When it is Broken, Don’t Fix it, Just CHANGE it to a New one…..

Former IGP shares my views, Zam tells Indonesians

Malaysiakini.com   December 21, 2012

Defiant former information minister Zainuddin Maidin has told Indonesians "angry with (his) writing" on the republic's leaders that even Malaysia's former inspector-general of police Abdul Rahim Noor agrees with him.

Rahim had, in an interview with Mingguan Malaysia on Dec 16, revealed that Indonesia's leaders are mentors to PKR de facto leader Anwar Ibrahim, Zainuddin said in a posting on his blog yesterday.

Referring to Indonesia's third president BJ Habibie, fourth president Abdurrahman Wahid (Gus Dur) and Amien Rais, who played a prominent role in ousting Suharto, Rahim said Anwar learnt about "reformasi and democracy" from Indonesia.

"It's not wrong for Anwar to befriend them, it's his right, but it's wrong when he makes up conspiracies to betray his own country," Zainuddin (left), a former editor-in-chief of Utusan Malaysia said.

Zainuddin added that this was why Rahim, when commenting on his (Zainuddin's) article calling Indonesia's former president BJ Habibie a "dog of imperalism", advised Malaysians to "defend the Malaysian way of life".

"We Malaysians have always been alert to the dangers (of globalisation) since accepting democracy from the British, and we will continue to be on alert against elements of globalisation, especially Anwar.

"The evidence is too many. Read Rahim's interview with a cool head," says Zainuddin, whose writing has prompted an official complaint from Indonesian President Susilo Bambang Yudhoyono.

'Invisible hands'

In the interview, Rahim said Anwar's close relationship with the Indonesian leaders was a cause of concern as it could mean the spread of Indonesia's liberalism and secularism to Malaysia.

"I am worried that the opposition is not only learning from the Indonesian experience of political struggle, but trying to bring the reformasi-style struggle to our country.

"From a wider perspective, there are invisible hands playing their role in the background to ensure that Muslim leaders are liberal, open and suitable to their global strategy," Rahim (right) says in the Mingguan Malaysia report.

Among others, he said, Habibie in his speech in Malaysia was reported to have given the impression that Indonesia was more "advanced" when it came to issues surrounding sexuality and gender.

"It is as if Habibie is proud of Indonesia's lifestyle (on lesbian-gay-bisexual-transgender issues) and felt it was odd for Malaysians to have such a reaction on such moral issues," he said.

Commending Zainuddin for a "brave" article, the former top cop said Indonesia's leaders had "sketchy" backgrounds and associations, and alluded that they may have been "chosen" by the global superpowers.

Amien chosen by the US?
"It is expected for a superpower like the US to take proactive measures, like choosing individuals to be pushed up, as leaders in the Muslim world.

"Amien was considered a moderate and liberal Muslim in Indonesia, and a member of the NGO Jaringan Islam Liberal (JIL) with... Gus Dur," he said.

He claimed that liberalism flourished under the rule of Gus Dur (left), which saw the growth of Komunitas Utan Kayu "which is active in defending freedom of speech and the LGBT agenda".

He also said that "there is information that Gus Dur had admitted" to connecting Anwar with former World Bank president Paul Wolfowitz.

"Apparently, the meeting was to make Anwar the middleman in their efforts to stop Muslim youths from making Islam as their life guide and from pursuing the goal of an Islamic state.

"In short, their goal was to turn the younger generation of Muslims into liberal thinkers," Rahim said, adding that Wolfowitz is part of a "neo conservative Jewish lobby group".

................................................................................

 

When it is Broken, Don’t Fix it, Just CHANGE it to a New one…..

Defiant former information minister Zainuddin Maidin and Malaysia's former inspector-general of police Abdul Rahim Noor don’t have a clue how was Indonesians way of thinking. They never been in Indonesia when Suharto was the President , they never been in Indonesia when Suharto fall, they don’t know what happen when Indonesians Majlis Perwakilan Rakyat (MPR) voted to release Timor Timor, they was not there when B.J.Habibie, Gus Dur, Megawati and Bambang was the President. What the fuck they know. I was there since 1993 to 2001 and always visit my family and friends there after that.

Indonesia has become the biggest economy among south east Asia country, even though they have tsunami, earthquake and lots of natural disaster and huge politic crises. But they still become the strongest economy. They have more FDI than Malaysia.

All this because of, they change the government from Suharto. They change it with REFORMASI. Also because they are liberal and secular country. Even though they are liberal that doesn’t mean they don’t go to mosque or church or they stop praying. They are more pious than most Malaysians Muslims. Just look at our mosque when Friday prayers come. It’s half empty all the time since long time ago. Don’t tell me the population doesn’t grow. Come la, don’t they produce babies anymore?

I know who is Gus Dur, BJ Habibie, Amien Rais, Megawati, Bambang and more other, that I can’t mention their name here. They are champion of democracy and human value. They love their country and people. They hate corruption. After Suharto fell the authority of Indonesia put lots of corrupted official and businessman into prison. Even Bambang (the President now) put his father in law in jail for corruption.

Maybe this is why Zainuddin Maidin and Abdul Rahim and most of the former ministers and official are scared. They scared they will end up in prison. They said we must defend the Malaysian way of life. Arent we are bangsa serumpun. Doesn’t most of Malaysian come from Indonesia? Where did Parameswara the first Sultan of Melaka come from????
And what is Malaysia way of life??? Is it corruption is our way of life???? Fuck no man…. NOOO….

BJ Habibie said Indonesia are more “advanced “ when it came to issues surrounding sexuality and gender not because he supports LGBT, he said that because Indonesians respect human value and human rights. BJ Habibie is a pious Muslim and one of the most brilliant guys in the world. He is one of the best Aviation Engineer in the World. He is not stupid when he said that and he is not certainly a dog of imperialism. He hates imperialism and so all the Indonesians. Remember one thing, Indonesia get they independent from the Dutch with blood and lifes. I know how Indonesians way of thinking because I stay there for 8 years. I have a wife and family there.

Gus Dur is the leader of Nahdlatul Ulama(NU), NU is a Islam Movement. Amien Rais is a leader of Muhammadiyah the biggest muslim movement in Indonesia. Both have early education in Islam, they even studied in sekolah pondok and pesantrian. Well do you think they support LGBT???? Zainuddin Maidin know about this. But still he accused them wrogly. He should apologize. Zainuddin Maidin also know both of them hate corruption. Because of Gus Dur and Amien Rais, lots of ex Ministers in Indonesia which are corrupt and misuse their position have ended up in prison. This is what Zainuddin Maidin is scared of. Don’t be scared, if u don’t do anything wrong. And always remember, what goes around will come back to you. Allah is Great and Fair.

And whats wrong if Anwar have friend with with former World Bank president Paul Wolfowitz???? Whats wrong if he have financial support from World Bank. Everybody needs financial support. Nobody can survive in this world without money. And politics need lots of money. Even Mahathir asked support from World Bank and IMF when he was just coming up in politics. But he didn't get it, he get it from Ananda Krishnan. Everybody knows that. I think its nothing wrong to get financial support from anyone for your politics.

Again Zainuddin Maidin said Malaysian youth are stupid. Especially Muslim youth. Muslim youth must be like idiots and follow what government says. They should not have freedom of thinking, and they should not ask any question. Just follow. They want the youth to be dummy. This is wrong. Youth in Malaysia have already and always following the way of Islam. Islam always will be their guide in life. That’s why we need to change. Changing to something good is the way of Islam. Put corrupted ministers, officials, businessman and people into prison is the way of Islam. This is the youth want and nobody can change that.
 

Please don’t insult a great leader like BJ habibie, Gus dur, Amien Rais or other refomasi leaders from Indonesia. Because of them, Indonesia economy is getting better day by day and one day will become like China and Japan. All these because of them who started first. They change the broken one to a new one, because they know old one can’t be fix anymore.

 That what I mean by, When it is Broken, Don’t Fix it, Just CHANGE it to a New one …….

One thing for sure is, life goes on……

He is a ‘PRO’ in Gay Marriage…..

Look who is talking. An UMNO Deputy Minister and MP. If you want to know anything about Gay and Gay marriage , he is the one you must talk to. He understand everything about gay. And he is specialist in gay marriage. How he is the specialist? I don’t know where he learn. But he gave a statement about gay marriage yesterday. He is our own Deputy Education Minister Puad Zarkashi. You should read this article from malaysiakini.com.  Look at the photo of him……. You judge yourself la !!!!!!! ha ha ha ha         

 I rest my case my Lord……

Whatever it is ……. Life goes on ……..

 

Puad: Pakatan cooperation is like a 'gay marriage'

Aidila Razak    1:30PM Nov 21, 2012    malaysiakini.com

Deputy Education Minister Puad Zarkashi today likened the cooperation between Pakatan Rakyat parties to a “gay marriage” as no clear roles are defined.

Speaking to reporters at the Parliament lobby, he said that this is because there appears to be no consensus on important matters.

Puad (right) said this was evident during the recent PAS muktamar when grassroots members proposed that its president Abdul Hadi Awang be appointed prime minister instead of PKR de facto leader Anwar Ibrahim if Pakatan takes over Putrajaya.

“It’s unclear who is the leader. Even in their parties, in PAS there is the spiritual leader and then there is the president. In PKR there is the president and the de facto leader and then there is DAP, where there is the chairperson and the secretary-general.

“It’s like a gay marriage where one doesn’t know who is the father and who is the mother,” he said.

In response, opposition leader and PKR de-facto leader Anwar Ibrahim was dismissive of Puad's description of Pakatan.

"It is his political way. It shows the level of politics being practised by Puad in saying so," he said.

Opposition bashing expected at Umno AGM

Meanwhile, on a separate matter, Puad said that the upcoming Umno general assembly (AGM) is likely to focus on the impending general election, and to give endorsement to the prime minister to lead the party through this.

He added that the AGM is also likely see delegates go “on the offensive” against Pakatan Rakyat, particularly on the administration of Selangor, Kedah, Kelantan and Penang.

He also advised all delegates who will speak during the debates to not use the platform to showcase themselves as “winnable candidates” rather, to present “critical” ideas to improve the party.

Rowan Atkinson's speech at Reform Section 5 Parliamentary reception

Hishammuddin: No safety guarantee for PKR ; This means our country can’t protect us, no wonder crime rate keep going up. So why we must pay so much tax, what say our Prime Minister?????

Hishammuddin: No safety guarantee for PKR

Malaysiakini.com   by Koh Jun Lin  5:49PM  Sep 14, 2012

 

There will be no guarantee of security for PKR’s nationwide Merdeka Rakyat tour, says Home Minister Hishammuddin Hussein.

"No need for guarantees. It is decided by the people of Johor themselves.

"I think PKR knows this and can judge for itself from what is happening there," he told Malaysiakini when asked about this on the sidelines of the Home Ministry’s open house in Putrajaya today.

PKR's campaign tour bus was splashed with red paint while on its Johor leg today, the third such incident in the two weeks since it started the tour on Aug 31.

Asked whether he thought so because PKR went into Johor mindful of the risks of being in a state widely considered to be an Umno fortress, Hishammuddin replied that politics was all about taking risks.

"If even the calculated risks are a no-go, that means it is not their place to be there. The people of Johor will decide," said the home minister, who himself is from Johor.

At a press conference earlier, Hishammuddin was also asked to comment on criticism that he had not issued strong statements against political violence.

He replied that he had been consistently making strong statements rejecting the politics of hate, but more important than that was the action taken.

"This is better than empty rhetoric. So what can we see here (at the open house) we are flying the flag, (it) shows that we want peace, and we mobilised the Home Ministry Youth Club... all that are towards ensuring peace while rejecting the practice of politics of hate," he said.

Hishammuddin was also asked to comment on International Trade and Industry Minister Mustapa Mohamed’s statement that foreign investors are concerned about crime, particularly cargo theft and personal security.

He agreed that the issue needs to be addressed, but stressed that the areas that Miti is concerned about are where there is intense development to draw foreign investors, and not Malaysia as a whole.

He cited Pengerang and Iskandar Malaysia in southern Johor as an example, which are being developed under the Economic Transformation Program (ETP).

Expansion of the NKRA
He said he had spoken to the Johor police contingent on the matter, and hopes that the National Key Results Area (NKRA) would be expanded to address the issue.

“God willing, after the soon-to-be-tabled budget, the second phase of the NKRA would be expanded to give attention to the aforementioned considerations (security of investments especially foreign investments) in context of the ETP,” he said.

When asked about the 30 Internal Security Act detainees who are still in detention almost exactly a year after Prime Minister Najib Abdul Razak announced its abolition in his eve of Malaysia Day address, Hishammuddin said they were detained before the abolition, so it does not apply to them.

However, he said several detainees have been released prior to the Hari Raya celebrations as they are no longer deemed to be a security threat.

“For me, it (the release of the detainees) depends on the current situation and the threat they pose to national security interests,” he said.

This, he said, would depend on feedback and intelligence from the police and prison authorities.

He added that the government is also in talks with the governments of foreign nationals who are detained under the now-abolished law to work out a deal, so that “the responsibility of ensuring regional stability is shared together.”

 

 

 

But I didn't see COPS handcuff VIP'S

Yes you are right Tuan, but i didn't see your men handcuff any VIP's. Or maybe my eyesight not good la. Or there is different procedure for VIP's la. I don't know la Tuan. But you did a very good job on this case. I salute u Tuan. Thank you Tuan. I honestly believe you and your men doing a very good job, but it can still be improved.

Please read this article from Malaysiakini.com .....

Cops: Handcuffed girl got it 'very mild'

Malaysiakini  -  Abdul Rahim Sabri - 2:26PM Sep 6, 2012

The Kuala Lumpur police chief Mohmad Salleh has defended his men for handcuffing a 19-year-old girl who surrendered herself yesterday.

Speaking to reporters today, Mohmad said the the matter was considered "light" and that proper procedures were followed.

"Handcuffing someone is an arrest procedure... I think (in her case) it was very mild. If we follow (the procedures strictly), she would be cuffed behind her back.

"So during an arrest, the handcuffs are not an issue. In any arrest, the suspect must be handcuffed.

"This is prescribed by law. It is not wrong for us to use handcuffs when apprehending a (suspect)," he said.

He was responding to questions from reporters at a function in Kuala Lumpur. Mohmad was shown a news clipping depicting the girl in handcuffs.

The girl is accused of violating the Sedition Act 1948 at Dataran Merdeka on Merdeka Day eve by stepping on Prime Minister Najib Abdul Razak's photograph.

Quizzed of the use of the law, which is soon to be abolished and replaced with the Harmony Act, Mohmad said the law has yet to be repealed.

"This means that the Act is still in force. Thus we have the right (to use it)," he said.

Mahmod said his men are still pursuing eight out of 11 people wanted over several incidents in connection with the incident.

He added that 238 police reports were lodged over the incident.

 

 

 

 

See the picture below, can u see the different ;-

 

Teenager handcuff

VIP not handcuff

 

 

A Double Standard of Treatment in Our Beloved Country

Please read this article from  Malaysiakini  - written by Zulaikha Zulkifli at 3:37PM on  Sep 5, 2012

Lawyer: Don't be selective in probe on butt flasher

A criminal lawyer has called on the police not to be selective in investigating cases involving indecent acts being allegedly done to pictures of political leaders.

Referring to the arrest of a student for flashing his bare butt at pictures of Prime Minister Najib Abdul Razak and his spouse during the Merdeka Eve celebrations last week, Baljit Singh Sidhu asked why other similar acts went unpunished.

"Why no action?" Baljit (right) asked, referring to the picture of Penang Chief Minister Lim Guan Eng stepped on by demonstrators and when a group of army veterans exercised their buttocks in front of Bersih co-chairperson S Ambiga's house.

He said that while he saw no "impartiality" in the action of the police, he felt that if the case went to court, lawyers would question the apparent "preferential treatment" for the Najib case.

It was clear to him that police did not take action in the case of Lim and Ambiga.

"I hope there is no selective investigation in this matter," Baljit told Malaysiakini today.

However, he said, the butt-flashing student could be charged with indecent behaviour, under the Penal Code.

Flag incident: Sedition Act can be used

Commenting on another incident at the Merdeka Eve celebrations involving individuals waving the Sang Saka Malaya flag, Baljit said he believed they could be charged under provisions of the Sedition Act.

Police have also asked for those involved in the flag incident and 10 other individuals who stepped on the pictures of Najib and his wife Rosmah Mansor after the student bared his buttocks to come forward.

Three police task force units have been formed to investigate the incidents under the Sedition Act, Peaceful Assembly Act and Sections 290, 504 and 509 of the Penal Code.

Baljit's call for an impartial and non-selective investigation echoes that from opposition leaders who have lamented that similar incidents involving their leaders were allowed to pass without any action taken.

LOOK  at this Treatment .... We must ask WHY? WHY? WHY? Please be FAIR. Look at the pictures below and compare ....

Is it necessary to handcuff the teen girl?

 

 

No Handcuff. WHY?

Mohammad Salleh Ismail, centre, husband of Malaysia's Women and Family Minister Shahrizat Abdul Aziz

 

I respect, I care and I love our Police very much but can PDRM tell me why this double standard? I'm confused? Please make clear?

 

Whatever it is .........  live goes on ......

Niamah!!!: Interesting read....

Niamah!!!: Interesting read....: Subject: Interesting Facts about Religions Christianity: One Christ, One Bible, One Religion BUT the Latin Catholic will not enter Syri...

About Hudud at Aliran.com Question & Answers

Q & A on the Hudud and Qisas Enactment

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.

11. What effect will Hudud have on race relations?

The bleak scenario is that Muslim and non-Muslims will be forcibly divided not just in the cultural and social sense but in a legalistic sense too. A parallel legal system established exclusively for Muslims will lead to the enhancement of structural discrimination, where race and religion (and gender) can be legally invoked to justify unequal treatments and other unfair provisions in society. Eventually it will also lead to a geographical divide between Muslims and non-Muslims where one can expect an exodus of non-Muslims to more “non-Muslim” states or even emigration abroad.

12. What effect will Hudud have on gender relations?

Like race relations Hudud will also setback the struggle for gender equality in society. Many provisions in the Hudud discriminate against women. Women are not accepted as witnesses and women are also most likely to be prosecuted for slander if they are not able to prove rape. In cases of adultery, women on account of them being pregnant will immediately be charged for the offence while it will be impossible to charge the male partner because of the requirement of four male Muslim witnesses.

Evidence for rape is ocular evidence of four adult male witnesses or confession of the accused. The victim’s own statement has no testimonial value. Even if medical examination is taken and a sexual act has been proved to have taken place, the accused can still be acquitted. The woman is then convicted of zina. The onus is upon the victim to prove that she was not a consenting party to her rape. Even minors can be convicted of zina, unlike what is provided in the existing penal code, where consent of a minor is immaterial and statutory rape is applicable. In Pakistan, even twelve-year old victims of rape have received punishment for zina. In Pakistan today, there are hundreds of women in jail on charges of Hudud offences. This number is rapidly increasing and there is even a new jail in Larkana especially built for women.

13. Is Hudud law presently being implemented in this country?

Although the Kelantan State Assembly has passed the Syariah Criminal Enactment in 1993 it has yet to be implemented. So far nobody has been charged for the Hudud or Qisas offence.

14. Is the law constitutionally legal?

Criminal law is in federal hands. But the power to create and punish offences against the precepts of Islam has been assigned to the states by Schedule 9, List 2, Item 1. However, this power is still subjected to several restrictions. Syariah courts only have jurisdictions over persons professing the religion of Islam. Syariah courts also do not have jurisdiction in respect of offences “except in so far as conferred by federal law”, and also state authorities can only legislate for Islamic offences “except in regard to matters included in the Federal List”. As one legal expert Dr Shad Faruqi opines, this has made the Constitution “..hopelessly ambiguous”. He states that, “In Schedule 9, List 1, Item 4 it assigns the entire field of criminal law and procedure to the federal Parliament without specifying the areas permitted to the states.” As it stands now it appears that the states can enact laws for residual matters as khalwat, zina, drinking, not fasting or missing Friday prayers. But in the last two decades the state legislatures have also interpreted their powers expansively by enacting laws against homosexuality and apostasy. Law on apostasy is nevertheless a violation of the constitutional guarantee of freedom of religion in Article 11. Because of the ambiguous nature of the Constitution and irregular precedence set before, there is no clear legal opinion as to whether the Kelantan and Terengganu Enactments are outright unconstitutional. Until and unless the Hudud is enforced and challenged on constitutional grounds there will be no basis to conclude on the validity or invalidity of the law.

15. What is the part in Hudud which violates the principles of the Malaysian Constitution?

Article 11 is interpreted to mean freedom of religion and therefore is supposed to be a guarantee against prosecution on the basis of choice of religion. Article 8 provides that every citizen is equal before the law, hence the discriminatory nature of the Hudud against non-Muslims and women can be interpreted as being unconstitutional. Hudud also regulates and controls private and consensual activities unlike secular law which generally does not legislate on “private matters”, especially on activities that are not injurious and “victimizing”. Hudud also specifies punishments that cannot be substituted or lessened at the discretion of the judge. There is no such finality in secular law as law reforms are an ongoing concern, and adjustments are made in accordance with changing place, time and current sensitivities.

16. Is there a difference between a ‘PAS’ Hudud and an ‘UMNO’ Hudud?

It will be hard to imagine the difference between a “PAS” Hudud and an alleged “UMNO” Hudud. Perhaps in the UMNO case, the standards and requirement of evidence will be modified so as not to appear too gender-biased and discriminatory against non-Muslims. Perhaps certain offences such as drinking and the renouncement of Islam (apostasy) will not be subjected to harsh punishments, but with more emphasis on “forced rehabilitation”. Until UMNO is prepared to present its own version of the Hudud, we cannot be sure that it will be “more just”. Whatever it is, Hudud in whatever form is already a manifestation of an imminent parallel legal system aiming to separate the rights of Muslims from non-Muslims. In the worst-case scenario all citizens will be subjected to the sovereignty of one (most likely, Islamic) law. Ironically, in the best-case scenario this may lead to the creation of a non-Muslim nation alongside a Muslim one. We may be heading for a constitutional crisis if this delicate issue is not handled decisively.

 

17. What is to be done?  It will be difficult to repeal any law once passed. The strategy of stalling the implementation of Hudud (in the Kelantan case) is only temporary. If PAS manages to win the overwhelming support of the Malay electorate there will be less of a reason to postpone the implementation of the law. On a long-term basis the struggle to repeal Hudud law must involve the struggle to repeal all draconian and unjust laws, whether passed under religious or secular guises. All laws that violate the principles of human rights and equality must be abolished. The movement to institute human rights is not necessarily western-oriented. It is as much a cultural need to want human dignity to be protected as it is a universal obligation to appreciate the rights of a community to cultural and religious practice. However, ultimately we must recognize that the greatest rights worth defending are rights that are invoked purely on the basis of us being humans. Which means equal treatment, equal access to opportunities and equal dignity for all, regardless of religion, race, class, nationality and gender. The only viable movement in this direction would be to restore our democratic institutions and push for a genuine regime of human rights.

 

References:

• Rose Ismail (ed), (1995) Hudud in Malaysia: The Issues at Stake, Kuala Lumpur: SIS Forum (Malaysia) Berhad.
• Shad Faruqi, “Thoughts For the Future”, Sunday Star, July 14, 2002.
• Sabiha Sumar and Khalid Nadvi (1988), “Zina: The Hudood Ordinance and its Implications for Women”, Women Living Under Muslim Laws Dossier 3, June/July.
• Asma Jahangir (1988) “How Far Are Penal Laws Effective In Protecting Women?”, Women Living Under Muslim Laws Dossier 3, June/July.
• Women’s Crisis Centre (2002), Overview of the Terengganu State Syariah Criminal (Hudud and Qisas) Bill 2002, WCC: Penang.