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Saturday 15 November 2014

U.N. panel details ISIS abuses in Syria, says they amount to war crimes

(CNN) -- With images of violence and torture coming out of Syria daily, a U.N. panel on Friday stated what many people consider obvious: ISIS has committed war crimes and crimes against humanity, and leaders of the militant group should be held accountable by organizations such as the International Criminal Court.

The U.N. Independent International Commission of Inquiry on Syria based its conclusions on more than 300 firsthand accounts and included photos and videos of violence and victims, a statement said.

"Those that fled consistently described being subjected to acts that (terrorize) and aim to silence the population," said Paulo Pinheiro, chairman of the commission.

The commission issued a paper titled "Rule of Terror: Living Under ISIS in Syria" that described previously known ISIS tactics such as killing, enslavement, rape and sexual slavery. But the report provides details about other, less sensational abuses, such as the penalty for smoking or having tattoos.

"ISIS also carries out amputations and lashings in public spaces in its areas of control," the paper said.

Men have had their hands amputated for allegedly committing theft. The group has also amputated the fingers of men caught smoking, according to the commission's report.

"Men have been lashed for being in the company of women who ISIS considers to be 'improperly' dressed, for smoking, not attending Friday prayers, trading during prayer times and for having tattoos."

ISIS targets women and children

The acts of terror are not random occurrences but are part of the ISIS organizational policy, the paper said. That's why commanders for ISIS, sometimes called the Islamic State, should be held accountable by groups such as the International Criminal Court, the paper said.

ISIS aims to establish a ruling Islamic government in Syria and Iraq.

Richard Dicker, director of the International Justice Program for Human Rights Watch, said the International Criminal Court could only become involved in Syria if the U.N. Security Council approves. A previous U.N. motion on Syria was thwarted by veto votes by China and Russia, he said.

"The ICC has no say-so," he said. "The power lies in the hands of the U.N. Security Council."

The commission's report about war crimes is significant, however, because it focuses only on ISIS and not the other groups involved in the Syrian conflict, Dicker said.

"It reshapes the frame around ISIS's actions," he said.

ISIS is well-financed and draws fighters from many nations, including the United States and other Western countries.

ISIS targets ethnic groups, journalists, women and children, the paper said.

"Unmarried women -- whom ISIS considers to be females over the age of puberty -- pose a particular threat to the armed group's enforced social order," the paper said. "Parents of unmarried women and girls are terrified of their daughters being forced to marry ISIS fighters and as a result, early marriage is on the rise. Their fears are not unfounded.

"There are distressing accounts of fighters taking girls as young as 13 years old away from their families, resulting in violations of international humanitarian law and acts that amount to war crimes of cruel treatment, sexual violence and rape."

Education is used to indoctrinate children, the paper said.

Propaganda and social media

In the Syrian city of Raqqah, "children are gathered for screenings of videos depicting mass executions of government soldiers, (desensitizing) them to extreme violence. By using, conscripting and enlisting children for active combat roles, the group is perpetrating abuses and war crimes on a massive scale in a systematic and organized manner," the paper said.

Children are also exposed to horrific sights, such as public executions, public mutilations and the display of bodies in town squares and other visible spots, it said.

Besides terror, ISIS exerts control by taking journalists captive and regulating public services in areas it controls, the paper said.

"At the core of ISIS' propaganda strategy is an effective use of modern communications, particularly social media for purposes of recruitment and fundraising," it said. "Many new recruits, from the region and beyond, have been influenced by widely disseminated violent images of executions, beheadings and stonings."

In other news from Syria, the United States-led coalition carried out 20 airstrikes, including 19 against ISIS and one against the al Qaeda-linked group, Khorasan, U.S. Central Command said Friday.

The strikes happened between Wednesday and Friday and 17 of them destroyed ISIS positons and vehicles near Kobani. An airstrike east of the ISIS stronghold of Raqqa destroyed one of the militants training camp.

The strike against several terror suspects associated with the Khorasan group took place west of Aleppo. Meanwhile the coalition also conducted 16 airstrikes in Iraq against ISIS, including two strikes west of Kirkuk, three near Baiji and one near Fallujah that destroyed a large ISIS unit, according to Central Command.

Sedition charge against Tian Chua thrown out

S'gor returns seized Bibles for use in S'wak

Islamic Jihad brags that they've been stabbing Jews to death since 1986

 

Islamic Jihad is taking credit for the current wave of stabbing attacks in Israel by bragging that they started the trend nearly thirty years ago.

They write:
The beginning [of the knife revolution] was in 1986 when the fighter Khaled Jaidi shook the pillars of the occupation and settlers when he headed to the Firas market looking to stab;for his first goal was a settler (Haim Ezran), first fatality of a usurper from the stabbing knife of Islamic Jihad at the hands of pure Mujahideen.

This daring operation began a new phase in Gaza.

Jaidi did not stop at this point but continued the mission and went continuing his resistance with a knife, terrifying the settlers and (stabbing) three others.

He was arrested by the Zionist occupation forces on 24.12.1986 and sentenced to three life sentences in prison, and he gained freedom in a deal after 23 years of captivity.

Here is how the first two victims were murdered:
An Israeli from Ashkelon was fatally stabbed while shopping in Gaza Saturday. The victim, Haim Azran, 35, was assaulted from behind in an alley off the main street and knifed twice in the throat and once in the back.

He was aided by a friend, Mordechai Mordi, who summoned help from the local military head-quarters. An ambulance rushed Azran to Barzilai Hospital. He was taken by helicopter from there to Soroka Hospital in Beersheba where he died of his wounds.

[Yisrael] Kitaro, 43 years old, was killed when he took his taxi to the auto repair shop in Gaza that his Shimshon Taxi Company has been using for the last 14 years. Many Israelis have their car repairs done in Gaza because the labor rates are cheaper.

While Mr. Kitaro was waiting outside for the work to be completed, a man came up behind him and slit his throat. Bleeding profusely, Mr. Kitaro managed to stagger about 100 yards - none of the Arabs would get near him - before he was picked up by a Border Police squad. By the time he was transferred to hospital, he was dead. The Israeli police have imposed a curfew on the neighborhood and rounded up several suspects.
The terror group goes on to describe many other stabbings done by "heroic" and "pure mujahadeen".

As usual, you will not be able to find a single Arabic-language voice denouncing a culture that turns people who stab random Jews to death into heroes.

That is how one can judge a culture. The near-absence of opposition to randomly stabbing civilians to death, on moral grounds is one of the most under-reported stories in Western media.

There are always going to be extremists in any group of people, but Western media chooses not to notice the huge amount of support given to the terrorists by the silence or cheerleading of hundreds of millions of Arabs for terrorism against Jews.  Only a tiny minority actively kill - but the vast majority condone it, based on the absence of anyone saying in their own language that these kinds of attacks are reprehensible.

So Islamic Jihad has a blank check from the Arab world to praise murderers without fear of being put on the defensive by their own community.

Ayatollah Alavi-Gorgani: “Forbidden music leads to destruction of society”

ABNA

Grand Ayatollah Sayyed Mohammad-Ali Alavi-Gorgani has met with a group of members of the organizers of a conference on the knowledge of danger of music to culture. This movement says that in order to reform society, it is necessary that society knows the dangers of music.

The prophets and imams sent by God worked to persuade society to obey God and tried to invite society to Islam because this work has much value for society.

The revered professor in the Islamic Seminary of Qom stressed that people have both individual and social responsibilities. He said that Islam specifies certain social responsibilities upon the Muslims. These responsibilities propel society towards reform. “Individuals must never look after their own needs alone and say that they have no responsibilities to help others. Everyone has responsibilities in relation to others,” Ayatollah Alavi-Gorgani.

Ayatollah Alavi-Gorgani stated that one way to reform society, especially the youth, is to prevent them from getting caught in the dangerous trap of musical instruments and Islamically unacceptable music. “[Forbidden] music leads to destruction of society,” he stated.

“We have the responsibility to explain the correct path on the subject of music. If people choose the wrong path, we have no responsibility upon them. Our responsibility is just to show society the correct path,” His Eminence added.

Ayatollah Alavi-Gorgani warned individuals and the media against the broadcasting and playing of unacceptable music, saying that it harms the dignity of the Islamic Republic of Iran and the Iranian nation. “Music is often broadcasted during ceremonies. This music is not befitting to the dignity of our nation and people,” he said.

The revered source of emulation stated that according to verses of the Holy Quran and narrations from the Prophet Muhammad and the Ahlul-Bayt, specific types of music are impermissible. Since the time of the Prophet until now, people have been trying to make forbidden music, singing and dancing permissible and lawful, but Islam clearly states that music is forbidden.

One of the many narrations we have states: “In a house where music is played, God does not bestow his grace on the inhabitants of that house.”

Ayatollah Alavi-Gorgani stated that some think that the reason that music is only forbidden in Islam due to its pleasing melody or only due to its lyrical content, but it is due to both of these things, as well as music’s negative effects on the emotional, psychological and physical states of both individuals and society.

It should be noted that in Islamic law, specific types of music are forbidden. Forbidden music is that which has a great influence on one’s heart and mind, both due to its pleasing melody or captivating and illicit lyrics. Music is like an intoxicant as it makes one forget their surroundings and one does not know what is happening to him or her.


Bantah lesen minuman keras: AJK masjid Bangi perkenal dua jenis Melayu

Sebahagian daripada ahli Sekretariat Badan Bertindak Bantah Arak memperlihatkan memo bantahan pada sidang media terhadap jualan minuman keras di pasar raya EON Bangi, Selangor, hari ini. – Gambar The Malaysian Insider oleh Nazir Sufari, 14 November, 2014.Sebuah pertubuhan bergelar Sekretariat Badan Bertindak Bantah Arak hari ini mengemukakan bantahan terhadap cadangan sebuah pasaraya besar menjual arak secara borong.

Dalam usaha membantah penjualan arak itu, salah satu organisasi yang bernaung di bawah sekretariat itu membahagikan Melayu kepada dua golongan besar.

"Ada dua jenis Melayu di sini, satu ialah Melayu Islam, kedua Islam Melayu," kata Dr Tajul Ariffin Noordin (gambar) pada satu sidang media di Bandar Baru Bangi hari ini.

Katanya, bagi mereka yang dalam golongan Melayu Islam, belum tentu mereka melaksanakan Islam.

"Mereka ramai di Kuala Lumpur. Ada yang minum minuman keras.

"Kalau Melayu Islam, dia bangsa saja Melayu tetapi tak ikut Islam. Tetapi kami yang tinggal di Bangi, tidak minum minuman keras. Kita pilih tinggal di Bangi.

"Yang tinggal di Bangi ini memang tak pernah minum arak. Kami ini ialah Islam Melayu. Kami hidup cara Al-Quran dan sunnah," katanya yang merupakan Ahli Jawatankuasa Pembangunan Masjid Al-Umm.

Sekretariat itu terdiri daripada 42 organisasi di sekitar Bangi.

Lembaga Pelesenan Daerah Hulu Langat menerusi iklan di akhbar awal bulan ini memaklumkan mengenai permohonan Aeon Big (M) Sdn Bhd menjual minuman keras dalam bentuk borong di kawasan itu.

Permohonan pasaraya besar yang terletak di Bandar Baru Bangi Seksyen 16, mengundang keresahan dan bantahan penduduk setempat yang melihat ia perlu ditolak kerana majoriti penduduk di Bangi terdiri daripada umat Islam.

Kesal dengan cadangan pasaraya itu yang mahu memohon lesen borong penjualan minuman keras, Tajul berkata penduduk Islam di Bangi bukan saja akan menentang permohonan lesen berkenaan tetapi segala bentuk kemungkaran yang datang ke kawasan itu.

"Kami sedih, kenapa pengurusan Aeon itu tidak pernah fikir? Orang Bangi yang Islam Melayu, kita tak minum. Kenapa nak lesen arak di Bangi? Kenapa tak di Kajang, Cheras, Puchong dan sebagainya?

“Kita tak mahu yang lain juga di Bangi lepas ni, rumah urut, pusat dangdut, kelab malam, pusat pelacuran. Jangan langsung layan permohonan ini sebab yang tinggal di sini semua pilih cara hidup Islam Melayu," katanya.

Presiden Jaringan Siswazah Malaysia Abdullah Abd Karim berkata, golongan bukan Islam tidak perlu membuat tanggapan negatif terhadap bantahan mereka kerana hak golongan itu tetap dihormati.

Katanya, apa yang dibuat oleh sekretariat itu berdasarkan peruntukan undang-undang yang membenarkan mereka mengemukakan bantahan sedemikian.

"Kami menghormati masyarakat bukan Islam dan ada yang terlibat dalam industri ini meminum minuman keras. Kami tidak ada hak mengganggu urusan bukan Islam tetapi kami menyalurkan bantahan ini dalam konteks lebih 90% penduduk di sini terdiri daripada umat Islam.

"Kami menyalurkan bantahan ini mengikut proses sewajarnya," katanya.

Abdullah juga menegaskan beliau percaya tiada permintaan dibuat penduduk bukan Islam supaya minuman keras dijual di kawasan itu.

"Kita tidak melihat sebarang kewajaran bahagian pelesenan meluluskan permohonan tersebut," katanya.

Pertubuhan Ikram Hulu Langat pula berpandangan, bantahan permohonan lesen berkenaan adalah perkara biasa yang menggambarkan suara majoriti sesebuah kawasan.

Katanya, bantahan juga pernah dilakukan warga Kuantan yang tidak bersetuju dengan pembinaan kilang nadir bumi di kawasan itu, Lynas.

"Nadir bumi satu bahan yang sangat berguna untuk pelbagai kegunaan industri tetapi penduduk Kuantan tidak setuju industri sedemikian dibuat di tempat mereka.

"Begitu juga kami di sini. Kami majoriti beragama Islam dan di sana ada sensiviti dan kami berharap ia dihormati," kata Yang Dipertuanya (YDP), Sufyan Mohd Nor.

Angkatan Belia Islam Malaysia (Abim) pula mengumumkan satu perarakan menghantar memorandum bantahan kepada Pejabat Daerah Hulu Langat akan diadakan pada 28 November.

“Kita akan buat bantahan ini bersama-sama dan pada hari itu semua surau dan masjid akan mengadakan solat hajat selepas solat Jumaat. Kita berusaha mendapatkan kelulusan pejabat agama untuk teks khutbah berkaitan arak di Bandar Baru Bangi.

“Kita akan berkumpul di Masjid Hasanah dan berarak beramai-ramai ke Pejabat Daerah menghantar bantahan itu bersama-sama," kata YDP Abim kawasan itu, Muhammad Nizam Samsudin. – 14 November, 2014.

- See more at: http://www.themalaysianinsider.com/bahasa/article/bantah-lesen-minuman-keras-ajk-masjid-bangi-perkenal-dua-jenis-melayu#sthash.kG7IOkA9.dpuf

Ending the Bible grab with no apologies, but a warning

The Selangor Islamic Religious Council failed to issue an apology after returning the seized Malay- and Iban-language Bibles, but issued a warning instead that they were not to be distributed in Selangor. – The Malaysian Insider file pic, November 14, 2014.Christians in Sarawak should be grateful, one supposes, now that Selangor has returned 351 copies of Malay- and Iban-language Bibles that were seized more than 10 months ago.

The bibles that were seized by the Selangor Islamic Department (Jais) from The Bible Society of Malaysia (BSM) on January 2 were returned to Christians in Sarawak today through the Association of Churches in Sarawak (ACS) in a ceremony at the Selangor palace in Shah Alam.

They were handed to Sarawak Christians and not to the peninsula-based BSM as part of the condition that such material was not to be distributed in Selangor, especially among Muslims, a statement from the Selangor Islamic Religious Council (Mais) later said.

"This settlement is to respect each other's religious beliefs and maintain the sensitivity of various religions in the country," Mais chairman Datuk Mohamad Adzib Mohd Isa said in a statement today.

There were no apologies for seizing the Bibles, which were meant for Christians in Sarawak anyway. None. Just a warning not to distribute the Bibles in Selangor.

Now, why would the authorities reframe the narrative knowing full well that the Bibles were never for distribution in Selangor? Why the warning, as if they are doing everyone a favour by returning the Bibles which they wrongly seized?

Instead of being magnanimous and saying sorry, they have changed the genesis of this episode.

After all, it is Putrajaya's cabotage policy that precludes direct imports to Sabah and Sarawak for such bulky items. All these items have to be brought through a port in the peninsula before being distributed to other parts of the country, including Sabah and Sarawak.

Why blame the BSM for bringing in the Bibles through Port Klang when it has to follow government policy on imports?

The least that the Selangor authorities can do is regret what happened, knowing full well that the Christians are a minority in the country and would not dream of breaking state laws.

And apologise for the misunderstanding. But, no: the Christians have to turn the other cheek and be grateful for tender mercies.

That should never be the case for any Malaysian, to be grateful for what is a right under the Federal Constitution. Perhaps, one day, the authorities can learn to match deeds with the fine words they used today. – November 14, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/ending-the-bible-grab-with-no-apologies-but-a-warning#sthash.rlIFMove.dpuf

Minister: Land where Malays not welcomed

 
 In explaining the different shades of racism, Communication and Multimedia Minister Ahmad Shabery Cheek travels north of the nation.

Though he does not mention Penang, it is obvious that the Umno supreme council member was referring to the DAP-controlled state.

He said there is a particular group who would insist on merit, as opposed to race-based policies.

"For example, in the absence of such a policy, a state governed by a particular party would say there are no cheap or low-cost houses.

"This would lead to the Malays not being able to afford to be in the same group (of house buyers) ... or enjoy the development (in the state). In other words, this is also a form of racism in the deeper sense.

"They (the ruling party) don't say it outright - that this place is only for our race, and the Malays cannot come here.

"But they use certain approaches where, eventually, only one race will enjoy (the development) and this is the form of subtle racism that is happening," he told Umno Online.

Who owns big buildings, big houses?

Shabery said those who often raise issues concerning racial and religious sentiments hide behind a racist understanding themselves.

According to him, this group would deliberately manipulate racial and religious issues, including isolated cases.

"At the same time, I wish to explain the real meaning of racism. Many do not understand that there is racism without statements and actions in this nation

"For example, this group does not say much in championing the cause of their race but would be enraged when there are those who champion the Malay cause.

"They would become angry when the Malays talk about the special position of the Malays, protection for Malays, the Malay language, Islam and so forth," he said.

"They consider such statements as racist," Shabery added.

Furthermore, the Umno supreme council member said, this group would contend that the Malays do not need policies that defend or accord special position to them.

Shabery said this group would reject the government’s pro-active steps to balance the lives of the people in this nation from various angles, and their motivation is that only race dominates everything.

"For me, anyone can talk about racial interests as long as the intention is not to oppress others. In the context of our nation, who owns the big buildings and houses in Kuala Lumpu?

"In the big firms, which race has the most shares? Therefore, I deny that when we talk about the Malay agenda, it is to stop other races from advancing," he added.

Dr M: Don't use BR1M to be popular

 
After panning the debt-ridden 1Malaysia Development Bhd (1MDB), Dr Mahathir Mohamad has now criticised Prime Minister Najib Abdul Razak's Bantuan Rakyat 1Malaysia (BR1M).

In a blog posting, the former premier reminded the government that its money is derived from taxes.

"Taxes raise the cost of living. Still the people are willing to endure the raised cost of living because they expect the government to give them security, to govern the country well, to have policies which benefit the people.

"But the people would not like to see the taxes they pay to be expended in ways that are beyond this.

"Certainly they would not want their hard-earned money to be expended on winning popularity for anyone or political parties or administrations," he added.

Looks similar to bribery and vote-buying

Mahathir said monetary handouts on a large scale such as BR1M look similar to bribery.

"And when this is given near elections or the manifesto promises this, the impression that it is about buying votes just cannot be dismissed.

"If incomes are to be increased, it should be by way of creating opportunities for work or business," he added.

Furthermore, he said such handouts also increase personal dependence on the government even for one's income, without any effort by oneself.

"It weakens the character of people and reduces their competitiveness in the market place," he added.

High income, Mahathir said, should come from increases in productivity.

"Without increasing productivity, competitiveness would not improve. And the economy would not really grow. These countries invariably depend on foreign workers, executives and entrepreneurs," he added.

Socialists and Communists tried the same

Mahathir also said it was misleading to think that Malaysian can become a developed nation by 2020 by increasing average incomes to a certain level.

"A few people with very high incomes would distort the average income. Per capita income should not be a measure of our achievement of developed country status.

"The emphasis on high income alone is not enough. In fact by itself it will not make the country a developed country. It would be even more misleading when the income is due to handouts by the government," he argued.

To be developed, the former premier said, the nation must be at par with developed countries in terms of education, technological and industrial knowhow, research and development, industrialised to a high level, commensurate infrastructure and high earned incomes for all.

"It is imperative therefore to spend money on education and training to a higher level, to build up engineering and industrial capacities, to be productive and competitive, to expend money on building first-class infrastructure and to be researchers, inventors and developers.

"Since we want to be developed in our own mould, we can reject the moral values of some developed countries.

"We see them obviously decaying because of the emphasis on unlimited materialism and personal freedom.

"We must sustain the good values that we have and acquire good ethnics which will contribute to our productivity and our income. In other words we must earn our income through higher productivity and not through handouts by the government," he added.

Mahathir said the Socialists and Communists tried to improve their people's incomes by giving them money and making free availability of support facilities to ensure they have a good life.

"But Socialism and Communism have failed. They have to resort to free enterprise and hard work," he added.

'If Umno loses, Malays may never rule again'

 
An Umno supreme council member has warned that if internal problems in the party are not resolved and BN loses the next general election, Malays may never rule the nation again.

Such a defeat, according to Ibrahim Abu Shah, would be a "dark day" for the Malays and nation.

"Internal problems, especially concerning unity among party members, must be solved immediately without taking personal interests into consideration," he said.

In view of this, Ibrahim (right) said Prime Minister Najib Abdul Razak’s recent reprimand for Selangor Umno must be taken into account by the party’s machinery nationwide to continue winning the hearts of the people.

The former Universiti Teknologi Mara (UiTM) vice-chancellor urged Umno members to confront the “external challengers” and explain to the people so that voters, especially fence sitters, would have confidence in the party.

With the government implementing various transformation programmes, he added, there was no reason for the people not to support Umno and BN.

“If Umno and BN lose in the 14th general election, I think it would be a dark and unfortunate day for the Malays and the nation,” he was quoted as saying by Umno Online.

Ibrahim was speaking after presenting a paper at a political workshop during the Johor Umno convention today.

Umno would be holding its annual general assembly from Nov 25-29.

At the recent Selangor Umno convention, Najib said he felt ashamed that the party had still not recaptured the state, which fell to Pakatan Rakyat in 2008.

Following this, former premier Dr Mahathir Mohamad said Selangor Umno must shed its image as being “corrupt” and called on its leaders to resign.

Umno man who punched deputy minister let off?

 
A heavy vehicle driver was yesterday charged with threatening Deputy Education Minister P Kamalanathan but an Umno man who went a step further by punching him is yet to face action, says DAP's Ipoh Barat MP M Kulasegaran.

Kulasegaran said this in reference to M Gunalan who was charged in a sessions court in Petaling Jaya over a text message threat, while teacher Muhammad Rizuan Suhaimi's assault case remains unresolved.

"Some have asked if this is because the teacher is from Umno.

"When the assault incident took place, the teacher was Hulu Selangor Umno Youth assistant secretary," Kulasegaran said in a statement today.

He questioned the sluggish action by the attorney-general (AG) against the Umno man even though the assault happened on Jan 13.

In contrast, he said, Gunalan, who issued the threat on Oct 20, was charged yesterday, less than a month after he allegedly sent the SMS.

"The police revealed that the investigation papers in the matter involving Muhammad Rizuan were submitted to the AG on Jan 15, but why the long delay in prosecuting till today? Or has the AG closed the case?" Kulasegaran asked.

He said regardless of whether Kamalanathan had withdrawn his police report against the Umno man, the AG should proceed with criminal charges to deter violent conduct of Muhammad Rizuan.

Kamalanathan on Jan 26 said he had "forgiven" the teacher for assaulting him.

However, Kualasegaran, quoting netizens, questioned whether the deputy minister was practising double standards by not being similarly magnanimous with the lorry driver.

He also quipped about the apparent attempts to threaten or hurt the deputy minister.

"Why do many people love to punch Kamalanathan? To the best of my knowledge Kamalanathan was never a boxer," he said.

Syariah not a Federal matter

Islamic laws and Islamic matters fall under the jurisdiction of the states.

FMT

KUALA LUMPUR: Gerakan has expressed surprise on a statement by Minister in the Prime Minister’s Department, Jamil Khir Baharom, that the religious authorities in the country, all state bodies, are currently engaged in a discussion to equate the Syariah Court System with the Civil Court System.

“It’s unconstitutional. It is clear that under the Ninth Schedule, List II – State List of the Federal Constitution, Islamic laws and Islamic matters fall under the jurisdiction of the states,” said Baljit Singh who heads Gerakan’s Central Law and Human Rights Bureau.

“The existing linear relationship of Malaysia’s court system and judiciary cannot be altered.”

Baljit pointed out that Syariah Courts are set up under state laws, while civil courts including the High Courts, Court of Appeal and Federal Court are established under the Federal Constitution.

“We can establish a Constitutional Court that exists in countries like Germany and Thailand to deal with matters of high constitutional importance including the conflict of law arising from the overlapping of Syariah and civil law,” said Baljit.

At present, the Federal Court sits as the Constitutional Court.

Under the Federal Constitution, Native and Syariah Courts are inferior courts. Inferior laws, including those passed by the state assemblies, can be ruled invalid to the extent of their inconsistency with the superior law, the Federal Constitution.

Sabah speaker: Call to abolish vernacular schools ‘extreme’

(The Star) – The call to abolish all vernacular schools has been condemned by Datuk Seri Salleh Tun Said, as they have long been a part and parcel of the national education system.

“Any proposal to abolish vernacular schools is an extreme or outrageous view,” said the Sabah Legislative Assembly Speaker at the Lok Yuk Kindergarten Jinshan’s 20-year anniversary celebration and opening of its RM150,000 games hall building, financed by the Federal Government in Kota Belud.

He added that Prime Minister Datuk Seri Najib Razak had previously given assurance that vernacular schools would continue to be a part of the education system.

“Vernacular schools play an important role in providing educational opportunities to all groups in the Malaysian society, especially in Sabah which is multi-ethnic and multi-religious,” he said, adding that Bumiputera students commonly study in vernacular schools there.

In October, several Barisan Nasional leaders came forward to defend vernacular schools, claiming that in addition to educating children on their mother tongue, it also serves as a ground to encourage mutual respect and understanding among a multi-racial society.

Deputy Petaling Jaya Utara Umno chief Mohamad Azli Mohemed Saad had earlier called for a discussion on the abolishment of vernacular schools during the party’s general assembly.

On Thursday, deputy MCA president Datuk Dr Wee Ka Siong said that the Government had no intention of closing down vernacular schools.

Wee, who is also a Minister in the Prime Minister’s Department, had said that Chinese schools were a part of the country’s legacy as they had been operating even before independence.

Ramon: Return of bibles is proof of ‘wasatiyyah’

Ramon Navaratnam appeals to all parties to celebrate with thanks, the return of the Holy Bibles to Christians.

FMT

PETALING JAYA: Prominent public figure Ramon Navaratnam has hailed the return of the 351 Malay- and Iban-language bibles to their rightful owners as proof that the principle of “wasatiyyah” or moderation was becoming a part of the Malaysian way of life.

In a statement to FMT, Ramon said, “We pray that religious understanding and ‘wasatiyyah’ will prevail always, in the interest of peace, harmony and progress in our beloved country.”

Ramon, who is Chairman of the Asli Centre of Public Policy Studies also thanked the Sultan of Selangor for his wisdom and Menteri Besar Azmin Ali for successfully securing the return of the bibles after months of heated debate among political leaders, Islamic religious bodies and the public.

Saying that what Malaysia needed more of now was much greater mutual respect for each other’s religions and cultures, Ramon added, “Let us from now show more compassion, try our best to forget past trials and resolve to practise all our great principles of peace, love and justice to humankind.”

The former deputy secretary-general of the finance ministry also said that going forward, it was imperative that Malaysians learnt from past mistakes and instituted “proper standard operating procedures” that were acceptable to all parties, especially when dealing with “inter-religious” issues.

He also suggested that more inter-faith dialogues that promoted the spirit of love for our neighbours, be organised.

Reiterating the need to uphold the principle of wasatiyyah at all times, Ramon said, “I sincerely hope that all our leaders will exercise greater care to avoid any policies and actions that will tarnish the beauty and sanctity of our religions as well as the national spirit of wasatiyyah and charity to our Malaysian brothers and sisters, of whatever race and religion.”

A Selangorian and Christian himself, Ramon also expressed his “deep relief” that the holy books seized by the Selangor Islamic Affairs Council (Mais) in January because it contained the word “Allah”, had “finally been returned to their rightful owners.”

Saying that all Malaysians should work towards projecting the rich sacredness of their respective religions, he ended his statement with the solemn wish, “May God bless Malaysian harmony and unity.”

Woman loses over RM107K to Facebook ‘friend’

Police detain 14 Nigerian men aged between 20 and 30, and a local woman in two raids in the Klang Valley.

FMT

KUALA LUMPUR: A 40-year-old woman lost RM107,350 of her savings to a man whom she believed was going to marry her.

The victim, a civil servant, had befriended the man named ‘Aakil Muhsi’ or ‘Azim’, through Facebook.

Following a report she lodged, police detained 14 Nigerian men aged between 20 and 30s, and a local woman in two raids in the Klang Valley on Wednesday.

Cheras district police chief ACP Chong Kok Sin told a media conference here today, that the suspect persuaded the victim to bank money into his account after promising to marry her.

He said the man requested for more money from the woman last August, purportedly for securing the release of his USD1 million which the Immigration department in Kota Kinabalu had seized.

The vicitm then banked in RM107,350 in stages, into eight accounts, said Chong.

He said police seized seven automated teller machine (ATM) cards, nine laptops and 26 mobile phones during the raids.

Heed PM’s words, S’gor Umno members urged

Najib’s recent reprimand should spur Umno to work harder at winning over the people of Selangor.

FMT

JOHOR BAHARU: Prime Minister Najib Razak’s reprimand of Selangor Umno should spur the party machinery nationwide to continue to win over the people.

Umno Supreme Council member Senator Ibrahim Abu Shah said members should address the challenges and continue to inform the people, especially the fence sitters so that they have confidence in Umno.

He said with the government’s efforts in implementing various transformation initiatives to accelerate the country’s development, there was no reason for the people to refrain from giving strong support to Umno and Barisan Nasional(BN).

“If Umno and BN lose the 14th general election (GE14), I think it will be bleak and unfortunate for the Malays and the country.

“Only BN can govern the country and not other parties which have different ideologies,” he told reporters after presenting a working paper at the Johor Umno Convention yesterday.

At the Selangor Umno Convention on November 1, Najib, who is also Umno president, reprimanded Selangor Umno leaders for failing to win over the people in Selangor.

Ibrahim, who is also Umno Education Bureau chairman reminded Umno members to continue to address internal problems to ensure that the party representing the Malays wins GE14 and remains relevant.

“The internal problems, particularly those affecting the unity of Umno members needs to be resolved soon for the sake of the party, regardless of personal interests.”

He added the Johor Umno convention was the best platform for Umno to face political challenges and a signal for members to work hard for the party’s survival.

- BERNAMA

Is PKR using Dr M to unseat Najib?

Rafizi's NGO called NOW invites Mahathir Mohamad to a controversial forum to scrutinise the beleaguered 1MDB.

FMT

KUALA LUMPUR: PKR and by extension Pakatan Rakyat have found an unlikely ally in Dr Mahathir Mohamad in their quest to destabilise Prime Minister Najib Razak.

In an unprecedented move, the National Oversight and Whistleblowers (NOW) centre extended an official invitation to Mahathir to attend a forum entitled “1MDB: Malaysia in Debt?” that is aimed at having frank discussions on the many grievous discrepancies in the country’s second sovereign wealth fund, 1MDB.

Confirming the invitation, director of NOW Akmal Nasir said Mahathir’s office had made contact with them this morning but had not confirmed if the former premier would indeed attend.

Explaining the decision to invite Mahathir, Akmal recounted the former premier’s outspokenness in the past regarding 1MDB, and hoped that media interest alone would persuade him to attend.

He added, “So far, I think he (Dr Mahathir) has no avenue to meet the Deputy Finance Minister Ahmad Maslan or engage directly with 1MDB.

“That’s why we thought by holding this forum, he might be interested to come, to get a chance to sit with the government and the opposition on this issue.”

Akmal also said that should Mahathir accept the invitation, it would be a stepping stone to host other outspoken politicians like Daim Zainuddin and Razaleigh Hamzah to future events.

The 1MDB forum scheduled to take place at The Club, Bukit Utama on November 19 will also be attended by Deputy Finance Minister Ahmad Maslan, CEO of 1MDB Mohd Hazem Abdul Rahman, DAP’s Tony Pua and NOW founder Rafizi Ramli.

Yesterday, Opposition Leader Anwar Ibrahim, while speaking to the press about 1MDB in Parliament, briefly mentioned Mahathir saying, “Even Tun Mahathir agrees with me on this (1MDB) issue.”

NOW was founded in 2012 by PKR’s secretary-general Rafizi Ramli.

GMM: Can democrat Islamists curb extremism?

Global Movement of Moderates hold roundtable discussion on the moderate approach of democracy versus war.

FMT

KUALA LUMPUR: Democrat Islamists can be a solution to curb extremism worldwide as they provide a moderate approach in today’s global world through the ballot box, said academicians and politicians.

International Islamic University Malaysia (IIUM) lecturer Dr Maszlee Malik said Democrat Islamists, made famous after the Arab Spring, allowed Muslims to control their fate through the ballot box rather than war or in the hands of leaders who were dictators, thus ending any grievances they might have had.

“The idea of democrat Islamists has existed for a long time. Radical groups emerge because they found there was no hope for Muslims to enjoy justice, human rights and good governance,” he said at a roundtable discussion on Democrat Islamists organised by the Global Movement of Moderates (GMM) together with IIUM’s Fiqh Department.

Chairman of London-based Al-Hiwar TV channel Dr Azzam Tamimi, said that the success of the Arab Spring was a promising event that allowed for democracy in the Middle East and at the same time made the militant group Al Qaeda into an irrelevant movement.

“The success of the Arab Spring as we saw in Tunisia and Egypt was very promising, showing that this is the way forward. Some of the leaders of Al Qaeda were actually stressing fear that this model was succeeding, because it was proving them wrong,” he said.

Dr Azzam also stressed that Democrat Islamist’s definition still varies, depending on how people come into contact with the ideology and that the struggle for Democrat Islamists in the Middle East was still an ongoing process.

The GMM on its website stated that “Democrat Islamist” is a special term which refers to the new actors who seek to apply the Islamic principles to public policy within a democratic framework, including those in Morocco and Tunisia.

Meanwhile, PAS Research Centre Executive Director Dr Dzulkefly Ahmad noted that although Westerners were a little cautious of the ideology, Democrat Islamists like that of PAS were successful and have managed to exist for 60 years in Malaysia.

But he noted that Democrat Islamists had problems of balancing between being democratic and upholding the true values of Islam in order to be relevant in a diverse country like Malaysia.

“The Democrat Islamist party needs to come up with universal proposals that can persuade the people, both Muslims and Non-Muslims. Thus it must engage with the public, allow for forum of differences and be less judgemental,” he said.

Morroco’s Party of Justice and Development (PJD) Member of the International Relations Committee, Dr Driss Bouanou, highlighted the success of Democrat Islamists in Morocco as the country had been practising democracy since its establishment.

He said that since Morocco was a democratic country, it was not affected by the Arab Spring.

“We have managed to work well with the monarchy and our political rival to maintain a prosperous Morocco.

“For what we have achieved in Morocco, nobody can say that the Democrat Islamists do not exist,” he said referrng to PJD, the ruling party of Morocco.

Meanwhile, Indonesia’s Prosperous Justice Party President Dr Anis Matta said although Western countries seemed cynical towards the existence of Democrat Islamists, they were actually more concerned if it will jeopardise their interest in the Muslim countries.

“For example, although Saudi Arabia is not a democratic country, Western powers are not bothered about this as long as their interests are not jeopardised. The West actually do not care what the ideology of a particular country is,” he said.

The rountable discussion is aimed at exploring the role and contribution of Democrat Islamists in promoting moderation and combating extremism in the Muslim world.

GMM chief executive officer Saifuddin Abdullah said the roundtable discussion was a preparation for an international conference to be held by the GMM Foundation in the first quarter of next year.

“We are also planning for another roundtable on another issue to promote moderation in December this year and January 2015,” he said at a press conference.

Saifuddin said the international conference next year will discuss issues such as democracy and good governance and is expected to be officiated by Prime Minister Najib Razak who is also GMM patron.

- BERNAMA

Ripples from landmark transgender ruling may reach other cases, lawyers say

Malay Mail
by BOO SU-LYN


KUALA LUMPUR, Nov 13 ― A critical Court of Appeal decision upholding the supremacy of the Federal Constitution could influence the outcome of cases such as that involving “Allah”where constitutional rights have been abrogated by lesser laws, legal experts said.

Constitutional lawyer Nizam Bashir said the appellate court judgment in the case of three Negri Sembilan transgenders last week has unambiguously articulated the tenet that all laws ― including Shariah laws ― are subject to the Federal Constitution, based on Article 4 of the document that states it to be the overriding law of the country.

While the decision validates a superior precedent on the topic, its appearance now could serve to remind others of the principle that has been sidelined in recent court cases.

“It will be interesting to see how this judgment impacts on various constitutional challenges presently still playing out in the courts, for example the Borders book ban, the decision to prosecute Kassim Ahmad in the Shariah High Court and the right to use the phrase ‘Allah’,” Nizam told Malay Mail Online via email.

The constitutional right to freedom of religion is at the heart of the Sabah Sidang Injil Borneo and Jill Ireland cases, in which a Sabah church and Sarawakian Christian are fighting for the right to use Christian materials containing the Arabic word for God, “Allah.”

In the case of Borders Books, the Federal Court is set to decide on a challenge against a Selangor state legislation that bans religious publications deemed to be un-Islamic as the law arguably violates the right to freedom of speech and expression.
 
Muslim intellectual Kassim Ahmad, who was charged at the Shariah High Court last March with insulting Islam, has accused the Federal Territory Islamic Religious Department (Jawi) of acting beyond the powers provided under state Islamic laws and the Federal Constitution when it prosecuted and arrested him.

Nizam said Article 74 of the Federal Constitution states that all laws, whether passed by Parliament or by the state, must not violate provisions within the constitution, noting that  those that fail this measure are vulnerable to being contested in court.

“Simply put, if a law purports to infringe (on) a fundamental liberty, it would be unconstitutional and this is what the Court of Appeal held when s. 66 of the Shariah Criminal Offences (Negeri Sembilan) 1992 was challenged, that it amongst others infringed the right to freedom of expression,” said the lawyer.

The Court of Appeal, Malaysia’s second-highest court, ruled last Friday that Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992, which prohibits Muslim men from cross-dressing, was unconstitutional and void.

According to the court, the Islamic state law violates several fundamental liberties, notably the constitutional rights to liberty, equality, freedom of movement and freedom of expression.

The appellate court had labelled the law discriminatory as it fails to recognise men diagnosed with gender identity disorder ― in which male sufferers identify themselves as women ― and ruled in favour of three Muslim transgenders ― Muhamad Juzaili Mohd Khamis, Shukur Jani and Wan Fairol Wan Ismail ― who were convicted of cross-dressing under the Negri Sembilan shariah law.

In its written summary judgment, the Court of Appeal said Shariah laws cannot violate Malaysians’ fundamental freedoms that are protected in the Federal Constitution as legislations contradicting the constitution are deemed void.

Civil liberties lawyer Syahredzan Johan said the impact of the judgment on other cases would depend on how the courts viewed these.

“The principles enumerated are not new. They are in line with the Supreme Court case of Che Omar Che Soh,” Syahredzan told Malay Mail Online. The Supreme Court has since been renamed as the Federal Court of Malaysia.

He said the 1988 landmark ruling had decided that all laws ― whether federal or state, Shariah or civil ― must be in line with the secular Federal Constitution.

“When it comes to the constitutionality of a particular legislation, the Shariah courts have no jurisdiction to make a determination. It rightly must go to the civil court,” said Syahredzan.

Constitutional lawyer New Sin Yew said laws that violate the Federal Constitution must be struck down.

“Everything is subservient to the Federal Constitution,” New told Malay Mail Online.

“Fundamental liberties are enshrined in Part II of the Federal Constitution. So of course, shariah laws cannot derogate fundamental liberties like any other laws unless provided for by the Federal Constitution,” he added.

New also said the Court of Appeal judgment in the transgender case was groundbreaking for deciding that treating minorities like everyone else could be discriminatory, noting that the court had ruled that the three transgenders should not be treated like “normal” Muslims under the Negri Sembilan state law as they suffered from gender identity disorder.

“It’s really a watershed moment for those who are marginalised, like people with disabilities LGBT (lesbian, gay, bisexual and transgender),” he said. 

Reforms In Umno Must Begin With The Members Themselves To Strengthen Party - PM

JOHOR BAHARU, Nov 14 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak reminded Umno members today to begin the process of reforming the party with self-reformation as the first step to strengthen the party.

Najib, who is also Umno president, said the process of reforming the party did not rest with the top Umno leadership only but must also encompass everyone including members at the grassroots.

"Reformation means that we have motivation to struggle for the good of the party. If the people are happy with and have confidence in the Umno members, it represents the first process in building trustworthiness in Umno," he said before opening the Johor Umno convention at the Berjaya Waterfront Hotel, here Friday.

The Prime Minister also criticised the attitude of some Umno members who placed more importance on self-interest and lacked the feeling of love for the party.

"Like in the past, when Tunku Abdul Rahman did not have enough money to go to London (to negotiate for the country's independence), there were members who offered assistance but now, when we ask them to do work, some would ask what they would get in return," said Najib cynically, which drew applause from the more than 800 Johor Umno delegates present at the two-day convention.

"Don't be rich materially but lack the fighting spirit and feeling of love for the party. If we love the party, we will make extraordinary efforts for the party," said the Prime Minister.

He said that reformation must also begin with a reality check by carrying out soul-searching and subsequently implementing reforms.

"We must realise that in practicing open democracy, eventually it's a game of numbers. We must increase support for the party and subsequently interpret it in the growing number of seats to ensure that we are stronger," he said.

"If the party is strong, if the party is still in power, the struggles can be continued," said Najib.

At the same time, the Prime Minister said Umno members must be open-minded in order for the party to attract more young members so that it would remain relevant.

"If we have to make way, then give a chance to the others (young people for example). Only then the party will be perceived as a dynamic party, a fresh party that has integrity," said the Prime Minister.

Referring to an excerpt from the speech of Menteri Besar Datuk Seri Mohamed Khaled Nordin who touched on modern and progressive reformation, inclusiveness, the Malays and Islam without ignoring the other ethnic groups, he said that these were among the ingredients and work scope needed for the survival of the party in the years to come.

"It is not wrong for me to say that it is most proper for the resurgence of Umno to begin here (in Johor). It is here that the resurgence of Johor Umno and Barisan Nasional as the pillar of our strength began. I am fully aware that the survival must begin in the Umno fortress," he said.

The convention that began today was also attended by Umno vice-president Datuk Seri Hishammuddin Tun Hussein and party secretary-general Datuk Seri Tengku Adnan Tengku Mansor.