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Tuesday, 5 February 2013

Ex-cops suspect abuse of govt grant

Members of the Malaysian Ex-Police Association ask: Where is the RM0.5m given last year?

PETALING JAYA: Several members of the Malaysian Ex-Police Association (MPA) have demanded that their president, Shafie Bakri, explain how a RM500,000 government grant is being used.

Their spokesman, Nasiruddin Mohamed (photo, seated second from left), told a press conference today that the money was disbursed to MPA last March and was meant to be used as assistance for retired policemen. Also present was Solidari Anak Muda Malaysia (SAMM) national coordinator Badrul Hisham Shaharin.

“But we’ve found out that RM200,000 was transferred to a company in Klang that was said to be acting as the agent receiving the funds,” he added.

Nasiruddin said he and other MPA members had lodged numerous reports with the Malaysian Anti-Corruption Commission (MACC) and the Registrar of Societies (ROS) against Shafie to no avail.

He also said this was not the first time MPA had experienced trouble with Shafie’s leadership, alleging that the latter had spent nearly RM600,000 of the association’s funds on dinner programmes and other social functions.

“We also found that he had liquidated about RM200,000 worth of premium savings certificates for no apparent reason.”

He urged MACC and ROS to take action against Shafie, saying they should show concern for the wellbeing of former policemen.

He accused ROS as being particularly negligent despite having received complaints against Shafie since 2005.

“And please don’t victimise MPA for the fault of one man,” he said, addressing ROS. “If you dissolve the MPA for this, the police veterans will stage a mass protest.”

Nasiruddin claims to be a vice-president in MPA, but Shafie told FMT that his accuser had never held any major executive position in the association and had been kicked out for making “baseless accusations” against it.

Referring to the RM500,000 grant, Shafie said RM200,000 had been used for MPA activities and not transferred to any company.

“The remaining RM300,000 is still in the MPA accounts,” he said. “We audit our books every year. Why can’t Nasiruddin wait for last year’s account to be released before hurling allegations?”

He said Nasiruddin and his supporters had been accusing MPA of various improprieties since 2005 but had failed to impress the authorities.

“Nasiruddin even took us to court seven times and we won all the cases,” he added.

“As a former cop, Nasiruddin should respect the law and stop his slander against the MPA.”

Pemuda MIC selar Pakatan politikkan kematian Sugumaran

Ia sudah dua minggu, di mana mendiang sudah sepatutnya diberikan upacara terakhir tetapi pemimpin-pemimpin Pakatan Rakyat masih lagi menggunakan mendiang bagi tujuan politik, kata Mohan.

KUALA LUMPUR: Pemuda MIC hari ini mengutuk tindakan pemimpin-pemimpin Pakatan Rakyat yang sengaja mempolitikkan kematian pengawal keselamatan C Sugumaran.

Ketua Pemuda T Mohan berkata, MIC berasa kesal di atas kematian Sugumaran dan berharap bahawa punca sebenar kematian dapat dikenal pasti dan sekiranya terdapat elemen jenayah, pihak yang bertanggungjawab hendaklah dihadapankan ke muka pengadilan.

Dalam satu kenyataan media, Mohan menyelar tindakan pemimpin-pemimpin Pakatan kerana masih terus mempolitikkan kematian Sugumaran.

“Walaupun pihak polis telah memberi kebenaran untuk bedah siasat kali kedua ke atas Sugumaran, namuh begitu namun peguam-peguam dari Pakatan Rakyat yang mewakili keluarga si mati ternyata masih bermain politik memandangkan PRU-13 akan diadakan pada bila-bila masa,” katanya.

Sugumaran, berkerja sebagai pengawal keselamatan di Kajang, Selangor meninggal dunia pada 23 Januari lalu ketika pihak polis cuba memberkasnya.

Di atas permintaan pihak polis, Pejabat Peguam Negara pada 29 Januari 2013 telah memberi kebenaran supaya satu inkues diadakan bagi mengenalpasti punca sebenar kematianya.

“Selain itu, pihak polis juga pada 31 Januari lalu telah memberi kebenaran kepada keluarga mendiang untuk melantik seorang pakar bebas bagi menjalankan bedah siasat kali kedua bagi mengenal pasti punca sebenar kematian.”

“Tetapi, tindakan pemimpin-pemimpin Pakatan Rakyat melambatkan bedah siasat kedua oleh pakar bebas adalah amat mencurigakan kerana motifnya adalah untuk meraih simpati dan juga mengelirukan masyarakat India,” kata Mohan.

“Ia sudah dua minggu, di mana mendiang sudah sepatutnya diberikan upacara terakhir tetapi pemimpin-pemimpin pakatan Rakyat masih lagi menggunakan mendiang bagi tujuan politik,” tambah beliau.

Mohan juga berkata pemuda MIC juga kesal kerana pemimpin-pemimpin Pakatan Rakyat telah menolak inkues yang dicadangkan.
Kami percaya bahawa inkues ke atas kematian Sugumaran penting bagi mengenalpasti punca kematian, tambah Mohan.

PKR kecam ‘samseng’ Umno ganggu program Anwar

Mereka memang berniat untuk mengganggu dan menggagalkan program tersebut, kata Ketua Penerangan PKR negeri, Hairiz Nordin.

JASIN: PKR mengecam tindakan ‘samseng’ Umno yang menganggu tiga program Datuk Seri Anwar Ibrahim di Taman Melaka Perdana, Alor Gajah, petang semalam.

Tiga program tersebut ialah di Alor Gajah, Jasin dan Tanjung Keling, kata Pengarah Pilihanraya PKR Melaka, Mohd Yusof Abdullah.

Di pesta Ponggal di Alor Gajah, lebih 30 samseng berkumpul kira-kira 50 meter dari tapak program dan menaikkan sepanduk provokasi serta memaki hamun dengan kata-kata kesa.

“Mereka memang bernait untuk menganggu dan menggagalkan program tersebut,” kata Ketua Penerangan PKR negeri, Hairiz Nordin.

Bagaimanapun, kata Hairiz tidak ada kejadian buruk berlaku kerana penyokong Pakatan Rakyat tidak menghiraukan provokasi mereka.

Tetapi, katanya, apa yang memalukan ialah program anjuran PKR ini dibuat di rumah individu dan tidak menganggu orang awam.

“Pihak kami juga sudah mengadakan perbincangan dengan pihak polis mengenai program tersebut dan difahamkan polis telah memberitahu kumpulan berkenaan supaya jangan membuat sebarang gangguan,” katanya.

Manakala Mohd Yusof menegaskan, gangguan berterusan terhadap program pembangkang menunjukkan mereka takut kebangkitan rakyat Melaka.

Katanya, sebelum ini program PKR Jelajah Merdeka juga diganggu di Melaka.

Hisham: Don’t play with racial and religious issues

http://starstorage.blob.core.windows.net/archives/2013/2/4/nation/hishammuddin-fish-fry-n04.jpg(The Star) - The Government will not hesitate to take action against those who sensationalise racial and religious issues, said Home Minister Datuk Seri Hishammuddin Hussein.

Without naming any individual or group, he said the Government had the right to take legal action against anyone who jeopardised national harmony.

“More baseless allegations linked to racial and religious issues will surface with the upcoming general election.

“If such matters are proven wrong, we will not hesitate (to take action) as the laws are there,” he told reporters after launching the My Beautiful Malaysia Day programme in Batu Berendam here yesterday.

Also present were Domestic Trade, Cooperatives and Consumerism Minister Datuk Seri Ismail Sabri Yaakob, Malacca Chief Minister Datuk Seri Mohd Ali Rustam and other state leaders.

Hishammuddin said that recent allegations against agencies such as the police force and National Registration Department were made to divert people's attention from the good things that were taking place in the country.

He cited the claims of 300,000 Indians being stateless and the sending of uncollected identity documents to Sabah, which he said were untrue.

“The rakyat must not be manipulated and become angry or emotional before finding out the truth.

“We must be wise to see the current political scenario by remaining calm, followed by investigation before action,” he added.

He also called on Malaysians to focus on the “bigger national agenda” instead of getting themselves carried away with baseless accusations and politics of hatred.

Farmer Suicides in India


This bitter Earth
This bitter Earth
(Asia Sentinel) The woes of Vidarbha
On January 14, during Makar Sankranti, a major festival, when India's farming community traditionally conducts elaborate rituals to celebrate a bountiful harvest, two young farmers committed suicide in the Vidarbha region of southern Maharashtra.

Caught in the complex interplay of spiraling debt, failed crops and governmental apathy, cotton farmers Ramu Shende, 37, and Sanjay Mahurle, 36, killed themselves by drinking pesticide.

The two deaths also set in motion the farm suicide spiral with which Vidarbha grapples every year. In the first month of this year alone, for instance, mounting debt and distress due to crop losses have claimed the lives of 10 farmers, which led the region's farm widows and bereaved families to mark Republic Day (January 26) as `Black Day'.

Not for nothing is Vidarbha dubbed India's `farmer suicide capital'. However, over the past few years the area has been reeling under its worst agrarian crisis ever. leading to an escalation in the number of suicides. In 2006, 1044 farmers killed themselves in the impoverished region while last year, 1,000 suicides were recorded.

According to a study conducted by the Indira Gandhi Institute of Development Research, Mumbai, the major drivers are debt, crop failure and low returns, illness of family members, failure to arrange marriage of daughters and a lack of alternative sources of income.

Although farmers kill themselves in other Indian states as well (Andhra Pradesh, Punjab, Karnataka and Orissa), Vidarbha's case unique because falls in Maharashtra, one of India's most prosperous states. The region is famous for growing oranges and cotton, apart from being rich in minerals, coal, forests and mountains. Ironically, it has always been underdeveloped with its full potential untapped despite holding two-thirds of Maharashtra's mineral resources, three quarters of its forest resources and being a net producer of power.

Largely due to neglect from the state government and its lackluster political leadership, in recent times, there have been increasingly strident calls for a separate state of Vidarbha. Farmers' living conditions are so poor that more than 32,000 farmers have killed themselves in Maharashtra in a decade, of which 70 percent have taken place in the 11 districts of Vidarbha.

Governmental apathy only makes things worse. According to a report by the Tata Institute of Social Sciences, Mumbai, last year when the government announced relief packages for the affected families, there was hardly any visible or transformative effect on suicide behavior. Farmers attribute this to the fact that none of their concerns are ever factored into the design of any of the rehabilitation measures.

In April 2007 Green Earth Social Development Consulting produced a report after doing an audit of the state and central government relief packages in Vidarbha. The report's conclusions were that inputs were not sought from any of the stakeholders ? neither the farmers nor civil society organizations, local government bodies nor the panchayats or local administrative units.

The relief packages, said the report, were mostly amalgamations of existing schemes. "Apart from the farmer helpline and the direct financial assistance, there was scarcely anything new being offered. Pumping extra funds into additional schemes shows that no effort was being made to solve a situation where existing measures had obviously failed," noted the report.

Against the backdrop of such state neglect, it is hardly surprising that despite the government's own assessment of 4.2 million hectares of Vidharbha's land being "badly affected," none of the districts in the region are covered in the recent U$1 million relief aid announced by the Centre.

"Farmers are losing faith in the government due to its failure to design and implement effective pro-poor policies for the small farmers who survive on agriculture," said Balkrishna Hedge, who works with a local NGO. "The administration offered financial relief packages only to the families of deceased farmers who were unable to manage payments on their bank loans. But this alone isn't sufficient."

The activist added that the government needs to put in place a monitoring system to identify vulnerable farmers, offer them timely help and institutional finance and crop insurance. It is an open secret that in the absence of institutionalized finance, the farmers are forced to borrow money from private money lenders at exorbitant interest rates.

Activist Kishore Tiwari of Vidarbha Jan Andolan Samiti, which is fighting for farmers' rights, said the government's skewed priorities are responsible for the dire state of affairs. "Government ministers are spending millions on the 'Advantage Vidarbha' meet to attract investment into the region. The Opposition parties are also arranging 'Agro Vision' on a massive scale to lure foreign investors. However, while grand preparations are on for both events this month at Nagpur, nobody has bothered to visit the crisis-ridden farmers," Tiwari said.

The problem, he added, is that farmers trapped in debt spirals are not finding a way out. "Unless the government wakes up to this crisis, the coming summer could see many more farmers losing their lives," he said.

In the absence of procurement of crops at a minimum guaranteed price, farmers are being forced to offload their crops at throwaway prices, resulting in heavy losses. The cultivation cost has almost doubled this year due to a dramatic upward spiral in the prices of seeds, fertilizers, pesticides and labor rate whereas the market prices of cash crops, like raw cotton and soyabeans have gone south.

Similarly, while the cotton crop has failed once again (third time in a row), the government has done nothing to protect the cotton growers who are now forced to sell raw cotton at throwaway prices because of abysmal demand.

Experts say there is critical need for a comprehensive intervention to ensure self reliance and capacity building among farmers in modern farming techniques, monitoring and support system for vulnerable farmers and a village-level, transparent system for disbursement of relief packages to improve the situation.

From strengthening institutions that provide credit, seeds and fertilizers and ensure a reasonable minimum support price for agricultural produce to building infrastructure for irrigation, a raft of issues need to be tackled, they say.

"There is also a crying need for a human touch. The National Mental Health Program at primary health care level needs to be fortified to offer support and counseling to vulnerable farmers in the area," said a volunteer.

Pakatan mahu tingkat kebajikan anggota tentera, polis – Anwar

IMG_6229
MELAKA 4 FEBRUARI: Nasib anggota tentera dan polis serta badan pencegahan jenayah tidak akan diabai apabila Pakatan Rakyat diberi mandat mentadbir negara, kata Datuk Seri Anwar Ibrahim.

Beliau berkata, kebajikan badan itu sama ada masih berkhidmat atau bersara akan diberi setimpal dengan pengorbanan menjaga keselamatan negara.

“Pakatan tidak mahu tentera dan polis dianak tiri kerana mereka juga rakyat. Dalam program, kita peruntukkan beberapa kemudahan yang bakal dinikmati mereka.

“Kita tidak mahu ada antara mereka terpaksa tinggal di rumah setinggan tanpa keperluan asas secukupnya seperti yang berlaku dalam pemerintahan Umno BN.

“Bekerja tidak kira siang atau malam, di tengah-tengah panas, patutnya ada insentif tambahan untuk mereka,” kata Ketua Umum KEADILAN itu.

Berucap pada majlis Hi-Tea bersama 500 rakyat di Kampung Gangsa, Durian Tengah, petang semalam, Anwar berkata, jasa dan pengorbanan polis dan tentera tidak boleh sama sekali dipandang rendah.

“Tentera seolah-olah tiada nilai di mata Umno BN apabila wang mereka dalam Lembaga Tabung Angkatan Tentera (LTAT) dirompak, kemudian diserah kepada Ketua Wanita Umno Selangor, Raja Roopiah.

“Dia kebas duit berjuta-juta, dapat tanah seluas 223 ekar, tentera dapat apa? Inilah contoh pemimpin yang tidak jujur. Demi mengkayakan sesama sendiri, sanggup mencuri dana tentera” katanya.

Turut hadir Pengerusi Majlis Pimpinan KEADILAN Melaka, Shamsul Iskandar Mohd Akin; Ahli Dewan Undangan Negeri (Adun) Ayer Keroh, Khoo Paoy Tiong dan Pesuruhjaya Pas Melaka, Adly Zahari.

Short URL: http://www.keadilandaily.com/?p=443

66-Day Countdown to 13GE – Why only aim at 60,000 people for Psy’s “Oppa Gangnam Style” performance on CNY in Penang, should aim for 100,000 or even 250,000 people from Penang, all over Malaysia and neighbouring countries for the sensational event with Psy

The hot topic among Malaysians regardless of race, age and gender throughout the country second day in running is still Psy and his global hit “Oppa Gangnam Style”, especially the reported cost of RM3 million to bring the South Korean superstar to Penang to ensure a turnout crowd of 60,000 people for the Chinese New Year Open House of the Prime Minister, Datuk Seri Najib Razak.

Let all Malaysians have a great day and enjoy themselves with Psy and “Oppa Gangnam Style” in Penang on the second day of Chinese New Year on Feb. 11.

In fact, why only aim at 60,000 people and not go for 100,000 people or even 250,000 people from Penang, all over Malaysia and the neighbouring countries to make the sensational event with Psy really historic and memorable?

It will be really historic if Psy’s premier appearance in Malaysia can also inspire Malaysians to emulate South Korea to pull the country from its bootstraps to undertake a genuine national transformation in governance, politics, economics, education and nation-building to enable Malaysia to take a quantum leap in all aspects of national life in the second Merdeka of Malaysia.

Let Psy’s visit to Malaysia mark the beginning of a national debate and soul-searching as to how South Korea, from a country poorer and more backward than Malaysia more than 50 years ago when we achieved Merdeka, succeeded in catapulting itself into an economic power-house which is now much wealthier than Malaysia, with a per capita income two to three times higher than Malaysia, and more advanced than Malaysia in all fields of human endeavour.

The following 18-year series of Transparency International (TI) Corruption Perception Index (CPI) provides key to this answer:


Transparency International Corruption Perception Index
Year Malaysia South Korea
Rank Score Rank Score
1995 23 5.28 27 4.29
1996 26 5.32 27 5.02
1997 32 5.01 34 4.29
1998 29 5.3 43 4.2
1999 32 5.1 50 3.8
2000 36 4.8 48 4.0
2001 36 5.0 42 4.2
2002 33 4.9 40 4.5
2003 37 5.2 50 4.3
2004 39 5.0 47 4.5
2005 39 5.1 40 5.0
2006 44 5.0 42 5.1
2007 43 5.1 43 5.1
2008 47 5.1 40 5.6
2009 56 4.5 39 5.5
2010 56 4.4 39 5.4
2011 60 4.3 42 5.4
2012 54 49/100 45 56/100
[From 1995 to 2011, the scale from 10(very clean) to 0(highly corrupt) was used, which is now replaced to a scale 0 – 100 from 2012]
The 18-year annual TI CPI series 1995-2012 show:
  • For the first 11 years from 1995-2005, Malaysia was ahead of South Korea in being perceived as more clean and less corrupt than South Korea, even reaching a difference of 18 rankings in 1999, representing a difference in score of 1.30.
  • South Korea beat Malaysia in 2006, with 42nd ranking as compared to Malaysia’s 44th ranking, and after a draw in 2007 with both ranked in 43rd placing with 5.1 score, South Korea has never looked back in getting better ranking and score in the five years from 2008 – 2012, even beating Malaysia with a return difference of 18 places in 2011.
  • Malaysia’s TI CPI ranking and score in the past four years (2009 – 2012), which are the years under the premiership of Datuk Seri Najib Razak, are the worst in the past 18 years; while South Korea’s ranking and score for the past four years are among the country’s best in the series.
  • The lesson is clear. In the past 18 years, and particularly in the past four years, South Korea’s governance in transparency and accountability have been successful in restoring public trust by turning back the tide of corruption while the reverse is the case in Malaysia.
    This is one lesson Malaysia must learn from South Korea. Are Malaysians prepared to do so?

Deepak won’t assist Bala’s SD probe yet, says Bar chief

The Malaysian Insider
by Ida Lim


KUALA LUMPUR, Feb 4 — Carpet dealer Deepak Jaikishan has declined to help the Bar Council investigate a possible professional misconduct in a murder trial witness’ sworn statement despite making the allegation, says its president Lim Chee Wee.

Despite the lack of witnesses, Lim said the council has issued letters to several people to help its queries but he did not name those asked to explain their role in private detective P. Balasubramaniam second statutory declaration (SD) over the 2006 murder of Altantuya Shaariibuu.

Balasubramaniam later repudiated the second SD.

“It is unfortunate that despite our request for assistance, Deepak Jaikishan has decided not to assist in the enquiries until after March 16, 2013 and that no one has stepped forward to assist us by disclosing the relevant facts regarding this issue,” Lim (picture) wrote in an email to The Malaysian Insider.

When contacted over the phone, Lim said that Deepak had said “he only wants to deal with the new Bar Council president” who will come into office this March 16.

Lim also confirmed in the same phone conversation that the Bar Council had in the course of making enquiries asked a senior lawyer, believed to be Tan Sri Cecil Abraham who has been alleged to be involved in the drafting of the SD, “to explain” his role in the matter.

In the email, Lim said: “The Bar Council has started making the necessary enquiries by issuing various letters to relevant persons whom we believe would have knowledge of facts and seeking their explanation/assistance.

“Such explanation/assistance would assist us to determine whether there is any prima facie evidence of professional misconduct surrounding the preparation of the Second SD.”

Lim said the council would lodge a complaint to the disciplinary board (DB) — the ultimate adjudicating body for complaints against lawyers — if prima facie evidence of misconduct is found.

“Of course, there is nothing to stop anyone else equally concerned with this matter to lodge a complaint to the DB.”

When asked, Lim said the Bar Council makes all its decision itself, before saying that the idea of having a committee of eminent persons to advise the body in this matter was considered, but was then dropped.

“The senior lawyer who we are appointing to advise us is equally eminently suited to do so,” he wrote.

Lim did not name the senior lawyer, but said the external counsel or the non-member of the Bar Council will be advising the body after it finishes its enquiries.

“After completion of enquiries, the Bar Council with the assistance of the advice of this senior lawyer will make a decision on whether there exists prima facie evidence justifying a complaint,” he wrote.

Lim said the council would not disclose details at the stage of enquiries. The disciplinary process starts only when a complaint is lodged with the DB.

“Disciplinary proceedings including the enquiries made by the Bar Council are confidential (unless an adverse finding is made against the lawyer) because the lawyer is presumed to be innocent until a decision is made by DB,” Lim wrote in explaining how the disciplinary process works.

“As and when necessary in public interest matters, BC (Bar Council) has in the past revealed information on the status of the proceedings, e.g. disciplinary proceedings regarding VK Lingam,” he added.

Throughout the emails and phone conversation, Lim did not mention Abraham’s name.

A cloud of mystery has hung over the identity of the lawyer who drew up Balasubramaniam’s second SD, dated a day after his first on July 3, 2008, regarding Altantuya’s 2006 murder, for which two elite police commandos have been convicted and are facing the death sentence. 

Balasubramaniam’s lawyer Americk Singh Sidhu had previously said M. Arunampalam’s role as the lawyer who had drafted the investigator’s second SD had been dispelled by well-connected businessman Deepak, who is also at the centre of the controversy surrounding Balasubramaniam’s two SDs. 

Americk said Deepak had cleared Arunampalam whom the carpet dealer had engaged to handle his property transactions previously as a likely candidate for drafting the second SD. 

He pointed out that only a handful of lawyers would have access to a prominent personality named in Balasubramaniam’s SDs, out of the 14,000 members of the Malaysian Bar. 

Abraham, who has been linked to the second statutory declaration, has refused to comment on his alleged role in preparing the document.

Malaysia: Backsliding on Rights

Image This post is reproduced from here.

Rights to Free Expression, Peaceful Assembly Take Hits

FEBRUARY 1, 2013

(Bangkok) – Prime Minister Najib Razak’s promised reforms did not significantly improve legal protections for basic liberties in Malaysia, Human Rights Watch said today in its World Report 2013. Press restrictions, the use of excessive force against peaceful demonstrators, and intimidation of rights groups exposed the limits of government adherence to internationally recognized human rights.  

In its 665-page report, Human Rights Watch assessed progress on human rights during the past year in more than 90 countries, including an analysis of the aftermath of the Arab Spring.

In Malaysia, Human Rights Watch said, government respect for basic rights and liberties is likely to be tested in the run-up to national parliamentary elections, which must be held no later than June 2013. 

“The Malaysian government’s promised human rights agenda fell far short in practice in 2012,” said Phil Robertson, Asia deputy director at Human Rights Watch. “As elections approach, the government will need to demonstrate its willingness to uphold the rights of all citizens, whatever their political views.”

On April 28, 2012, tens of thousands of peaceful protesters were met by water cannon, teargas, beatings, and arrests during a march and sit-in led by Bersih, a coalition of civil rights organizations, to demand clean and fair elections. A government committee set up to investigate the incident has done little to shed light on the actions of the authorities on that day. Negotiations between the police and a coalition of opposition political parties and activist groups resulted in a peaceful gathering of the “People’s Uprising Rally” in Merdeka Stadium in Kuala Lumpur on January 12, 2013.

Revisions to longstanding abusive laws had less of an impact on the ground than was hoped, Human Rights Watch said. The replacement of section 27 of the Police Act by the Peaceful Assembly Act did not rescind the absolute power of the police to grant permits for demonstrations. Instead the new law allows police to effectively outlaw marches by prohibiting “moving assemblies” by declaring innumerable sites off limits, and by giving the police the power to set time, date, and place conditions. The People’s Uprising Rally organizers agreed to 27 conditions – including on appropriate slogans – before their rally got approval, and the government is currently investigating compliance with three of the conditions.

In another legal reform that fell short of international standards, the Malaysian government repealed the infamous Internal Security Act (ISA), and substituted the Security Offenses (Special Measures) 2012 Act (SOSMA). SOSMA reduced arbitrary detention to 28 days instead of the indeterminate period permitted under the ISA but added new infringements of rights. The law’s definition of a security defense is overbroad. Police, rather than judges, have the power to authorize communication intercepts, and prosecutors can utilize information as evidence without disclosing sources. Moreover, should a suspect be acquitted and the state appeal that decision, the acquitted suspect may be detained in prison or tethered to a monitoring device until the appeal is settled, a process that could take years. 

Government harassment of human rights defenders continued in 2012, Human Rights Watch said. In response to spurious allegations by Jaringan Melayu Malaysia, an organization with close ties to Malaysia’s leaders, the government pursued a politically motivated investigation of Suaram, a leading Malaysian human rights organization in operation since 1989. At least six government agencies are seeking to find Suaram’s registration and operations illegal. Investigators have harassed staff and supporters, and threatened them with arrest while government politicians and government-controlled media outlets have publicly attacked the organization. On September 3, a week before investigations had begun, a government minister accused Suaram of keeping “highly suspicious” accounts and said that “99.4 percent” of its activities were “money collecting.”

Groups supporting the rights of lesbian, gay, bi-sexual, and transgender (LGBT) people fared even worse, Human Rights Watch said. In two speeches in 2012, Prime Minister Najib condoned discrimination by singling out the LGBT community as a threatening “deviant culture” that “would not have a place in the country.” Not only was the annual Seksualiti Merdeka (Sexual Diversity, in English) festival canceled in 2012 amidst ongoing intimidation of the LGBT community, but a court refused a judicial review of the police ban on the 2011 festival, a decision that festival organizers say leaves future festivals in legal limbo.

“The Malaysian authorities should respect the fundamental rights of non-discrimination and equality, and stop demonizing people based on their sexual orientation or gender identity,” said Boris Dittrich, advocacy director for the LGBT program at Human Rights Watch.

Reforms to freedom of the press also proved to be less than anticipated, Human Rights Watch said. The Printing Presses and Publications Act was amended, dropping the requirement for annual licensing of publications and ending the Home Affairs Minister’s power to award or rescind publishing licenses without court review. However, the revised law still requires that new publications obtain initial approval, and licenses still may be arbitrarily revoked.

The government appealed a 2011 Kuala Lumpur High Court ruling that a “license to publish is a right, not a privilege,” therefore requiring review of the government’s “improper and irrational” unwillingness to issue a license to the largest on-line newspaper, Malaysiakini, to publish a daily print edition. 

An amendment to the Evidence Act provides that computer owners and operators of computer networks are publishers and thus responsible for the content displayed on their screens unless they could prove they had nothing to do with the content. This raises concerns about the presumption of innocence as well as free expression.

Malaysian police appear to routinely violate the rights of persons in custody, Human Rights Watch said. Police personnel have employed unnecessary or excessive force during demonstrations, while carrying out arrests, and in police lockups. Deaths in custody, routinely attributed to disease, go uninvestigated, suspects are beaten to coerce confessions, and criminal suspects die in suspicious circumstances during apprehension by police. Alleged police abuses go uninvestigated.

Malaysian immigration law still does not recognize refugees and asylum seekers, and prohibits them from working and their children from going to school. Unauthorized migrants face arrest and detention in unsanitary and overcrowded immigration detention centers, and caning for violating the immigration law. Anti-trafficking efforts conflate human trafficking with people smuggling, and punishes rather than protects trafficking victims by holding them in inadequate, locked shelters that resemble detention centers rather than care facilities. The government continues to do little to protect migrant domestic workers from beatings and sexual abuse by their employers.

“Numerous sectors of Malaysia’s economy depend on migrant workers, yet Malaysia continues to treat them as disposable people who can be used and abused,” said Robertson. “The government should fully respect migrant workers’ rights and stop re-victimizing those who have been trafficked to Malaysia.”

Reject All Ideologies That Deviate From Islamic Teachings - Muhyiddin

SERDANG, Feb 4 (Bernama) -- Deputy Prime Minister Tan Sri Muhyiddin Yassin called on Muslims in this country to reject all ideologies that deviate from true Islamic teachings as these could threaten faith in the religion and disrupt harmony.

"It is unfortunate if Muslims are allowed to be disunited all because a section of the Muslim community is influenced by deviant ideologies," he said.

Speaking at the opening of the Islamic Education Teachers National Conference here, he stressed the importance of strengthening unity among the ummah (Muslim community) to enjoy all the blessings from Allah.

He said the Muslim community should stick to oneness of heart, thinking, goals and in practices guided by the teachings of the Quran and Sunnah (specific words, habits, practices and tacit approvals ascribed to Prophet Muhammad).

In this regard, Muhyiddin who is also Education Minister, said the more than 52,000 Islamic Education teachers in the country could play a more active role in disseminating true Islamic teachings to society.

"They should be more active in delivering the Islamic message based on the Quran and Sunnah and in guiding the community towards truth," he said.

On Islamic Education development, Muhyiddin said the government was working at making the Dini and Tahfiz syllabi as part of the national curriculum.

He said the matter was still being studied and when approved, the ministry would provide qualified teachers, besides assistance in the form of grants, textbooks and systematic assessment for both fields of study.

Muhyiddin noted that the ministry had also recruited 3,384 Jawi, Quran, Arabic and Fardu Ain (J-QAF) teachers to fill the vacancies in 2,054 schools.

He said that 26 Sekolah Agama Rakyat (public religious schools) and Sekolah Agama Negeri (state religious schools) had changed their status to Sekolah Agama Bantuan Kerajaan (government-assisted religious schools), bringing the total number now to 195.

Meanwhile, Muhyiddin urged all quarters to play their role to ensure the success of the National Education Development Blueprint 2013-2025 in facing the challenges.

"To compete with the most developed countries in the world, our education system should be able to produce a knowledgeable, critical and creative thinking young generation with good leadership skills and the ability to communicate effectively at the global level," he said.

Candlelight vigil for Sukumaran at Kajang police station

Another reason why we need the Independent Police Complaints and Misconduct Commission (IPCMC) as people gather to protest the death of Sukumaran who was found dead and handcuffed after a few police personnel and bystanders had chased him down a street. 

Monday, 4 February 2013

Vishwaroopam ban lifted


Kamal Haasan addressing the media at his Alwarpet residence in Chennai. File photo: R. Ragu
Kamal Haasan addressing the media at his Alwarpet residence in Chennai. File photo: R. Ragu
A day after an accord was reached between actor Kamal Haasan and Muslim organisations, the authorities on Sunday ordered lifting of the ban on screening the Tamil film, Vishwaroopam, in Tamil Nadu.

In Chennai, the ban, imposed under Section 144 of the Cr. PC, was lifted by Police Commissioner S. George, while in other parts of the State, it was left to Collectors to do so.

Mr. George told The Hindu that “we have assessed the situation. As the two parties have arrived at an understanding, we are sure that there will not be any agitation. Hence we have revoked the ban.”
  • The Hindu Kamal Haasan addressing the media at his Alwarpet residence in Chennai. File photo: R. Ragu
  • Even as the ban on Vishwaroopam is lifted in Tamil Nadu, the movie has been drawing Kamal Haasan fans to Sree Dhanalakshmi theatre in Velanthavalam, a Kerala town located less than a kilometer from the the inter-State border. Photo: K. Ananthan
    The Hindu Even as the ban on Vishwaroopam is lifted in Tamil Nadu, the movie has been drawing Kamal Haasan fans to Sree Dhanalakshmi theatre in Velanthavalam, a Kerala town located less than a kilometer from the the inter-State border. Photo: K. Ananthan
  • In this January 30, 2013 photo, Kamal Haasan fans pour milk on his cutout at a movie hall in Madurai. The ban on “Vishwaroopam” was lifted in the State on Sunday.

Pornthip ready for autopsy in Sugumar case

The family of C Sugumar, the security guard allegedly killed on Jan 23, has requested the services of renowned Thai pathologist Dr Pornthip Rojanasunand to carry out an independent post-mortem at Serdang Hospital.

NONELawyer N Surendran (right) said in a statement that letters have been sent to Prime Minister Najib Abdul Razak, Health Minister Liow Tiong Lai and the Health Ministry’s director-general to issue authorisation.

“The family is exercising the right to an independent second post-mortem examination to ascertain the true cause of Sugumar's death and has requested Pornthip to carry it out,” he said.

“(She) has indicated to us that she is prepared to carry out the second post-mortem examination.”

Pornthip had observed the second post-mortem on DAP political aide Teoh Beng Hock, who died inb 2009 after a “fall from height” from the Selangor headquarters of the Malaysian Anti-Corruption Commission in Shah Alam.

Unlike in Teoh's case, Pornthip is reported to want to perform the second autopsy on the security guard herself, while others would be allowed to observe.
'Gov't pathologist can observe post-mortem'

Surendran said Pornthip (below) must be given access to facilities to carry out the second post-mortem at a government hospital and must be allowed to conduct it herself.

NONE“We have no objection to a government pathologist being allowed to observe the procedure.
“We call upon Najib and the other relevant authorities to respond immediately to this request, as the family are unable to carry out the last rites until the second post-mortem is concluded,” he said.

It was reported that Sugumar was handcuffed by the police and had turmeric powder smeared on his face, before being assaulted by the public and police.

Three eye-witnesses to the event have given their statements to the Petaling Jaya district police headquarters claiming they saw a police officer placing his boot on Sugumar's neck, while the security guard was seen struggling to free himself.

Following the first post-mortem, the cause of Sugumar's death was listed as ‘blockage in his heart’.

However, the eye-witnesses claimed that no first aid was given or resuscitation attempts made on the victim at the scene.

Najib was also said to have taken an interest in the case, with reports saying he had directed that the first post-mortem report be sent to cabinet.

PKR veep: PM's Indian gifts are a dabble in dreams

PKR vice-president N Surendran described the raft of measures for the improvement of the lot of Indian Malaysians announced by Prime Minister Najib Abdul Razak as "dabbling in Bollywood-style theatre, rather than dealing with the sorry realities on the ground".

The human rights lawyer, who heads his party's campaign to enable several thousand stateless people in Malaysia obtain the citizenship papers vital for their right to education, employment and healthcare, said:

"When thousands who are eligible for citizenship by virtue of the operation of the law do not have the basic papers enabling their entry into civil society, what is the point of the prime minister's pledges of increased equity and more funding for Tamil schools?"

NONESurendran (right) said Najib was resorting to lulling Indian Malaysians with pledges of socio-economic advancement in the future to gain their votes for his survival as PM in the coming general election.

"The sordid realities on the ground for thousands of Indian Malaysian cry out for immediate improvement, changes that could be worked with a stroke of the prime ministerial pen," Surendran said.

"But we don't see that.

"Instead, we hear pledges that refer to a future that cannot mean much to thousands of people who exist in a helpless zone, wholly removed from the realm where they could access the promises pledged by the prime minister."
Surendran said this in an immediate response to Najib's raft of measures for Indian advancement, announced at a Ponggal gathering at Dataran Merdeka last Saturday night.

A blot on criminal justice system

Surendran said Najib "must put first things first by seeing to it that thousands of the stateless in Malaysia are given the right of initial access to the basic goods of education, employment and healthcare."

NONE"This is the pressing need of the hour, especially after revelations at the ongoing royal commission of inquiry into how illegal migrants in Sabah have obtained citizenship, which renders the situation of the stateless elsewhere in the country wholly intolerable," argued Surendran.

The lawyer also claimed that the continuing saga of deaths in custody was "a blot on our criminal justice system that largely impacts on Indian Malaysians".

Surendran has in recent years been prominent in taking up custodial death cases such as the A Kugan case and, in the last fortnight, the C Sugumar case in Hulu Langat, both of which drew national media attention.

Hospital: Pakistani teen activist Malala awake, talking after successful surgeries


London (CNN) -- Pakistani teen activist Malala Yousufzai was in stable condition at a British hospital on Sunday after undergoing surgeries to repair her skull and help her hearing, officials said.

"Both operations were a success and Malala is now recovering in hospital. Her medical team are 'very pleased' with the progress she has made so far," the Queen Elizabeth Hospital in Birmingham said in a statement. "She is awake and talking to staff and members of her family."

Saturday's five-hour surgeries were the latest step on a long road to recovery for Malala, who was shot in the head and neck by Taliban gunmen in October for speaking out in favor of education for Pakistani girls.

Last week doctors said they would use a titanium plate to cover an opening in her skull, and give her a cochlear implant to partially restore hearing in her left ear.

The plate was necessary to replace a section of her skull about the size of a hand, which doctors removed to relieve swelling after the shooting. And the inner ear implant will restore some function to her damaged ear, doctors said last week.

The 15-year-old became an international symbol of courage after she was shot by Taliban gunmen last fall for her crusade about girls going to school.

She had blogged fearlessly about girls' education and accused the Taliban of thriving on ignorance. The Taliban forbid girls in the classroom and have threatened to kill anyone who defies them.

Malala was in a school van on October 9 when the gunmen stopped the vehicle and shot her at point-blank range.

She was flown to the British hospital six days later.

Doctors there discharged her last month, and she has been recovering with her family at a temporary home nearby. Her father, who had been an educator in Pakistan, is now employed at the Pakistani Consulate in Birmingham.

On Sunday, officials said Malala would remain hospitalized until she is well enough to be discharged.

CNN's Ben Brumfield, Laura Smith-Spark and Per Nyberg contributed to this report. 

BN man gives ‘evil’ Dr M a tongue lashing

Seeing red over the former premier's call for Najib Tun Razak to quit if he does not secure a two-thirds majority, S Vell Paari fires a vitriolic salvo.

PETALING JAYA: Dr Mahathir Mohamad’s call on Prime Minister Najib Tun Razak to relinquish his post if he is unable to secure a two-thirds majority for Barisan Nasional in the next election has ruffled the feathers of a ruling coalition leader.

Without mincing his words, MIC strategy director S Vell Paari fired a vitriolic salvo on the former premier’s “evil actions” during his 22-year tenure in office.

He also reminded Mahathir that his constant rantings and his association with groups like Perkasa were among the main resons why Najib would find it difficult to obtain the desired majority.

“Was it not Mahathir who said ‘even if I win by one vote, I would still rule’. Was it not Mahathir who said ‘under the Westminster (British) parliamentary system even if we win by one seat, we would continue to rule’.

“Mahathir defeated Tungku Razaleigh by a mere 43 votes (in the Umno election). Did he not continue to rule for another 15 years. So why should Najib resign?” he asked.

To illustrate his point further, Vell Paari quoted the words of the “great soul” Mahatma Gandhi to criticise the “not so great soul” Mahathir.

Gandhi, he quoted, said that the spirit of democracy was not a mechanical thing to be adjusted by abolition of forms and that it required a change of heart.

“Mahathir treated democracy as a mechanical object that he could control to suit his whims and fancies via policies of racism and inequality to remain in leadership,” he told FMT.

Taking a swipe at the former premier for criticising his successor Abdullah Ahmad Badawi’s leadership, Vell Paari said the latter inherited a government that was replete with Mahathir’s “evil policies”.

“Abdulllah returned sanity into the government via a change from dictatorship to freedom,” he added.

Quoting Gandhi, who said that leadership at one time meant muscles, but today meant getting along with the people, Vell Paari said Mahathir ruled with an iron fist, using the courts and draconian laws against citizens and political opponents.

“Abdullah brought back justice and independence into our justice system when he compensated the judges who were victimised by Mahathir.

“Najib, on the other hand, introduced the 1Malaysia concept to cement racial ties while Mahathir continues to drive a wedge between the people to remain relevant. Najib also repealed the draconian laws which Mahathir used to silent dissent,” he added.

The ‘evil Mahathirism’

Vell Paari also recalled another quote from Gandhi, where he said that constant development was the law of

life, and a man who always tried to maintain his dogmas in order to appear consistent drove himself into a false position.

“Malaysians have evolved and want a better Malaysia. But Mahathir cannot accept this Malaysian renaissance of equality and he lives in an illusion of what he believes is the right Malaysia,” he said.

On the quote that one could imprison a body, but not the mind, Vell Paari said: “One does not have to be a rocket scientist to know who I am referring to, Mahathir’s favorite person called Anwar Ibrahim.”

“PKR would not exist if not for your action against Anwar. It is your actions that bolstered the opposition and not the doing of Abdullah or Najib,” he added.

Taking a swipe at the former premier over his role as the patron of Perkasa, Vell Paari said it was difficult for Mahathir to shun evil.

“This is because for 22 years, he used an evil ideology called ‘Mahathirism’ and now he refuses to give this up as shown by his support for Perkasa.

“But then we must give Perkasa credit that despite being a Malay extremist movement, it has been gracious enough to appoint a man with strong Indian roots as its patron,” he added on a sarcastic note.

Acknowledging that Mahathir had brought about development for this nation, Vell Paari however said that because of his actions, history would only remember his misdeeds.

“I firmly believe in the words of Najib that he is willing to right the wrongs made in the past, and so I am confident that Najib would undo the evil legacy of Mahathir to build a better Malaysia,” he added.

When pointed out that his father, former MIC president S Samy Vellu, was a staunch supporter of Mahathir, Vell Paari said MIC, like Malaysians who once venerated the former premier, had evolved.

Najib: I’ll increase Indians’ equity to 3%

He also says the government will consider providing full aid to qualified Tamil schools.

KUALA LUMPUR: Prime Minister Najib Tun Razak rolled out a list of pro-Indian policies before a large crowd gathered at the Ponggal festival celebration last night, including the pledge to increase Indians’ economic equity in the country to 3%.

He told some tens of thousands of Indians at Dataran Merdeka that his cabinet would also come out with three additional scopes of work with regards to the community.

“These are namely, to increase Indians’ equity to three percent, to provide access in higher education and to find ways to reduce crime rate and the involvement of Indians in crimes,” he said to a cheering crowd.

Though the latest Indian equity figure was unclear, it was reported that the Indian equity has dropped from 1.5% to 1.2% during the period of Eight Malaysia Plan (2001-2005).

The premier also promised to look into converting qualified partially-funded Tamil vernacular schools (SJKT) to be fully-funded. He did not explain how schools would qualify for this scheme.

He said he would discuss with Deputy Prime Minister Muhyiddin Yassin who is also the Education Minister about the possibility of converting these schools in stages.

“We would also set up pre-school facilities in all Tamil schools because pre-school education is important,” he said.

He added that his government would also award university college status to the MIC-run Tafe College in Seremban, and allocate funds to build 15 community centers and 15 crematoriums.

“The 13th general election will be held soon, I can assure you that I would not disappoint the expectation and aspiration of the Indian community.

“It’s important for us not to split vote to the opposition. If we stand united and vote for all BN candidates in the coming GE, and for sure we will conduct more reforms,” he told to rousing applauds.

Najib acknowledged that the challenges and problems faced by the Indian community must be given due consideration by the BN government.

“Please give me ‘nambikei’ (trust), please believe and have confidence in me. If you give me and the BN government ‘nambikei’ we will certainly do more for the success of the Indian community in the country,” he said.

The celebration, themed at “Otrumei Ponggal” (Ponggal Unity), saw two stages being erected in the iconic square and local artiste such as David Arumugam, Reshmonu and DJ Dave belting out a two-hour performance.

Banners had been hung all over the streets in KL a week ago calling for the Indians to join the huge rally with Najib.

“They don’t have to pay anything, just come here and enjoy,” said Taman Sri Plentong MIC branch chairman P Kauthaman from Johor Bahru.

Also present were Najib’s wife Rosmah Mansor, MIC president G Palanivel, Information, Communications and Culture Minister Rais Yatim, Federal Territories and Urban Well-Being Deputy Minister M Saravanan and Malaysia’s Special Envoy (Infrastructure) to India and South Asia, S Samy Vellu.

“Burkas for babies”: Saudi cleric’s new fatwa causes controversy

To protect baby girls from being sexually exploited, the Saudi cleric, Sheikh Abdullah Daoud, has called parents to make their female children wear the Islamic headscarf. (YouTube picture)
To protect baby girls from being sexually exploited, the Saudi cleric, Sheikh Abdullah Daoud, has called parents to make their female children wear the Islamic headscarf. (YouTube picture)

By Mohammad Alyousei - Al Arabiya

A Saudi cleric has called for all female babies to be fully covered by wearing the face veil, commonly known as the burka, citing reports of little girls being sexually molested.

In a TV interview on the Islamic al-Majd TV, which seems to date back to mid-last year, Sheikh Abdullah Daoud, stressed that wearing the veil will protect baby girls. The Sheikh tried to back his assertion with claims of sexual molestation against babies in the kingdom, quoting unnamed medical and security sources.

Recently picked up on social media, Sheikh Dauod’s statement prompted wide condemnation from his fellow Saudis on Twitter. Some tweeps called for the Sheikh to be held accountable because his ruling denigrates Islam and breaches individual privacy.

Sheikh Mohammad al-Jzlana, former judge at the Saudi Board of Grievances, told Al Arabiya that Dauod’s ruling was denigrating to Islam and Shariah and made Islam look bad.

Jzlana urged people to ignore unregulated fatwas and explained that there are special regulations set by the Saudi authorities to administer religious edicts and appoint those who are entitled to issue them.

He said that he feels sad whenever he sees a family walking around with a veiled baby, describing that as injustice to children.

Islamist threatens to attack Germany, Merkel: paper

(Reuters) - A German Islamist has threatened to attack Berlin this summer and kill Chancellor Angela Merkel in a video posted on the Internet, a newspaper reported on Saturday.

A spokesman for Germany's intelligence service, the Office for the Protection of the Constitution, confirmed its agents had seen such a video.

"This is an Islamist battle song. It is known to the security services and is being evaluated," said the spokesman.

Die Welt newspaper reported that a three-minute video had surfaced on the Internet with a German Islamist calling himself Abu Azzam, believed to be a radical Salafist who moved to Egypt last year.

"Looking back at an Arab spring, we are looking forward to a European summer," said Abu Azzam in the video, according to the newspaper.

"Osama, wait for us... We want to see Obama and Merkel dead," he was quoted as saying, adding that Germany's Reichstag parliament building would be subject to attacks like those on New York's World Trade Center in 2001.

German authorities have stepped up surveillance of Salafist groups who espouse a radical version of Islam. Germany is home to roughly 4,000 Salafists, a tiny proportion of the total Muslim population of about four million.

Germany's involvement in the NATO mission in Afghanistan has led to fears of an attack on German soil. Berlin is also supplying military transport planes to fly West African troops to Mali to help French and Malian forces fighting Islamist rebels.

(Reporting by Thomas Seythal; Writing by Madeline Chambers; Editing by Stephen Powell)

Is sharia immutable? — Asghar Ali Engineer

FEB 2 — It is believed by millions of Muslims across the world that sharia laws are immutable and represent divine will. This is based on serious misunderstanding. Sharia is not and cannot be immutable.

Recently I was invited to the Jaipur Literary Festival to be part of a panel discussion on the book “Heaven on Earth” by Sadakat Kadri of London, which is on the application of sharia laws across the Muslim world. He has travelled to different Muslim countries and talked to various ulama and muftis about sharia as applied to their respective countries.

All of them were defenders of conservative sharia formulations and refused to admit any change. They maintained that sharia being divine cannot be changed. It is from this rigidity of our ulama that the misunderstanding among common Muslims arises that sharia is divine and hence immutable.

In fact our ulama forget that ijtihad was not only permitted but encouraged by the Prophet of Islam (PBUH) and the hadith pertaining to Ma’adh bin Jabal is well-known. When the Prophet appointed him to the governorship of Yemen and he came to take leave of the Prophet, Ma’adh was asked how he would govern. Ma’adh said, according to the Quran. The Prophet thereupon asked what he would do if he did not find the solution to the problem in the Quran, to which Ma’adh said he would govern according to the Sunnah. But when the Prophet asked if he could not find it in the Sunnah also, Ma’adh said “ana ajtahidu” (I will exert myself to find the solution). The Prophet thereupon patted his back and told him he was right.

All ulama accept this hadith and yet, while theoretically admitting the permissibility of ijtihad, refuse to engage in it or allow it, saying there is no one capable of doing it. In fact, what is unalterable are the principles and values underlying sharia i.e. usul al-fiqh. But laws based on these usul must undergo change in keeping with changes in the social and cultural context. In fact cultural context plays a very important role in the formulation of sharia. The Arab adaat (customs and traditions) form an important part of sharia formulations.

The late Abdurrahman Wahid, who headed Indonesia’s religious organisation Nahdlatul Ulama and also served as president of that country, told me once that there was great debate among the ulama of Indonesia over whether Indonesian customs and traditions can become part of sharia as applicable in that country; those who advocated Indonesian adaat ultimately won.

Let us remember that what was called the Muslim ummah (community) during the Prophet’s time was limited to Arabia only. But when Islam spread to different areas the ummah was no more confined to the Arabs alone; it also encompassed the Iranians, Uzbeks, Turks, Chinese, Indians and others. Thus there were various linguistic and cultural groups within the fold of Islam.

Sharia was influenced by these factors. Thus the ummah was no longer a homogenous group but comprised various cultural communities with their own age-old customs and traditions.

However, the values, maqasid (intentions) and masalih (welfare) of human beings, did not change. Maqasid al-sharia and masalih al-sharia do not change, but in order to keep these values, maqasid and masalih intact, the rules framed by the ulama must change. When Imam Shafi’i moved from Hejaz to Egypt, which was a confluence of Arab and Coptic cultures, he realised this and changed his position on several issues.

However, what I am saying does not apply to ibadaat i.e. matters pertaining to worship, the world hereafter, etc but only to matters pertaining to mu’amalat i.e. interpersonal relations like marriage, divorce, inheritance and many other similar socio-economic matters.

The most important, of course, among these is matters pertaining to marriage, divorce, etc. In Jaipur I spoke mainly on women’s position in sharia and women’s position in the Quran.

The fact that the venue was packed with people shows the interest women’s position in general and that of Muslim women in particular generates. I commented that the book referred to earlier deals with only the status quo and application of sharia laws of patriarchal and feudalised Islamic societies. It very much misses what I call the transcendental Quranic vision. The Quran gives absolutely equal rights to man and woman without any discrimination.

However, the Quran was revealed in a highly patriarchal society which later also became feudalised when the caliphate turned into a feudal empire. Thus patriarchy and feudalism completely distorted the fundamental Quranic vision of gender equality and women’s individuality and dignity.

Unless we understand these sociological and cultural aspects and relate them to the theological one, we will miss the very revolutionary role which Islam wanted to play in totally transforming women’s status.

However, it is highly regrettable that Muslim societies could not produce ulama with the capacity to relate sociology with theology. Even in modern and post-modern societies our ulama totally lack a transcendental vision of Islam. They have become prisoners of the past and have frozen Islam in a feudal, patriarchal state.

We need theologians with vision to fulfil the Quran’s mission of going beyond the present which is full of injustice. Our society is replete with gender injustices and the Quran’s central value is justice — justice in all areas of life. Gender justice is as emphatically emphasised as justice in social and economic matters.

In order to emphasise gender justice it is high time that we produced female theologians with profound knowledge of the Arabic language. Even the most conservative ulama cannot oppose the concept of female theologians. — dawn.com

* Asghar Ali Engineer is an Islamic scholar who also heads the Centre for Study of Society & Secularism, Mumbai.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

High-powered Hamas team visits Anwar: Snub for Najib, growing recognition PR may win GE13

High-powered Hamas team visits Anwar: Snub for Najib, growing recognition PR may win GE13Opposition Leader Anwar Ibrahim welcomed a high-powered delegation from the Palestine led by Walid al-Moudi, the senior member of Hamas' political bureau, and Ahmad Al-Kurd, the former Palestine minister for social affairs to his PKR party headquarters in Kuala Lumpur.

The 64-year-old Anwar, expected to wrest the federal government from embattled Prime Minister Najib Razak's Umno-BN coalition, vowed to support the Palestine's struggle for a just existence, slamming the United States and Israel for continuing to wage their politics of divisiveness in the region.

"When I was still a student leader in 1973, I led a student a demonstration against the US embassy and Israel for their gross unfairness in their Middle East policy. It was then the biggest demonstration in the city of Kuala Lumpur," Anwar told a joint press conference with the Palestinian delegation on Friday.

"I can promise the new PR government will be more solid and clear in its support for the Palestinians, in their just cause and struggle."

Growing global recognition for PR & a snub for Najib



The Hamas visit comes hot on the heels of a similar one team from the European Union, and signifies growing recognition from foreign powers of the high possibility that Anwar and his Pakatan Rakyat coalition stood a high chance of winning Malaysia's 13th general election, widely expected to be held in March, and form the next federal government.

EU ambassador Luc Vandebon had said the EU would have no problems working with Anwar and recognizing PR as the new government so long as it was the "democratically-elected" choice of the Malaysian people.


It is telling that the Hamas delegation chose to visit Anwar at his modest HQ first, instead of returning a courtesy call to Najib who had just last month paid a visit to the Gaza strip and met with Palestine prime minister Ismail Haniyeh.

"In the body language of international diplomacy, you could say this is a snub for Najib," PKR head of disciplinary committee Tan Kee Kwong told Malaysia Chronicle.

Assisting Anwar at today's meeting with Hamas were PKR president Wan Azizah Wan Ismail, PKR vice president Tian Chua, MP for Lembah Pantai Nurul Izzah and MP for Subang Sivarasa Rasiah.

You are from us and we are from you

The Palestinian delegation was briefed on the current political situation in Malaysia and reciprocated with


their take on the latest developments in the Middle East.

Malaysian NGO Aqsa Syarif also handed over to them a US$700,000 (RM2.175 million) donation for the rebuilding of the Nur Al Hamidi Mosque in Gaza, which was destroyed during an Israeli incursion in 2008.

"I thank the leader Anwar Ibrahim for this generous initiative. Mr Anwar is known to be a big supporter to the Palestinian cause since the 1980s. Ikram and the Aqsa Syarif have also been active in their support of our cause and that shows their nobility and the generosity of all Malaysians. We say to Malaysians as they say to us -you are from us and we are from you," Walid said in a brief speech.

John Kerry won't change the US-Mid-East equation



When asked if the appointment of John Kerry as the new US Secretary of State replacing Hillary Clinton would change the super-power's stance in the turbulent, oil-rich region, Walid was not optimistic.

"Whoever is the new Secretary of State, it will not change the US in supporting Israel against the Palestinians. The guns that killed the children in Palestine are from the US and the US gave all the guns back to Israel after the 2 attacks (on Gaza). Who wins in the US election depends on who supports Israel more and who secures their safety and stands against the Palestininans," Walid minced no words in his curt reply.

Malaysia Chronicle

Tenaganita: Levy leads to further exploitation

The Star

PETALING JAYA: Forcing migrant workers to pay levy charges will lead to further exploitation, according to Tenaganita.

Its executive director Dr Irene Fernandez said shifting the responsibility of paying for the levy from employers to migrant workers would eat into the latter’s “already meagre incomes”.

“The levy deducted for the average foreign worker, besides those in the plantation sector, accounts for about 17% of the wage earned.

“On the other hand, a Malaysian needs to pay taxes only when he or she earns more than RM3,000 monthly.

“Thus, migrant workers are in fact the highest taxpayers in terms of income and levy. And the migrant worker does not enjoy any benefit from these taxes,’’ she told reporters at the Tenaganita headquarters here yesterday.

The levy system was introduced in 1992. However, the Government moved this responsibility to employers in 2009 in an effort to reduce the country’s reliance on migrant manpower.

On Wednesday, Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah announced that the Cabinet had decided that foreign workers were to pay their levy charges, adding that this was to lower employers’ cost in hiring such workers.

Fernandez said removing the levy burden from employers would only prod them to replace local workers with foreigners.

Malaysia's Foreign Ministry Awaits Full Report On Claudia's Death

KUALA LUMPUR, Feb 3 (Bernama) -- The Foreign Ministry and Malaysian embassy in Lebanon are awaiting the full report from the Lebanese authorities on the death of Malaysian journalist Claudia Theophilus, 42.

Foreign Minister Datuk Seri Anifah Aman said the preliminary report from the Lebanese police stated that her death was caused by an accident while handling firearms.

"The case is currently under investigation by the Lebanese police and the family of the deceased has been informed of the incident," he said in a statement, here, Sunday.

Theophilus, a news reporter for Al-Jazeera based in Doha, Qatar was reported dead by the Lebanese police on Saturday at 2.30am Lebanon time.

According to media reports, the deceased was believed to be on a three-day visit to Baakleen, Lebanon with two friends who are citizens of the country.

Anifah said the ministry would extend their full cooperation in the investigation, besides providing the necessary consular services to the deceased's family.

In a separate statement, Malaysia condemned the bombing on the American embassy in Ankara, Turkey on Friday which killed a Turkish security personnel. Also killed was the suspect in the attack.

Anifah conveyed Malaysia's condolences to the family of the dead victim and sympathy to those injured in the explosion.

Psy will cost a bomb, but that's 'BN style'

While the BN claims it helps to curb living cost problems with small cash handouts for the populace, it appears that the party has no problem with spending a bomb on political-entertainment events.

br1m 2.0 launch by najib razak 2On Feb 11, BN will be hosting Korean pop sensation Psy, who is expected to belt his global hit ‘Gangnam Style' and perform his signature equine dance moves at Penang BN's Chinese New Year open house event.

A crowd of 60,000 is expected at the Han Chiang college compound for the event. Prime Minister Najib Abdul Razak (left) is also expected to be in attendance.

Several concert promoters told Malaysiakini that it is unlikely Psy will be slated for a full blown concert and will most likely make a short appearance, 30 minutes at the most.

"I can imagine that it is going to be a short set. People will be bored waiting for just one song," said a veteran promoter, who declined to be named on grounds that those in his industry need the close cooperation of the authorities.

Conservatively, promoters estimated that Psy would charge between US$300,000 and US$400,000 (RM932,100 to RM1,242,800) for a short performance with a small crew, and singing "minus one", which means he would be performing to pre-recorded music, without a band present.

That price, remarked one promoter, would be the equivalent to hiring American chart topper Pitbull to perform two shows.

Entertainment news portal Redcarpet reported that Psy's fee for the BN even was US$1 million (RM3.1 million).

beyonce knowles 190909However, this estimate is not believed to be accurate, for it would mean that the brief appearance by Psy would cost more than Jennifer Lopez's recent full fledged concert in Kuala Lumpur.

For further comparison, Justin Beiber's estimated fee for a full concert in Kuala Lumpur last year was US$600,000 (RM1.8 million) while Beyonce (right) was reported to have demanded US$750,000 (RM2.3 million) to perform in 2007.

Psy will overshadow PM
Khoo Kay Peng, an experienced promoter who has brought in K-pop acts such as Super Junior and B1A4 to Malaysia, noted that Psy could command a higher fee during the Chinese New Year period.

"It coincides with the Korean New Year. He's a rich man from a rich family. If the fee is not appealing, he'll stay in Korea where he has other commitments," said Khoo.

He also estimated that the set-up cost would be in the RM150,000 to RM200,000 range, especially since the even was being held during the holiday period.

Khoo, who is better known for his political analysis work, said BN's strategy of bringing in Psy for the open house event was "a bit misplaced", since the performer would overshadow the prime minister.

"Politically, I don't think it is very smart. BN should not give the impression that the prime minister can't attract a crowd and needs Psy to do it for him.

y4c ethnic relationship module forum 130307 khoo kay peng"It doesn't matter if the crowd is 60,000 or 100,000. At the end of the day, it is the quality of the crowd that matters. They should have just asked the premier to come and keep it sober," said Khoo (left).

He said the message BN was trying to send also appeared contradictory. On one hand, it was taking certain austerity measures and rejecting calls for free tertiary education, but then, it was spending big money to bring in a superstar.

Despite his affinity for K-pop, Khoo, a Penang native, said he would not be attending the event.

"Chinese New Year is a time for family and reflection, particularly for those who are not so privileged," he added.

IGP must investigate electoral roll fraud now

COMMENT The South African Institute for Race Relations report says there are 42,000 people over the age of 100 and some over 120 years old in the voters roll of Zimbabwe.
This is a country with a life expectancy of 43 years.
But still Tobaiwa Mudede, the equivalent of Malaysia's Election Commission (EC) chairperson, claims that no fraud had ever been practiced in preparing Zimbabwe's electoral roll.

In comparision, at the Sabah RCI on illegal immigrants, a former NRD officer Mohd Nasir Sugip, revealed in ‘Ops Durian Buruk' that he and others processed some 40,000 application forms for blue identity cards which signify Malaysian citizenship.

NONEThese were meant to be distributed to immigrants in Sabah, believed to be in exchange for votes.

They were based in the house of Abdul Aziz Shamsuddin, the then-political secretary to then premier Dr Mahathir Mohamad (right).

Yet, our EC chairperson, in April 2012, claimed that "no other country in the world has a cleaner electoral roll than ours".

The most prevalent issues in Zimbabwe's electoral roll are the issuance of instant or faked personal identification papers and fictitious addresses.

We are facing exactly the same problem.
Similar game plan
Mudede is believed to have started his shenanigans sometime in 1980.
From the revelations made during the Sabah RCI we can say that the game here started about the same time or slightly earlier and came to its peak in the 1990s during Ops Durian Buruk.

I do not know if it was our EC which copied Mudede's methods or the other way round, or both coincidentally shared the same ideas.

However if the Zimbabweans could still get together to challenge Mudede's roll in spite of them having to face more dangerous and threatening circumstances than what we face, we should be able to do better if we all challenge the EC's roll together.

I last week suggested that the Selangor state government take up the task by challenging the gazette instead of challenging the roll head-on.

Silence of the IGP

I am really puzzled as to how the inspector-general of police (IGP) has been able to remain silent without stating his position since the start of the Sabah RCI more than two weeks ago.

The issue has escalated into a personal vendetta between Mahathir and opposition leader Anwar Ibrahim since two days ago.

NONEAlthough Mahathir and Anwar (left) have both declared their willingness to testify before the RCI if called, it must be made clear that their testimonies will not bring any changes to the already tainted electoral roll.

The IGP and attorney-general Gani Patail, in particular, must be bold and frank enough to explain to citizens that evidence given by witnesses in a RCI, is not admissible in any civil or criminal proceedings whatsoever against the person who gave the evidence, except when the person is charged with giving false evidence. That's all. (Section 11 RCI Act 1950.)
The RCI chairperson is not like a judge who is empowered to pronounce a verdict whether a person is guilty of an offence or not.
NONENor can the chairperson decide to institute, conduct or discontinue a criminal proceedings like an AG can.

Citizens at the moment seem to have high expectations that action will be taken against those perpetrators or masterminds once the RCI concludes its enquiry.

The citizens must be told of the RCI's actual mechanism. They should not continuously be deceived nor given false hopes like what Gani Patail (right) did a couple of days ago, saying that he will do something when the RCI is concluded, especially so since Sabah is his home state.

Gani should inform the rakyat that even he as the AG cannot charge a person with any criminal offence based solely on a RCI report.

He has to rely on an investigation paper put up by a proper investigative body such as the police or the MACC depending on the nature and classification of the crimes committed and the laws applied.

NONEBoth Gani and I have gone through this process before in the 1998 ‘black-eye' incident involving Anwar and then-IGP Rahim Noor (left).
Even though the former IGP's admission was recorded during the RCI established to investigate that incident, the AG had to rely on my investigation papers and what I had recommended when charging Rahim Noor.
It was not based on the RCI final report or its recommendations.

That's the reason why I am harping on the IGP to commence investigations right away and not wait for the completion of the Sabah RCI before deciding on his next course of action.

I am making this suggestion based on my experiences and the laws and not at my whim and fancy.
Dr M and Anwar can volunteer
As for Mahathir and Anwar, who are in some ways implicated in the Projek IC, both of them are entitled to be represented by their own advocates at the inquiry after getting leave from the commissioners. Both Mahathir and Anwar do not have to wait to be called. They can take their own initiatives to appear before the RCI. This is provided for under Section 18 of the RCI Act 1950.

I am sure both of them are familiar with this rule, especially since both had been involved in some way in the black eye incident RCI.

There's no need for either of them to declare their willingness to testify at the Sabah RCI only through the press. If they are sincere and have nothing to hide, or if they are not involved at all, then they should put in their bid to be represented at the RCI at the next hearing date.

They can also apply to have their testimonies given through a statutory declaration. That method is easier. There are many ways to do it, if they really want it done.

MAT ZAIN IBRAHIM is former chief of the Kuala Lumpur Criminal Investigation Department.

Sunday, 3 February 2013

Malaysian journalist killed by stray bullet in Lebanon

Claudia Theophilus is said to have sustained the gunshot wound while she and her colleagues were playing with several guns.

KUALA LUMPUR: Malaysian journalist Claudia Theophilus, a producer with Al-Jazeera based in Doha, Qatar was killed when she was struck by a stray bullet at Baakleen, located in a mountainous area in Lebanon yesterday.

According to media reports, the 42-year-old victim who had previously worked with The Sun and news portal Malaysiakini, sustained the gunshot wound while she and her colleagues were playing with several guns.

Theophilus died on the spot about 2.30am local time.

Malaysian Ambassador in Lebanon, Ilango Karuppannan, said an initial police report did not indicate any criminal element in the incident.

Contacted by Bernama today, he said Theophilus’ body would be sent home after forensic and post-mortem procedures were carried out.

Karuppannan said the journalist was visiting Baakleen with two Lebanese colleagues at the time of the incident.

Media reports said, the victim had arrived in Lebanon on Jan 28, to visit friends.

Bernama