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Q & A on the Hudud and Qisas Enactment

Posted: 25 Aug 2012 07:27 AM PDT

In countries with a population that are not predominantly Muslim (e.g Nigeria and Sudan), the laws are not applicable to non-Muslims. In countries where non-Muslims are of very small minority or non-existent and where an Islamic state is established (such as in Saudi Arabia, Iran), Hudud offences and punishments are incorporated into the law of the land and apply to all citizens. 

1. What is the Hudud and Qisas Law?

Hudud and Qisas laws deal with offences and punishments that are interpreted by Muslim juristic scholars to be derived from the Qur'an and the Sunnah (of the prophet). Hudud literally means limit. According to some scholars, the word "hudud" is not used in the Qur'an specifically in terms of punishment. However juristic opinion has reduced hudud to mean mandatory punishment. Under Hudud law, theft, robbery, illicit sex, alcohol consumption and apostasy are considered offences. Punishment for these offences are corporal in nature, involving whipping, stoning to death and amputation of limbs. Qisas (law of retaliation) refers to offences that involve bodily injury or loss of life. The punishment is death or imprisonment, but compensation in the form of a sum of money or property (diyat and irsy) is accepted if the guardian of the victim forgives the offender. In Malaysia both Hudud and Qisas offences are contained in the set of legislation known as the Syariah Criminal Code Enactment. In Kelantan the law is formally called the Syariah Criminal Code (11) Enactment 1993 and was passed on November 25, 1993. In Terengganu the Syariah Criminal Offences (Hudud and Qisas) Bill was passed on July 8, 2002.

2. What offences are covered in the Kelantan and Terengganu Enactments?

Six offences are recognised under the Enactment as Hudud offences, namely:

  • Sariqah (theft)
  • Hirabah (robbery)
  • Zina (unlawful carnal intercourse)
  • Qazaf (accusation of zina which cannot be proved by four witnesses)
  • Syurb (drinking liquor or intoxicating drink)
  • Irtidad or riddah (apostasy)
The second set of offences refer to homicide and bodily injury and listed under Qisas.

3. What are the punishments prescribed for the offences?

  1. Syurb - is consumption of liquor or other intoxicating drinks. The act of consumption in itself regardless of whether a person is intoxicated by it, is punishable with whipping of not less that 40 stripes for first offenders, 80 stripes and imprisonment for repeat offenders.

     

  2. Sariqah (theft) - is punishable by the amputation of the offender's right hand. For a second offender, amputation of his left leg and for a third and subsequent offender imprisonment as deemed fit by the court. However the offender shall not be liable for the above punishments if amongst others, the value of the stolen property is less than a prescribed sum, the owner of the stolen property failed to take adequate steps to protect his property, the property is freely available or the property is valueless in Islam e.g. liquor or entertainment equipment.

     

  3. Hirabah - For the crime of armed robbery, the punishment is:- death and thereafter crucifixion if the victim is killed and his or another person's property is taken; or death if the victim is killed but no property is take; or amputation of the right hand and left leg if the victim is not killed or injured.

     

  4. Zina - is categorised under the Bill as:-illicit intercourse by an unmarried person with another person the punishment for which is whipping of 100 stripes and 1 year imprisonment; and adultery; the punishment for which is stoning until death.

     

  5. Qazaf - The Qur'anic injunction against qazaf is to prohibit the accusation of chaste women of zina (illicit intercourse). Under the Bill, any person who accuses another of illicit intercourse without bringing forth 4 adult male Muslim witnesses, is to be punished with whipping of 80 stripes. Section 9 specifically states that any person complaining of rape in a case where such rape is not proven shall be deemed to have committed qazaf. In relation to married couples, zina may be proven by unrebutted sworn allegation of a person against his/her spouse.

     

  6. Liwat - is defined under the Bill as sodomy by a man with another person who is not his wife. Liwat is to be proven in the same manner as zina.

     

  7. Irtidad or Riddah - The punishment for blasphemy or apostasy by an unrepentant offender is death and forfeiture of property.
4. What evidence is needed to prove Hudud offences?

Every offence except zina must be proven by the testimony of 2 adult principled male Muslim witnesses who have not committed any major sins nor continue to commit minor sins. Zina is to be proven by the testimony of 4 adult principled male Muslim witnesses. Zina can also be proven by pregnancy of or birth of a child by a woman not then married unless she brings proof to the contrary. In the event there is insufficient evidence for the purposes of meting out hudud punishments, then the offender may nevertheless be punished by the court with non-hudud punishments. This is known as ta'zir punishment.

5. Can Hudud punishment be reduced and adjusted?

Hudud punishment is mandatory. Section 50 of the Terengganu Enactment provides that hudud punishments may not be reduced, substituted, stayed or in any way varied. Nor can the offender be forgiven.

6. What is the difference in the notion of crime between Hudud and any secular penal code?

Under secular laws, an action is considered criminal if it brings about serious harm or death to another party or when there is victimization involved. The violation of private property rights, including bodily rights (as in physical assault and rape) is also construed to be a crime. Although Hudud and Qisas are informed by these premises, there are additional areas in the Islamic law which are outside the bounds of these justifications. For example, under secular law, a sexual relationship between consenting adults is not a crime as it does not bring injurious harm to another party. Drinking of alcohol is not a victimizing act, hence it is also not a crime. However, drunken driving is, as it can potentially cause serious harm to another party. The right to renounce one's religion is also not a crime as it is considered a human right to religious freedom, with no repercussions of victimization. In contrast, Hudud law "criminalizes" all of these actions, namely, sex outside marriage, drinking of alcohol and the renouncement of the Islamic religion. Hudud proponents say that these laws are divinely ordained by God. However, the codification and formalization of these laws are mediated by human actions and subjected to human interpretations.

7. How can Hudud be subjected to human interpretations?

The hudud provisions have been formed through the opinions of jurists in Muslim jurisprudence. The methodology of interpretation that is used involves ijtihad (independent reasoning) and qiyas (analogy). Their views are further subjected to sanctions through a politico-legal process of ijma or consensus of the jurists or through majority opinion (jumhur). The founding of the four schools of jurisprudence by the four great imams (Abu Haniffa, Malik ibn Anas, Shaf'i and Hanbal) were all in the Abbasid period, stretching from the 8th to the 13th century, or 100 years after the Prophet's death.

8. What other countries have a similar law?

Hudud laws were introduced in Pakistan in 1979 under the rule of General Zia ul-Haq. In Sudan President Numeiri introduced Hudud by replacing the old Penal Code of 1974 with the new Penal Code of 1983. In the new Penal Code of Sudan, Hudud offences such as adultery are unlawful and the punishment will vary for Muslims and non-Muslims and whether one was married or unmarried. In Nigeria the northern state of Zamfara was the first to introduce the Hudud law in January 2000. Nine other Muslim-majority states in Northern Nigeria have subsequently adopted the Hudud to a lesser or greater extent.

9. Is Hudud only applicable to Muslims?

In countries with a population that are not predominantly Muslim (e.g Nigeria and Sudan), the laws are not applicable to non-Muslims. In countries where non-Muslims are of very small minority or non-existent and where an Islamic state is established (such as in Saudi Arabia, Iran), Hudud offences and punishments are incorporated into the law of the land and apply to all citizens.

10. Is there a chance that Hudud may overstep the legal rights of non-Muslims?

In all likelihood it will. As Malaysia is a plural society and where the concentration of one ethnic community is not necessarily confined to one region or state there are bound to be clashes and overlaps in application. For example in any crime the victim and perpetrator may be of different religions. If the alleged rapist is a Muslim and the victim is a non-Muslim, there will be the question as to under what law the charge would be brought about. Under Hudud the alleged male perpetrator may stand to gain because of the impossibility of getting the testimonies of four Muslim male witnesses. Under Hudud, Muslims who commit robbery of property that is valueless in Islam e.g. liquor or entertainment equipment will have a chance of escaping any prosecution. In another worst-case scenario, such as in an incident of gang-rapes, where there are multiple perpetrators and victims (comprising Muslims and non-Muslims), eye-witness accounts of the rapes which may be offered by the victims would not be admissible as evidence as they may not be Muslim and male. In all of these hypothetical cases non-Muslims will stand to see justice taken away from them.

READ MORE HERE

 

Is Musa on his way out?

Posted: 23 Aug 2012 03:14 PM PDT

Rumours are rife that Najib Tun Razak will soon give the nod for Musa Aman to be replaced by an interim CM.

Calvin Cabaron, FMT

KOTA KINABALU: Increasingly embattled Umno may be forced to do a rescue reshuffle of the party hierarchy in Sabah in the hope of retaining its political hold on the state.

Reliable party insiders here said the reshuffle would involve no less than the top posts in Sabah Umno and the state government – both currently held by Musa Aman.

Musa's leadership is being openly challenged by his own colleagues.

The most recent and stinging attack was from Umno's influential Beaufort MP Lajim Ukin who disclosed that Prime Minister Najib Tun Razak reneged on a pledge to change Musa, who has become subject of various allegations of abuses of power including one involving hundreds of millions of ringgits in a Swiss bank account.

Lajim, together with Tuaran MP Wilfred Bumburing, the former deputy president of Upko – a BN component – have since left the national coalition and thrown their support behind Anwar Ibrahim's Pakatan Rakyat.

According to the insiders, Najib is expected to give the go-ahead to the idea of replacing Musa as Sabah Umno chief.

Shafie Apdal, an Umno vice-president who is also a senior federal minister, will eventually replace Musa.

In the interim, these insiders said, Musa would be asked to take a vacation and let a senior Sabah Umno minister take over as chief minister ahead of the 13th general election.

Two names had been floated for the job – Hajiji Mohd Noor of Tuaran or Masidi Manjun of Ranau.

The manoeuvring is to eventually pave the way for Shafie, the Semporna MP, to take over the leadership of the state after the general election.

Lajim-Musa tussle

Shafie has already won many friends and confidantes in the Sabah BN circles and they include ex-BN stalwarts Lajim and Bumburing, as well as PBS deputy president Maximus Ongkili and LDP president VK Liew, both are serving in the federal government.

Umno's grapevine has it that Lajim could well be doing Shafie a favour by steadily going against the establishment. He is expected to provide more information on alleged corruption in government as the election looms.

The tussle between Lajim and Musa has been going on for some time.

The Beaufort MP went so far as to brief Najib about the swelling disapproval of Musa in the state which was further fueled by the exposé of money-laundering investigations being carried out in Malaysia and abroad.

Musa is being described as 'Mr Vacuum' by those doing business in Sabah to illustrate the lack of business friendly conditions in the state.

Many have overlooked the fact that Musa was already a successful multi-millionaire businessman well before he was appointed chief minister in 2003.

When he was appointed, he reportedly declared his wealth to be RM300 million.

But that is exactly where other groups are going for his throat. They argue there is no reason for him to allegedly "take all" as he is already very rich.

However other spheres of influence control Sabah politics in one way or the other.

On one hand, Shafie is said to be close to Najib while on the other Musa reportedly has the ear of the Prime Minister's influential wife, Rosmah Mansor.

Najib-Shafie-Yong team

Shafie is favourably positioned as the great uniter able to win back Lajim and Bumburing, should the duo get elected under Pakatan ticket in the coming election.

According to the Umno insiders, Shafie is also a friend of Sabah Progressive Party (SAPP) leader, Yong Teck Lee, and this relationship would come in handy for Najib should there be a hung parliament later.

READ MORE HERE

 

Why Section 114A should be repealed

Posted: 22 Aug 2012 03:19 PM PDT

Continued opposition to this piece of legislation may yet result in it being taken off the statute books.

P. Gunasegaram, The Star

THE recent amendment to the Evidence Act with the insertion of Section 114(A) basically presumes that a person who is depicted in a publication as owner or administrator is presumed to have published the contents.

This effectively means that those named in publications are presumed guilty of any offending content that may be posted, including those on the Internet where there is no licensing and it is easy to use some other person's name, photograph and details as the originator.

This presumption of guilt, requiring the accused to prove his innocence, instead of the prosecution having to prove his guilt, is a strange reversal of the rule of law when the entire justice system is based on the assumption of innocence unless guilt is proven.

It is stranger still coming in the wake of moves to liberalise draconian laws such as the Internal Security Act which provided for detention without trial, and the Universities and University Colleges Act which severely curtailed the rights of students to participate in the political process.

When there is such liberalisation taking place, it is strange that the Government should be setting the clock back by introducing legislation that goes clearly against the grain of justice.

Yes, the Internet space is a raucous one and lots of stuff are pasted and posted, and people, including many in the Government, the Cabinet and the Opposition, are regularly blasted for things that they may or may not have done.

But there are laws to deal with them such as the defamation laws. And some of the victims have sought recourse to these with visible success, which includes Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim.

Why, therefore, should a sledgehammer be given to prosecutors to bring a tonne of weight down indiscriminately on people who may not have committed the offence, but may have a tough time proving that they had not and may become involved in tangled knots with the law for a long time?

Conspiracy theorists, of whom a lot exist in this country due to the nature of the way things are, have immediately seen this as a move to limit criticism. That's hardly a PR effort by the Government.

When the Centre for Independent Journalism organised an Internet blackout on Aug 14, it met with a tremendous response and many people just did not post anything on the Net during that particular day.

Such support must have had an effect on the decision of the Prime Minister to call upon the Cabinet to review its decision to pass the amendment to the relevant Act.

"Whatever we do we must put the people first," the PM had tweeted, and who can disagree with that?

But unfortunately, the Cabinet stuck to its guns and backed its previous decision.

Dr Rais said the Cabinet discussed it exhaustively and decided not to make any changes because Parliament was represented by the ruling party and the Opposition and had debated it.

"Once it is officially passed, to do something now is an afterthought," he said.

Dr Rais added that the Law Minister would explain further.

Later, Home Minister Datuk Seri Hishammuddin Hussein said the controversial amendment would be explained further by the Attorney-General.

"If explained properly, I believe right-thinking people will know why the amendment was tabled in Parliament and approved. If there still are fears, laws can also be tweaked, amended and abolished, but don't get emotional about it," he said.

Those interested will wait for the Government explanation, although Dr Rais had already said that presumption of fact was nothing new in law and there was still room for accused persons to defend themselves.

The converse position is that such a law can be abused.

Those who want to "fix" someone on the Net can post comments and claim that it came from that particular person. And that person will be tied up in knots trying to defend himself.

That is the main fear among Internet users and other publishers.

Inordinate power is in the hands of prosecutors who now don't have to prove who the real publishers are.

The question is why grant them these additional powers under the amendment when the entire Internet is subject to the laws of the country?

The only difference is that there is no licensing of the Internet compared to conventional media such as print and broadcasting.

Thus, the new laws are seen as a move to bring the Internet under control more quickly than using existing laws, a move which the disinterested would oppose.

Policymakers may actually realise that. As seen by the quote from the Home Minister above, if there is continued strong opposition to the amendment, it could be repealed.

Perhaps it may need another tweet from the Prime Minister to make that happen, and this time he will be at that Cabinet meeting.

That should make a difference to what the Cabinet may think.

 

Karpal’s strong stance annoys DAP leaders

Posted: 22 Aug 2012 03:15 PM PDT

DAP chairman Karpal Singh's strong stance against party-hopping is deafening amidst the "inelegant silence" of other leaders in the party.

Instead of facing Barisan in the general election as Karpal wants him to, Anwar is still clutching at "Sept 16" straws by personally welcoming Umno's Datuk Seri Lajim Ukin (Beaufort) and Upko's deputy-president Datuk Wilfred Bumburing (Tuaran) into Pakatan.

Baradan Kuppusamy, The Star

DAP leaders are fervently hoping that their chairman Karpal Singh will stop courting controversy for at least a few more months and let the party get over with a general election in which it is expected to do well.

But the veteran leader can't just close up especially when one of his pet topics is in the national news — party hopping — for which Karpal has only derision, seeing it as an act of betrayal of the electorate.

He is dead set against the practice, saying nothing could demean the voter more than an elected representative jumping ship for money, perks and posts.

And he has spoken up against this act of betrayal, not just now but also during Datuk Seri Anwar Ibrahim's Sept 16 fiasco in 2008; in February 2009 when three PKR assemblymen defected to Barisan Nasional and even back in the 1970s and 80s when PAS bore the brunt of its assemblymen defecting to Barisan.

Karpal had lashed out at the Pakatan leader when he began enticing Barisan MPs soon after becoming Opposition Leader in 2008.

Anwar had launched his abortive Sept 16 takeover of Putrajaya by trying to entice 30 Barisan MPs which, together with his own 82 MPs, would give him a simple one seat majority in Parliament or so it was speculated.

Karpal had publicly said he did not approve of Anwar's methods and but other DAP leaders like secretary-general Lim Guan Eng and adviser Lim Kit Siang, the two men who actually run the party, kept silent.

The defections failed to materialise and the Sept 16 coup fell flat.

Five months later, Barisan's Bota assemblyman Nasarudin Hashim defected and was welcomed with open arms by Anwar in February 2009. Anwar called the defection a brave and principled act.

But Karpal openly declared that it was unprincipled. He went against the Pakatan supremo and most of his backers, warning that only trouble could come out of this.

His warning was brushed aside by PKR and DAP leaders who wanted to beef up their ranks with "defectors".

Days later, Nasarudin returned to Barisan.

Three assemblymen — two from PKR and one from DAP — also crossed over to Barisan, giving it a simple majority in the Perak state assembly to take over the state government.

DAP's Jelapang assemblyman Hee Yit Foong, Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu had taught the Pakatan a bitter lesson, something that Karpal had warned about.

Now nearly four years later, talks of party hopping is back in the national news with two Sabah veteran MPs from Barisan crossing over to Pakatan in the twilight of their career, claiming that they always had Pakatan's interest at heart.

Instead of facing Barisan in the general election as Karpal wants him to, Anwar is still clutching at "Sept 16" straws by personally welcoming Umno's Datuk Seri Lajim Ukin (Beaufort) and Upko's deputy-president Datuk Wilfred Bumburing (Tuaran) into Pakatan.

He wants to make an impact in east Malaysia whose 55 parliamentary seats are vital for him to enjoy a simple majority in Parliament.

While Karpal has said that DAP is against party hopping as a matter of principle, the party's real power holders — the men who pull the party levers — are keeping quiet.

Only Karpal has the clout and the seniority in DAP to speak his mind publicly, even if it means going against the wishes of his own party and that of Pakatan.

Other DAP leaders prefer to keep an inelegant silence.

 

Despite defections from BN, Sabah opposition still far from united

Posted: 21 Aug 2012 02:59 PM PDT

Sabah's opposition front appears to be moving towards unity, but the ruling Barisan Nasional (BN) coalition seemingly still holds the upper hand in the 13th general election that must be called by next April, despite the recent defections to the Pakatan Rakyat (PR).

Although there was momentum gained from the recent crossovers, the opposition in Sabah still has its work cut out in avoiding three-corner fights in the next elections.

Sabah's colourful opposition ― which includes the State Reform Party (STAR), Sabah Progressive Party (SAPP), and federal opposition Pakatan Rakyat (PR) ― recently added the newly-formed Angkatan Perubahan Sabah (APS) and Pakatan Perubahan Sabah (PPS) to its fold.

Beaufort MP Datuk Seri Lajim Ukin and Tuaran MP Datuk Seri Wilfred Bumburing had last month quit BN, and respectively formed the PR-aligned PPS and APS. They were last week joined by Senator Datuk Maijol Mahap.

STAR president Datuk Dr Jeffrey Kitingan told The Malaysian Insider that his party is eyeing between 20 and 30 state seats, and anywhere from seven to 12 parliamentary seats.

He did not dismiss the possibility of multiple candidates from the opposition, saying: "We've already calculated three corner fights ― two opposition, one BN ― it's OK for us."

But when pressed about seats that were expected to be closely fought, he said that "these areas we have to work harder and also try to reduce the overlap."

When asked about Bumburing and his APS, Kitingan said "we don't really worry about him because we've been working very hard on this area."

He was confident that the recent defections would not "affect" STAR's supporters, saying that Bumburing and Lajim would be "bringing in support from BN side. Their departure will only affect the BN."

Kitingan said that the opposition parties in Sabah are "trying to forge a loose coalition" but claimed that PKR's representatives did not turn up during discussions last Monday.

"So we will see whether they are sincere."

When asked who will lead the Sabah opposition front, he said: "The United Borneo Alliance (UBA) is already operating as a group. So I think it is better it be led by local leaders rather than Kuala Lumpur (parties)."

However Sabah PKR's Darell Leiking said "the goal is more important than where you are from," adding that being a leader in PKR did not mean that he was "less of a Sabahan" compared to leaders from parties such as STAR and SAPP.

When asked whether Sabah-based parties or federal opposition PR would lead, the PKR Penampang division chief said the opposition should move away from such "polemic" to focus on more important issues.

"I think the whole idea is to have a very solid, unified opposition to face a common political enemy," he said, adding that they would be focused on replacing the "BN regime."

Darell said the SAPP is "very friendly with PR", adding that the party's president, Datuk Yong Teck Lee, is "very clear that he supports PR to form the government (and) PR will surely accord the same support."

PKR vice-president Chua Tian Chang said a key issue would be seat allocations: "(If) we manage to get one-to-one (contests, that) is already a great achievement".

But he said "if two parties are working on the same seat, the strength (of the opposition) is stronger", saying there is "no reason why we cannot co-operate."

He was responding to questions on how STAR and APS, with both focusing on the Kadazandusun Murut communities, would work together.

"Only BN want to create an impression that there is a split (in votes), where's the split?" asked Chua, who is seen as the pointman for defections in Sabah.

Chua said that any crossovers would only require PKR to give up seats, saying that "it won't concern SAPP and STAR."

He was upbeat about voter support, saying that people on the ground are "very enthusiastic... working together to fight BN."

APS information chief Lesaya Lopog Sorudim said the "focus is one fighting against one so the opposition votes will not be split and benefit BN."

Lesaya said Anwar had given the APS seats in mainly Kadazandusun Murut areas, adding that APS leader Bumburing was given the "mandate" to "discuss with STAR and SAPP to ensure a win-win situation".

DAP Sabah publicity secretary Chan Foong Hin told The Malaysian Insider that the party still aims to contest 20 state seats and 10 parliamentary seats, but said "it's too early to conclude how many seats finally we will contest" as negotiations are still going on.

Chan said that PR in Sabah now has "additional partners" with Lajim and Bumburing pulling out from BN, and said this was viewed "positively".

"Of course seat negotiations will be readjusted or fine tuned again to accommodate ... every partner under Pakatan Rakyat. We are open to talk with any party as long as they support PR and honour our Buku Jingga," he said.

Federal seats in east Malaysia's Sabah and Sarawak are expected to be BN's focal point come the general election as both states, including the federal territory of Labuan, contribute a significant 57 seats, or 25 per cent of the 222 Parliamentary seats available.

In Election 2008, BN lost its customary two-thirds parliamentary majority largely due to significant losses in the peninsula, where it won just 85 seats while the opposition swept 80 seats.

BN's saving grace was in Sabah, Sarawak and Labuan where the coalition trounced the opposition and made a near-clean sweep, winning 55 parliamentary seats to the opposition's two.

However with the recent defections, BN now held 53 parliamentary seats in east Malaysia, while the opposition's score is now four.

 

Religious discord getting louder

Posted: 20 Aug 2012 03:13 PM PDT

It is not political differences but religious strife that will undo the country.

Free Malaysia Today

The hudud debate is moving into a dangerous phase as the arguments take on an increasingly strindent tone. We do not know how the controversy will end and in what manner. But one thing is certain: if it is not handled correctly, it will blow up into a firestorm that will engulf the whole country. For religion is an extremely sensitive issue and everyone is prepared to defend their respective faith to the last drop of their blood.

Malaysia is a country of diverse races and creeds. This is an indisputable fact despite the pronouncement of a former prime minister that it is a Muslim country. Perhaps his declaration was based on the imperative of demographics: since the Malays are overwhelmingly in the majority, it logically follows that their religion should occupy a pre-eminent place on the national altar. This has already been acknowledged and enshrined in the sacred Federal Constitution.

There is no problem with Islam as a religion. It is when certain practices of the religion are taken out and are to be imposed on people of other faiths that the clash of beliefs will be set into motion. Muslim politicians and leaders must recognise that non-Muslims will never submit themselves to hudud simply because they do not subscribe to such penal laws. Their minority status does not mean they can be pulverised and made to bow down to the will of the majority.

An Islamist party and many of its supporters and sympathisers seemingly do not want to accept the secular nature of the government. It is certain that if a new opposition government rides to power, the party of god would want to exert its influence to set up an Islamic state where hudud would have full play. This is unacceptable because the votes of non-Muslims should not be interpreted as an endorsement of the religious platform of a hudud-driven party.

Non-Muslims – whether laymen, clerics, politicians – do have a stake in the discourse on laws pertaining to religion. If they oppose hudud, they are not being anti-Islam or insulting one of the great religions of the world. Their opposition is one of a principled stand: no government can impose its religious penal code on people of other faiths. To do so is to tear apart the fabric of society, leading to unnecessary loss of lives.

Tension running high

More often than not, it is the dominant race that has poured scorn on others who profess equally great and noble religions. Such victims can only meekly protest and watch helplessly as the perpetrators get a mild rebuke or a slap on the wrist. Mutual tolerance

READ MORE HERE

 

‘Anwar not making sense’

Posted: 19 Aug 2012 08:14 PM PDT

Questions have popped up following Anwar Ibrahim's responses during a live chat 'Borak Bersama Anwar' on Google Hangout on Friday.

He believed that Anwar backed by former prime minister Dr Mahathir Mohamad – who authored the once banned book Malay Dilemma and who coined Ketuanan Melayu – was responsible for PBS's downfall in 1994 and the mass legalising of Muslim immigrants from the Philippines and Indonesia.

(FMT) - KOTA KINABALU: What is the point of putting in place policies to check political saboteurs from within the Barisan Nasional "defectors"?

Why is PKR vis-à-vis  Pakatan Rakyat even entertaining these defectors who have a history of being Trojan horses?

How can these defecting leaders who are the very reason Sabah politics is in its current state be Pakatan's solution to wresting Putrajaya in the 13th general election?

"It makes no sense… how can the problem [of defectors] be the solution for Sabah " was the immediate response of a political analyst in reaction to Anwar Ibrahim's live chat on "Borak Bersama Anwar" [Chat with Anwar ] on Google Hangout on Friday night.

During the interview, Anwar attempted to allay prevailing fears that his strategy of accepting Umno-BN defectors would make Pakatan  vis-à-vis PKR no different from Umno-BN when it wrests Putrajaya.

He said: "To me, whether you are ex-Umno, ex-NGO, ex-MCA… it is immaterial.

"You must come in to accept a new culture in our political life, you must accept the new agenda… You must accept the Buku Jingga.

"These are clear policies which require transparency, a very powerful anti-corruption commission and independent judiciary.

"With these institutions in place, I frankly do not worry about individuals who may have the pension and venture to embark on policies that would be deemed to be dangerous or would sabotage the reform programme."

(The value of the recent defections of Barisan Nasional MPs Lajim Ukin [Beaufort], Wilfred Bumburing [Tuaran] and former Upko senator Majpol Majpai has been hotly debated and has put under scrutiny PKR, DAP and PAS' stand on party-hopping. DAP and PAS have in the past said that they would not sanction such defections.)

Meanwhile, the analyst, who declined to be named, was unimpressed by Anwar's responses and asked exactly what "new culture" Anwar was talking about.

'I assume he is referring to the defections… that's how Umno brought down PBS in 1984 and Perak after 2008.

"He [Anwar] thinks Sabahans are stupid… reform had a meaning in 1999, now it's just Putrajaya by any means… he's admitted it.

'He said Umno had severely embarrassed… he wants vengeance… it's not reform or Sabah rights" the analyst said.

History retold

Sabahans, the analyst said, remembered the role Anwar played in the 1980s and 1990s in "destroying" Sabah.

He said while the history books may not have recorded the political subterfuge that eventually saw Sabah's Christian population being nuetralised and its leadership ousted, the scar was deep and "twisted-tongue Anwar must not be trusted".

He believed that Anwar backed by former prime minister Dr Mahathir Mohamad – who authored the once banned book Malay Dilemma and who coined Ketuanan Melayu – was responsible for PBS's downfall in 1994 and the mass legalising of Muslim immigrants from the Philippines and Indonesia.

According to the analyst, Mahathir was extremely sore with his then deputy Musa Hitam for sanctioning Joseph Pairin Kitingan's ascent as chief minister after PBS was democratically elected in 1984.

The strategy to bring down PBS and neutralise the majority Christians electorate began at that point.

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Assange berates United States from Ecuador Embassy balcony

Posted: 19 Aug 2012 03:02 PM PDT

(Reuters) - LONDON: WikiLeaks founder Julian Assange berated the United States yesterday from the balcony of the Ecuadorean Embassy where he has sought refuge from arrest, demanding President Barack Obama end what he called a witch-hunt against his whistle-blowing website.

Speaking from within the London mission to avoid being detained by British police who want to extradite him to Sweden for questioning over rape allegations, Assange said the United States was fighting a war against outlets like WikiLeaks.

Comparing himself to Russian punk band Pussy Riot and the New York Times newspaper as also deserving protection from oppression, Assange said the United States risked dragging the world into a dangerous era in which journalists would fall silent. He did not mention the rape allegations.

"As WikiLeaks stands under threat, so does the freedom of expression and the health of all of our societies," Assange said, dressed in a maroon tie and blue shirt, and flanked by the yellow, blue and red Ecuadorean flag. Dozens of British policemen lined up on the pavement below.

"I ask President Obama to do the right thing: the United States must renounce its witch-hunt against WikiLeaks," Assange said in a 10-minute speech which he ended with two thumbs up to the world's media.

Ecuador's socialist President Rafael Correa, a self-declared enemy of "corrupt" media and US "imperialism," granted the former computer hacker political asylum last week, deepening a diplomatic standoff with Britain and Sweden.

Foreign ministers from across South America strongly supported Correa's stance at an emergency meeting in Ecuador yesterday, saying countries had a sovereign right to grant asylum.

Ecuador's decision marked the latest twist in a tumultuous journey for Assange since he incensed the United States and its allies by using his WikiLeaks website to leak hundreds of thousands of secret US diplomatic and military cables in 2010, disclosures that often embarrassed Washington.

Assange, 41, took sanctuary in Ecuador's embassy in June, jumping bail after exhausting appeals in British courts against extradition to Sweden, where he is wanted for questioning over allegations of rape and sexual assault against two women.

He says he fears the authorities in Sweden will eventually hand him over to the United States where, in his view, he would face persecution and long-term imprisonment. The United States says it is not involved in the matter.

Witch hunt?

To let Assange avoid arrest by stepping outside the embassy, a balcony door on an upper floor was removed, leading to his first public appearance since seeking refuge in the diplomatic mission.

Despite having to stomach the defiance of Assange scolding the world's superpower from a balcony in its capital, Britain's Foreign Office refused to comment.

Speaking behind the condor of the Ecuadorean coat of arms on the white railing of the balcony, Assange thanked Correa and Ecuador's Foreign Minister Ricardo Patino, whom he praised for standing up against oppression.

"The sun came up on a different world and a courageous Latin American nation took a stand for justice," Assange, whose cropped hair indicated a recent cut, said from the balcony.

Assange's attempt to escape extradition has caused a diplomatic tussle between Britain and Ecuador, which accused London of threatening to raid its embassy and casting the dispute as an arrogant European power treating a small country like a colony.

Foreign ministers from the Union of South American Nations (UNASUR) bloc met in Ecuador's coastal city of Guayaquil and backed Correa's government, saying diplomatic missions must be protected and condemning Britain's "threat to use force."

Speaking in Guayaquil — which also hosted a meeting on Saturday of ministers from the ALBA group of leftist-led Latin American nations, which includes Venezuela and Cuba — Ecuador's Patino said the government was considering asking the International Court of Justice in The Hague to adjudicate.

Patino said Ecuador had a duty to protect Assange, but he indicated that there was still room for discussion.

"If talks with Britain, Sweden, or the United States could lead to a clear written statement guaranteeing Mr Assange's life and safety, it would be possible for him to go to Sweden to face trial," Patino told reporters after the UNASUR meeting.

Fighting spirit'

Speaking in London, Assange praised a dozen Latin American nations which he said had rallied against Britain, and he said the United States was at a turning point that could drag the rest of the world into an oppressive new era.

He said US Army intelligence analyst Bradley Manning, accused of the largest leak of classified documents in US history to WikiLeaks, was a hero who should be released by the United States. Manning faces life in prison if convicted.

"If Bradley Manning did as he is accused, he is a hero and an example to all of us and one of the world's foremost political prisoners," said Assange. "Manning must be released."

More than 50 of Assange's supporters, many of whom have slept on cardboard sheets outside the embassy since Wednesday, decorated barriers with messages of support and placards reading "asylum – end the witch-hunt."

"They are not treating him fairly," said Chantal, 28, a French pro-WikiLeaks blogger who had traveled overnight with a friend from near Paris in the hope of seeing Assange speak.

"Britain has shown it doesn't respect human rights – political asylum is a right which should be respected by all countries," she said. She refused to give her surname.

There was also a large crowd of curious passersby and bemused shoppers with bags from the upmarket Harrods store nearby watching the proceedings from across the street.

"Julian Assange is in fighting spirit," Baltasar Garzon, a Spanish jurist and prominent human rights investigator who heads Assange's legal team, said outside the embassy.

"He is thankful to the people of Ecuador and to President Correa for granting him asylum," Garzon said.

 

Kredit: www.malaysia-today.net

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