in a jungle and not starve. There is food everywhere. You can live off the land. You can build a roof over your head from what you find in the jungle. You can use the streams and rivers to wash and bathe. You do not need money. You do not need a job. You do not need to spend so much money getting educated.

So, yes, everyone does things for money, even those of you who believe you are sincere and noble. Do you need money? Actually you do not. You don't need money. You just want money. And you want money because you want the good things in life.

Are you prepared to resign from your job and go work in one of the African countries for no salary? They will provide you a tent to sleep in and three meals a day. They will also provide you with khaki uniforms. But other than that you will receive no money.

Is that not a noble and sincere thing to do? You work for no money but only to serve humankind. You get to eat and sleep in a tent, that's all.

Not even a priest or an imam will 'serve God' if they are not being paid a salary. It's all about money, even those who claim to be serving God. So get off your high horse and stop all this self-righteous bullshit. Every single one of you does things for money. So stop slandering this person and that person as doing things for money. You too are as much money-motivated as the other person you are accusing.

At least a prostitute is honest about what he or she is. That is more than I can say for you.

 

When different yardsticks are applied

Posted: 24 Aug 2012 07:58 PM PDT

If I were a non-Muslim, I would not get involved in the Hudud debate, knowing that the Malays-Muslims themselves will never come to an agreement on the matter. Once I get involved, then we face the danger of the Malays who oppose Hudud agreeing with those who propose Hudud merely because they want to defend Islam from what they view as an attack by the non-Muslims.

NO HOLDS BARRED

Raja Petra Kamarudin

When we apply two different approaches to a subject, invariably, we will not be able to reconcile the answer we seek. For example, seeking the answer to our existence would not give us the same result when one is guided by theology and the other applies sociology, anthropology, history and archaeology.

Why do we exist? Is it by accident or is it by design? And is our existence the ultimate purpose, which will end when we expire, or is it merely a temporary step to a final destination, which will be determined by how we live our life in this world?

Such a basic question but not one that can be answered that simply. The answer, invariably, will be determined by what 'logic' we apply. And is the logic we are applying really logical? How, in the first place, can we define logic when different yardsticks are being applied? And when should logic be discarded for a higher discipline, that of the word of God, which is above logic and requires faith?

No, it is not a simple puzzle to solve. Even the matter of freedom of expression falls victim to many different viewpoints. Is name-calling and labelling someone Keling Pariah, Mamak Tongkang or Cina Mata Sepet, exceeding the boundaries of freedom of expression and falls within the classification of racial slurs or is this what freedom of expression is all about?

Try calling a British of Pakistani origin a Paki here in Britain and see what will happen to you. Is not a British a Brit and an Australian an Aussie and an American a Yank? So what's wrong with a Pakistani being called a Paki? It is not that a Pakistani is not a Paki but the fact that it has been 'agreed', by whom I do not know, that the word Paki is a racial slur.

And it is not just that society accepts the word Paki as a racial slur. It is also how you say it -- the tone of your voice and the look on your face. A Malay is certainly a Melayu, there is no denying that. But it is how you use the word Melayu that counts. Using the 'correct' tone of voice and with the 'right' look on your face, the word Melayu can be turned into an insult.

So how do we resolve the matter of Hudud, the punishment for crimes under the Islamic laws known as the Sharia? Before that, can this matter even be resolved in the first place? Well, not if we apply two different yardsticks in arguing the case for or against Hudud. No issue can be resolved when two different yardsticks are applied and both are considered logical to the proponents as well as the opponents of Hudud.

A Pakistani is a Paki to a non-Pakistani but an insult to a Pakistani. Both are right. Yet both can never come to an agreement as to whether it was meant as an insult or not. Maybe it was a statement of fact. Maybe it was an insult. The only way to avoid the crosswire would be to call a Pakistani a Brit and leave it at that.

After all, Britons no longer exist anyway. Every Brit is a son or daughter of an immigrant. The only thing is did they migrate to Britain 100 B.C. or 2,000 years after that? Invariably, every Brit, if the roots are traced, came from somewhere outside Britain. That is the reality of the whole thing. At best, they can claim some British blood but can never lay claim to a thoroughbred Brit. Hence, the Pakistani is as British as the Royal Family or the Prime Minister of Great Britain.

When would we consider the cut-off date? If the year 100 were the cut-off date then the Italians would be Brits. If 300 were the cut-off date then the Scandinavians would be Brits. If 500 were the cut-off date then the Germans would be Brits. If 1100 were the cut-off date then the French would be Brits. If 1990 were the cut-off date then those from the Indian subcontinent would be Brits. If there is no cut-off date then everyone is a Brit. There are no Pakistanis in Britain, and hence no Pakis as well.

See how simple it is in Britain. Britain never saw independence because it never lost its independence. Britain was conquered by one power after another over more than 2,000 years and the conquerors became Brits, even when they spoke French and not a word of English. So everyone in Britain is a Brit and there are no pendatangs. If there are pendatangs, then every single person in Britain is a pendatang. It is as simple as that.

But in Malaysia it is more complicating. Malaysia never existed until 1963. From 1957 it existed as Malaya. Before that there was no Malaya. The British created Malaya. And in creating Malaya they also created Malays, who also never existed until the British created them. And the British declared that Malaya belonged to the Malays and everyone else is an immigrant.

But what is the cut-off date? The cut-off date is not clear. If the cut-off date were 1700 then the entire Selangor Royal Family would be pendatang. If the cut-off date were 31st August 1957 then only those born outside the country after that date would be pendatangs. Those born outside Malaya before 31st August 1957 and those born in the country after 31st August 1957 would be Malaysians.

Nevertheless, the British had decided that Malaya would be given independence on 31st August 1957 and with independence we would receive a written Constitution, something that the British themselves do not have. And in this written Constitution it would be stated plus implied that the Malays own the land. And to reinforce this ownership, Islam would be the religion of the land, Malay would be the official language, and Malays would be accorded certain privileges.

This was the agreement, whether stated or implied. And it was an agreement that all the races in Peninsular Malaysia agreed to adopt. It was not unilateral. It was bilateral. Was this a mistake, especially on the part of the Chinese and the Indians? On hindsight it is always easy to talk. Everyone is an expert on hindsight. It is foresight that matters. Did the Chinese and Indians not have the foresight to see that an open-ended agreement with no expiry date would be binding to future generations of Chinese and Indians who would still be regarded as Chinese and Indians and 'secondary' Malayans?

And this is why we are currently facing a problem regarding Hudud. To Malaysians who are not Muslims, Hudud is viewed as a legal matter. It involves the punishment meted out for certain crimes. Hence Hudud needs to be discussed under the ambit of the legal system.

They are, of course, correct.

To Muslims, however, Hudud is not about the law. It is about what God has commanded. And God's command is beyond discussion. It is about acceptance without argument. To reject God's command is like the Catholics rejecting the Trinity or the Jews rejecting the Ten Commandments. It is a matter that cannot be compromised.

They are, of course, also correct -- at least as far as each religious faith is concerned.

So both are correct, no one is wrong. So how do we resolve a situation where both are correct and no one is wrong but the 'correctness' of their views places them at odds?

As long as the Muslims in Malaysia believe that Islam is the religion of the land and hence whatever is mandatory in Islam becomes mandatory for the whole country then this is not a matter that will see a solution.

All other religions will be allowed, but Islam is the religion of the land, not the other religions. The Malays are masters of the land. Non-Malays will be allowed a place under the Malaysian sun but will be secondary to the Malays. This is what the British intended for independent Malaya. And the British made sure that this intention was clearly stated in a written Constitution.

Basically, we are faced with a belief system here, the belief that the Malays are the masters of the land and Islam is the religion of the land. And belief systems are not easy to eradicate. Can we convince the Christians that Jesus Christ was a mere man and not divine or the Son of God, hence the Trinity does not exist? Can we convince the Muslims that the Qur'an was not the word of God because it was compiled by a 'committee' years after the death of the Prophet and 'strengthened' by the Hadith, which was a creation of 'spin-doctors'?

I fear that would be an impossible task. Both the Christians as well as the Muslims would never change their belief system just because you say so. Belief systems are carved in stone. And the belief that the Malays are masters of the land and Islam is the religion of the land is not a belief system that the Malays or Muslims will readily reject.

So what do we do about Hudud? What can we do about it? As long as the Malays believe that the Qur'an is God's word and that Hudud is God's command and that Islam is the religion of the land there is nothing we can do about it.

Can we resist or oppose Hudud? Well, can we resist or oppose the law that forbids Muslims from leaving Islam to become Christians, Hindus or Buddhists?

The only 'good' thing about the Hudud issue -- if you were the eternal optimist who always tries to see good in everything, like the 'blessing in disguise' thing -- is that Hudud has been reduced to a political issue. Hence, when it becomes a political issue, one side will oppose when the other side proposes. And this would mean that even amongst the Muslims the Hudud issue would never be resolved.

If I were a non-Muslim, I would not get involved in the Hudud debate, knowing that the Malays-Muslims themselves will never come to an agreement on the matter. Once I get involved, then we face the danger of the Malays who oppose Hudud agreeing with those who propose Hudud merely because they want to defend Islam from what they view as an attack by the non-Muslims.

Let me put it another way. When the Chinese are of the opinion that Chinese education is 'under attack', even the MCA and DAP people can sit at the same table under the umbrella of Chinese education to hammer out an issue of common interest. And this is what can happen when Hudud is viewed as 'under attack' -- the Malays will share a common platform in the interest of 'mempertahankan kedaulatan Islam' (in defence of the sanctity of Islam).

So be careful with what you say. Calling a Pakistani a Paki may be kosher to you. The Pakistani, however, may view it as an insult and you can go to jail in Britain if you pass racial slurs. In that same spirit, labelling Hudud as barbaric and those who propagate it as stupid is certainly your right under freedom of expression. To the Muslim, however, that is an insult to God and freedom of expression does not include insulting God.

So what do we do then? Do we just shut up and accept the fact that we must lose certain freedom of expression? Or do we speak our mind whatever the consequences in the interest of freedom of expression?

Honestly, I really do not know. When two different sets of values are applied I am at a loss. My solution would be to just let the two sides argue and we see where the cards fall. Most likely they will continue to argue into the next generation without any resolution. In that case nothing will happen so we do not need to address anything.

Is this a solution? Maybe not! It is more like ignoring it and hoping it will go away. But that is how I sometimes handle the common cold and it does go away. Then, sometimes it may become pneumonia, who knows? But next month I will be 62 and I am still alive. So maybe I have not come out the worst for ignoring the common cold and just allowing it to run its course after all.

But, yes, I know, we all want to speak and say something. We do not want to allow the 'other side' to speak unchallenged. So we speak even when what we say is not going to achieve anything. And we will all scream and oppose or scream and defend Hudud when we know nothing is going to happen in the end. And we will find out that loose lips sink ships. But never mind if the ship sinks as long as we can talk while it sinks.

Such is the folly of mankind. And aren't wars fought in defence of national pride and dignity when all that is merely another word for ego? And who am I to take away your right of free speech, never mind what is being said will see no light at the end of the tunnel? That, in the end, is what will prevail.

 
Kredit: www.malaysia-today.net

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‘Clones’ likely ruined Malaysia’s Twitter record bid, says research house

Posted: 07 Sep 2012 10:34 AM PDT

A screen capture from the Politweet Facebook page showed a series of identical entries on Twitter that were registered during the National Day record attempt.
(The Malaysian Insider)Malaysia could have made Twitter history for the number of National Day messages sent on the microblogging site last week if "clones" had not been used to pollute the actual number of tweets sent, an independent social media research house has concluded.

Politweet.org pointed out in its report yesterday on the #Merdeka55 hashtag movement that despite Putrajaya's claim that Malaysians had breached the 3.6 million tweet mark in just one hour on August 31, no other third-party authority has since verified this declaration as true.

"So assuming the figure is true, it is possible that the 3.6 million tweets are a world record," the research house wrote in its report. 

"However to date, Twitter has made no announcement on their blog about #Merdeka55. There is also no mention of the #Merdeka55 record online by other tracking websites," it pointed out.

"Without a third party to verify the data, the 3.6 million tweets figure is doubtful," Politweet said.

A screen capture shows a Twitter post made during the record attempt.
Information, Communication and Culture Minister Datuk Seri Dr Rais Yatim had declared on August 31, Malaysia's 55th National Day last week, that some 3,611,323 tweets were recorded between 8.15pm and 9.15pm nationwide to Prime Minister Datuk Seri Najib Razak's account, @NajibRazak, containing various independence-themed messages, during the "Janji Ditepati (Promises Fulfilled)" gathering at Stadium Bukit Jalil.

But Rais' record-beating claim was immediately met with disbelief by Malaysian Twitter users, many of whom have accused the organisers of rigging the contest by using "bots" to generate false publicity.

"Bots doing retweeting 4 thousand times, then u proud of hvg mils of tweets?" Twitter user @Amir_Shari had written earlier this week, referring to computer programs designed to send out automated responses on the service.

Another user, Cyril Dason, tweeted on his account @cyrildason that "#merdeka55 stats online: 1,500 tweets generated 493,610 impressions, reaching an audience of 185,482 followers within the past 24 hours", in an apparent rebuttal of the federal government's record-setting claim.

Fuelling these users' claims in its report yesterday, Politweet said it had begun tracking mentions of #Merdeka55 on Twitter from August 28, the moment Rais had announced Putrajaya's aim to hit a one million-tweet mark for tweets sent within an hour from 8.15pm to 9.15pm on August 31.

But during the targeted hour, Politweet said it had observed an "odd pattern" during the live stream — "large blocks of identical tweets were being sent at the same time".

"Further investigation revealed that a small group of users were responsible for a large volume of tweets.

"These users had similar characteristics, e.g. account creation date, profile photos, location and follower/following relationships. All of their duplicate tweets were sent using Tweetdeck," Politweet wrote, calling these duplicate tweets as "clones".

Read more at: http://www.themalaysianinsider.com/malaysia/article/clones-likely-ruined-malaysias-twitter-record-bid-says-research-house/

Batang Kali - Britain must take moral responsibility for massacre

Posted: 07 Sep 2012 10:28 AM PDT

http://www.freemalaysiatoday.com/wp-content/uploads/2011/08/Kua-Kia-Soong.jpg

The smokescreen of 'defeating communism' was used to justify atrocities such as Batang Kali 1948. Notice that the Malaysian government has kept a guilty silence over this case despite hounding Mat Sabu over Bukit Kepong.

Dr Kua Kia Soong, SUARAM Adviser

On 4 September 2012, the London High Court of Justice handed down a judgement that there was no legal duty for Her majesty's Government to hold an inquiry over the killing of 24 civilians by HMG's Scots Guards at Batang Kali on 11/12 December 1948 and that the claimants had no grounds to challenge the decisions of the Secretaries of State not to hold an inquiry.

The conclusion of the court was that the decisions of the Secretaries of State "were not unreasonable…" They had maintained that the facts of the case remained in dispute; the veracity of the accounts was in doubt as most of the witnesses had died, and the evidence would be unreliable since it happened more than sixty years ago.

Regarding the claim that the Secretaries of State had an obligation to conduct an inquiry under Article 2 of the European Convention on Human Rights, the court cited the House of Lords decision [Re McKerr and McCaughey UKHL 12, 1 WLR 807] that "there was no duty to investigate a death before the coming into force of the Human Rights Act on 2 October 2000." (para 93)

Although this may seem like a setback for the claimants and all who demand justice for the 24 victims, there are certain positive dimensions in this judgement and hope in comparable cases elsewhere.

1.       The court established that the 24 victims were civilians and not combatants (para 1):

On 13 December 1948, the British High Commissioner had reported the deaths to the Colonial Office as "the shooting and killing of 26 bandits..." This was standard propaganda during the Emergency by the British colonial government and their local custodians. It has taken all these 64 years for this fact to be established by a British court!

2.       The British Government had command and control over the Scots Guards

The Secretaries of State had argued in the court that the British Government had no legal responsibility for the actions of the Scots Guards who did the killing at Batang Kali, so they were under no duty to hold an inquiry to pin the responsibility. They had argued, very much like our learned professors in the Mat Sabu/ Mat Indera case, that the Scots Guards were merely assisting the Federation or the Selangor Sultan or both, in maintaining order. In any case, they further argued that any responsibility would have lapsed to the Federation of Malaya upon independence in 1957 via Article 167 of the Constitution.

Nevertheless, the court decided that:

"It is clear, in our view, that the British Government had command and control over the Scots Guards. First, the Scots Guards were part of the British Army in contradistinction to the Malay Regiment and other local forces. Second, it is evident from the minute of the British Cabinet…that the reason for the decision to send the brigade of the British Army was to defend British interests against the advance of communism on what was in reality territory the British Government controlled, to prevent the deaths of British citizens and to protect its economic interests. Third, control over the deployment of the army in Malaya was vested in British Defence Co-ordination Committee Far East…Fourth, the Scots Guards were paid for by the British Government…" (para 112)

Thus, this judgement has wide applications in the Mat Sabu/Mat Indera case although I suspect many of our local professors need not just legal exposure but rather, political awareness of our colonial history.

 

Batang Kali is Britain's Rawagedeh

Another source of hope for the claimants of Batang Kali is the recent apology by the Dutch government for a massacre of 150 people at Rawagede committed by its soldiers in Indonesia in 1947, as the country fought for independence. Earlier in 2011, a court in the Netherlands ordered the government to pay compensation over the killings. The case was brought by relatives of those who were killed. Reports said the Netherlands would pay 20,000 euros to the relatives, but the exact figure was still being negotiated.

 

A Crime against Humanity

The Rawagedeh claimants had argued that what took place in Rawagedeh on December 9, 1947 was a crime against humanity. Like any other colonial power, the Dutch had used the euphemistic term 'excesses' to describe the tragedy. Like the British in Malaya, the Dutch state defined it as an internal problem. On December 9, 1947 Dutch forces raided the West Javanese village to look for weapons and the Indonesian freedom fighter Lukas Kustario. Unable to find him, the Dutch military lined up the men and killed almost all of the male population.

The widows of Rawagedeh and their children sued the Dutch state not only for the execution of their husbands and fathers, but also for failing to investigate the massacre. They wanted the Netherlands to acknowledge the unlawfulness of its actions, and sought financial compensation for their loss.

Like the British state, the Dutch had also argued that the statute of limitations had expired. But according to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity there is no statute of limitations on war crimes, or crimes against humanity. The Netherlands, however, like many other Western countries, is one of the states that did not ratify the convention.

But the Netherlands did ratify the Rome statute of the International Criminal Court – after all, the court is at The Hague. However, according to the Rome statute of the International Criminal Court the court can only prosecute war crimes, crimes against humanity committed on or after July 1, 2002 – the day it came into being. This is not dissimilar to the House of Lords judgement cited in the Batang Kali judgement of 4 Sept 2012.

 

Gracious and Glorious if Kate & Will Apologised for British State

It will therefore only be a matter of time before the British state will be forced to face up to its moral responsibility to the Commonwealth and follow the example of the Dutch government. In this the Queen's diamond jubilee year celebrations, would it not be a gracious and glorious gesture for Kate and Will to openly apologise to the families of the victims of the Batang Kali massacre during their Kuala Lumpur visit in a few months' time?

Britain has always tried to project a self-image that is civilized, dignified and humanistic. Apologists for the British Empire have painted a romantic picture of colonialists setting their colonies "on the road to modernity…" The ideology of colonialism, which rationalized and justified oppression and exploitation, has distorted Malayan history and this history has been passed intact to their local custodians (foreign lackeys?). The smokescreen of 'defeating communism' was used to justify atrocities such as Batang Kali 1948. Notice that the Malaysian government has kept a guilty silence over this case despite hounding Mat Sabu over Bukit Kepong.

Without accounting for past transgressions, the British state will remain for ever trapped in history and the families of the 24 men massacred at Batang Kali will keep reminding the British state that they have a moral responsibility to apologise for the tragedy and to compensate the families for the senseless loss of their loved ones. The claimants have already notified their lawyers to appeal to the higher courts forthwith…

Education Review Blueprint: Panacea or Placebo?

Posted: 07 Sep 2012 10:23 AM PDT

http://sphotos-a.xx.fbcdn.net/hphotos-snc7/c0.0.403.403/p403x403/396410_487075434636170_217455870_n.jpg

A plan is only as good as its implementation, and judging by the Ministry of Education's (MoE) track record, execution has never been its strong point. 

Sandra Rajoo

 

People seem to be all excited recently over the education review blueprint which is due to be made public on Sept 11. Some even hailed it as the best thing since sliced bread, and this is before they even know the actual content.

Let us hold the applause until after we read the whole document and see where it is taking us. The proof of the pudding is in the eating, so to speak. Will this 'mother-of-all-solutions' blueprint stand up to scrutiny? Is it going to be a solid, excellent-for-education master plan or will it be a glitzy, complex and tricky-to-implement blueprint? A plan is only as good as its implementation, and judging by the Ministry of Education's (MoE) track record, execution has never been its strong point.

This effort at revamping the education system, which is long overdue, has to be commended though. Nevertheless I am not holding my breath. Decades of failed endeavours by the MoE tend to make people cynical, and I am wary of those who throw out feel-good statements to pacify a sceptical public. Clearly, there is an inability to look at education holistically and plan accordingly. Piecemeal and ad hoc initiatives which have been the norm will not bring desired results.  

Recall the time the ministry tried to design a curriculum aimed at producing creative and critical thinking (CCT) learners. Learning was going to be fun and enjoyable apparently. Unfortunately, it didn't look very good on paper, and fared even worse in the classroom. Obviously, the desired outcomes did not materialise. Many teachers had no idea what CCT entailed, and were not too eager to encourage it, lest students start asking questions and forming opinions. So that became a failed venture. What became evident and has remained entrenched were the obsession with grades, dropping of literacy levels, robotic methods of learning, emphasis on rote-learning, 'invisible' teachers, lack of concern for students' welfare, demotivated students and indifferent education officials.

The teaching and learning of Maths and Science in English (PPSMI) is another issue that makes our hackles rise. From its inception about 10 years ago until today it has been fraught with difficulty and mired in controversy. The education ministry appears helpless and at a loss, what with the flip-flopping and the inability to train competent teachers. The vagueness of the 'soft-landing' which promises the continuation of PPSMI for certain groups of students and the current situation where many teachers have reverted to teaching in BM reflect poorly on the ministry. There has so far been no effort made at monitoring the situation on the ground. Is it any wonder that many parents are moving their children to private or international schools, or resorting to home schooling?

Another point of contention was when the Prime Minister announced that Literature in English will be incorporated into the curriculum. This was picked up by the media and was heralded as the panacea for our English language woes. But Literature has been in the curriculum for a decade or so already. The subject is not something new. It is amazing that the people pertinent in education circles are unaware of this fact.

English woes aside, we need to also ensure that our children receive proper instruction in Bahasa Malaysia. The disorganised way in which BM is being taught in schools does not augur well for the present and coming generations. When English was the medium of instruction, it created many proficient and competent users of the language which cut across all ethnic groups. The same cannot be said about BM. How many are really competent in the language? This problem has been neglected for too long. Let's see what the new education blueprint has in store for us.

Going by the 153 proposals adopted by the Review Panel, our education system does appear to be in a bit of a shambles, doesn't it? Concerned groups have been voicing their views and giving suggestions over the years, but were largely ignored. Was the ministry waiting all this while for a 'saviour' to come save the day? Is this blueprint going to be the saviour?

The implementation of the blueprint will stretch over 13 years which is a long time. Is the ministry committed to carry the momentum over this long period? The revealing of the blueprint is expected to generate debate amongst stakeholders.  We hope any critique given by the public is looked upon as feedback to how things can be improved. Any comment deemed unfavourable to the ministry should not be frowned upon and disregarded. 

All the same, I believe that responsible and dedicated educators will have their own personal education blueprint which they use to plan, guide, execute and monitor their performance. If people involved in education, from the director-general to the school principal to the classroom teacher, have been doing this all along, the nationwide review exercise would not have been necessary. Good teachers don't wait for directives from the top before giving their best to students. Ultimately it is not the blueprint per se that can save our education system, it is whether officials and educators can save it through a good understanding of their roles and a commitment to the responsibilities they hold.  

We want to reach a stage in our education where we can say with pride that our children are bright and capable because of the education system, not despite it.

The type of letters I like to receive from our leaders

Posted: 06 Sep 2012 11:48 PM PDT

Dear Petra,

As you may have seen on the news, I've announced an ambitious package to get growth and housing building going. This is not only to make sure we're building the homes people so desperately need but it will also help boost the economy by kick-starting one of our most important sectors, the construction industry.

When Jo Swinson asked for input from you on growth, house building was one of the top responses. Today's announcement shows the kind of impact Liberal Democrats are having in the Coalition Government, thanks to our members, on this key issue.

At the heart of yesterday's announcement was a massive new £10bn guarantee from the Government to house builders which will see tens of thousands of new and affordable homes built. This money is first and foremost targeted at Registered Social Landlords, who have a proven track record in delivering social and affordable homes, and I'm really pleased that organisations including the National Housing Federation and the British Property Federation have welcomed the announcement.

In order to kick-start stalled developments where at the moment nothing is being built and no one is being employed, we're accelerating the point at which councils and house builders start discussing planning requirements. And to ensure that this leads to more homes being built rather than fewer, I am also ensuring that an additional £300 million is spent on building 15,000 new affordable homes and bringing 5,000 empty homes back into use.

To help first-time buyers buy these, we're underwriting another £280m to help 16,500 people access the FirstBuy scheme.

And last but not least, to support small, local builders, we're making it easier temporarily for homeowners to put in a new conservatory, loft extension or garage conversion and for businesses to expand their premises without getting mired in red tape. The precise details will be consulted on, but I hope that people will go ahead and get the local builder in.

This is a big package of measures that I hope will get people building, create more jobs and help those people who are desperately trying to find homes to live in.

You can read more at the Lib Dems' website.

Best wishes,


Nick Clegg
Leader of the Liberal Democrats and Deputy Prime Minister

 

Till death do us part

Posted: 06 Sep 2012 06:57 PM PDT

I have to admit that I have changed my position on the issue of Islamic State a number of times. In the beginning, in my disco days, I was opposed to an Islamic State. Later in life (during my mosque days) I was excited about it. I even joined the Iranians in Mekah to demonstrate against the Saudi Arabian government. And I had a poster of Imam Khomeini on my wall as well. Later, I again changed my position. Today, I no longer feel that an Islamic State would work. And I have written about this many times giving my reasons why I think this.

NO HOLDS BARRED

Raja Petra Kamarudin

"Till death do us part," goes the marriage vows. But in many cases that never happens. In the US, about 40% of marriages end in divorce whereas in the UK it is slightly lower.

Whatever it may be, an average of more than one-third of marriages in the US and UK does not end with the death of one of the partners. It ends earlier than that and the divorce rate for second and thirds marriages is even higher, according to the statistics.

I suppose people change. Interests change. Priorities change. Age sometimes also plays a part. As we get older we change our mind or our value system. Sometimes familiarity breeds contempt. There could be many reasons or a combination of reasons as to why some couples are just not able to keep their marriage vows.

Or it could be because you got tired of eating curry every day and now you want to change your diet and taste some tom yam. Some people tell me that when you eat curry at home every day you sometimes want to go out for some tom yam. The only thing is, don't get caught lest your wife does a 'Bobbit' on you.

Change is the only thing that is constant, if you know what I mean. In my younger days, I used to love going to discos (what kids nowadays call clubbing). By the time I was 27, I preferred to spend my time at the mosque listening to the ustaz preach religion.

Another 27 years later -- by the time I was 54 (that was eight years ago) -- I got bored with the same old sermons. We appeared to be going nowhere with all this talk regarding rukun and hukum. I wanted to know more, not just about batal wuduk, batal puasa, batal sembahyang, hukum nikah, hukum cerai, and whatnot. So I stopped going to the mosque to listen to sermons that I had been hearing for more than half my life and which I already knew by heart and could utter in my sleep.

I suppose this is what the journey of life is all about. As you travel farther down the road you begin to see things differently and this changes you and the way you look at things. And when you reach the forks or junctions in your life you may decide to take the left lane rather than the right lane, as you have been doing so many times before.

I mean, when you keep taking the same right lane every time and you find that the scenery does not change you might, out of curiosity, decide this time to try the left lane to see what happens. Then you discover that the left lane actually offers the answers to the questions you have been asking for decades but never found the answers to.

It is no different in politics. Anwar Ibrahim, in his secondary school days, was fiercely anti-British. Considering that Malaya (not even 'Malaysia' yet at that time) had just gained independence barely three years before that, this is not surprising. The Merdeka spirit still burned very strongly in many people in 1960, Anwar included.

But as we got farther and farther away from 1957, Merdeka got reduced to something that we read in the history books. Why did Anwar need to continue screaming about Merdeka when we were already Merdeka? Anwar then began to talk about Malay nationalism. And with that he talked about the Malay language and why Malay should replace English, even for the street names.

Anwar's nationalist fight from 1968 to 1971 was through the Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM) and the Persatuan Bahasa Melayu Universiti Malaya (PBMUM).

Thereafter, Mountbatten Road got changed to Jalan Mountbatten and eventually to Jalan Tun Perak. Birch Road (named after the eighth Resident of Perak, Sir Ernest Woodford Birch) was renamed Jalan Birch and again to Jalan Maharajalela -- named after the man who killed James Wheeler Woodford Birch (the first Resident of Perak) -- and many more all over the country.

In 1974, Anwar was detained under the Internal Security Act. Not long after that, Anwar became an Islamist and started to fight for more Islamisation through the Angkatan Belia Islam Malaysia (ABIM), which was formed in 1972. In those days, Anwar worked very closely with the Islamic party, PAS, and was a strong supporter of the Iranian Islamic Revolution of 1979, as was I.

In 1982, Anwar did a U-turn and, again, became a Malay nationalist when he joined Umno.

I must admit that in the early 1960s I disagreed with Anwar's anti-British and pro-Malay language stand. But after he got released from ISA and became an active Islamist around 1976-1977 (by then I was already an Islamist myself, as I explained above), I did a U-turn and supported him. I would attend most of the rallies that PAS organised in the East Coast where Anwar was a speaker.

But when Anwar joined Umno in 1982, I washed my hands off him. There was one occasion when he flew to Kuala Terengganu with his Umno Youth entourage and I completely ignored him although I was seated right behind him in the plane. By the way, he also ignored me, so it was mutual.

Then, of course, that brings us to 1998, but I have already told that story so many times before so maybe it is not necessary that I talk about it again. Suffice to say, in 1998, I forgave Anwar for his betrayal and rallied behind him in support of Reformasi.

But that only lasted six years. In 2004, I again 'divorced' Anwar and chose to fight my own battle through Malaysia Today, although I still aligned myself to the opposition, in particular DAP, who I campaigned for in 2008.

Sometimes marriages last. Sometimes they do not. In the US and the UK more than one-third of marriages do not. But it happens and even the 'till death do us part' vow uttered in church do get broken. Nevertheless, when the relationship no longer works you need to just move on and look for a new relationship. Even then there is no guarantee that the next one will work.

Will, under such a situation, an anti-hopping law work? Is it even democratic in the first place? What about freedom of association, as enshrined in the Constitution? Do we remove that Article that guarantees all Malaysians freedom of association? Basically, that is what it would tantamount to.

Say, you are a member of DAP. And, say, DAP agrees to hold a referendum on whether Malaysia should be turned into an Islamic State with the Islamic law of Hudud as the law of the land. And, also say, DAP agrees that if 51% of Malaysians vote in favour of turning Malaysia into an Islamic State then DAP will not oppose it.

Would you agree to that? Would you be of the opinion that the voting will be clean and honest and that there will be no rigging? Would you accept whatever the outcome of the referendum because it is your party's decision and you will not oppose your party's decision although you are opposed to an Islamic State?  Or would you want the freedom of resigning from DAP because you are of the opinion that an Islamic State will not work for Malaysia?

I have to admit that I have changed my position on the issue of Islamic State a number of times. In the beginning, in my disco days, I was opposed to an Islamic State. Later in life (during my mosque days) I was excited about it. I even joined the Iranians in Mekah to demonstrate against the Saudi Arabian government. And I had a poster of Imam Khomeini on my wall as well. Later, I again changed my position. Today, I no longer feel that an Islamic State would work. And I have written about this many times giving my reasons why I think this.

Yes, changing your position does happen. And you may have reasons for that although others may not share these reasons. But this is what democracy is all about -- the right to change your mind and your position. Hence, if this right is taken away from you, then democracy itself has been removed.

Anwar has changed his position a few times, as have I. But to condemn Anwar for his ever-changing position when he has every democratic right to change his views (as he gets older) is a violation of these rights. We all change, as we get older.

My friend from DAP, YB Ronnie Liu, used to be a Communist in his younger days. But weren't many of us Communists when we were younger, me included? In fact, I still buy and wear Che Guevara T-shirts even until today. However, as we mature and as we lose some at that idealism, we begin to change. Today, Ronnie is as Communist as Madonna is a virgin.

In short, till death do us part is a fallacy. And even the Catholic Church has had to reluctantly accept this reality. But would a Catholic cease to be a Catholic just because he or she broke her marriage vow of 'till death do us part'?

 

When all else fails, use Sedition Act

Posted: 06 Sep 2012 04:26 PM PDT

The act of arresting, handcuffing and detaining 19-year-old Ong Sing Yee will start a backlash against the authorities.

Mariam Mokhtar, FMT

In the past, Malaysia's Sedition Act 1948 was used to silence the political adversaries of the ruling administration. Today, Prime Minister Najib Tun Razak's government has deemed it necessary to curb individuals, NGOs and even teenagers.

This government refuses to understand that it needs to summon the courage to tackle the necessary and urgent reforms demanded by the electorate. It should not take the easier option of hounding teenagers and people who dare criticise.

The act of arresting, handcuffing and detaining 19-year-old Ong Sing Yee for 15 hours and then interrogating her without the presence of her lawyer, will start a backlash against the authorities.

Ong's crime? She had been charged with sedition for stepping on posters of Najib and his wife, the self-styled First Lady Rosmah Mansor, during the Janji Demokrasi march on the eve of Merdeka Day at Dataran Merdeka.

If Najib and the police would really like to make an impact, they should raid people's homes and arrest, handcuff and detain all those people, including and especially Malays, who use newspapers with Najib's photographs to line their cat litter trays. Some do this with relish, because they claim, this is their own form of silent protest.

Photos of Najib seem to attract all sorts of contempt. Not so long ago. It is alleged he had to arrest boys for throwing bricks at his pictures on KTM trains.

MP for Puchong, Gobind Singh Deo, had already said that stepping on photographs of the prime minister and his wife is not sedition. Najib and his wife are not rulers, nor are they the government. Najib is merely a government servant.

In May, NGO and social activist Irene Fernandez was charged with sedition. A Jakarta daily reported that she had claimed Malaysia was unsafe for migrant workers.

Curbing free speech

In June, the Sedition Act was used by the Johor police to investigate the former Perak mentri besar, Nizar Jamaluddin for his comments on the Sultan of Johore's purchase of the car registration number plate, WWW1. The number plate had cost the Sultan RM500,000 and Nizar opined that the money could be put to a better use, such as helping the poor.

Kosmo, an Utusan publication which printed two cartoons on the controversy, escaped censure.

"Why the double standard in only charging me whereas no action has been taken against Kosmo for the same offence? Is it because Kosmo is an Umno paper whereas I am a Pakatan leader?" asked Nizar.

At the time, Azmi Sharom, a law lecturer at the Universiti Malaya (UM) also criticised the use of the Sedition Act 1948, to prosecute individuals.

"The underlying theme is the government is using all these powers to curb dissent against the government, to curb criticism of the government.

"What they are doing to Nizar is very clearly to suppress his right to free speech, his opinion. This is obviously a bad law… It is bad faith on their part. If they think something is bad, then don't use it. Get it fixed first," said Azmi.

Signs of desperation

It is easy to see what is happening. Najib and members of his Cabinet are clearly showing signs of desperation and fear.

Najib and his administration lack original ideas to push through reforms. They have failed to act on their promises. What happened to the National Harmony Act which Najib promised last June, to replace the Sedition Act?

Malaysia now has an opposition which is strongest and the most credible party to take on the BN government.

READ MORE HERE

 

Constitutional posers for GE13

Posted: 06 Sep 2012 04:03 PM PDT

Once Parliament is dissolved, a general election need not be held immediately. The Constitution permits a delay of 60 days from the date of dissolution.

Dr Shad Saleem Faruqi, The Star

A GENERAL election may be around the corner. So we need to brush up on our knowledge of the constitutional principles relating to elections.

No fixed term: Under Article 55(3) of our Constitution, the life of Parliament is stated to be five years from the date of its first meeting. As that date was April 28, 2008, the existing Parliament will automatically dissolve when the sun rises on April 28, 2013.

However, it is constitutionally permissible for the Prime Minister to advise the Yang di-Pertuan Agong to dissolve Parliament before the expiry of its term and thereby to give himself the advantage of choosing the most favourable time for the electoral contest.

This is in contrast with many Commonwealth countries including Britain which have enacted laws to have fixed term legislatures. Malaysia may wish to emulate this wholesome practice.

Early dissolution: Though the King is a constitutional monarch required to act on advice, in the matter of early dissolution, he has been explicitly vested by Article 40(2)(b) with a discretion to accept or reject his PM's counsel. Conventionally, however, he always obliges though in exceptional circumstances he may not do so.

Elections: Once Parliament is dissolved, a general election need not be held immediately. Article 55(4) of the Constitution permits a delay of 60 days from the date of dissolution. This means that contrary to popular expectations of early polls, the next election can be held as late as the last part of June 2013!

One must note, however, that the timing is not for the PM to determine. The nomination date, the date of polling and the campaign period are in the hands of the Election Commission, which must act with independence and impartiality. The present law permits a campaign period of no less than seven days though news has it that for the next election, the EC will permit 10 days.

Interim period: Between the dissolution of one Parliament and the convening of the next, who steers the ship of state? The Constitution is gloriously silent on this important issue. For this reason, the British constitutional convention is adopted that the incumbent PM who called the election continues to remain in office in a caretaker capacity.

Powers of the caretaker PM: Leadership during interim periods poses problems of democratic legitimacy for the caretaker government. This is due to the fact that once Parliament is dissolved, the PM ceases to satisfy the twin requirements of Article 43(2).

These requirements are that the PM must belong to the House of Representatives and he must in the judgment of the King command the confidence of the majority of the members of the House. As the House ceases to exist, the legitimacy rug is pulled from under the PM's feet.

For this reason there is worldwide debate about the need to impose clear curbs on the powers of interim governments.

In Australia, a Caretaker Conven­tion has been drafted to outline that the proper role of such a government is to be a night watchman, to hold the fort, not to initiate radical policies, not to dismiss or appoint new judges or undertake significant economic initiatives.

In India, the President has on several occasions vetoed caretaker governments' measures because exercise of such powers may embarrass the government to be formed.

In the Malaysian case of PP v Mohd Amin Mohd Razali (2002) the court held that Article 40(1), which requires the monarch to act on advice, is not applicable if the advice is rendered by a caretaker government during the dissolution of Parliament.

Hung Parliament: If no single party or coalition emerges with an absolute (50% + 1) parliamentary majority, the new legislature will be referred to as a hung Parliament.

Such parliaments exist and function throughout the world but have never made an appearance in Malaysia at the federal level. Commentators are deeply divided about their demerits or merits.

Appointment of PM: Whatever one's views on hung parliaments may be, it has to be conceded that they create massive problems for the Head of State on a number of issues, among them the critical one of who is to be trusted with the mantle of leadership. Several competing considerations are available.

First is the incumbency rule. If no one secures an absolute majority, the caretaker PM must be given the first chance to form the government.

Second, in Nepal there is a constitutional rule that in a hung Parliament, the first bite of the cherry must be offered to the leader of the largest party.

Third, if a viable coalition or a unity government can be hammered out, it should get the chance to lead the nation.

Fourth, if no coalition can be cobbled together, the Head of State should appoint a "minority government" that is capable of obtaining ad hoc support to pass the budget and other critical measures.

If the defeated PM asks the King for an immediate "double dissolution", should His Majesty consent? It is submitted that Article 55(4) requires that after one dissolution the new parliament must be convened within 120 days.

The proper course of action would be for Parliament to meet, a vote of no-confidence to be taken and then only the House dissolved for a new election unless an alternative government can be put in place.

Caretaker's tenure: If the ruling party fails at the general election, must the caretaker PM who took the country to the poll resign immediately? In England Gordon Brown refused to step down till he had (unsuccessfully) exhausted efforts to form the government.

If the caretaker PM refuses to step down, can the King dismiss him?

If the formation of a unity or coalition government takes a long time, must the defeated Prime Minster re-main in office till a new PM is appointed? Most amazingly, Belgium went 535 days with a caretaker government because the new government took time to be pieced together.

The permutations of politics are many and more than any other aspect of a nation's political life, general elections throw up issues that test our wisdom to the fullest.

> Dr Shad Saleem Faruqi is Emeritus Professor of Law at UiTM

 

Freedom to be loyal

Posted: 06 Sep 2012 03:59 PM PDT

An anti-hopping law would give party leaders even more power over MPs, who already cannot muster the courage to disobey the party whip if they believe that a Bill is not in the interests of their constituents.

Tunku 'Abidin Muhriz, The Star

MANY commentators with whom I generally agree on measures to improve our country seem to have been hoodwinked into supporting a popular anti-democratic move, namely the banning of party hopping by members of parliament and state legislators.

I opposed this in a political philosophy essay I wrote at university in 2002, I opposed it in my column in 2008 and I oppose it now.

The whole campaign is based on two flawed assumptions.

The first is that Malaysians vote for political parties, not for individuals. This is legally untrue (our Federal Constitution refers to "individuals" elected to the Dewan Rakyat and the "individual" to be appointed Prime Minister, but never to "political parties"), but even those who understand this important distinction claim that "Malaysians vote for parties by default", which has not been scientifically verified (I suspect most Malaysians give consideration to both the party's manifesto and the candidate's background and record).

If it turns out that Malaysians do in fact vote for the party rather than the candidate, they should campaign for a law to be passed to make this a legal reality, but until then, it is dangerous to fix a perceived problem based on unverified claims.

The second assumption is that whenever an instance of party hopping occurs, it is the candidate who is at fault, rather than the party. Well, let us imagine that I vote for Puan Thavamani of the Feline Front because she campaigns (in accordance with the party manifesto) to ban dogs from public roads.

She wins the election, but months later there is an internal party struggle. The leader is replaced, and he reverses the party policy: dogs will now be allowed to roam free everywhere.

I am furious, because I supported the candidate based on this manifesto pledge. If YB Thavamani now supports canine freedom on public roads, she would be violating the trust I placed in her.

At the very least, I would expect her to defy her party whip in relevant parliamentary votes.

But let us imagine that party policy changes in other areas too, and it is clear that the manifesto is being disregarded to the extent that a different political party, the Cats Pact, better reflects the manifesto I supported. I would most definitely support YB Thavamani hopping from Feline Front to Cats Pact better fight for the causes that I supported.

Clearly, if a no party-hopping law was in force, she could not do that.

More flexible commentators agree that she should be able to hop, but must resign and re-contest.

However, apart from the costs involved, this would also be a breach of my trust – I voted expecting her to serve for a full term.

Furthermore, it is possible that the new result could be less democratically legitimate if the by-election has a lower turnout than at the general election (perhaps my critics will then support the undemocratic idea of compulsory voting).

My detractors will say that my analogy does not apply in Malaysia, where the reality is that inducements are made to successful candidates to switch loyalties for pure political power play rather than ideological differences.

Even then, there is a better way to deal with unprincipled party hopping than to attempt to ban it: namely, to democratise the political parties.

At the moment, it is easy for Party Leader A to buy a candidate's support from Party Leader B because in both parties it is the party leader who decides who gets to be a candidate and where: the loyalty goes upwards.

But if Party B were to instead have candidates elected by local party grassroots or even all voters in a constituency (like in US primaries), it would be much more difficult for Party Leader A to buy any support: the candidate would feel loyalty downwards, to a much larger base of people.

Naturally, none of our party leaders from both sides of the divide are supporting such a scheme because they all want to hold on to the enormous powers of patronage they currently enjoy.

Indeed, an anti-hopping law would give party leaders even more power over MPs, who already cannot muster the courage to disobey the party whip if they believe that a Bill is not in the interests of their constituents!

So, while I certainly sympathise with those who are disgusted by unprincipled politicians, I believe that banning party hopping will not deal with the root causes.

Rather, we should seek more democracy within political parties, more transparency on political party funding and more media freedom. These will help ensure that in future, any candidate who wishes to switch allegiance will better have a damn good reason to do so.

> Tunku 'Abidin Muhriz is president of IDEAS

 

Hudud not for a secular country, says Karpal

Posted: 06 Sep 2012 03:45 PM PDT

(NST) - DAP chairman Karpal Singh has dismissed the suggestion by DAP Socialist Youth chief Anthony Loke that non-Muslims should not fear the hudud law.

"As far as DAP is concerned, our stand against hudud has been absolute.

"You can't have two legal systems in criminal law. If you bring in Islamic law, we will have complications," he said, when asked to comment on Loke's statement on the matter, which was reported yesterday.

Loke was quoted as saying that if one was not involved in crime, then they do not have to worry about the implementation of hudud.

Karpal said it was not a question of worrying over the implementation of hudud with regard to non-Muslims, but the fact it is inconsistent with the Constitution.

"We have to go by the set up of the country as reflected in the Federal Constitution. You can't have hudud law in a secular state," he said, adding that hudud could only be applied in a country that was truly Islamic, such as Saudi Arabia.

Meanwhile, MCA leaders strongly objected to Loke's statement that MCA had cast Islam and hudud in a negative light.

MCA Publicity Bureau deputy chairman Loh Seng Kok said for Loke to issue such a statement showed that DAP was actually hiding the fact that they were "idolising Pas leaders", especially those who had been steadfast in their stand on hudud.

He added that the opposition's common stand on Islamic law should instead be highlighted in their Buku Jingga and should not remain in a "grey area".

"For MCA members, we are against hudud because we cannot allow the country to have two sets of laws.

"It's our duty to highlight to the community that if we have one set of laws for Muslims and another for non-Muslims, it will surely create havoc later on," he said.

Loh said imposing different punishments for the same crime may result in grievances.

MCA Youth vice-chairman Yit Lee Kok said MCA's stand was not to discourage others from Islam, but to advise the public that non-Muslims would be affected should the Islamic law be implemented.

Loke was quoted yesterday as saying that MCA had portrayed an extremist image of Islam by its stand on hudud.

 

Political politeness

Posted: 06 Sep 2012 03:31 PM PDT

Culture and courtesy are under attack by youthful ignorance

IGNORANCE is far too often the cause of much unnecessary grief among young people and their hapless parents. The barely adult, rebels without causes and spoiling for one in a peaceful and prosperous country like Malaysia, are easy targets for less-than-responsible politicians.

That some supporters of the so-called "Janji Demokrasi" gathering on the eve  of Merdeka Day were reported to the police for public displays of offensive behaviour that could lead to a public disturbance suggests that many have no real sense of the importance of constructs intended as embodiments of national sovereignty and identity -- an insult to which is punishable by law.

National emblems fall within this category, and all nations go to great lengths to cherish and protect them.The National Emblems (Control of Display) Act 1949 defines a national emblem as "any flag, banner or other emblem... of any state... or any likeness or resemblance however reproduced of any national leader or former national leader of any state or the leader or former leader of... political organisation(s)". What the act does is to regulate and safeguard the public use of these emblems. Though the punishment of offenders is not severe, its writ is large and includes the power of arrest without warrant. A reasonable cause to believe that an offence under the act is being committed can be considered evidence enough.

Unfortunately, how many of our compatriots know this? To many, a flag is more decoration than symbol of national dignity. This is borne out by the many faded and tattered Jalur Gemilang left to litter public spaces. But this casualness is different from the dishonour of replacing or equating the national pennant with something else. The insult alleged to have happened at the same gathering to pictures of the prime minister and his wife is also demonstrative of the infantile nature of political discourse in the country. After all, we do not wish any of us to be so profaned, so why would we wish it on our leaders?

Since the 2008 general election, Malaysians have been treated to astonishing spectacles of incivility. Politicians have been happily photographed stepping on the posters of their foes. Such immaturity cannot be a good thing given that politics consists of the serious business of deciding what is best for the greater good. Every voter must participate and party manifestos, speeches and door-to-door campaigning are the given methods of persuasion. Why then this recent rush to offensive and sometimes violent expressions of protest? Why this sudden descent to barbarism? This is not how Malaysians should conduct their politics and exercise their democratic rights.


Sodomy II appeal: Case management fixed for Nov 23

Posted: 06 Sep 2012 02:30 PM PDT

(Bernama) - The prosecution's appeal against Datuk Seri Anwar Ibrahim's acquittal on a charge of sodomising his former aide Mohd Saiful Bukhari Azlan is fixed for further case management on November 23. 

Court of Appeal deputy registrar N. Kanageswari fixed the date after the case came up for case management before her today.

She fixed another date for case management as the notes of evidence were incomplete and thus the records of appeal were also not complete.

Anwar's counsel Ram Karpal Singh said both the prosecution and defence required time to go through a CD of the recordings of the trial proceedings before the hearing date is fixed.

On January 9 this year, the Kuala Lumpur High Court acquitted Anwar of sodomising Mohd Saiful, 26, at a Desa Damansara condominium unit in Bukit Damansara here between 3.10pm and 4.30pm on June 26, 2008. 

Anwar, 65, was charged under section 377B of the Penal Code, which carries a jail sentence of up to 20 years and whipping, upon conviction.

On January 20, the prosecution subsequently filed a notice of appeal against the opposition leader's acquittal.

On July 9, the prosecution filed its petition of appeal which contained nine grounds.

The 80-page written judgment by High Court judge Datuk Mohamad Zabidin Mohd Diah reveals there was penile penetration but it was uncorroborated by other evidence.

He said the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from Mohd Saiful as the samples could have been compromised before they reached the chemistry department for analysis.

 

Ministry to summon German Ambassador over Suaram funding

Posted: 06 Sep 2012 02:17 PM PDT

(The Star) - The Foreign Ministry will summon the German Ambassador to Malaysia for clarification on the involvement of the German Embassy in Kuala Lumpur in providing funds to Suaram.

Foreign Minister Datuk Seri Anifah Aman said in a statement that the embassy's action could be viewed as interference in the domestic affairs of a sovereign state.

"Malaysia takes exception to the embassy in funding an NGO that is known to have a certain political agenda.

"Foreign embassies have to be mindful of the sensitivities of the host country in general and the way good relations are conducted and maintained," he said in a statement.

The embassy had two days ago admitted to funding a Suaram project, and maintained that it supported Suaram as a human rights organisation "without any political background".

Suaram faced allegations of misused funds and questions over its NGO status after initial findings by the Companies Commission of Malaysia had revealed "highly suspicious" transactions between trading company Suara Inisiatif Sdn Bhd and Suaram.

 

‘Anwar not ready to commit in Sabah’

Posted: 06 Sep 2012 01:56 PM PDT

A forum aimed at getting key opposition leaders to publicly commit to a one-to-one fight with Barisan Nasional in Sabah has been cancelled.

Queville To, FMT

KOTA KINABALU: Demokrasi Sabah's (Desah) bid to get all four main political party leaders in the opposition to publicly commit to a "one-to-one" fight in the coming parliamentary election came to nought after Pakatan Rakyat leader Anwar Ibrahim failed to respond to their invitation.

Desah, a Sabah-based political pressure group, was forced to cancel a public forum scheduled for today because of Anwar.

Desah deputy chairman Ronnie Klassen said DAP national adviser Lim Kit Siang had informed them he was unable to join them due to a prior commitments but Anwar had not bothered to respond to their invitation.

He said an official invitation was extended to Lim through DAP Seputeh MP Teresa Kok, during her visit here last month.

A similar invitation was also extended to Anwar during his recent visit to Kota Marudu to talk at the forum.

"We assume he [Anwar] has his reasons; nonetheless, we have not received any confirmation or news from him," he told reporters here.

Both Lim and Anwar were set to be "key speakers" at the forum aimed chiefly at getting the four key opposition leaders – Anwar, Lim, Sabah Progressive Party (SAPP) leader Yong Teck Lee and Jeffrey Kitingan, the chairman of Sabah STAR – to publicly commit to the people's wish of seeing straight fights with Barisan Nasional in the coming general election.

"It is extremely regretful that Desah has to call off the forum due to circumstances beyond our control.

"But we will continue to play this facilitator role to ensure a one-to-one contest between the opposition and the BN in this coming general election.

"Our role is to ensure that history does not repeat itself like what happened in the last general election when Pakatan went against each other, and benefited BN in the end," Klassen said.

'Leaders not ready to commit'

Meanwhile, Desah chairman Simon Sipaun, who was also present at the press conference, said the absence of the two Pakatan leaders had made the forum redundant.

"We want to see, if possible, DAP and SAPP come to an understanding not to fight against one another for their own interest.

READ MORE HERE

 

Swiss govt ready to freeze Musa’s accounts

Posted: 06 Sep 2012 01:53 PM PDT

However, this could only happen if Malaysia were to submit legal-assistance requests to Switzerland. 

(FMT) - The Swiss government has indicated its "readiness" to freeze the "illicit assets" of politically exposed Malaysian leaders if Malaysia submits legal asistance requests to its government.

According to Switzerland, the nation's federal constitution empowers the Swiss government (known as the Federal Council) to freeze assets of politically exposed persons in Switzerland.

"Such a freeze usually happens with a view to entering into legal-assistance relations with the countries of origin," it said in an official statement which was released by a Swiss-based NGO Bruno Manser Fund (BMF) today.

The statement came days after the announcement by Switzerland's Attorney-General that it had opened a criminal case against Swiss bank UBS on grounds of the bank's suspected laundering of US$90 million on behalf of Sabah Chief Minister Musa Aman.

The statement was a written response to questions submitted last May by Swiss social democrat MP, Carlo Sommaruga.

In the official reply, the Swiss Federal Council declared its readiness to freeze illicit assets of politically exposed persons from Malaysia, namely Musa and Sarawak Chief Minister Taib Mahmud.

Both Musa and Taib have been accused of amassing unexplainable amount of wealth while helming their respective states. Of the two, Taib allegedly has a worse track record which BMF and online investigative portal Sarawak Report have actively exposed.

But in declaring its willingness to act, the Swiss government noted that this could only happen if Malaysia were to submit legal-assistance requests to Switzerland.

"Switzerland has hitherto not been requested by Malaysia to provide legal assistance.

"Should such a request come from Malaysia, then Switzerland would provide the legal assistance if the legal prerequisites are met and if there are no grounds for exclusion. The request would have to be first examined by the Federal Office of Justice.

"At the moment, such a situation does not exist in the case of Malaysia," the official statement said.

Swiss-aided HK probe

Musa and his UBS accounts have been the focus of parallel investigations in Singapore, Malaysia, Hong Kong and Switzerland for alleged money laundering running into hundreds of millions dollars.

The investigations have taken its toll on UBS's other alliances.

READ MORE HERE

 

‘Anwar, rakyat Sabah tidak menyokong kamu’

Posted: 06 Sep 2012 01:50 PM PDT

Timbalan Ketua Umno Semporna, Datuk Nasir Sakaran berkata, majoriti rakyat Sabah menyokong Datuk Seri Najib Tun Razak.

Muda Mohd. Noor, FMT

Seorang  pemimpin BN Sabah mengingatkan Datuk Seri Anwar Ibrahim dan Pakatan Rakyat supaya menjauhkan dari negeri itu kerana rakyat negeri di bawah bayu menolak mereka.

Timbalan Ketua Umno Semporna, Datuk Nasir Sakaran berkata, maJoriti rakyat Sabah menyokong Datuk Seri Najib Tun Razak.

Katanya, tindakan lompat parti Datuk Seri Lajim Ukin dan Datuk Wilfred Bumburing tidak memberi sebarang kesan kepada BN.

"Mereka berdua sudah biasa lompat parti jadi rakyat Sabah kini sedang menilai.

"Rakyat tertanya-tanya adakah pemimpin seperti yang mereka mahu," katanya ketika diminta mengulas perkembangan politik terbaru di negeri itu.

Sabah kini menjadi simpanan tetap BN sejak Umno melebarkan sayap di negeri itu pada tahun 2004.

Anwar dan pemimpin pembangkang lain berulang kali mengatakan penguasaan BN akan berakhir dalam PRU ke 13.

Nasir berkata, usaha pihak tertentu menghidupkan semula bagi merancakkan lagi politik Sabah menjelang pilihan raya umum tidak akan berjaya.

'Ungkit kisah lama'

Nasir berkata, sebahagian besar pemimpin dan ahli Usno telah menyertai  Umno.

READ MORE HERE

 

STAR first political party to sign TI pledge

Posted: 06 Sep 2012 01:46 PM PDT

Twenty-five potential Sabah STAR election candidates have signed an integrity pledge by Transparency International. 

Luke Rintod, FMT

KOTA KINABALU: Transparency International (TI) has praised the State Reform Party (STAR) for being the first political party in Malaysia to sign an "integrity pledge" to be honourable and incorruptible at the coming general election.

TI-Malaysia president, Paul Low Seng Kuan, said he was happy that STAR has come forward as a group and signed the pledge at its first convention here today, ahead of a crucial general election, due by April next year.

"It is an important step taken to strengthen societal trust in our politicians and our democracy and governance. We must fight corruption as corruption has failed nations," he said.

STAR led by its founder, Patau Rubis, president Dripin Sakoi and Sabah chairman Jeffrey Kitingan jointly led a group of 25 Sabah STAR leaders in the pledge at the end of the one-day convention at Star City convention hall here.

Then the group led by Jeffrey read aloud their pledge in Malay before Low and the more than 2,000 delegates including scores from Sarawak, especially from Lawas, Mambong and Mas Gading areas.

By doing so, Sabah STAR also revealed its likely candidates in at least 25 parliamentary and state constituencies, as those who were selected to sign the integrity oath are front-running candidates.

Some of them recently resigned from their jobs including a few teachers.

Among the 25 identified were STAR Sabah deputies, Awang Ahmad Sah Awang Sahari, Daniel John Jambun, and Dr Nicholas James Guntobon as well as senior members Baharudin Nayan, Edward Linggu, Rubin Guribah, Maklin Masiau, Dr Felix Chong, Phillip Among, Hasmin Azroy Abdullah, Melanie Annol, Marunsai Dawai, Suwah Bulleh, Fedrin Tuliang, James Ait, Edward Podok and Alex Sintin.

But Sabah STAR secretary, Guandee Kohoi, when contacted, clarified that those who were selected to sign the TI integrity pledge today were not automatically candidates.

READ MORE HERE

 

Judiciary has failed the rakyat

Posted: 06 Sep 2012 01:42 PM PDT

Will the judiciary take all the blame if both Nor Afizal and Chuah were to commit more rapes?

Jeswan Kaur, FMT

It's confirmed that the two judicial experts who found statutory rape of two minors a non-issue need help in understanding what rape is – or else they will go on delivering reproachful judgments in favour of rapists.

On Aug 28, Sessions Court judge Nisa Abdul Aziz released a 22-year-old electrician Chuah Guan Jiu on "good behaviour" after he was convicted of raping his then 12-year-old girlfriend twice last year.

Chuah was instead bound over for three years on a RM25,000 good behaviour bond. He had committed the crime at his flat in Jalan Ru 1, Air Itam on July 18 and 19.

The offence under Section 376(1) of the Penal Code carries a jail sentence of up to 20 years' jail and whipping.

But Nisa decided that since the sexual act was consensual between Chuah and the victim and that he had not tricked her into the act, no "rape" had taken place.

Nisa made the perpetrator's future her priority, not the fact that he had tricked his minor partner into having sex with him; the facts of the case stated that Chuah had persuaded the victim to skip school and follow him to his home, which then led to the offence being committed.

So the judge thought best that Chuah be bound over for three years on a RM25,000 good behaviour bond.

A shame that the judge failed to understand the psyche of a rapist who not once but twice raped his schoolgoing girlfriend. Worse still, Nisa made the probation report her "bible" in stating that Chuah did not have a prior criminal record and was a Form Two school drop-out.

What is even more shocking is that Nisa, like her predecessor, Court of Appeal president Raus Shariff, displayed her ignorance on what constitutes statutory rape and that Malaysia is a signatory to the United Nations Convention on the Rights of the Child (CRC) 2009.

According to the Committee on the Rights of the Child – Implementation Handbook for the CRC, a girl under the age of 18 is a minor and is not in a position to give informed consent.

The second-highest ranking judge in the country, Raus had opted to show concern for perpetrator Noor Afizal Azizan's "bright future" in setting aside the five-year jail term imposed on the national bowler by the Malacca High Court, and instead binding him over for good behaviour.

Nor Afizal, then 19, was charged with raping his 13-year-old girlfriend at a hotel in 2010.

A tragedy that Nisa and Raus have not only failed to uphold justice but they have also downplayed the crime of statutory rape, claiming, on the contrary, that consensual sex between a minor and an adult is "permissible" under the law.

Nightmare for the parents

By siding with the rapists, both Nisa and Raus have decided that the welfare of the rape survivors is none of their business and that irrespective of their ages, rape survivors are "party" to rape.

When Raus's judgment created a public uproar, all he did in trying to clarify his decision was to say that despite being let off on a personal bond of RM25,000 for good behaviour, public interest had been served as Nor Afizal had been convicted and the offence recorded.

Raus' clarification comes as a nightmare to the parents of the young girls. What do we make of such senarios – a rapist is allowed to roam about freely simply because the judge was impressed with his "credentials" or because the rapist is too young to do jail time?

Are Raus and Nisa willing to take all the blame if both Nor Afizal and Chuah were to commit more rapes?

READ MORE HERE

 

Malaysia's UMNO goes after a critic

Posted: 06 Sep 2012 09:55 AM PDT

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(Asia Sentinel) - Never mind 150 million euros in bribes, a dead woman and a global scandal, go for the whistle-blower's throat

In November of 2009, Suaram, the Kuala Lumpur-based human rights NGO, asked a French investigative law firm to look into what appeared to be huge bribes and kickbacks paid to Malaysian politicians by the French state-owned defense company DCN and its subsidiaries for the 2002 purchase of two submarines and the lease of a third.

The story was complicated by the sensational 2006 death of a Mongolian translator and party girl, Altantuya Shaariibuu, who was shot by two of then-Defense Minister Najib Tun Razak's bodyguards and her body was blown up with military explosives. While the bodyguards were convicted of her for-hire killing, the court appeared to have actively suppressed any mention of who allegedly paid the two to kill her, raising Suaram's concerns that there would be no justice delivered.

In the intervening three years, Suaram's request to the law firm, headed by the Paris-based William Bourdon, resulted in a probe that exposed nearly 150 million euros in questionable funds paid to a close friend of then-defense minister Najib Tun Razak, now Malaysia's prime minister.

Eventually, when a Paris-based investigating magistrate began to examine the evidence, the court turned up voluminous memos, emails and other documents from a raid on DCN's offices indicating that massive bribes had been paid with the full knowledge of Alain Juppe, the French foreign minister, Mahathir Mohamad, then the prime minister of Malaysia, and Najib, who had negotiated the purchase. The evidence detailed a host of other sleazy dealings.

Some 133 documents listing the alleged criminal dealings were obtained independently by Asia Sentinel and posted here on June 25 on the Internet. Although the documents are in French, those who do not speak the language can get them onto their computer screens and click on Google Translate. While the grammar is somewhat primitive, their meaning is very clear. Those who do not want to bother may read two stories that Asia Sentinel published on the subject on 25 June. They can be found here and here.

The publication of the documents kicked off a storm in France and Malaysia. But what the publication of the French documents or the investigation did not do was spur any probe of the purported criminal activities in Malaysia.

What it did do, however, was to precipitate an unprecedented attack by a wide range of pro-government bloggers, ruling coalition politicians and others on the reputation and integrity of Suaram, and by extension against Asia Sentinel for printing the documents.

Read more at: http://www.asiasentinel.com/index.php?option=com_content&task=view&id=4800&Itemid=178

 

Kredit: www.malaysia-today.net
 

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