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.

 

NO to HUDUD

 

 

 

Lu Pikirlah Sendiri!!!!!!

Change... It's not Hard 2 do .....

Its been long time I have not write anything here, its not because I don’t want to write, its just because the people who support certain politic party is getting much racist and ‘munafiq’. Just really hurt when someone say bad thing about other race. And my race is supreme than your race. Those entire allegations will make our country going backward.

Another things is going bad are about religion. We have less than 70% of the population is Muslims. If you compare our neighbor Indonesia, has more than 90% of the population are Muslims. Indonesia is not like Malaysia in many ways. Indonesians don’t insult each other religion or anybody claim theirs is more supremacy.

In fact they lived more harmony than us. I know because I stay 8 years there. I embraced Islam there. Islam there is more beautiful over there in many ways. If I was in Malaysia all the while, I’m sure I won’t become a Muslim. Maybe I will be scared and confuse like most of my non Muslim friends.

Lot of you will say, if you like Indonesia so much, why not go and stay there. Well if I think of doing that, it’s the same as running away from problems rather than solving it. People in Malaysia need to change their mindset. If this race and religion still a problem here, I’m pretty sure no investor will come here and the remaining foreign investor here will go away to.

We can solve this by doing an Act or rule that prevent people talking such things like the Act in Britain. We should also abolish the entire old act, such as sedition act. We must educate our children about racial harmony starting from the kindergarten days.

Now the fact is Indonesia have a better economic and FDI then Malaysia. Indonesia will become economic power in 10 – 15 years time even though they have lots of natural disasters. All this because they are more harmony and peaceful country. Just think if you are investor where you will go if you have to choose between Indonesia and Malaysia. Come on la, even Air Asia already move there. A Malaysian giant company. What a fucking shame to our government, it’s like slap in the face.

Change is what we need. The people thinking have to change. And the most important of all we need to change the government. Change man, please change. Tolong ubah!!!!
Well I’m not a supporter of Pakatan Rakyat (PR) but what choice I have rather than I give my vote to them.  If Barisan Nasional (BN) changes, of course I will vote them. But seem like they only saying to change, but still not doing it. They don’t have strong leaders. Just see our Merdeka Day slogan, song and logo. All are not good. You know what I mean.

Just pray for the best. And pray for the change. But whatever it is ….. Life goes on …..

There goes our FREEDOM of choice and Intellectual

Controversial book seized by Islamic authorities

Enforcement officers from the Federal Territory Islamic Religious Department (Jawi) last night confiscated seven copies of the book, ‘Allah Liberty & Love - Courage To Reconcile Faith & Freedom’ by controversial author, Irshad Manji, as the content is deemed to be contrary to Islamic teachings.

Chief senior assistant director of Jawi's enforcement division, Wan Jaafar Wan Ahmad said the raid, involving eight officers, was conducted at 8.45pm on a bookshop in a well-known shopping complex in Bangsar.

"We received information that 500 copies of the translated edition of the book have been printed and available in the market nationwide, and we are still tracking them," he told reporters.

The Uganda-born Irshad, who has Canadian citizenship, has also created controversy by supporting the lesbian, gay, bisexual and transexual movement.

Wan Jaafar said following the seizure, the case would be investigated under the Federal Territory Syariah Offences Act for publishing copies of a book that ran contrary to Islamic teachings and violating the sanctity of Islam.

Irshad was in Malaysia last week to launch the book.

- Bernama

Federal Territory Islamic Religious Department (Jawi) also should ban Elton John songs, George Michael, Adam Lambert, Tracy Chapman and many more ... Jawi also should ban internet too because they a lot of this LGBT stuff like book, article, movie and pictures are publicly can be viewed.

Ok ok ok ..... just go back to stone age .... ha ha ha .....
What happen to "kalo nak berilmu atau belajar, belajarlah sampai ke negeri China" ....  I think i will go to China to buy this book and read there .....

Life goes on ..... ha ha ha .....

Manji scorches fatwa council's anti-Bersih edict

From Malaysiakini - please read, she thinks as i think, she thinks future not past.

Hazlan Zakaria 8:13AM May 19, 2012 from  Malaysiakini.com

Controversial Uganda-born Canadian author Irshad Manji hit out at certain muftis and clerics, including those in Malaysia's National Fatwa Council, which she said are trying to impose their own mores and dogma upon the populace.

"Muftis, imams and clerics of various stripes love to tell us what we are to believe; in the course of telling us this, they also want us to adopt a particular identity.

"What they will never tell us is that they expect us to adopt their identity," said the 44-year-old New York University (NYU) professor in an exclusive interview with Malaysiakini in Kuala Lumpur yesterday.

She was responding to a question on the recent National Fatwa Council edict forbidding Muslims from taking part in certain demonstrations, particularly targeting the Bersih 3.0 pro-electoral reform rally.

Manji argued that "good believers" cannot be expected to uncritically submit to the religious scholars without question as the scholars themselves too are humans and neither perfect nor divine as Allah is.

"Here's some breaking news for these muftis. You're not God. There is only one God and that job is not vacant.

"Put all your fatwas out as you wish, but your fatwas do not hold divine authority, and neither do you," said the successful author and film-maker.

Manji believes that The Quran - which she posits is the only divine document and sole guiding light of the faith - instead encourages Muslims not only to question but to seek out the truth on their own and think for themselves.

Such, she claimed, was the tradition prevalent in the heyday of Islamic civilisation until the slide into our current situation where mullahs and ulamas claim to know everything and dictate all to a public which is expected to obey without question.

'They don't have humility'

"I think that if more and more Muslims understand that there is a difference between the ulama and Allah - just as I realised at the age of 14 that there is a difference between the madrasah and Allah - we would be more willing to give ourselves the permission to do exactly what the Quran asks of us, which is to think for ourselves in order to deepen our faith and realise the humility that these fatwa-flinging mullah clearly don't have," argued the feisty Islamic reformist.

Earlier this month, the National Fatwa Council declared that it is haram (not permissible) for Muslims to participate in any gathering or demonstration that is unproductive and is against the law or causes disturbances in the country.

Its chairperson Abdul Shukor Husin said the council viewed seriously this issue as some Muslims had previously resorted to rioting during street demonstrations.

The council's decision, however, was met with stringent criticism from PAS spiritual leader Nik Abdul Aziz Nik Mat, who lambasted that the body for not looking at the issue clearly, while others quoted influential Egyptian Islamic theologian Yusuf al Qaradawi, who maintains that rallies or actions to fight against tyranny is encouraged in Islam.

Manji is in Malaysia to launch the Malay translation of her latest book ‘Allah, Liberty & Love'. However, her events and several speaking engagements had to be cancelled because of "security concerns", protest notes and alleged "pressure" from the authorities.

PAS - which ironically agree with Manji's criticism of the fatwa council on Bersih 3.0 - and several conservative Muslim NGOs have spoken out against her presence in Malaysia, claiming that her very liberal stance on Islam is dangerous to the faith of local Muslims.

Her first book, the international bestseller ‘The Trouble with Islam Today: A Muslim's Call for Reform in Her Faith' has been banned in Malaysia.
As evident in her books and an Emmy-nominated PBS film, ‘Faith Without Fear', her work mostly challenges accepted notions in Islam, in the belief that education and the freedom to think is paramount and not the indoctrination, which she believes is commonly practised in most religious teachings.

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On the subject of medical insurance, to be fair, most people realize that having medical insurance is important because medical treatment can be costly if one were to seek treatment at private hospitals. In Malaysia, we are still very fortunate because we can still relatively easily seek treatment at government or public hospitals which are heavily subsidized – unlike people in developed countries such as in the U.S., U.K., Europe, Australia, Japan, etc.  In developed countries (which we as a country aim to attain by year 2020), whilst public funded medical facilities are available, they are not so prevalent and thus are less easily accessible for those living in areas where there are none.  Most people in these countries will therefore have to rely on getting treatment at private medical facilities, but because of the high costs involved most will have no access to treatment unless they are covered by some form of medical insurance. 

Luckily for us in Malaysia, we are still able to have access to treatment at very low cost at government medical facilities.  The downside however is having to contend with the huge crowds seeking treatment at Government hospitals and the consequently long waiting time.  This is unavoidable simply because government facilities are affordable, and therefore most people, rich and poor alike, will want to seek treatment there – the rich if they didn’t mind the wait, the poor because they had no choice.

To give an example of this at our government hospitals, a few years back, there was a case of a 76 year old man who had a fall and fractured his pelvis and thigh bone (femur). Being a government pensioner, he enjoyed (almost) free medical treatment at government hospitals.  (Note that even for non-civil servants the costs of medical treatment are just nominal and still very affordable to most.)  Naturally, the man was admitted into a government hospital, a well known one with excellent facilities.  The doctor who examined him ordered surgery to repair the fractures.  In the meantime traction was administered for his fractured leg in order to prevent further injury.  An appointment for surgery was set for about two weeks or so depending on availability.  This was unavoidable simply because with the limited facilitiesavailable doctors had to ensure that those with more critical or life threatening injuries were given preference for surgery.  Now having to lie on a hospital bed (thankfully this hospital was air-conditioned) with one leg immobilized by traction and with as little movement as possible permitted for two whole weeks can be awfully agonizing!  Needless to say, if one can’t afford to seek treatment and surgery elsewhere, there will be no choice but to continue in that state and wait the two weeks or so out.

Fortunately for the man, his family could afford the additional costs of about RM20,000 to seek treatment at a private medical facility, and off he was transferred to one close by.  Surgery was carried out the day after and just about a week later, he was discharged from the private hospital.  

This is but an example of a relatively minor problem which involved about RM20,000 in treatment costs.  What if it were something more serious and the costs had been higher?  Say, RM50,000 or RM100,000 or even RM200,000?  With the double-digit rate of inflation in costs of medical treatment, it would not be surprising at all if a procedure which today costs RM50,000 may very well cost RM209,000 in 15 years’ time (just using an inflation rate of 10% - statistics for Malaysia from the World Health Organization website show the rate to be higher).  See the table on current costs of certain medical procedures – note however, these costs do not take into consideration costs of hospitalization, ICU, etc. yet.

If it costs RM200,000 for a treatment that we need, do we have the financial resources to pay for it?  If not, what are our alternatives?

Fortunately, for those who are in employment generally would enjoy some form of coverage from their employers.  However prudence dictates that we ought to find out what and how much are we covered for exactly.  In fact, not too long ago, a very senior executive of a very large public listed conglomerate discovered to his own dismay that his medical coverage entitlement had a limit of just RM30,000 per annum – after he had undergone a heart bypass operation which had cost RM65,000.  The poor chap had to pay the balance (of RM35,000) from his own pockets – what a way to learn.  

To add salt to the wound, the man was retiring the following year.  Double jeopardy for him in that he now had RM35,000 less in retirement funds as he had used part of his retirement funds for the surgery, and secondly, the prospect of him qualifying for medical insurance upon his retirement has now become pretty slim.  Even if he did qualify, the premiums would have been substantially higher because of his age and health condition, and besides that it would have been very likely that his coverage would have a permanent exclusion on treatment for heart related diseases which is now a pre-existing condition.

Suffice it to say therefore that people who are currently covered under their employer’s Group Hospitalisation and Surgical Policy will still need to consider the following:

• As mentioned above, we’d need to find out what and how much are we covered for – to make sure the coverage is adequate, and whether it is in our employment contract that the employer will pay for any medical expense above the insured amounts. 
• Getting a medical insurance policy after retirement may perhaps be one of the worst approaches simply because we might not qualify for medical insurance when we retire – there have been lots of such cases.  Secondly, even if we are of excellent health, the premiums will be very high, and surely, we will not want to incur such high expenses when we are retired.
• If I were to get a separate medical policy of my own, wouldn’t it be a waste of my money because surely I can’t claim from my employer’s as well as from my own medical policies.  While that is correct, today there are medical insurance policies which are designed to have high deductibles (that is, the first amount of the expense that we will pay for ourselves) and therefore have much lower premiums.  The large deductible will mean that the first layer of expense can be covered by our employer’s policy leaving only the amounts exceeding the limit to be claimed under our own policy.  Further, some of such medical policies even allow for the deductibles to be removed when we retire – i.e. the insurer guarantees that we will continue to be insured when we retire.
• Determining how much is adequate for a medical insurance policy can be pretty tricky.  A sum of RM100,000 might be adequate today for many types of medical treatments, but would the same be adequate in the years to come?  There are medical insurance plans today that have a benefit called “annual limit waiver” which effectively allows one to have access to the high lifetime limits, usually 10x the annual limits.  For instance, if one had a medical insurance plan that had an annual limit of RM50,000, the lifetime limit would be RM500,000. In this case, therefore, if the person had a medical treatment that costs., say RM250,000, he would still be able to claim for these expenses as they would still be below the lifetime limit.  Very useful benefit to have, but usually the premium for this benefit can be very high especially for those in the older age category.

Now, in general, whether we are covered by our employers or not, we need to ask ourselves:

• Am I in the financial position to self-insure?  To answer this question, we can ask ourselves; have I set aside a reasonable amount of money to cater for my medical expenses – say, have a sum of at least RM100,000 today not to be used for anything else?
• If I can’t even afford the insurance premium today, what will I do if I am faced with a huge medical bill tomorrow?  This is of course a tough question.  Some will just throw their hands in the air and say; well, that’s just my fate.  Only God can help….  true, but remember, God helps those who help themselves.

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