| DAP accuses The Star of misreporting hudud quit vow Posted: 26 Sep 2011 01:18 PM PDT 
By Shannon Teoh, The Malaysian Insider KUALA LUMPUR, Sept 27 — The DAP accused The Star today of falsely reporting that Lim Guan Eng had threatened to pull the party out of Pakatan Rakyat (PR) if hudud became part of the pact's joint policy. Zairil Khir Johari, Lim's political secretary, wrote in an open letter to the English daily that the party secretary-general had merely promised that "the entire central executive committee (CEC) would resign to take full responsibility if hudud" became PR policy. "An initially correct report had come to be replaced by one that was imaginatively concocted," Zairil(picture) wrote. He said that a correct version of the article was uploaded on thestar.com.my on September 25 in which the reporter quoted Lim as saying that the party's CEC would resign if anyone could prove that hudud law was in the Common Policy Framework (CPF) or Buku Jingga. But a second version was uploaded the next day which changed the headline from "Guan Eng: DAP top leadership will quit if hudud law included in Pakatan policy" to "DAP leaders threaten to quit Pakatan council". Zairil said the second article "implied wrongly and falsely that Lim had threatened the resignation of the party's top leadership" from PR. PR issued a gag order yesterday on all PR parties, barring their members from speaking on the hudud issue until the pact's leadership meets tomorrow. The hudud issue reared its head again recently, reigniting the longstanding squabble among PR parties over whether the Islamic law, which prescribes stoning, whipping and amputation as punishment for criminal offences, should be implemented. Major newspapers front-paged yesterday the declaration by Lim that his entire DAP central leadership would quit if the controversial law was made a part of PR's Buku Jingga agenda. READ MORE HERE. |
| Whilst the nation inches towards financial ruin… Posted: 26 Sep 2011 07:51 AM PDT 
THE PEOPLE'S PARLIAMENT I have to confess that most times that Arthur engages me on the global capital markets, much of what he says is Greek to me. Still very much a kampung boy, I guess. Not so kampung boy, though, that I cannot make out from this report in the Malaysianinsider that the attention of the whole world is turned to how Europe and the US deal with their debt crisis that is threatening to wreak havoc in national economies worldwide. Well, the whole world except, it would seem, in Kelantan. Maybe even the whole country. Certainly, though, Kelantan seems oblivious to the impending financial crisis. Nik Aziz seems determined to see hudud made the paramount law of all Kelantanese who profess Islam as their religion. And the law applicable to any Muslim passing through the state. Prof Aziz Bari, as reported in Malaysiakini, seems dead certain that the majority of Kelantanese are all for hudud law being implemented in the state. Why, he says, the government is even prepared to take a referendum to the people on this issue. What's not clear from the report is, firstly, whether by 'majority of Kelantanese', Aziz also meant the non-Muslim community, and, secondly, whether the Kelantanese non-Muslim community would also partake in any state-wide referendum on the issue? What good, though, would such a referendum serve unless those who think it unwise to de-secularise Kelantan are given the widest possible berth to share those concerns with all the Kelantanese? Will PAS allow for this? Aziz is quoted as saying that he had the opportunity to listen to the sentiments of the grassroots and thereby discerned their inclination towards the implementation of hudud in the state. It would have been good if, even as he sought their views on the hudud, Aziz had also elicited from that same grassroot their thoughts and concerns about the economic development or, more accurately, the near absence thereof, in the state. Kelantan is, after all, ranked 5th amongst all the states in terms of the incidence of poverty. As PAS pushes to implement hudud, do they also have a plan to uplift the economic lot of the impoverished Kelantanese? That you do not need hudud law to rejuvenate the economy is exemplified by what the Pakatan state government has achieved in Penang these last 3 years. Aziz postulates that there is no restriction in the constitution for the introduction and implementation of Islamic law, including the hudud. His reasoning then, seems to be that as there is no such restriction and as the majority favour it, the will of the majority be done. Aziz must concede that there is also no prohibition in the constitution for the introduction into law of any Christian precepts. READ MORE HERE |
| The Hudud issue: FOR and AGAINST Posted: 26 Sep 2011 07:08 AM PDT 
Basically, you have a democratic right to dream about Hudud and to support it. And you also have a democratic right to have nightmares about Hudud and to oppose it. The problem is, both sides do not understand democracy and do not respect the democratic right of someone to support or oppose what they feel they want to support or oppose. NO HOLDS BARRED
Raja Petra Kamarudin Let us first argue FOR.
We are always shouting and screaming that Barisan Nasional does not respect the Federal Constitution of Malaysia. We accuse Barisan Nasional of violating the Constitution. But is it only Barisan Nasional that is guilty of this or are we also guilty of the same?
What does the Constitution say? It says that religion (meaning Islam) is a state matter and comes under the Ruler of that state. In states that do not have Rulers, then religion comes under the Agong.
That means the states have power over matters involving Islam.
Now, this is what the Constitution stipulates. And if we don't like that or do not agree with that, tough! Then we shall have to amend the Constitution so that matters concerning religion can be brought under the control of the federal government.
However, to do that, we shall first have to control a majority in Parliament. And that means we will have to ensure that we vote in a new government that is prepared to make these amendments to the Constitution.
And if we can't find any government that is prepared to make these amendments then we are stuck. That means that particular Article in the Constitution will stay and cannot be amended.
Okay, since religion is a state matter, this means each state decides on all matters concerning the Shariah. For example, one state might ban Muslims from drinking and punish offenders with a fine. Another state might punish offenders with a jail sentence while, yet another, may impose whipping as the punishment. Then we might see a situation where a state does not punish offenders at all and just turns a blind eye to Muslims who drink.
Ultimately, it is entirely up to that state what it wants to do with regards to the Shariah, whether it involves liquor, illicit sex, or whatever. But in situations like prostitution, rape, robbery, murder, etc., where we already have federal laws concerning such crimes, then federal laws and not state Shariah laws would apply. Federal laws override state laws even in matters concerning Islam. Only when the federal laws are 'silent' would the state laws apply.
The bottom line is, the state decides what it wants to do in all matters concerning Islam unless there are already federal laws to address certain issues, mostly related to crimes.
So, 20 years ago, Kelantan passed a bill in the State Assembly to enact the Shariah law of Hudud and, ten years ago, Terengganu did the same. So what is wrong with that? Isn't that the powers of the states? Since it is legal then why are we making an issue out of it?
However, if it involves liquor, illicit sex and whatnot, the state can impose whatever punishment it wants. Only when it involves crimes already covered by federal laws will Parliament have to approve those new state laws first before they can be implemented.
And Parliament did not approve them. Parliament blocked the move by Kelantan and Terengganu and until today the Shariah law of Hudud can't be implemented in those two states. That is also correct. That is within the powers of Parliament. And, until the majority in Parliament votes otherwise, this state of affairs will continue.
Now, assuming they do a referendum and more than half the citizens of Kelantan and Terengganu (two states where 97% of the population are Muslims) vote in favour of Hudud and, say, Parliament decides (by majority vote) to approve these laws since a referendum has been taken and more than half the citizens of those states voted in favour of these laws, is this not democracy at work?
We say we want democracy. Well, that is democracy. Why then are we still shouting and screaming? So you see, democracy works both ways. And democracy may not necessarily always be good when we are in the minority. However, whether you like it or not, majority rules. And this is the reality we have to accept. Tough!
Now let us argue AGAINST.
The theists (in this case the Muslims) argue that the Shariah law of Hudud is God's law. And because of that they want the Hudud laws to be implemented in Malaysia.
That is well and fine if Malaysia were a theological state. But Malaysia is not a theological state. Malaysia is a parliamentary democracy modelled after Britain's Westminster system of government. In short, Malaysia is a Secular State with partial implementation of the Shariah -- but only in certain matters and certainly not in matters involving crime.
So, again, we have to go through the same process as what we argued above for the FOR. That means you need to get Parliament to approve these new state laws. And, to do that, you will need to control a majority in Parliament. And if that can't be done, tough! Then nothing is going to happen.
Chances are we shall continue to see different governments at state and federal levels for a long time to come. And that would mean the federal government would continue to move in the opposite direction to the state governments. And that means the Shariah law of Hudud will continue to remain mere talk and an aspiration of certain people who are never going to see it happen.
Yes, Malaysia is a democracy. So you are free to continue talking about it and aspire to see it happen. That is your democratic right. But whether you are ever going to see it happen is another thing altogether. And it is not right for those people who grudge you talking about it and stop you from aspiring to see it happen. You have every democratic right to wish for the Shariah law of Hudud and no one should tell you to shut up.
In this situation both sides are wrong. Those who do not allow those who support Hudud to talk about it are wrong. And those who want to force Hudud down the throats of Malaysians using the argument that this is God's law are also wrong.
Basically, you have a democratic right to dream about Hudud and to support it. And you also have a democratic right to have nightmares about Hudud and to oppose it. The problem is, both sides do not understand democracy and do not respect the democratic right of someone to support or oppose what they feel they want to support or oppose.
This is the crux to the whole matter and this is why we are seeing so much conflict amongst Malaysians with regards to this very touchy matter called Hudud.
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| The Chinese ‘Third Force’ finally sees life Posted: 26 Sep 2011 05:04 AM PDT 
This is going to paint an entirely new scenario come the next election. MCA, MIC, Gerakan and Pakatan Rakyat are all fighting for Chinese and Indian support. But the Chinese and Indians are not impressed with political power (especially against the backdrop of an ineffective MCA, MIC and Gerakan and a not-going-anywhere DAP and PKR). They are only interested about anyone who can give them financial support, in particular for their education needs. THE CORRIDORS OF POWER Raja Petra Kamarudin While politicians and political parties like MCA, MIC, Gerakan, DAP, and PKR, and movements like Hindraf, have been jostling and elbowing one another in trying to position themselves as champions of the Chinese and Indian communities, three leading Chinese tycoons have been quietly getting together without any fanfare to set up an education charity fund called the Community Chest.
The Community Chest, which will be dishing out RM200 million a year to support Chinese and Tamil-national type schools and mission schools throughout Malaysia will be managed by a Board of Trustees and chaired by Genting Malaysia chairman and chief executive, Tan Sri Lim Kok Thay. And the funding for the Community Chest will come from Pan Malaysian Pools, which is being acquired for RM2.1 billion.
The Community Chest, the brainchild of the three prominent Tan Sris (Lim Kok Thay, Chua Ma Yu and Quek Leng Chan), are going to do what the politicians and political parties just talk about but can't do -- finance Chinese and Indian education.
This has been brewing in the background for quite awhile and saw fruition a few days ago -- while MCA and Gerakan were busy threatening to leave the Barisan Nasional ruling coalition, Pakatan Rakyat was busy threatening to break up due to the conflict over the Hudud issue, and Hindraf was busy threatening to boycott the elections if it does not get the seats it is demanding.
Lim Kok Thay, Chua Ma Yu and Quek Leng Chan have pledged to plough back all the profits from Pan Malaysian Pools into the Community Chest. In other words, they are making this acquisition not for profit but to finance Chinese and Indian education needs.
This is one thing the Malays do not understand. The Malays have the impression that number one on the list of priorities for the Chinese is profit. Actually that is not so. Number one to the Chinese is education and these three tycoons have proven that.
This move suddenly makes political parties irrelevant. The Chinese are not concerned with political power. The Chinese politicians are, of course. But the man-in-the-street is more concerned with education and the Community Chest is just what the Chinese and Indians have been wishing for and is finally here.
This is going to paint an entirely new scenario come the next election. MCA, MIC, Gerakan and Pakatan Rakyat are all fighting for Chinese and Indian support. But the Chinese and Indians are not impressed with political power (especially against the backdrop of an ineffective MCA, MIC and Gerakan and a not-going-anywhere DAP and PKR). They are only interested about anyone who can give them financial support, in particular for their education needs.
Yes, say what you like, what we are seeing is the emergence of a new 'Third Force', a Chinese 'Third Force', that will command tremendous respect and goodwill from the voters.
RM200 million a year is no small potatoes. RM200 million a year will go a long way into helping the children of Chinese and Indians to get the education they need. Over the next ten years, that is going to come to RM2 billion, a colossal sum of money. And the fact that Lim Kok Thay, Chua Ma Yu and Quek Leng Chan have pledged not to take any of the profits but to plough back 100% of whatever they make into the education fund speaks volumes about their commitment to the needs of the Chinese and Indians kids.
My final word to the politicians, political parties and movements that claim to represent the interests of their communities, continue screaming. And while you scream and nothing gets done, people like Lim Kok Thay, Chua Ma Yu and Quek Leng Chan quietly go about meeting the needs of their community.
Now do you understand what I meant a year ago when I talked about THE THIRD FORCE? ***************************************
Genting to buy Pan Malaysian Pools for RM2.5bil?
(The Star, 5 July 2011) -- The market is again abuzz with speculation that Genting Bhd, whose businesses include gaming and leisure under Genting Malaysia Bhd in which the company has a 49.39% stake, is finalising the deal to acquire Tanjong plc's gaming unit Pan Malaysian Pools Sdn Bhd (PMP) for an estimated RM2.5bil.
While speculation of Genting having won the bid is not new, this time sources have told StarBiz that the deal was definitely going through.
"They'll be signing the deal on Thursday worth RM2.5bil," a source said, adding that four persons were involved in seeing the deal through.
However, another source said Genting's bid has too many conditions and therefore the other bidders have been asked to resubmit their offers.
Besides Genting, Tanjong's gaming arm has attracted other bidders including Olympia Industries Bhd, the Rimbunan Hijau group controlled by Sarawak-based tycoon Tan Sri Tiong Hiew King, Ekovest Bhd executive chairman and co-founder Datuk Lim Kang Hoo, Filipino tycoon Roberto Ongpin and the Cheng family, who operates slot machines in Kuala Lumpur.
A third source said that while the structure of the deal was always important, that would not prevent the deal from going through. "From what I understand, this deal will go through," he said.
Genting and Tanjong officials were unavailable for comment at press time yesterday.
PMP operates number forecast and race totalisator businesses as well as manages the 240-acre national stud farm in Tanjung Rambutan, Perak.
According to a gaming analyst, the impact on Genting would depend on the price. "A new entrant will intensify competition," she said.
Besides PMP, which has a 24% market share in the numbers forecasting business, the other operators include Berjaya Sports Toto Bhd and Multi-Purpose Holdings Bhd, which has 40% and 36% market share respectively.
Initial estimates from last year after Tanjong was taken private by T. Ananda Krishnan (who controls the company) last September valued PMP at RM2.3bil to RM2.5bil.
The decision to sell the gaming assets was to facilitate the entrance of other investors who could only invest in syariah-compliant businesses as Tanjong, which has a power-generation business, planned an expansion for this business. **********************************
Malaysia's Tanjong sells stake in gaming unit for RM2.1 billion
(Reuters, 1 August 2011) -- A firm controlled by Malaysian tycoon Ananda Krishnan has agreed to sell its stake in gaming operator Pan Malaysian Pools to a consortium of businessmen for 2.1 billion ringgit, the Edge Financial daily reported on Tuesday.
The paper cited unidentified sources as saying the consortium taking over the number forecast operator from recently privatised Tanjong included gaming operator Genting CEO Lim Kok Thay.
Lim's share in the consortium stood at between 250 million to 300 million ringgit.
Others in the consortium included Quek Leng Chan who controls Hong Leong Bank and conglomerate Lion Group CEO and Chairman William Cheng.
Tanjong officials and members of the consortium were not immediately available to comment
The Edge said the group's bid for Pan Malaysian Pools included plans to list the firm on the Kuala Lumpur stock exchange. A local bank will provide the group with a RM 1.5 billion loan to fund the acquisition.
Pan Malaysia Pools controls a 24 percent market share in the number forecasting business that's dominated by larger rivals Berjaya Sports Toto and Multi-Purpose Holdings .
Selling off Pan Malaysian Pools is part of Tanjong's plan to become more syariah compliant as it seeks to expand its power generation business by tapping markets in the Middle East.
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| WIKILEAKS: Malaysia Promotes Islamic Finance: US Firms Concerned over Governmental Preferences Posted: 26 Sep 2011 01:00 AM PDT A primary constraint in developing the Islamic finance industry is the lack of consensus among Islamic scholars from the Middle East and Southeast Asia on what is permissible under Sharia (Islamic law). Two fundamental differences account for the main barriers between how Islamic finance is practiced in Malaysia vs. the Middle East: the selling of debt instruments and the mingling of conventional and Islamic funds. THE CORRIDORS OF POWER Raja Petra Kamarudin 
1. (U) Summary: Demand for Islamic financial paper continues to outstrip supply, due in large part to the growing interest of Middle East petrodollar holders to park their money in Sharia compliant instruments. The biggest success story to date is the Islamic bond (sukuk), the only product Islamic scholars from different parts of the globe have reached consensus on regarding their permissibility under Islamic law. The Government of Malaysia (GOM) continues to push for global consensus on a wider range of Islamic products and it is implementing regulatory and tax preferences for firms offering such products in an effort to make Malaysia a global hub for the industry in this growing niche market. As part of the GOM promotion effort, Malaysian Central Bank Governor Dr. Zeti Aziz has agreed to be the keynote speaker (see para 7) at a conference on Islamic Finance organized by the American-Malaysian Chamber of Commerce in Washington this October. Private sector views on the potential for Islamic finance are mixed but some U.S. firms have expressed concern that the GOM's preferential policies are creating an uneven playing field in Malaysia's financial market. End summary. Lack of Consensus on Sharia Compliance is a Major Constraint 2. (U) A primary constraint in developing the Islamic finance industry is the lack of consensus among Islamic scholars from the Middle East and Southeast Asia on what is permissible under Sharia (Islamic law). Two fundamental differences account for the main barriers between how Islamic finance is practiced in Malaysia vs. the Middle East: the selling of debt instruments and the mingling of conventional and Islamic funds. 3. (U) In Malaysia, Islamic scholars have accepted the practice of selling a debt instrument, while Middle Eastern scholars have determined that this is forbidden. In the Middle East, a bank practicing both conventional and Islamic finance conducts both types of business off the same balance sheet. In Malaysia a conventional bank engaging in Islamic finance is required to maintain a separate "window" with a separate set of books. The Islamic Bond: No Secret about its Success 4. (U) The concept of an "Islamic bond," however, has been accepted as Sharia-compliant by Islamic Scholars in both Southeast Asia and the Middle East. In fact, it is the only Islamic financial product on which consensus has been reached. This consensus is widely credited for driving demand for it through the roof. For example, earlier this year Khazanah, a Malaysian government-owned investment corporation, decided to offer a US$600 million equity-linked Islamic bond denominated in U.S. dollars. The bond was thirteen times oversubscribed; subsequently Khazanah decided to increase the amount on offer by 42% to US$850 million (REF A), with fifty percent of the issuance allocated to investors from the Middle East. Building Consensus on Other Islamic Principles 5. (U) Recognizing that consensus on Sharia compliance will be essential to developing this niche market, the GOM has established the Malaysian International Islamic Finance Center (MIFC) which includes a board of Islamic scholars from an array of different Muslim-majority countries. The GOM sponsors board meetings in Paris, London, and elsewhere in an effort to encourage consensus-building on Sharia compliant financial instruments. Central Bank Governor Dr. Zeti Akhtar Aziz told U.S. Ambassador Lafleur that she expected broad consensus among Southeast Asian and Middle Eastern Sharia scholars within two years (REF B). Consistent with the GOM's effort to promote Islamic finance, Central Bank Governor Dr. Zeti has agreed to deliver the keynote address at a conference in Washington, D.C. on October 18 entitled "Islamic Finance in Southeast Asia: Local Practice, Global Impact." Malaysia's Federal Budget Delivers More Favors for Islamic Finance 6. (U) The GOM is also using its Federal Budget Proposal for 2008, released September 7, to introduce provisions designed to promote Malaysia as a hub for Islamic Finance. These include: -- Non-resident experts in Islamic finance will be exempt from income tax, subject to verification of their credentials by the Malaysian International Islamic Financial Center (MIFC). This is designed to attract more talent from countries in the Middle East, many of which do not impose income tax. (This provision was championed by Citibank Malaysia which engages in both conventional and Islamic finance.) -- An existing tax exemption for management fees for Islamic funds for foreign investors will be extended to Islamic funds managed for local investors as well. -- Tax exemptions for issuers of Islamic Financing through Special Purpose Vehicles will be expanded. -- Specific tax provisions for Islamic insurance (takaful) operators will be introduced. Players Get Energized 7. (U) With such strong GOM encouragement, interest in Islamic finance is accelerating in Malaysia. On September 17 Bank Islam Malaysia signed a strategic partnership with London-based European Islamic Investment Bank PLC, according to press reports. The partnership is intended to link up the European and Asian markets for financial products that are compliant with the principles of Sharia (Islamic law). Bank Islam Managing Director Zukri Samat told reporters the bank planned to bid on arranging several Islamic bond issues, including one for US$300 million jointly with its new partner. Conventional Finance Being Crowded Out? 8. (SBU) Brad Bennett, CEO of American Home Assurance Company Malaysia, a wholly-owned subsidiary of U.S.-based American Insurance Group, told ECONOFF he was concerned that preferential regulatory treatment of Islamic Insurance (takaful) was crowding out conventional insurance products in Malaysia. The company had applied for a license to do Islamic insurance in Malaysia, but has yet to receive approval. Meanwhile, customers are switching, he said. On August 29, Central Bank Deputy Governor Zamani Abdul Ghani invited applications for reinsurance licenses (REF C). 9. (SBU) Citigroup Malaysia CEO Sanjeev Nanavati expressed similar concerns, saying the GOM's special concessions and incentives for Islamic finance gave its practitioners an unfair advantage. But Citi continues to believe Islamic finance faces so many obstacles that it will continue to struggle, even with GOM support. 10. (U) Comment: The Government of Malaysia is determined to make the country a global hub for the industry and thereby maintain the leading edge its financial firms currently possess in this growing niche. Moreover, it is coming through with the funding, the political pressure, and the regulatory and tax advantages to smooth development for financial companies in this highly regulated economy. Obstacles and opportunities in this niche market will be reviewed septel. (September 2007) |
| DAP like small child scared of ghosts, says Nik Aziz Posted: 25 Sep 2011 11:28 PM PDT 
(Bernama) - Kelantan Menteri Besar Datuk Nik Abdul Aziz Nik Mat said the hudud law proposed to be implemented in Kelantan had nothing to do with non-Muslims and as such, DAP had no reason to oppose it. He likened DAP to "a small child who is scared of ghosts", and contended that hudud which was to be implemented in Kelantan, was fairer and did not involve the non-Muslim community.
"Why does DAP want to leave (the opposition pact)? Hudud is for the Muslims. So, what is DAP's connection with the Muslims? Some people are scared of hudud like they're scared of ghosts," he told reporters at the Menteri Besar's residence, here, today.
Yesterday, Nik Aziz said the hudud law would be implemented in Kelantan's syariah courts despite opposition from DAP. The DAP leaders, however, had reportedly said that they would resign en bloc if hudud implementation was incorporated into the common policy framework of the opposition grouping.
In KUALA LUMPUR, Pas secretary-general Datuk Mustafa Ali has asked all Pakatan Rakyat leaders not to make any statement on the hudud issue until their monthly meeting this Wednesday. He said this had been agreed upon between him, Parti Keadilan Rakyat (PKR) secretary-general Saifuddin Nasution Ismail and DAP Youth head Anthony Loke.
Mustafa said the meeting on Wednesday which should be discussing the 2012 Budget, would give priority to the sensitive hudud issue and that a joint stand would be made on it.
In TANJUNG KARANG, Selangor Umno liaison deputy chief Datuk Seri Noh Omar said PAS should withdraw from Pakatan Rakyat if it was really an honourable party and wanted to struggle for Islam.
However, whatever the 'dispute' or "sandiwara" (drama) created by Pas or DAP over the hudud issue, Noh believes that both parties will not leave the opposition grouping.
"Challenging and counter-challenging between Pas and DAP are merely political gimmick, to show to the public that they have a current issue to address," said Noh, after handing over contributions to 128 Haj pilgrims-to-be from the Tanjung Karang parliamentary constituency today.
Noh who is also Agriculture and Agro-based Industry Minister, said the opposition was especially fond of raising the hudud implementation issue whenever the general election was thought to be near. |
| Malaysia in the Era of Globalization #83 Posted: 25 Sep 2011 11:08 PM PDT 
That is why the West is so advanced. People there obey the law even when no one is watching! M. Bakri Musa
Chapter 10: Freedom, Justice, and the Law
No person is perfect enough to be entrusted with the liberty and dignity of others.
—Mahmoud Mohamed Taha (1909-1985)
Sudanese Reformist, executed by his country's military rulers. I was visiting Malaysia after being away for many years. It was right after the race riot of 1969. The streets were still deserted, and I was driving with my father when we came upon a stop sign at an intersection. I duly stopped, looked around, and finding no oncoming traffic, proceeded. My father asked why I stopped, and I responded that there was a stop sign. Startled by the unexpected question, I looked back to find him in a pensive mood, his face tilted, and his eyes looking far into the distance. After a long pause, he matter-of-factly murmured, "That is why the West is so advanced. People there obey the law even when no one is watching!"
Intuitively he had concluded that since my stopping at the stop sign was so natural, it must have been conditioned by my years of living abroad. He remembered only too well my driving habits at home a decade earlier! While I was studying abroad, my father always encouraged me to venture beyond the campus and be involved in and observant of the community at large. Canada, he wisely observed, must be very advanced to be able to offer scholarships to foreigners, and he advised me to use the opportunity to learn everything about the country, and not just come home with a degree. Thus my summers were spent working at such places as a dairy farm and a summer resort, working and interacting with ordinary Canadians. I would write home frequently about my observations. I described how efficient the modern dairy farms were, and of cows with humongous udders pouring out literally gallons of milk daily. Once I related how the farmer had unhesitatingly discarded a bucket of fresh milk, as he did not know whether it had been contaminated. That potentially spoilt milk, he noted, would be mixed with others, and thousands of customers would be sick. Besides, the reputation of his outfit could not be compromised or ruined for the sake of a few dollars worth of milk. On another occasion, after a bus trip, I wrote of my wonderment at Canadian bus drivers; how professional and proud they were about their jobs. Indeed they were dressed like pilots, with their crisp light blue long-sleeved shirts neatly tucked inside their dark blue pants, complete with a bow tie and a captain's cap. That bus driver had taken us through the neighborhood where he lived and proudly showed us, the tourists, his home. It was a neat, modest track bungalow in a clean pleasant suburb. I could not help but compare him with his Malaysian counterparts who for the most part had their shirts flying loosely untucked, with untied shoes or slippers, and generally looking disheveled. Through such regular commentaries my father knew firsthand about life in Canada. He had the right impression that the West was indeed advanced and wondered why or how it got that way while countries like Malaysia were still struggling. My father was on to something profound when he observed that obeying the law when no one is watching is a key ingredient to the West's success. To many observers, a respect for the rule of law is a prerequisite for progress. A modern society is ruled by law, and not by men. Progress cannot take place when there is callous disregard for the law. This respect for the law must be shown not only by ordinary citizens but also more importantly, the leaders. For when leaders abuse their privileges and flout the law, then there is little hope for the country. This abuse can come in many forms, from outright disregard of the law to more subtle forms as in selective prosecution and uneven applications of the law. When leaders and the elite do not respect the law, it sends a clear message to the masses to do likewise. Similarly all laws must be respected, even the seemingly minor ones. The contemporary American political scientist James Q. Wilson first made the astute observation that when we ignore violations of minor laws, this would later encourage the breach of more serious ones. Law enforcement agencies are now familiar with the "broken window syndrome," that is, when we ignore minor vandalisms like broken windows, we encourage others to commit even greater crimes, until the whole building is completely wrecked or burnt down by arson. New York police successfully reduced the rate of major crimes by first cracking down on such seemingly innocuous ones as loitering, jay walking, and littering. When ordinary citizens see that such minor laws are being strictly enforced, they rightly assume that other more serious infractions would also be vigorously pursued. Going back to my father, I should have given him an update on my driving habits now that I have lived in California for a while. Californians are among the worst drivers. They consider a stop sign only a suggestion; and a yellow traffic light a signal to step on the gas! Apart from respect for the law, another feature of the West is the premium it places on individual and personal liberty. Americans do not appreciate this freedom as it is taken for granted. They are sensitized only when that freedom is threatened or breached. Notice the current uproar over the president's proposal to detain potential terrorists without due process in response to the 9/11 tragedies. Americans become very much aware of their cherished freedom when they are abroad. Once on a flight to Malaysia I came upon an article in a regional publication that was supportive of Malaysia but contained some mild but valid criticisms of the leadership. I related that article to my Malaysian friend, and he too was interested to read it. I rushed to the nearest bookstore to get a copy of the magazine. (Having been away from Malaysia for a long time I have not developed the habit of swiping the airline's copy!) Imagine my horror when I could not find the article; the pages had been neatly excised! Some bureaucrats in the censors' office had the audacity to decide what I can and cannot read. How insulting! I felt violated. This blatant disregard for the rights and dignity of the individual is pervasive in the Third World. These poor societies fail to appreciate that in the final analysis it is individuals who effect changes, and thus progress. Western societies are more progressive because they place a premium on the individual. Eastern societies generally submerge the individual to the needs of the larger society. They emphasize society's goals and stability over that of the individual, as encapsulated by the Japanese saying: the nail that sticks out gets hammered. At least that is the perceived wisdom. I challenge that. Consider what the Sudanese reformist Ustaz Mahmoud Taha wrote in 1963, "Every individual is, authentically, an end in himself. He is not means to any other end. He – even if he is an imbecile – is a "God" in the making and must be given the full opportunity to develop as such. Liberty is the prerequisite need. Man must be free from all dehumanizing influences – poverty, ignorance, and fear." Fifteen years earlier, the United Nations, using far less elegant prose, said essentially the same thing in its Universal Declaration of Human Rights. In its preamble the document reaffirms the inherent dignity and the equal and inalienable rights of all humans as the foundation of freedom, justice, and peace. The document's first article could easily have been taken from the Koran when it declares that all human beings are born free, with equal dignity and rights, and are endowed with reason and conscience. Many outside the West would challenge the universality of this UN Declaration, especially its statement reaffirming the primacy of the individual. But as the Islamic scholar the late Fazlur Rahman wrote, "Whether ultimately it is the individual that is significant and society merely the necessary instrument for his creation or vice versa is academic, for individual and society appear to be correlates. There is no such thing as a societiless individual." Next: Society and Individuals |
| Re: "Hypocrisy of Sin Chew at its best" by Josh Hong Posted: 25 Sep 2011 10:56 PM PDT It is so unfortunate that a newspaper that used to be the conscience and voice of the Chinese community in Malaysia has sold out the community by abandoning its state mission of preserving and promoting the fundamental rights of the Chinese community in Malaysia. By Johnny Yeoh and friends of Sin Chew We (six of us) refer to the article "Hypocrisy of Sin Chew at its best" by Josh Hong published in Malaysiakini and wish to give our five-sen worth on the issue. We fully endorse and support what Josh Hong said about Sin Chew and its boss C.C. Liew and senior writer Tay Tian Yan. We have been faithful readers of both the Chinese daily and its English news portal mysinchew.com for years. The paper used to be very brave and bold in publishing news without fear or favour during the 1980s and 1990s. However, since the beginning of the new century, after Sin Chew celebrated its 80th anniversary, the content of its daily paper has degenerated very much, like its English counterpart The Star, which has become a mere shopping guide with many advertisements and no real newsworthy content. We and many of us were elated when we discovered early last year in 2010 that the outspoken prolific Malaysia Today writer Thomas Lee had started writing a weekly column in mysinchew.com. We followed his brave and bold column, and were very impressed by his insight and interpretation of many vital issues
affecting the nation and people, issues such as the "Allah" and Malay Bible controversies, the Little Napoleons, and the MCA crisis. However, we were deeply shocked when Malaysiakini reported early this year 2011 that the courageous editor was given the boot by Sin Chew, apparently due to political pressure from the Barisan Nasional government. Since the sacking of Thomas Lee, mysinchew.com has become a dumping site for rubbish writings such as that by Tay Tian Yan, who usually repeats what has been reported in the mainstream media and add a little comment of his own, usually in support of the Barisan Nasional, especially the MCA. Lately, Tay has been sugar-coating MCA president Chua Soi Lek. It is so unfortunate that a newspaper that used to be the conscience and voice of the Chinese community in
Malaysia has sold out the community by abandoning its state mission of preserving and promoting the
fundamental rights of the Chinese community in Malaysia. Josh Hong is right that Sin Chew boss C.C. Liew has made himself very low by accepting the Tokoh Wartawan award, whose previous winners include the Mahathir loyalist Zainuddin Maidin. Within the intellectual circle and media fratenity, such awards for journalists and editors, including civil titles like Dato, are viewed contemptuously as rewards for being loyal political lackeys. The Star, for example, has several Datos who are known political lackeys of top Barisan Nasional political leaders. C.C. Liew had also received a Dato from Gerakan president Koh Tsu Khoon when the latter was Chief Minister of Penang. Josh Hong is spot on when he said that Sin Chew had sold out to the Barisan Nasional, currying favour with
Najib. He is also correct in questioning the dubious writing abilities of Tay and other senior writers of the
newspaper. Josh Hong said that the opinion pieces by the "so-called senior journalists" of Sin Chew are
"either wishy-washy or completely ridiculous". This is a very correct observation, and we hope the Sin Chew
management would not condemn Josh Hong for his honest view, but rather do something to correct the sad
state of affairs in the newspaper. And we would add that it is also such a shame that mysinchew.my, which could have been used as a viable
vehicle to promote the rights of the people and help in the nation-building process, is now in such a bad state, with not only poor content, but bad English to boot. We and our friends have stopped reading
mysinchew.com. There is no malice in our writing this letter, just doing our part as loyal readers of Sin Chew in wanting to see
the newspaper redeem and improve itself. We have confidence that Sin Chew can rise again as a great
Chinese daily newspaper in Malaysia if it is prepared to honestly and objectively consider the critical and
analytical comments by people like Josh Hong.
|
| Kod Negara 71: mistake or not? Posted: 25 Sep 2011 10:53 PM PDT By Lee Wee Tak This kod negara 71 business is getting more and more interesting. It is quite clear that it is not one of the 199 country codes listed by JPN in their official website. http://www.jpn.gov.my/kodnegara
A senior UMNO figure conducted a serious and vigorous defense on this matter.
http://www.utusan.com.my/utusan/info.asp?y=2011&dt=0814&pub=Utusan_Malaysia&sec=Politik&pg=po_01.htm
His salient points are:
# some of the opposition figures are holding kod negara 71
# the code is really meant for people born overseas
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"Kalau pemimpin pembangkang yang memegang kod negeri 71 pada MyKad mereka boleh menjadi wakil rakyat, jadi apa salahnya Mismah menjadi pengundi? Beliau telah berusaha sebanyak dua kali untuk menjadi warga Malaysia sejak 29 tahun tinggal di Malaysia.
"Justeru, saya minta pihak pembangkang untuk menyiasat berhubung perkara ini," katanya pada sidang akhbar selepas mengadakan pertemuan dengan keluarga Mismah di kediamannya di Desa Coafields, Sungai Buloh dekat sini hari ini.
Mismah telah mendapat Sijil Kewarganegaraan Malaysia pada 31 Januari lalu sekali gus melayakkannya memperoleh MyKad dan menjadi pemilih.
Berdasarkan maklumat dari Jabatan Pendaftaran Negara (JPN), kod negeri 71 pada MyKad adalah bagi mereka yang dilahirkan di luar negara.
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The minister has made a misrepresentation base on JPN's information. From the JPN list, code 71 is not used at all hence it could either be interpretated as
1) isolated errors (the famous 0.0001% SPR argument)
2) used for people borned outside Malaysia but country of birth not known to JPN.
Explanation 1) is not acceptable.
170,818 71'ers registered successfully as voters for Q2 2011so it is no isolated errors but seems more likely a systematic arrangement of some sorts between JPN and SPR.
(unless there is a hell lot of love making by Malaysians overseas and Tony Fernandez take note...AirAsia baby making package Coming Soon)
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http://www.sinarharian.com.my/bterkini/14277.asp
42.33 % atau 72,742 pengundi yang tidak diketahui negara asal kelahiran ini adalah dari rumpun bangsa Cina iaitu Cina (71,252), Hokkien (521), Teochew (375), Cantonese (292), Foochow (135), Hainanese (119), Henghua (25) dan Hokchiu (23).
17.33 % atau 29,605 pengundi yang tidak diketahui negara asal kelahiran ini adalah dari rumpun bangsa India iaitu India (24,663), India Muslim (2,399), Punjabi (796), Sikh (639), Sri Lanka (346), Pakistani (328), Tamil (324), Tamil Sri Langka (67), Telegu (21), Malabari (12) dan Bangledeshi (10). Bangsa Bangledeshi adalah bangsa yang paling sedikit sekali menjadi pengundi di negara kita
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If the PAS can identify the "rumpun" of those 71'ers and JPN list clearely set aside the relevant country codes - e.g. China 71, India 75, Pakistan 76, Hong Kong 63, Indonesia 61, Bangladesh 79, Singapore 66, Brunei 60, El Salvador 90 (how many Malaysians born in El Salvador that you know?)...with such a great list how could they miss out?
Another reason for KN 71 to be rejected is that JPN have their own procedures and insist on proof of place of birth when issuing IC, see:
http://www.jpn.gov.my/perkhidmatan/kadpengenalan/orangbarutiba-warganegara
 http://www.jpn.gov.my/pengesahantarafwarganegara Can you imagine a JPN officer issuing MyKad without knowing where the fella came from?
So if Najib wants to give civil servants some more, even more and more than ever pre general election bonus, the least they could do is to do their job properly. Read more at: http://wangsamajuformalaysia.blogspot.com/2011/09/this-kod-negara-71-business-is-getting.html |
| Zaid to critics: Call EGM and sack me Posted: 25 Sep 2011 08:50 PM PDT 
The Kita boss shrugs off recent attacks against him as "trivial" and thinks the party's image is intact (Free Malaysia Today) - Kita chief Zaid Ibrahim has finally responded to allegations that he is tyrannical and that he flouts party protocol, dismissing them as "trivial" and "untrue". A number of party leaders and ordinary members have been hammering him for more than a week for his recent controversial and solitary decisions, but in an interview with FMT Zaid refused to make a counter attack or defend himself with a vigour that would match theirs. He invited his critics to back their accusations with proof and even suggested that they call an emergency general meeting to make good their threat to oust him. Zaid began courting internal dissent when he sacked central secretary Abdul Latif Thambi, treasurer Rashid Azad Khan and central executive committee member Muhammad Firdaus Christopher. Latif strongly protested his sacking, which he said was punishment for his refusal to disclose the password to the party's website. "Does it make sense for me to sack someone over a password?" Zaid said. "If I think the person is good for the party, why would I sack him? "I've spent a lot of time and effort building this party; so I will not allow anyone to sabotage or hamper its progress. I have my reasons for doing things. And whether the issue is trivial or not is my decision because I'm the boss. "When a secretary and a boss cannot see eye to eye, one of them has to go." Zaid said Latif was merely an administrator and not a political ally or the "centre of political decision-making" that he imagined himself to be. Firdaus has been steadily attacking Zaid on Facebook and Twitter since Zaid stopped paying his salary three months ago. Zaid denied Firdaus's allegation that he had financial difficulties. "We stopped paying his salary because the party has very little money," Zaid explained. "I don't have financial difficulties, but I don't have a lot of money either. "It was the same situation with Rashid, but he took it well. I told Rashid the situation we were in and suggested that he find another job to supplement his income, which he did. That's what Firdaus should have done, but he will never get a job now because people have seen his nasty streak." Asked why he had kept silent for so long in the face of Firdaus's allegations, Zaid said he was giving him time to blow off steam and was hoping that he would "come to his senses" soon enough for a proper conversation. However, he said, Firdaus went too far when he began undermining Kita in an attempt to cast him in a bad light. "But he won't succeed because people with sense will know what he's all about," Zaid said. "And I'm not concerned with whatever he says anymore because he has not succeeded in doing any damage to the party or to me. Anyone who has worked with me before knows I'm not like that. "But I'm not angry over the situation. What else can you do but move on? The more popular you are, the more people want to attack you so that they too can get in the news." READ MORE HERE |
| What a (mis)adventure Posted: 25 Sep 2011 08:12 PM PDT Nevertheless, only the good die young, as the saying goes. So this offers us very little incentive to be good. Anyway, as Marilyn Monroe said, "Good girls go to heaven. Bad girls have all the fun." So give me a bad girl over a good girl any time because the good girl would most probably be already dead and making love to a corpse is no fun as many Malaysians married for more than 50 years to the same woman would be able to tell you. NO HOLDS BARRED
Raja Petra Kamarudin Misadventure comes from the old English word, misaventure, which in turn comes from the old French word, mesaventure, which means an instance of misfortune or a mishap. In law, this would translate to accidental death not due to any crime or negligence. I am raising this because it appears that many readers do not understand the meaning of the verdict by Coroner Aizatul Akmal Maharanion regarding the death of Selangor Customs Department assistant director, Ahmad Sarbaini Mohamed. This simply means, in short, no one can explain his death and since the CCTV recordings have been mysteriously erased -- and no one seems to know how that happened -- then no further investigation can be made as to whether there was any foul play involved. All we do know is that Ahmad Sarbaini died. Of course, you do not have to be a Coroner or doctor to figure that one out. And we all know that the cause of death was because the deceased stopped breathing. Again, you do not have to be a Coroner or doctor to figure that one out. Most people stop breathing when they die. Only a very few Malaysians are still breathing although we can consider them dead and wish they would quickly stop breathing so that we can send them to their graves without further delay. Nevertheless, only the good die young, as the saying goes. So this offers us very little incentive to be good. Anyway, as Marilyn Monroe said, "Good girls go to heaven. Bad girls have all the fun." So give me a bad girl over a good girl any time because the good girl would most probably be already dead and making love to a corpse is no fun as many Malaysians married for more than 50 years to the same woman would be able to tell you. And this poses a serious problem for the proposal by PAS to introduce the Islamic law of Hudud to Malaysia. Certainly, the severe punishment under those laws would make everyone become good. And this would mean many, if not most, Malaysians would die young. Now, the civil servants are asking the government to increase the retirement age to 60. Judges, who now retire at 65, would probably also want their retirement age increased to, say, 75. Considering that even at 85 our mind is still sharp -- as proven by Tun Dr Mahathir Mohamad who still thinks and talks like the much younger Ibrahim Ali -- this makes sense. Age 56 or 58 is too young to retire. Hey, I will be 61 tomorrow and I still think like I am 21, although most of the time it is sex that I am thinking about. Anyway, the fact that judges can still sit on the bench until they are 65 or 70 and have not died yet can only mean that most judges are bad and that there are no good judges. If they were good judges then they would not be alive any longer since only the good die young and the bad continue to breathe, walk and talk, though most times it is talking cock. I know, at this point, most of you will whack Dr Mahathir and quote him as a good example of my prognosis above. And in the same breath you will also whack me and allege that I am a Mahathir lover. Never mind, whack on. Malaysia Today does, after all, practice freedom of expression, even the freedom to whack me. I know you feel that Dr Mahathir is 'interfering' in the running of the country and that he should lay off since he has already retired as Prime Minister eight years ago. But you must understand, Dr Mahathir was Prime Minister for 22 years, and with the vast knowledge that he has, what is the problem with him sharing his experience with younger leaders like Najib Tun Razak? Singapore, too, had its Minister Mentor, Lee Kuan Yew. So what's wrong if Malaysia has a Minister Tormentor? That made Singapore great so maybe this will make Malaysia great as well. You must understand, under Dr Mahathir, Malaysia set many world records. Now that Dr Mahathir is no longer the leader, we have lost out on many things. We used to have the tallest tower, the longest bridge, the first national car in the world to be manufactured entirely using Japanese components, the first car to be parachuted into the North Pole (or was it the South Pole?), the first car attempted to be driven in the North Pole (or was it the South Pole) with the engine oil frozen solid, the first country outside India to have an Indian Prime Minister, the first country in the world to have an Indian Muslim Prime Minister, the first country after Nazi Germany to sack its Deputy on allegations of sodomy, and so on and so forth. Since Dr Mahathir left office, what has Malaysia achieved and what new world records have we set other than the first country in the world to have a husband and wife team as the joint-Prime Minister? Honestly, Dr Mahathir may have his faults, but he did also put Malaysia onto the world map. In the past, say back in the 1970s, very few people knew where Malaysia is located on the world map. I used to have to tell people, "You know Bangkok?" and the answer would of course be 'yes'. Everyone knows Bangkok. That is where you go to bang…well, you know what. Then I ask them, "You know Singapore?" And of course everyone knows Singapore as well. Singapore is a fine city. They fine you for everything, even for chewing gum. Then I tell them: well, Malaysia is sandwiched in between Bangkok and Singapore. "Ah!" they say. Now they know where Malaysia is. My relatives on my mother's side used to think we live in houses on stilts in Malaysia. This is because, soon after WWII, one of my uncles, who was in the Royal Navy, landed in Pulau Ketam off Port Kelang and he thought that the whole of Malaysia was built on stilts. It took a long time before they realised that Malaysia is not built on stilts but on a pack of cards. What surprised them even more is to see that the pack of cards has not fallen yet although other superpowers like Portugal, Italy, Greece, Spain, etc., what we call PIGS, are crumbling even as we speak. That should be proof enough that khinzir is haram in case you Islam-bashers in Malaysia Today still want to argue that there is nothing wrong with pork. Anyway, I am digressing from the topic of the day, which is death by misadventure. Okay, in case many of you still do not get it, let me explain it this way. If, in a moment of weakness, I find myself in Rosmah's bed, and realising that this is a fate worse than death, I take Najib's gun and shoot myself in the head. That would be suicide. If Najib comes home and finds me in Rosmah's bed and he gets angry and shoots me dead, that would be murder. If Najib comes home and finds me in Rosmah's bed and he gets angry and shoots me but accidentally hits and kills Rosmah instead, that would be manslaughter. If Najib comes home and finds me in Rosmah's bed and he laughs so much at seeing something so ridiculous, and then when he slaps his thigh during a moment of uncontrollable laughter his gun accidentally goes off and the bullet hits and kills me, that would be death by misadventure. I trust now you can comprehend the Coroner's ruling on how Ahmad Sarbaini died. |
| The offences of not wearing what is mandatory and wearing that which is prohibited Posted: 25 Sep 2011 06:30 PM PDT 
THE PEOPLE'S PARLIAMENT Saturday morning, I spoke at the MCLM Citizen Empowerment School. Later, I headed out to a couple of meetings. Won't say where this happened as I do not wish to risk exposing the identity of the officers concerned. I turned left at a traffic light and was flagged down by a police officer. I immediately knew what the offence was. I wasn't wearing the seat belt. Pulled up and waited for the officer. He came round to my side, and then looked aghast at me and exclaimed, "Alamak, ini kesalahan besar, encik". I was puzzled, and asked him what was this 'kesalahan besar'. Pointing to my chest, he asked, "Mana boleh pakai baju tu?". I had completely forgotten that I was wearing my yellow 'BERSIH 2.0′ t-shirt. "Apa salah pakai baju ini?", I asked. By now, a second police officer came up to the car. "Encik, ini kesalahan serius ni, encik,", the second officer offered. "Pakai baju kuning salah? Ada lojik ke, encik? Encik nak cek kereta saya kalau ada senjata?", I asked the second officer. "Ala, encik mesti tahu kerajaan sudah haramkan baju ini. Tak boleh pakai. Kesalahan besar, encik,", the second officer shot back. "Encik berdua ada hadir kat himpunan pada 9 Julai, tak?, I asked them both. The first officer kept silent. "Ah, gila ke? Kita polis, lah! Mana boleh?", the second replied. "Saya ada diperhimpunan itu.Encik ingat saya hanya berjuang untuk masa depan anak saya, tak berjuang untuk anak encik berdua ini?", I asked. The first officer responded. "Kami tahu encik", was all he said. I shot another question to both. "Berapa gaji kamu berdua?", I asked. The seond officer appeared to take offence to my question. READ MORE HERE |
| PAS seeks royal probe on A-G Posted: 25 Sep 2011 06:23 PM PDT 
(The Malaysian Insider) - PAS is demanding Putrajaya form a royal commission of inquiry (RCI) to investigate allegations of misconduct against Tan Sri Abdul Gani Patail or prosecute the latter's accusers for making false accusations. PAS vice-president Datuk Mahfuz Omar today asked why the government and Abdul Gani have chosen to ignore the allegations, which include several claims of corruption and evidence fabrication. Failure to act on the accusations, he added, would only tarnish the image, reputation and integrity of the Attorney-General's Chambers and the post of the Attorney-General, who serves as the country's highest-ranking public prosecutor. "If the government fails to take any action within an acceptable timeframe, PAS will initiate a petition calling for the formation of an RCI and submit it to the Agong," Mahfuz told a press conference here. The PAS MP listed several accusations against Abdul Gani including claims made by blogger Raja Petra Kamarudin that construction company Ho Hup Bhd had paid for renovations at one of the Attorney-General's houses; the A-G's purported relationship with Shahidan Shafie, an alleged proxy to former Malaysia Airlines (MAS) chairman Tan Sri Tajuddin Ramli; and his alleged role in the case of murdered Mongolian model Altantuya Shaaribuu. Abdul Gani is also the centre of allegations by former senior police officer Datuk Mat Zain Ibrahim, who has accused the former of fabricating evidence in Datuk Seri Anwar Ibrahim's 1998 "black-eye" probe. Mahfuz pointed out that if Abdul Gani's reason for not filing legal action against his accusers was because Raja Petra is abroad, the A-G could still sue Mat Zain. "If these accusations are untrue, why not take legal action? Or at the very least, the claims must be investigated and not ignored," he said. READ MORE HERE |
| Mat Zain: Charge Gani Patail, not change A-G’s powers Posted: 25 Sep 2011 06:18 PM PDT 
(The Malaysian Insider) - Taking away the Attorney-General's power to prosecute will not stop abuses of power, a former senior police officer said today. Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim said that there was nothing wrong with the functions of the A-G as defined by the Federal Constitution, and charged that it was Tan Sri Abdul Gani Patail who had abused his powers as the current A-G "several times over." "We should not blame the Constitution. It's the honesty of the person holding the post that matters. "Even if we were to separate the functions of the A-G and the PP, there are no guarantees that either one or both of them will not abuse their powers," Mat Zain wrote in an open letter to The Malaysian Insider. Mat Zain was referring to Minister in the Prime Minister's Department Datuk Seri Nazri Aziz's recent remarks supporting calls to separate the functions of the A-G. In Malaysia, the A-G is the principal legal adviser to the government and also serves as the country's highest-ranking public prosecutor. The former policeman continued his attacks against Abdul Gani, accusing him of fabricating evidence in an investigation back in 1998. It is believed he was referring to Datuk Seri Anwar Ibrahim's controversial "black eye" incident. READ MORE HERE |
| DAP wants PAS president to make official stand on Islamic state agenda Posted: 25 Sep 2011 06:09 PM PDT 
(The Star) - DAP, apparently tired of dealing with Kelantan Mentri Besar Datuk Nik Abdul Aziz Nik Mat, wants PAS president Datuk Seri Abdul Hadi Awang to clear the air on the hudud controversy. DAP national chairman Karpal Singh said it was important for the PAS president to make a clear stand on the matter. He said Nik Aziz, PAS' spiritual adviser, is "not part of the leadership proper" in Pakatan Rakyat and had, therefore, no bearing on the coalition. "Hadi should come up with a statement as he is the authoritative figure in the party, especially as he had declared during the recent PAS muktamar that his party is no longer pursuing the Islamic state agenda," added Karpal. He said it was clear during PAS' muktamar in June that the party had given up on pursuing its Islamic state agenda. "Therefore, the hudud issue should not arise," he said. In his Facebook posting, Nik Aziz said he could resolve the matter with Karpal without involving the media. Hadi could not be reached for comments as he is currently abroad, believed to be in Iran. In SEREMBAN, DAP stalwart Dr Chen Man Hin said it would be a "mission impossible" for PAS to implement hudud laws in Kelantan with or without the support of its allies in the Pakatan coalition because the Federal Constitution does not allow it. "It is not wrong for PAS to think it is good to have hudud but they should also accept the fact that it cannot be done," said the former DAP chief, who is now the party's life adviser. Dr Chen, considered the Grand Old Man of DAP, once took the party into a coalition that also involved PAS and the now-defunct Parti Semangat 46 but left after a rift over the Islamic state issue pursued by PAS. He said Pakatan leaders should stop dwelling on the matter, adding that the Supreme Court had, in 1988, ruled that Malaysia is a secular state. Asked on comments by Nik Aziz and PAS Youth that DAP was free to leave the Pakatan coalition if it was not comfortable with hudud law, Dr Chen said: "They may be entitled to their opinion but it is not being diplomatic." When asked as to why Karpal Singh was the only DAP leader talking openly on the matter, Dr Chen said this was because he was a legal expert and one who had dealt with the issue for many years. "The DAP leaders talk about this among us and Karpal makes our stand public," he said. |
| Hudud ‘thorn’ will bleed Pakatan Posted: 25 Sep 2011 05:35 PM PDT 
If unresolved, a political scientist warns, the opposition alliance may end up where it was prior to the 2004 general election, which saw BN winning its biggest mandate.
University Sains Malaysia (USM) political scientist Dr Sivamurugan Pandian said the alliance should speak with one voice to convince the public that they are on the same page. "If Pakatan does not do so, they are back to square one as it shows they are unable to reign in their idological differences and that the pact is nothing but a marriage of convenience," he added. Hawkeye, Free Malaysia Today Pakatan Rakyat risks slumping back to square one if the alliance cannot conclusively tackle the proposed hudud legislation row. University Sains Malaysia (USM) political scientist Dr Sivamurugan Pandian said the alliance should speak with one voice to convince the public that they are on the same page. "If Pakatan does not do so, they are back to square one as it shows they are unable to reign in their idological differences and that the pact is nothing but a marriage of convenience," he added. They may end up in the pre-2004 position rather than in the elevated post-2008 strength where they won an unprecedent level of support to deny Barisan Nasional the customary two-thirds majority. On one hand, the people have PAS, which is fundamentally sound about the need to adopt the hudud legislation as a prelude to the formation of an Islamic state governance in the country. On the other is DAP, a party steep in socialist principles, which champions secularism and upholding of the Federal Constitution. In the middle is PKR, whose political ideology is muted and mixed as the party is just a coming-together of all sorts consisting of disgrunted members from BN and non-governmental organisations with no clear political struggle outlined. In this context, Sivamurugan said there is a political impact from the hudud issue regardless of how Pakatan may want to interpret it. The hudud issue flared up again when Mentri Besar Nik Abdul Aziz Nik Mat spoke about adopting it and asked DAP to accept the law. Both Pakatan and BN have their loyal supporters entrenched in the present two-party system but their future would be determined by the fence-sitters. The fence-sitters now have a better prespective of things having experienced a taste of Pakatan's governance in Kedah, Penang and Selangor besides Kelantan while everybody knows BN, Sivamurugan said. They have also observed how Pakatan conducts itself as an alliance and as individual political entities, he added. He said the proposed hudud legislation is a thorn in the side of Pakatan but in its latest debate, the surprising outcome was Opposition Leader Anwar Ibrahim's expression of support for the law. This alienates non-Muslim support for PKR, whom Anwar spearheads and perhaps can mean that the opposition leader is trying to reach out more to the Malay ground ahead of the next general election, he said. Seats allocation issue The hudud debate surfaced just when Pakatan is sitting down to mete out their seats allocation ahead of the general election. Political observer Jason Wong, who works with a Singapore-based think tank, believes that both DAP and PAS are trying to muscle out PKR from certain seats since the latter is reeling from a spate of defections. The sex allegations involving Anwar has also cast a cloud over the alliance's ability to compete with BN in all states. Anwar may need to placate PAS by agreeing to hudud while supporting DAP's quest to win over more Malay support by allowing them to field Malay candidates, particularly in semi-urbanised seats, where the Malay electorate is greater, Wong speculated. He claimed that the problem with Pakatan is the lack of synergy between what the national leaders are preaching and what the grassroots activists are clamouring for. "When we converse to both levels, we wonder who is the honest one here. The national or the grassroots leaders?" he said. READ MORE HERE |
| Sarbaini verdict: Death by misadventure Posted: 25 Sep 2011 05:28 PM PDT 
(Free Malaysia Today) - The coroner's court today returned a verdict of misadventure at the inquest into the death of former Selangor Customs assistant director Ahmad Sarbaini Mohamed. In delivering his ruling, Coroner Aizatul Akmal Maharani said: "The evidence all supports the theory that this was an unintentional fall from a height." Aizatul said he agreed with a local pathologist's theory that Ahmad Sarbaini slipped and fell. He also said that he does not think there were any criminal elements as there were no defensive wounds found on the deceased or any signs of a struggle. He also ruled that Ahmad Sarbaini could not have committed suicide. Ahmad Sarbaini, 56, was found sprawled on the first floor of the badminton court at the Federal Territory MACC building in Jalan Cochrane, Cheras April 6. He was believed to have fallen from the third floor pantry of the MACC office after returning to the office. Ahmad Sarbaini, who was attached to the Port Klang Customs Department, was among the 62 officers detained on April 1 in a massive nationwide MACC (Malaysian Anti-Corruption Commission) probe over graft allegations of a "Customs syndicate" laundering billions through tax evasion. MACC, which said Ahmad Sarbaini had returned to change his statement, had also said an officer had left Ahmad Sarbaini alone in a third-floor room and had returned to find him missing. His body was discovered later. Following his death, police formed a special task force to investigate and later classified the case as sudden death and later confirmed that no elements of foul play were found. However, Ahmad Sarbaini's family and friends have consistently said it was impossible that he had committed suicide or had taken any bribe. The inquest, from July 4 to Aug 4, sat for 13 days. Among the 34 witnesses who testified were several FT MACC officers, two pathologists, a forensic officer, a number of Customs officers and the late Sarbaini's widow Masiah @ Maziah Manap. The inquest, provided for under Sections328 to 341A of the Criminal Procedure Code, is held to determine where, when, how and in what manner Ahmad Sarbaini died. Its three possible findings are: an open verdict, a verdict of misadventure, or death by person or persons unknown. It would not, however, find any criminal liability of any persons. During the inquest, MACC had submitted that the court should reach the verdict of an accidental death. Its lawyer Muhammad Shafee Abdullah had submitted that "the absence of defensive wounds and DNA evidence connecting any MACC officer to the death, clearly indicate that no MACC officer was criminally concerned with regard to the death. There is also not a shred of proof that he was physically abused or mistreated during his detention by MACC." READ MORE HERE |
| Gag order on Pakatan leaders Posted: 25 Sep 2011 05:26 PM PDT 
Top brass goes into damage control over the hudud controversy. (Free Malaysia Today) - Pakatan Rakyat top brass today placed a gag order on all its leaders from issuing further statements regarding the hudud controversy. The order will be in force until top Pakatan leaders, including PAS president Abdul Hadi Awang and DAP national chairman, Karpal Singh, meet to discuss the matter on Wednesday. "Many people, including Muslims themselves, don't understand (the matter)," PAS secretary-general Mustafa Ali said at a press conference today. "Statements have been issued by numerous people and we don't blame them. Hudud is a sensitive matter that can be easily misinterpreted," he said. He was flanked by PKR secretary-general Saifuddin Nasution and DAP representative Anthony Loke. DAP secretary-general Lim Guan Eng is currently overseas on an official visit as Penang Chief Minister. Mustafa said that even if Pakatan remained silent, Umno-BN will continue to exploit this matter to cause disagreement among the three parties in the opposition coalition. |
| ‘Anwar, hudud bad for Pakatan’ Posted: 25 Sep 2011 04:49 PM PDT 
The hudud spat and Anwar's craze for power is breaking Pakatan Rakyat apart, claims Kita chief Zaid Ibrahim. (Free Malaysia Today) - Pakatan Rakyat is breaking apart over the hudud law issue and there is nothing that its leader Anwar Ibrahim can do about it, Kita president Zaid Ibrahim said. "The opposition is woefully fractured, with a leader who has lost the plot and is behaving like a headless chicken roaming the political landscape. DAP remains speechless on the hudud issue, as is the so-called multi-racial party of PKR. "All reform-minded and peace-loving Malaysians… are asking if Anwar (Ibrahim) truly is the 'Renaissance man' he would like us to believe he is, or if he is actually a closet Islamic fundamentalist," he said. Zaid was referring to the hudud uproar that erupted within Pakatan following a dare by former premier Dr Mahathir Mohamad. Last week, Mahathir dared the PAS-ruled Kelantan to impose hudud, with Anwar voicing his support for the Islamic law. Since then, DAP leaders have opposed the idea, adding that the law was not suitable for Malaysia. Zaid said PAS' stance on the law, once shelved for not gaining political traction, was brought back after the Islamic party was supposedly done with its "consensus politics" within Pakatan. "The colour of the tide has turned a familiar shade of dark green," he said, referring to the PAS' logo. "And self-righteous political rhetoric proclaiming to also be God's work has taken centre stage once again." This did not help Pakatan's chances, Zaid said, given Anwar's past with Umno and the Malaysian Islamic Youth Front (Abim). "Anwar was never a reformer… he was instrumental in changing the education in Malaysia by injecting so-called Arabic ideas into the system and dress code," he said. Zaid added that Anwar's pushing for a constitutional amendment by putting the civil and the Islamic syariah courts on an equal legal standing did not make it easier for the judiciary. He also reminded Malaysians that Anwar was part of the Cabinet that removed Lord President Salleh Abas from heading the then Supreme Court of Malaysia, and that he was a firm supporter of the Internal Security Act as well as preventive detention. READ MORE HERE |
| Adakah KITA sedang mendekati Umno? Posted: 25 Sep 2011 04:09 PM PDT 
HELEN ANG Baru-baru ini timbul desas-desus yang Zaid Ibrahim akan membawa partinya KITA masuk ke pangkuan Barisan Nasional tidak lama lagi. Telahan bahawa Zaid akan merujuk dengan Umno diuar-uarkan ekoran 'mohon maaf'nya kepada Perdana Menteri Najib Razak minggu lepas. Zaid dipetik Bernama sebagai berkata: "Saya dahulu tidak yakin Najib mempunyai keberanian untuk membuat sesuatu yang besar dan hari ini saya minta maaf pada Perdana Menteri kerana akhirnya sanggup berbuat sesuatu yang bermakna dan besar untuk memansuhkan ISA ini."
Kenyataan tersebut membuat Zaid diragui sesetengah orang sebagai membodek Najib.  Namun mungkin Zaid dengan hati tulus merasakan langkah perdana menteri hendak menghapuskan ISA dalam masa terdekat adalah berani dan benar. Maka pohon maafnya adalah bersifat 'gentleman' kerana ramalannya yang meleset pada suatu ketika dulu.
Mungkin juga pada pandangan Zaid, reaksi pemimpin pembangkang yang begitu lantas memperlekehkan keputusan Najib yang mengejut itu adalah tidak wajar kerana bertindak dengan penuh syak wasangka walhal belum ada kepastian. Ataupun dalam bahasa Inggeris — not giving Najib the benefit of the doubt. Zaid juga seorang yang mahu "give credit where credit is due", bermaksud jika sesuatu tindakan itu betul, takkanlah kita menidaknya hanya kerana takut dicop sebagai juak Umno? (Bagi saya, pihak pembangkang pada tempoh hari menampakkan betapa kecilnya jiwa mereka. Pakatan jelas menggelabah sebab usul pemansuhan ISA pasti akan mematah momentum 'Vote ABU'/ Anything But Umno yang giat dipupuk di kalangan pemilih bandar.) Jeneral keseorangan Zaid kena tempias lagi justeru mengumumkan KITA akan mengadakan 'Democracy roadshow' selama sebulan (Sept 27-Okt 26) ke seluruh pelusok negara — difahamkan roadshow tersebut untuk menerangkan dasar-dasar transformasi yang diperkenalkan Najib. Mungkin Zaid menyokong Najib kerana perdana menteri kelihatan agak keseorangan. Timbalannya Muhyiddin Yassin serta Menteri Dalam Negeri Hishamuddin Hussein kedua-duanya pun seolah-olah caught off guard, iaitu sendiri terperanjat dengan pengumuman tiba-tiba itu. Peristiwa ini mengingatkan saya kepada seperkara yang pernah disebut Khairy Jamaluddin sewaktu beliau berceramah di satu jamuan (dinner talk) anjuran kelab sukarelawan Haris 'SABM' Ibrahim pada bulan Disember lepas. [SABM itu Saya Anak Bangsa Malaysia] Khairy telah memberitahu hadirin bahawa Najib kurang mendapat sokongan daripada orang kuat Umno serta jemaah menterinya sendiri untuk melaksanakan inisiatif-inisiatif 'transformasi' yang cuba dikemukakannya. Peranan Najib sebagai 'great reformer' ibarat seorang jeneral yang tidak diiringi leftenan mahupun askar. Berkenaan ISA, bukankah Pakatan seharusnya bersorak-sorai kerana pelupusan undang-undang itu yang sekian lama dituntut mereka akhirnya dipersetujui Najib jua. Akan tetapi Pakatan tidak menghargai benda besar ini sebaliknya meragam. Janji nak mansuh ISA pun Najib disergah pembangkang. Beliau tidak mengaut apa-apa keuntungan (bukannya dia boleh melebihkan undi sebab para penyokong Pakatan tidak akan beralih) manakala puak Malay ultra seperti Perkasa pula menggertak (rugi undi Umno). Mungkin kerana kesemua faktor-faktor di atas, maka perlunya Zaid memberikan sokongan setakat mana yang boleh kepada usaha menjayakan penghapusan ISA. Kalau bukan Zaid siapa lagi? 'Track record' menentang ISA
Pada hakikatnya, Zaid memang ada locus standi (mempunyai hak serta kena pada tempatnya) untuk menyumbangkan input beliau sebab dialah yang mempelopori kajian terperinci reformasi perundangan. Zaid yang memantau undang-undang penahanan pencegahan selaku Menteri Undang-Undang (lebih tepat, Menteri dalam Jabatan Perdana Menteri dengan memegang portfolio undang-undang) dalam kabinet Abdullah Ahmad Badawi. READ MORE HERE |
| DAP 2.0 in bind over hudud Posted: 25 Sep 2011 03:59 PM PDT 
The English idiom to describe the DAP predicament with regard to the hudud crisis is 'caught between a rock and a hard place'. In 2003, Hadi issued his party's Islamic state document which avowed: "The publication of this document is sufficient evidence to squash allegations made by its enemies that PAS will not establish an Islamic state… Verily the responsibility of establishing an Islamic state is as important as performing the daily obligatory rituals of Islam." Helen Ang, Free Malaysia Today MCA reacted immediately to the PAS hudud drive by announcing that it would withdraw from the Barisan Nasional if Umno ever implemented the Islamic law that prescribes mandatory punishment. Gerakan, the predominantly Chinese party, followed suit, saying: "Gerakan's political cooperation with Umno will be untenable and will likely end if the latter wishes to implement hudud…" Umno responded with its assurance that the government would not enforce hudud. Hmm, the jostling seems sorted on the establishment side. At least for the moment. Now let us take a peep at the opposition players who would be fielded for the Pakatan Rakyat big match on Wednesday. Anwar Ibrahim, the de facto electoral pact leader, and "God's Gift" to PKR, has been flip-flopping but then that is the mercurial man for you. PAS Youth chief Nasrudin Hassan Tantawi declared that hudud has been and always would be part of the party's Islamic state agenda. This guy is remarkably consistent. The mursyidul am or spiritual leader of PAS Nik Abdul Aziz Nik Mat is adamant that DAP is free to leave Pakatan if the party disagreed with Kelantan's intent to push ahead with hudud. You really don't have to ask about the rest in the PAS ulama camp such as Nasharuddin Mat Isa, Tuan Ibrahim Tuan Man, Harun Din and Hassan Ali. PAS president Abdul Hadi Awang will, of course, stay the course.
PAS Islamic state blueprint In 2003, Hadi issued his party's Islamic state document which avowed: "The publication of this document is sufficient evidence to squash allegations made by its enemies that PAS will not establish an Islamic state… Verily the responsibility of establishing an Islamic state is as important as performing the daily obligatory rituals of Islam." The 2003 Islamic state blueprint also promised: "Should PAS be mandated to govern Malaysia, God willing, an Islamic state as outlined in this document will be implemented to the best of our ability. Towards Victory. Allahu Akbar!" On the matter of hudud, the PAS document stated that Muslims are naturally subject to syariah – hudud, qisas and ta'zir – while non-Muslims are given the option of either syariah or "the current penal code of the land". Even the PAS progressives, dubbed the "Erdogan" faction', support hudud. Party vice-president Husam Musa was challenged by Umno Youth chief Khairy Jamaluddin in their one-on-one debate in December 2008 to state his stand. Responding to Khairy's challenge, Husam replied that "Yes", hudud would be implemented if Anwar's planned takeover of the government on Sept 16 had materialised. The PAS Islamic state document covers the area of supremacy of God's law, the khilafah (custodians who administer the state according to Islam's teachings), taqwa (god-fearing), shura (consultation), and al-'Adaalah wal Musaawah (justice and equality), among others. Among the main characteristics of an Islamic state, according to PAS, are obedience to religion, obedience to the state and adherence to the exhortation to enjoin good and forbid evil. 'Amar ma'aruf nahi mungkar' Aaah, "enjoining good and forbidding evil". The phrase that DAP secretary-general Lim Guan Eng made famous throughout the country with his constant use of it and even putting up its Arabic version "amar ma'aruf nahi mungkar" on big billboards all over Penang. Lim, having trumpeted to the length and breadth of the land that his administration was modelled after the Islamic governance of the celebrated Caliph Umar Abdul Aziz, would (one hopes) carry himself as someone respectful of Islamic norms, forms and aspirations. The old guard of the DAP such as "over my dead body" Karpal Singh and "compulsory tudung is unacceptable" Lim Kit Siang would not have hudud as they are sticking to the idea that Malaysia is secular. But DAP 2.0 itself treats Karpal and Kit Siang as if the duo are twin dinosaurs fossilised in outmoded pre-March 2008 thinking. DAP 2.0 has, on the contrary, rebranded and packaged "inclusiveness" to appeal to Malay voters. Yet very few Malays and Muslims would agree that ours is a truly secular country (but we'll leave that quarrel for another day). In the meantime, let's just see how the Muslim politicians and opinion leaders have tackled the hudud bombshell. Note that they are very careful in choosing their words.
Muslim views on hudud Former Perlis mufti Mohd Asri Zainul Abidin said Malaysia is not ready for hudud but "it can be implemented if all the conditions are met and the situation, conducive". Nonetheless, he added that it is important now to create the required situation by making the people understand hudud and undertaking other preparations to lay the groundwork. Deputy Prime Minister Muhyiddin Yassin is again as forthright as he was previously in acknowledging the importance of the Malay identity to him. Muhyiddin acknowledges: "As a Muslim, I cannot reject hudud law. This is a fact from the Islamic law aspect but its implementation has become a subject of debate today." Fair enough, and honest of him to speak plainly. Muhyiddin said he does not question the need to implement hudud but Umno's stand is that in Malaysia we cannot implement it in the present situation. Observe that Muslim politicians on the BN side do not question hudud but skirt around its suitability given the circumstances of a sizeable non-Muslim population. Which is also essentially the contention employed by Umno vice-president Ahmad Zahid Hamidi who opined that Malaysia's multi-cultural setting makes it unsuitable for hudud law to be implemented here. Kita president Zaid Ibrahim once challenged the 1993 Kelantan hudud bill in court but he was similarly careful to observe only that it is at variance with the Federal Constitution. Zaid's legal argument goes that federal legislation alone allows certain corporal and capital punishments, such as hudud's amputation and death penalties. The states cannot enact their own separate penal code with such heavy punishments. Muslim leaders are most meticulous to appear not to directly criticise hudud. READ MORE HERE |
| Antara "Dajal" Dan Laut Dalam Posted: 25 Sep 2011 03:47 PM PDT 
The Scribe A Kadir Jasin DALAM bahasa Inggeris ada satu ungkapan yang berbunyi "between the devil and the deep blue sea". Diterjemahkan literal ke bahasa Melayu ia bererti di antara dajal dan laut dalam yang biru warnanya. Ia merujuk kepada dua pilihan saya sama besar ancamannya. Ungkapan ini tidak asing kepada kepemimpinan politik dan orang ramai yang berpendidikan Inggeris, tetapi mungkin dianggap kasar atau kesat oleh yang tidak biasa dengannya. Dalam konteks pilihan raya umum yang akan datang, apakah ini pilihan yang ada kepada kita? Boleh jadi kerana tanggapan umum terhadap orang politik begitu negatif maka jarang mereka mengaitkan orang politik dengan laut dalam yang biru airnya. Mereka lebih kerap mengaitkan politik dan orang politik dengan dajal. Maka diciptakan pula frasa yang berbunyi "it's better the devil know than the devil you don't" – lebih baik dajal yang kita kenali dengan yang tidak kita kenali. Di Barat yang kini menjadi "kiblat" politik ramai Melayu dan bukan Melayu liberal, mereka sangat tidak menyukai dan jarang sekali mempercayai orang politik. Jadi, jolokan "devil" itu kerap dirujukkan kepada mereka. Hatta seorang pembesar politik yang dikagumi kerana kehebatan tindak tanduk dan tipu-helahnya pun dikaitkan juga dengan dajal. Dia dikatakan "devilishly clever" – cerdik macam dajal. Pilihan Dalam PRU Akan Datang Jadi, menjelang PRU akan datang, apakah pilihan yang ada kepada pemilih di Malaysia – adakah di antara dajal dan laut dalam yang biru warnanya atau antara dajal yang mereka kenal dengan yang tidak mereka kenal? Minta dijauhkan Allah, pilihan yang akan dikemukakan kepada kita nanti hendaknya bukanlah dajal sebaliknya insan-insan yang boleh kita panggil pemimpin. Barisan Nasional/Perikatan telah menguasai politik Malaysia (Malaya) sejak Pilihan Raya Dewan Perundangan Malaya tahun 1955. Di kalangan parti-parti Pakatan Rakyat pula, hanya Pas mempunyai rekod yang lama mentadbir negeri. DAP dan PKR baru pada tahun 2008 berkongsi memerintah negeri. BN menjadi sangat lemah ketika pentadbiran Abdullah Ahmad Badawi. Beliau menang besar pada PRU 2004 dan kalah teruk pada PRU 2008. Abdullah menjadi mangsa liberalisasi politik yang tidak terancang dan pembawa-larian pentadbirannya oleh beberapa kerat "insider" yang digelar Budak-Budak Tingkat Empat. Mereka terdiri daripada ahli keluarga, rakan-rakan dan pegawai-pegawai peribadi beliau. Mohd Najib Abdul Razak naik menjadi Perdana Menteri pada tahun 2009 apabila Abdullah dihambat keluar oleh gabungan bekas Perdana Menteri, Tun Dr Mahathir Mohamad, dan Naib Presiden kanan Umno masa itu, Muhyiddin Mohd Yassin. Atas sebab itu, Mohd Najib terpaksa berhati-hati apabila berurusan dengan Dr Mahathir dan Muhyiddin yang kini timbalan beliau merangkap Timbalan Presiden Umno. Abdullah cuba menjadikan "Islam Hadhari" wadah perjuangannya dan jatuh tersungkur. Hari ini, Islam Hadhari hampir-hampir tidak disebut lagi. Mohd Najib mempunyai jauh lebih banyak gagasan dan slogan. Daripada 1Malaysia kepada rakyat didahulukan, pencapaian diutamakan, Pelan Transformasi Kerajaan (GTP), Pelan Transformasi Ekonomi (ETP), Pemandu, KPI, NKRA dan pada malam menjelang Hari Malaysia 16 September lalu, memperkenalkan pula "cool factor" dengan mencadangkan pemansuhan Akta Keselamatan Dalam Negeri (AKDN) serta beberapa akta polok yang lain. Banyak pihak menyindir dan menyelar retorik beliau, tetapi kerana kepandaian beliau dan "handlers" beliau memperkenalkan satu demi satu penjenamaan, rakyat jelata keliru dan akhirnya lupa janji-janji yang belum ditunaikan atau gagal pelaksanaannya sebaliknya gembira dengan janji-janji baru yang diperkenalkan satu demi satu. Injit-Injit Semut Mohd Najib Ada kalanya beliau memaksa pembangkang menari mengikut rentak beliau dan ada masanya rentak tarian beliau sama dengan rentak pembangkang. Apabila beliau menguar-uarkan "package" liberalisasi politik yang termasuk pemansuhan AKDN, rentak beliau sama dengan rentak pembangkang sekian lama berkempen menghapuskan Akta itu. Tetapi, pokok pangkalnya Mohd Najib, Umno dan BN akan diadili mengikut kriteria yang lebih asas dan fundamental seperti prestasi ekonomi, kenaikan kos sara hidup, pengangguran, kadar jenayah dan isu-isu harian. Pemansuhan AKDN mungkin mempopularkan Perdana Menteri di kalangan pengundi minoriti Cina dan India, tetapi akan menimbulkan masalah di kalangan pengundi majoriti Melayu yang selama lebih 40 menjadi penyokong kuat ISA. Jentera BN meramalkan prestasi baik pada PRU akan datang, termasuk menawan semula Selangor. Kalau keyakinan ini ada asasnya, ia bukanlah kerana BN telah menjadi lebih kuat, tetapi kerana PR menjadi lebih lemah. Perkembangan dalam parti-parti PR dan di antara mereka memberi gambaran wujudnya masalah ideologi, dasar dan pendekatan yang luas. Tarik tali antara Pas dan DAP mengenai Negara Islam/Hukum Hudud lawan sekularisme tidak membantu memperkukuhkan PR manakala isu kesinambungan kepemimpinan terumbang ambil akibat kes mahkamah ketua mereka, Anwar Ibrahim. Keceloparan Timbalan Presiden baru Pas, Mohamad Sabu, membantu Umno kerana ramai anggota pasukan bersenjata dan perasanya marah kepada Pas. Undi pos polis dan tentera sudah dalam tangan BN. Tetapi dengan mencadangkan pemansuhan ISA, Mohd Najib mungkin melukakan perasaan kelompok yang sama yang mengorbankan nyawa dan jasad mempertahankan negara daripada keganasan komunis dan pelampau-pelampau lain. READ MORE HERE |
| Hudud dan Kelantan Posted: 25 Sep 2011 03:34 PM PDT 
Perlembagaan negara telah menyatakan dengan jelas bahawa di bawah Artikel 8 (5) bahawa hak sama-rata tidak boleh diguna-pakai. Sebagai contoh, jika orang Islam yang mempunyai hubungan seks dengan persetujuan orang bukan Islam, maka dia akan menghadapi tindakan manakala rakan bukan Islam akan terlepas dan dibebaskan. Aziz Bari, Harakah Daily Selepas melawat Kelantan dan memberi taklimat kepada Menteri Besar Kelantan Datuk Nik Aziz Nik Mat, semalam serta mendengar sentimen daripada akar umbi, saya kini boleh meluahkan perkara berikut; yang masyarakat di luar Kelantan tidak boleh menghargai.
Saya akui bahawa apa yang saya lihat dan dengar semasa lawatan singkat itu telah mengubah perspektif saya mengenai isu berkenaan.
1. Hudud adalah tuntutan/hasrat rakyat Kelantan. Tok Guru berada di bawah tekanan dan saya fikir mereka sanggup mengadakan referendum atau pungutan suara bagi tujuan itu. (Penulis rencana, Profesor Dr Abdul Aziz Bari)
Berdasarkan sentimen ini, pemimpin Umno di Kelantan mengutuk Perdana Menteri Datuk Seri Najib Razak kerana menolak hukum hudud yang secara tidak langsung membawa makna Umno boleh gulung tikar di negeri itu.
2. Seminar yang dianjurkan itu bukanlah sesuatu yang baru, saya pernah menjadi ahli panel untuk acara Hari Hudud pada tahun-tahun sebelumnya. Ini adalah program tahunan walaupun sebelum Pakatan diwujudkan.
Bagaimanapun bagi tahun ini, media-media milik Umno telah memutar-belitkan isu itu atas sebab-sebab yang jelas: pilihan raya dan berharap ia dapat mengkucar-kacirkan Pakatan. Sebelum ini, Umno langsung tidak mempedulikan Hari Hudud.
3. Tetapi saya berpendapat Najib membuat langkah yang salah. Dengan menolak pelaksanaan hukum hudud, beliau berfikiran bahawa boleh mendapatkan sokongan dan undi masyarakat bukan Islam.
Tetapi Tok Guru bukan bodoh. Mereka mempunyai laman facebook sendiri dan berdasrkan yang diterima, PAS yakin bahawa Umno kini tergugat atau terdedah di kawasan Melayu/Islam. Berdasarkan sambutan di Facebook, tidak ada jaminan bahawa mereka akan mendapat undi bukan Islam. DAP juga membuat kesilapan di sini. Untuk Islam dan di Kelantan sahaja
 4. Tok Guru telah menyatakan dengan jelas: hudud adalah hanya untuk Kelantan sahaja dan untuk orang bukan Islam. Jadi apa masalah?
Saya telah berkata bahawa dari segi perlembagaan negara, ini tidak ada masalah. Masalahnya adalah dengan pengerusi DAP Karpal Singh dan parti itu yang yang berpegang pada keputusan mahkamah yang hakim itu sendiri - Tun Salleh Abas - mendakwa berlaku kesilapan.
Dan juga, apa yang DAP perkatakan bukan sahaja merupakan satu pandangan yang hanya betul. Ia hanya pendapat. Tidak ada kebenaran mutlak dalam hal ini.
Perkara yang paling penting untuk difahami adalah bahawa perlembagaan tidak melarang pemakaian undang-undang Islam. Malah Najib sendiri mengakui perkara itu sudah ada dalam sistem sekarang. Kini, PAS boleh berkata kepada PM: lakukannya.
5. Najib seolah-olah mengulangi apa yang saya katakan selama ini; bahawa unsur-unsur hudud sudah ada dalam sistem di negara ini.
Persoalannya jika demikian, mengapa menentang PAS berhubung isu itu? Umno sepatutnya membantu dan bukannya menjadi halangan. Atas alasan itu, saya katakan Umno berada dalam bahaya kehilangan undi orang Melayu beragama Islam dalam usaha mereka merayu mendapatkan sokongan masyarakat bukan Islam.
Dan masyarakat bukan Islam tidak semestinya mempercayai apa yang dilaporkan oleh media mereka setakat ini. Cuba perhatikan apa yang PAS akan lakukan mulai hari ini berhubung isu berkenaan. Tidak ubah dasar Pakatan
6. Tidak timbul persoalan mengubah dasar Pakatan, seperti yang didakwa oleh Ketua Menteri Pulau Pinang, Lim Guan Eng yang juga adalah setiausaha agung DAP.
Hukum hudud adalah hanya untuk Kelantan dan untuk umat Islam. Malah di Kedah, PAS mempunyai dasar yang berbeza. Menteri Besar Datuk Seri Azizan Razak tegas berkata hukum hudud tidak akan dilaksanakan di negeri pimpinan PAS itu.
 Nampaknya DAP cuba membuktikan bahawa mereka mendahului MCA dan Gerakan dalam usaha menentang hudud. Mereka terlepas pandang hakikat bahawa Nik Aziz hanya mendengar dan bertindak mengikut sentimen akar umbi di negeri itu.
Yang DAP lihat dari perspektif ini - sama seperti Umno, MCA dan Gerakan - mengambil pendekatan tidak demokratik. Mereka menolak hudud walaupun ia tuntutan orang ramai dan permintaan seumpama itu dibenarkan oleh perlembagaan.
Di Kelantan, PAS dengan yakin mengisytiharkan bahawa mandat untuk memerintah termasuk mandat untuk melaksanakan hudud. Jadi, pada dasarnya, ini adalah mengenai menghormati permintaan ramai dan bukannya semata-mata melaksanakan hukum hudud atau mengkhianati rakan-rakan Pakatan.
Kita harus ingat bahawa permintaan hudud di Kelantan dilakukan melalui saluran demokrasi. Ini adalah apa yang Umno, DAP, MCA dan Gerakan perlu sentiasa ingat.
7. Saya bersetuju dengan Tok Guru bahawa tiada perubahan dalam sistem atau di dalam polisi. Ia hanya melakukan sesuatu yang boleh didapati dalam kerangka sistem sedia ada . Tetapi sudah tentu beliau menyedari bahawa ini hanya boleh menjadi kenyataan dengan kerjasama dari Umno.
Akta Mahkamah Syariah yang akan mengekang kuasa mahkamah syariah selama ini perlu dimansuhkan dan juga bagi membolehkan agensi-agensi persekutuan seperti polis dan sebagainya menjalankan tugas mereka di sisi undang-undang.
Jika Umno menolak melakukan ini, maka PAS boleh mencanangkan perkara ini ke seluruh negara bagi mendedahkan tembelang sebenar Umno. Selama ini, Umno telah melakukan pelbagai perkara untuk membuktikan bahawa mereka adalah pembela dan pejuang Islam yang sebenar. Antara contohnya, seperti serbuan gereja di Selangor, isu kepala lembu dan sebagainya.
Apabila Najib menolak hukum hudud, beliau sebenarnya telah merosakkan semua kerja keras parti dan ahli-ahli Umno lakukan selama ini.
8. Saya fikir PAS bersedia bertarung pada pilihan raya umum akan datang tanpa DAP. Mereka masih mempunyai PKR dan Dewan Phimpun Penyokong PAS (DHPP) mereka sendiri.
Saya tidak pasti jika DAP, MCA dan Gerakan benar-benar mewakili masyarakat bukan Islam. Masalah dengan parti-parti Cina adalah kerana mereka berfikiran hudud tidak boleh diterima meskipun perlembagaan tidak menyatakan demikian.
Golongan berkecuali atau atas pagar di kalangan masyarakat bukan Islam saya fikir adalah rasional, mereka tidak bimbang, khususnya selepas Tok Guru memberi jaminan bahawa hukum hudud akan hanya dilaksanakan di Kelantan dan untuk umat Islam sahaja.
9. Umat Islam liberal? Undang-undang adalah jelas. Malah, sekarang pun, mereka tertakluk kepada undang-undang Islam. Mereka tidak mempunyai hak untuk memilih apa undang-undang.
Perlembagaan negara telah menyatakan dengan jelas bahawa di bawah Artikel 8 (5) bahawa hak sama-rata tidak boleh diguna-pakai. Sebagai contoh, jika orang Islam yang mempunyai hubungan seks dengan persetujuan orang bukan Islam, maka dia akan menghadapi tindakan manakala rakan bukan Islam akan terlepas dan dibebaskan.
10. Nik Aziz berkata, beliau ingin cuba melaksanakan hukum hudud di Kelantan sekarang kerana majoriti umat Islam di negeri itu telah memberikannya mandat. Negeri-negeri lain, katanya, hanya perlu menunggu dan melihat bagaimana Kelantan melakukannya. Jika ia 'baik' dan berjaya, mereka boleh melakukan perkara yang sama.
11. NGO seperti kumpulan pendesak Melayu, PERKASA, Pembela Islam dan yang lain perlu menyokong Kelantan dalam isu ini. Jika tidak, mereka menghadapi risiko dilabel sebagai boneka atau barua Umno semata-mata. ------------------------------------------------------------------ Penulis adalah profesor undang-undang perlembagaan dari Universiti Islam Antarabangsa. Tulisan awal telah disiarkan dalam Malaysiakini. |
| Private sector retirement age to go up Posted: 25 Sep 2011 02:42 PM PDT 
By G. Manimaran, The Malaysian Insider KUALA LUMPUR, Sept 26 — Private sector employees will be allowed to work until they are 64, with a minimum mandatory retirement age of 60 under a new law being drafted by the government. The Private Sector Retirement Age Act will mandate retirement at 60, with an option for a four-year extension. "This means that the retirement age will be raised from 55 to 60. A technical committee has met two or three times with the last coming just before Hari Raya," Malaysian Trades Union Congress (MTUC) secretary-general Abdul Halim Mansor told The Malaysian Insider. The Malaysian Insider understands that the change, which will benefit six million workers, will also require an amendment to the Employment and Employees Provident Fund Acts. It is also understood that except for one employers' representative, there has been unanimous agreement on the proposal. Although the matter is being refined by the technical committee, Halim said the MTUC wants the welfare and benefits of employees to be given priority. "We ask the government to take into account the shortcomings of the Employment Act when laws on private sector retirement age are introduced," he said. READ MORE HERE. |
| Materialistic society paying a high price for choosing status over their needs Posted: 25 Sep 2011 01:26 PM PDT (The Star): Despite the rising cost of living, Malaysian consumers identify strongly with expensive branded products, said the Federation of Malaysian Consumers Associations (Fomca). Its chief executive officer Datuk Paul Selvaraj said instead of buying cheaper in-house brands, consumers opt for branded items that are usually more expensive. "This shows we have become a materialistic society," he said during The Star's "Protect Our Pockets" roundtable on the rising cost of living on Tuesday. He said Malaysians have become obsessed with brands until they overlook cheaper price items which they think have less quality. "Appearances have become more important than substance. They buy a car not because it could bring them from one place to another but to make them feel better. "It is about our value system. One example is buying a Honda City when they can only afford a Perodua Kancil," said Selvaraj. Other panellists at the roundtable were Malaysian Retailers-Chains Associations secretary-general Valerie Choo, Carrefour marketing communications (Singapore and Malaysia) director Low Ngai Yuen, Pemandu director of National Key Result Areas and National Key Economic Areas D. Ravindran, Pemandu senior manager Philip See and The Star's executive editor Datuk Wong Sai Wan. Wong added that the basic rule of smart consumerism was spending within one's means and being mindful of consumption. "You can come out with all sorts of formulae, but you must spend less than you earn. Everyone should also set aside at least 30% of their earnings for emergencies," he said. Choo concurred, adding that: "Financial planning is more than just an ability to manage money but a value that is inculcated at a young age." She added that parents play a vital role as role models for their children on the importance of savings. |
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