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Friday, 18 April 2014

Karpal committed to a broader, inclusive Malaysian identity


DAP secretary-general Lim Guan Eng hugging opposition leader Datuk Seri Anwar Ibrahim after Anwar paid a tribute to the late Karpal Singh at his house in Jalan Utama, Penang. – The Malaysian Insider pic by Hasnoor Hussain, April 17, 2014. 
DAP secretary-general Lim Guan Eng hugging opposition leader Datuk Seri Anwar Ibrahim after Anwar paid a tribute to the late Karpal Singh at his house in Jalan Utama, Penang. – The Malaysian Insider pic by Hasnoor Hussain, April 17, 2014.

Karpal Singh – or just plain “Karpal” – was already a legend when I first started work as a young lawyer at Skrine&Co in the late 1980s.

There would be a frisson of excitement and drama for us juniors if Karpal was in town. We'd slip into the courtroom and watch him at work.

He was a tall, imposing man: impressive-looking and seemingly without fear as he tackled what were thought to be the “impossible” cases defending Barlow and Chambers, confronting D.P. Vijandran.

(Barlow and Chambers refer to the hanging in 1986 of two Australian citizens, Kevin John Barlow and Brian Geoffrey Shergold Chambers from Perth, for trafficking 141.9g of heroin. They were the first Westerners to be executed in Malaysia. Karpal had defended Barlow.

(D.P. Vijandran was embroiled in a sex video and Karpal had submitted the tape to Parliament in 1992.)

As I looked on, I always felt that while we were chasing “bill-able” hours and servicing corporate clients, he was making history.

By the time I'd started writing full-time, Karpal's importance had grown even further. He had become a staunch and unflinching advocate of justice as well as a secular Malaysia: consistent and questioning to the end.

I can still remember gate-crashing a large but enormously affable celebratory gathering of Pakatan Rakyat supporters in Puchong after the historic 2008 general election.

First, the crowd erupted as Teresa Kok arrived, providing her with a tumultuous welcome. As a certified DAP “darling” one wouldn't have expected anything less.

Minutes later, Karpal turned up with his family. Having not seen him for years, I was a little shocked by how much smaller he was physically – a result of car accident in 2005.

While diminished in terms of size he possessed a certain aura – calm and benign – sitting in his wheel-chair as the crowd all around him went wild – the enthusiasm as raw and excitable as anything Teresa had inspired.

Given that the crowd was almost entirely ethnic Chinese, I was eager to understand why he'd been so lionised and so I asked one of the guests.

She answered simply: "We love him because he represents all of us: rich or poor, Chinese, Malay or Indian. He is brave and honest."

Karpal's was truly a Malaysian life. His political journey began in 1974 after he was elected as the state assemblyman for Alor Star.

Later on, he clinched the Jelutong parliamentary seat in 1978, which he held until 1999 – until he was dubbed as the famous “Tiger of Jelutong”.

He was also the state assemblyman of Bukit Gelugor from 1978-1990. Eventually, he was elected as the member of parliament for Bukit Gelugor in 2004 and successfully defended his seat in the 2008 and 2013 general elections.

As a politician, he was not free from controversy. Blistering in attack, he was the kind of man who called a spade a spade and then proceeded to hit an adversary over the head with the same spade.

In fact, even before his previous car accident in 2005 where he was paralysed and wheelchair-bound, Karpal was one of the most vocal opposition members, both inside and outside Parliament.

Back in the days when there were only a few rows of opposition benches and long before Nurul Izzah Anwar, Tony Pua and Rafizi Ramli had surfaced, Karpal was a dramatic presence enlivening and informing our public debates going head-to-head with likes of Tun Mahathir Mohammad and the then deputy prime minister Datuk Seri Anwar Ibrahim.

He spoke out strongly against the concept of Islamic state and the implementation of hudud laws. Whilst this was to strain relations between PAS and DAP it reflected a fundamental ideological difference that he was unafraid to tackle.

Whilst there were some who saw his steadfast refusal to accept hudud as “anti-Muslim” or “anti-Malay”, the reality was that he belonged to a generation that was committed to a broader and infinitely more inclusive “Malaysian” identity.

Karpal suffered considerably for his courage and steadfastness. In 1987, he was arrested under the now abolished-ISA during Operation Lalang. Earlier this year, he was found guilty of sedition – a court decision which Karpal himself had calmly accepted.

Still, no one can deny his eagle-eyed focus on the truth as fought against injustice, shaping the political landscape.

In a Malaysia whose leaders increasingly cannot say what they mean – or worse yet, even mean what they say, the loss of his candour and sharp legal mind is a blow to the nation. – April 17, 2014.

Muslims not encouraged to use ‘RIP’, says National Fatwa Council

Mourners paying respect to the late Karpal Singh at his house in Jalan Utama, Penang, today. The National Fatwa Council says Muslims should not use the phrase ‘Rest in Peace’ (RIP) to a non-Muslim because the term had Christian connotations. – The Malaysian Insider pic by Hasnoor Hussain, April 17, 2014. 
Mourners paying respect to the late Karpal Singh at his house in Jalan Utama, Penang, today. The National Fatwa Council says Muslims should not use the phrase ‘Rest in Peace’ (RIP) to a non-Muslim because the term had Christian connotations. – The Malaysian Insider pic by Hasnoor Hussain, April 17, 2014.

Hours after the death of Karpal Singh, Muslims were told by the National Fatwa Council today they were not encouraged to use the phrase “Rest in Peace" (RIP) to a non-Muslim because the term had Christian connotations.

In a statement issued on its website, www.e-fatwa.gov.my, the National Fatwa Council said Muslims could express their condolences to non-Muslim families.

"Condolences can be expressed to a non-Muslim family as long as there are no religious implications," it said.

"Wishes such as 'I sympathise with what has happened to you' or 'we express our sadness at the loss in your family' are allowed.

"However, a Muslim is definitely not encouraged to wish a non-Muslim person 'Rest in Peace'," the council said.

The council said RIP was an assumption that the non-Muslim person would receive God's blessings.

"It is similar to the Latin prayer of 'May his soul and the souls of all the departed faithful by God's mercy rest in peace’."

The council said this sentence was a form of prayer regularly used by Christians, especially during the 18th century and regularly engraved on tombstones.

"From an Islamic point of view, a person who has died in blasphemy will not receive God's forgiveness and blessings," it said.

The council's statement also said the wish also depended on the intentions of the individual saying “RIP”.

Early today, Karpal, the MP for Bukit Gelugor, died in an accident when the car he was travelling in collided with a five-tonne lorry near Gua Tempurung on the North-South Expressway.

Karpal, who would have turned 74 on June 28, was travelling from Kuala Lumpur to Penang to attend a court hearing scheduled for this morning.

The impact of the crash which took place about 1.10am killed the prominent lawyer and his personal assistant, Michael Cornelious Selvam Vellu, 39, on the spot.

Karpal's son, Ramkarpal, and the car's driver, C. Selvam, were injured. Karpal's Indonesian domestic helper was also injured and is in critical condition at Ipoh Hospital. – April 17, 2014.

Karpal’s funeral accorded state honours

As a mark of respect, Penang state government has decided to accord state honours to the late Karpal Singh.
UPDATED

GEORGE TOWN: Karpal Singh’s funeral this Sunday morning will be accorded the Penang state honours, announced Chief Minister Lim Guan Eng here today.

“This means the state flags would be flown half-mast until the funeral day on Sunday.

“The state flag will be accorded to cover Karpal’s casket.

“Finally a public ceremony will be held in Dewan Sri Pinang for the lay public to pay their last and final respects to Karpal.

“This is the last respect being accorded to a Penang MP and a statesman by the state government,” Lim told a press conference at Karpal’s house in Jalan Utama here today.

He said the state executive council decided this afternoon to honour Karpal, a son of Penang, a funeral with state honours.

Also present were Karpal’s sons Gobind and Jagdeep Singh Deo, and Penang DAP chairman Chow Kon Yeow.

Chow has been appointed as the coordinator to accord the state honours for Karpal’s funeral.

Gobind and Jagdeep later thanked the state government for according their father, a senior parliamentarian and DAP’s leader, a funeral with state honours.

They also thanked leaders of various political parties, such as Deputy Prime Minister and Umno deputy president Muhyiddin Yassin, PKR de facto leader Anwar Ibrahim and PAS stalwart Mohamad Sabu, supporters and lay public for visiting and paying their last respects to their father.

Meanwhile Anwar said the loss of Karpal was irreplaceable.

Tribute tonight

The Parliamentary Opposition Leader revealed that he spoke to Karpal yesterday evening about his sodomy case appeal to the Federal Court.

Anwar said Karpal informed him that he would drop all his other work for next two days to concentrate on the appeal.

“He told me that he had 10 days to file the appeal. He told me not to worry and that he would,” Anwar added.

Anwar said Karpal had always stood by the Permatang Pauh MP and his family, and committed to his struggle since 1998.

“He was passionate in his defence and never wavered from his position. He always exercised his full rights. He was an indefatigable fighter of justice,” said Anwar.

DAP meanwhile announced that it had postponed all its programmes until after Karpal’s funeral. However, programmes arranged by PKR and PAS would go ahead as scheduled.

Tonight’s Refomasi 2.0 rally at Seberang Jaya would go ahead but Anwar indicated that it would be different than originally planned.

“We will pay our respect and tribute to Karpal. We will tell the crowd why Karpal must be remembered?” said Anwar.

Karpal’s old foe has nothing but respect

The two leaders were like cats and dogs in Parliament, but Samy Vellu is deeply hurt with Karpal Singh's demise

PETALING JAYA: In the early 1980s, two fiery well known figures used to have explosive arguments in Parliament declaring themselves as Tiger and Lion, among other things.

The two were none other than former Works Minister and ex-MIC president S Samy Vellu and prominent lawyer and DAP diehard Karpal Singh.

One of the more memorable arguments in Parliament took place in 1982, when Samy Vellu told Karpal: “If you are a tiger (Karpal was dubbed the Tiger of Jelutong), then I am a Lion.”

To this Karpal with his usual wit replied:”I am a Lion by birth (Singh means Lion in Punjabi).

Samy Vellu not to be outdone shot back:”Never mind you be the Lion because there are no Lions in Malaysia.”

These were the kind of war of words between the two ever since anyone can remember.

But today, hours after Karpal perished in a motor accident, Samy Vellu has no other words but to say that the vocal lawyer cum politician was a great man who brought championed peoples issues.

“Karpal’s demise is a big loss for the country and the people. He is a man who highlighted the peoples issue.

“In parliament, he was strong advocating the peoples issues. He also believed in the democratic process.

“I have worked with him…in fact we had clashed on numerous occasion. He raised valid questions and I answered. Although we were at odds in Parliament, there was mutual respect between us.

“He was not like other politicians who like to say that and this outside the Dewan (Rakyat). He is always consistent and believed in the cause,” Samy Vellu told FMT when contacted today.

Repeating that Karpal’s demise was a great loss to the nation, Samy Vellu said Karpal was a great leader who understood the pulse of the people.

“I will also be attending his funeral. I want to pay my respects to a friend whose loss will be sorely felt,” said Samy Vellu.

The former DAP chairman and Bukit Gelugor MP died in a road accident at Km306.1 of the North-South Expressway, near Gua Tempurung, in Kampar early today, police said. He was 73.

Also killed in the 1.10am accident, involving an MPV and a lorry, was Karpal Singh’s personal assistant Michael Cornelius, 39.
Karpal’s remains would lie in wake until Sunday at his family home in Penang before cremation.

Police report against ‘Datuk Seri Guruji’

A director of a Tamil daily claims that 'Datuk Seri Guruji', a spiritual guru, bought a fake parapsychology degree from the US.

PETALING JAYA: K Saraswathy, the director of Tamil Malar, a vernacular daily, lodged a police report against a meditation center owner alleging that the latter had bought a fake doctorate degree in parapsychology from University of Mississippi, United States.

In the report lodged on April 14 at the Sentul district police station, the 45 year old lawyer claimed that V Balakrishnan or better known as ‘Datuk Seri Guruji’ the co-founder of Rajayoga Power Transcendental Meditation Center Sdn Bhd (RPT) had also misused the government’s official emblem and Prime Minister Najib Tun Razak’s name for his private programme.

“On Apr 12, when I was in my office at Jalan Ipoh, Kuala Lumpur, I received a pamphlet containing details of RPT programmes. And I was shocked where RPT used the government’s emblem and prime minister’s name to gain publicity,” said Saraswathy.

“The government Acts clearly state that using government’s emblem and nation’s premier’s name without approval is an offence, thus police action must be taken against RPT and the organising committee of the programme,” she added.

Balakrishnan is said to be a master teaching his followers on how to harness spiritual energy (yoga shakti) for material and spiritual benefits.

However, he had come under heavy criticism in the social media for charging an exorbitant fee for his programmes.

Saraswathy said that her daily had written several articles against Balakrishnan before and due to that his followers created trouble at the daily’s office in December last year.

She further challenged Balakrishnan to come out in the open to clear the air over his fake doctorate degree.

“We want police to investigate Balakrishnan and his meditation center for cheating the public by giving false information which will tarnish the government reputation,” she said.

MIC Youth: Ex-judge ‘out of his mind’

Sivarraajh takes offence at Mohd Noor's remarks about “big idols” standing in full public view.

KUALA LUMPUR: MIC Youth today questioned retired judge Mohd Noor Abdullah’s soundness of mind when he said non-Muslims should not erect large religious sculptures where they would be in full view of the public.

The movement’s chief, C Sivarraajh, said in a media release that the former Appeal Court judge must have been “out of his mind” when he made his remarks in a recent interview with the Malay Mail and Bernama.

Extracts from the interview have been widely circulated through social media and Mohd Noor has received brickbats from various quarters.

According to the Malay Mail, he complained about the statue of Lord Murugan in Batu Caves and that of the Goddess of Mercy outside a Buddhist Temple in Penang, saying: “When non-Muslims build such big idols, it hurts people’s feelings.”

Sivarraajh accused him of expressing a racial sentiment and said MIC Youth was “warning” him to stop doing so.

“MIC Youth feels disgraced with the manner former Appeal Court judge Mohd Noor Abdullah expressed his views,” he said.

“As such MIC Youth warns him to stop passing racial remarks that interfere with the harmonious living of Malaysians.

“As a learned former judge, he should refrain from passing remarks that could give avenue for diversion and unnecessary brickbats from other religious practitioners.

“We live in a country that advocates love, peace and harmony. Such remarks could stir unnecessary racial sentiments.”
The former Perkasa leader says that God had paved way for hudud to be implemented in Kelantan by taking away its chief critic, Karpal Singh.
UPDATED

PETALING JAYA: While the nation mourns, a former Perkasa leader rejoiced and said that DAP veteran Karpal Singh’s death will allow hudud law to be implemented in Kelantan.

In a series of posting on Twitter, former Perkasa vice-president Zulkilfli Noordin said while the Kelantan government was struggling to implement hudud in the state with Umno’ help, God had taken away Karpal, who is Islamic law’s main critic.

“Hopefully, the move to implement hudud in Kelantan is successful. God willing, with Umno-PAS unity and Karpal’s demise, I believe the things are made easier now.” said the former PKR MP.

However, Zulkifli’s tweets received public backlash, including from Youth and Sport Minister Khairy Jamaluddin.

“@zulkiflinoordin Shut up. Really, shut up,” said Khairy.

Kuala Lumpur Bar chairman HR Dipendra described Zulkifli as coward for criticising a man who had just died.

“Zul Noordin shows his true nature: He is a coward and only cowards attack a dead man,” said Dipendra.

Human rights lawyer Syahredzan Johan said it was time for people to name and shame such people for their rude remarks.

“More so when they are politicians. We must remember what they said, and hold it against them when they seek office again,” said Syahredzan, via Twitter.

Karpal, 74, was killed early this morning in a car crash at 301.6km on North-South Highway near Kampar while on his way to Penang.

Also killed in the accident was his aide, Michael Cornelius Selvam Vellu, 39.

Karpal’s driver is said to be critically injured, while his son, Ramkarpal, escaped with light injuries.

Karpal is known to be a fierce critic of hudud law being implemented in Malaysia, arguing that nation’s constitution is based on secular laws.

He once famously said that hudud would only be implemented “over my dead body”.

Meanwhile, PAS central committee member Dzulkefly Ahmad said Zulkifli’ statement is doing “a great disservice” to Islam.

“It shocked us knowing that Zulkifli has come out with an insensitive remark, it is such as a great disservice to Islam.

“We PAS may have a lot of difference with Karpal, but we stand to give him respect, he is a towering figure in the nation he has served,” said the PAS central committee member.

Dzulkefly also criticised the Perak police chief Acryl Sani Abdullah Sani for picking on traffic offences recorded by Karpal’s vehicle right after his passing.

“They should be a bit more sensitive, and be gracious and benevolent to the passing man, because we all know sometimes MPs are caught in a mad rush to serve their constituencies, and unlike the minister, we don’t have an escort team,” he said.

Perak state assembly speaker and former MIC vice-president SK Devamany also denounced Zulkifli over his disparaging remark.

“The remark is uncalled for and an uncivilised one to be made against a great statesman. It goes beyond the spirit of nationalism and Islam,” he said.

In later postings, Zulkifli heaped laurels on Karpal, saying he was one of the few who dared to take up cases against the government.

He also said that Karpal was generous in giving legal advise to junior lawyers and commended the veteran lawyer for taking up a lot of cases on a pro bono basis.

“His office serves almost like a welfare office to help the poor. To Karpal,your roar for the poor & your voice against injustice, either in Parliament or in court will be missed by many. Goodbye my friend!

“To my friend Gobind Singh Deo & family,do accept my deepest condolence.I am sure Karpal’s name will be tinted in gold in the history of Malaysia!”

Don’t let civil courts touch Shariah rulings, syarie lawyers urge CJ

The Chief Justice should direct civil courts not to entertain conversion and custody cases previously
decided under the shariah system, said the Malaysian Syarie Lawyers Association.

It said this would prevent the apparent jurisdictional conflicts on such matters.

The group’s president, Musa Awang, suggested Chief Justice Tun Arifin Zakaria issue the circular in accordance with the decision by the National Fatwa Council in 2009, which decided that minors are automatically Muslims and must be raised as such when a parent converts into Islam,.

“Article 12(4) of the Federal Constitution also stated that the religion of an individual below the age of 18 is decided by a parent, and that does not need to be amended,” said Musa in statement to Sinar Harian.

Musa was responding to the Seremban High Court’s decision in granting S. Deepa, a Hindu, the full custody of her two children, who were converted by their father N. Viran who now goes by Izwan Abdullah.

Izwan, had snatched their six-year-old son two days after the custody was awarded insisting that he too had full rights to the children based on previous Shariah Court order.

Authorities declined to pursue the Muslim convert father, citing the conflicting orders.

Musa insisted that the orders issued by both courts have equal standing.

Civil lawyers pointed out, however, that it was unconstitutional for the Shariah court to decide matters concerning non-Muslims.

CNN Talk Asia: Karpal Singh

Karpal - the man who was principled to a fault - Malaysiakini

 
PHOTO GALLERY

COMMENT Seated in his wheelchair, still wearing his Parliament coat, Karpal Singh rings for his assistant, Michael Cornelius Selvam Vellu, who comes rushing into the room. “I’m thirsty,” says Karpal apologetically to me, and Michael lifts up the can of a soft drink that was on the table with the straw on it. The then-Bukit Gelugor MP and DAP national chairperson took three sips of the drink. “This is how I depend on him,” Karpal said, referring to Michael.

What was a serious interview up until that point in his office in Jalan Pudu in December 2012 had suddenly taken a lighter tone. It was probably light for Karpal - but it was unsettling for me and my colleague as he narrated his life in a wheelchair and his previous accident that had left him partially paralysed. I felt sorry for the man, but as he was telling his story, he wore a smile on his face, that effervescent, ever-present smile.

“Some people say the accident (in 2004) was orchestrated by my enemies. I had met Umno Youth folks at the airport before I flew to Penang, and it happened to be that the fellow whose car got into an accident with my taxi was an MCA guy. But I always say, if they wanted to kill me, they would have done so a long time. There are a million ways to kill me.”

As fate would have it, Karpal did not die in the courthouse or in the Parliament, when he once famously told his rivals that “Singh is King!” He died in a road accident, and even in his final moments, he was still preparing for a court case.

But the past decade has been far from easy for Karpal.

“It hurts, quite a lot,” he opens up about the state of his health. “When I lie down on the bed to sleep, I have to sleep straight, you know, one position. And then sometimes, middle of the night, you feel like turning on the bed to the side, but you can’t. So I have ring the house helpers to help me shift to my left or to my right,” he said.

Karpal depended quite a lot on his assistants and helpers to get through the day - as he was unable to do most of the things by himself- be it eating or drinking. In his state, he was only able to lift his fingers and most importantly, use his brains, his legal know-how, and his ferocious outspoken nature never died.

And using those elements left of him, Karpal served Malaysia for one more decade after his accident, admitting that working is what had kept him going till the end beckoned.

“If I think about it, then it gets worse. What is there to be done? I have what I have. My mind is still working, you know. So I have to keep doing what I do. That’s the only way to live. You mustn’t give up. You just do what you do best, and you live on,” he said, clearing his throat.

The interview was conducted well into the night in his office, and he had just returned from Parliament duty and sandwiched speaking to us in between seeing clients. After entertaining us, he was due to attend to another client at that late hour. That was Karpal’s dedication to both the legal profession and his parliamentary duty.

Never compromising for political expediency

“If I don’t talk, who will?” asks Karpal, when queried about his consistent criticisms of Pakatan Rakyat and PAS at that time, which many thought was being detrimental to the coalition.

“Someone’s got to do the talking, right? We are a party that was built on principles. And you can’t let go of the principles once you are in power, once you are stronger. You stick by it, come what may. You need to uphold what you believe in,” he said. That was the man - principled to a fault. He didn’t do it any other way.

If I had bothered to ask him if he would ever compromise on his principles for political expediency - he would probably have stared me in the face and said, “Over my dead body.”

Now, the question the entire nation has to face is - who will replace Karpal, or even come close?

Who will dare question Pakatan Rakyat’s complacency after winning a mandate from the people?

Who will constantly remind DAP of the principles it was built on?

Who will continue reminding all the parties in Pakatan to adhere to common agendas?

Who will dare question Opposition Leader Anwar Ibrahim himself, from his own coalition?

Who will be brave enough to take up the monarchy to a legal challenge?

Who will be dedicated enough to spend the wee hours of the night looking through legal files, always looking for a new case?

The government, which had imprisoned him under the Internal Security Act (ISA), had attempted to jail him for sedition despite his condition. But as Karpal said before - he had even survived the ISA. And they will not get their wish to imprison the man a second time. Fate took him, before politics could.

“Ooh... Mahathir used to hate me,” Karpal said with a sense of pride. “I must have that letter somewhere. He wrote me a letter once.”

He asks Michael to dig into the sea of files on his desk, and at his book collection. He did not locate the letter and I did not read it. But there was no doubting that Karpal Singh was the only one who matched former premier Dr Mahathir Mohamad when it came to being a political enigma.

Political enemies they might be, and they thrived in their being adversariesr - and Karpal’s brimming pride for having gone against Mahathir is well etched on his face.

“He hated me so much, that they took me out from prison and then put me back inside,” Karpal laughed.

An inspiration for an ‘insipid generation’

Goodbye, sir. Malaysia will miss you, but I will miss you just as much. For you were an inspiration for this insipid generation of mine - when we look for leaders who stood for principles and not position - we found you in the realms of Malaysia.

No one needs to praise you as our own Mandela or Gandhi. Karpal would have hated such comparisons. Karpal Singh is Karpal Singh, the Tiger of Jelutong, the “Singh is King”. You have left behind a profound legacy that will be very difficult to emulate in today’s political climate.

Karpal smiled when I introduced myself and told me my name. “Ah, my son’s name is Ram, too. I have a Ram in my family,” he said, smiling gracefully. That one moment, though it will be nothing more than a tiny speck of memory for him, will remain in my memories forever. We will remember you, sir. Or at least we will try to remind the country every now and then, of your struggles. Be in peace, and have a good sleep in the beds sewn for you in heaven.

As for Michael, the loyal servant who never once frowned despite having to be by Karpal’s side almost 24 hours a day, may God grace you with all the goodwill for so humble a task as taking care of the man for us, so that he could serve us for almost one more decade after his accident in 2005.

And if you have been the washroom of Karpal’s office in Jalan Pudu, a message will greet you inside the toilet.

“Please don’t leave your submarine sinking after you are done. Do flush,” the message read. That was the energy of Karpal Singh’s office, inspired by him nonetheless. Even in those late hours, nothing breaks his spirit. There was a life to live, and he lived it. You taught us much about life as you did about politics, law and principles.

The tiger finally sleeps.



RAM ANAND is a member of the Malaysiakini team.

Karpal was a giant, among the top lawyers in the world, says legal fraternity

The late Karpal Singh was described as a "giant" in the legal fraternity by the Malaysian Bar which
Bukit Gelugor MP Karpal Singh smiles as he discusses the recent sodomy trial with Datuk Seri Anwar Ibrahim. The Malaysian Bar has described Karpal as a towering Malaysian and a 'giant' in the legal fraternity. – The Malaysian Insider pic, April 17, 2014.  Bukit Gelugor MP Karpal Singh smiles as he discusses the recent sodomy trial with Datuk Seri Anwar Ibrahim. The Malaysian Bar has described Karpal as a towering Malaysian and a 'giant' in the legal fraternity. – The Malaysian Insider pic, April 17, 2014. represents 13,000 lawyers.

Bar president Christopher Leong said Karpal, who had been in practice for more than 40 years, was a towering Malaysian and a courageous man.

Leong remembered Karpal recently telling him that even if he was gone, there would be 100 Karpals to take his place.

"How I wish that were true as Malaysia needed Karpal and continues to need more people like Karpal," Leong said.

Karpal had made the remark last month soon after he was convicted of sedition by the High Court in Kuala Lumpur.

Leong said Karpal was of that special and rare breed of men who commanded respect for his leadership and courage in the values and causes he stood and fought for.

"He will be very much missed by Malaysians. The Malaysian Bar conveys its deepest condolences to Karpal's family," he said.

Queen's Counsel Mark Trowell and an observer in Anwar Ibrahim's sodomy and Karpal's sedition trials said Malaysia had suffered a terrible loss with the sudden demise of the legal eagle.

"He was truly a great Malaysian, not only because of his involvement in politics, but also as a lawyer," he said.

Trowell said Karpal was larger than life and was a man who never took a backward step whatever the cost to him personally.

"His life reflected the modern history of Malaysia and the events that have shaped it as a nation since independence more than 50 years ago," he said.

He said Karpal was very much an integral part of the nation's history and the title “Tiger of Jelutong” befitted him.

Former United Nations special rapporteur and former Bar Council president Datuk Param Cumaraswamy said Karpal’s tragic death was not only a great loss to his family but to the legal profession and the nation.

"He stood tall among the top leading lawyers in the world," said Param who appeared in the legal team to defend Anwar in the recent sodomy case.

Param said despite his physical handicap from the previous accident, Karpal's courage and tenacity in the defence of his clients in court would long be remembered.

In politics, Karpal demonstrated equal fearlessness and often sacrificed his personal liberties.

"He once told me between law and politics, his first love was law. His passing away with the conviction for sedition is a fitting tribute to him, ranking him with Mahatma Gandhi," Param said.

Param added that Karpal's personal aide, Michael Cornelius Selvam Vellu, who died in the same accident should not be forgotten.

"Michael was a loyal, devoted aide whom Karpal depended much on," he said. – April 17, 2014.

A disturbing dichotomy

The Star
Reflecting On The Law 

by SHAD SALEEM FARUQI

We need to cool things down a bit to resolve the sad saga of legal conflict due to religious issues.

THE domestic discord between a fractious couple (which between it made 35 police reports against each other during the last two years) has metamorphosed into a national, religious and racial controversy that has besmirched the name of many public institutions including the courts and the police.

We need to cool things down a little bit, see issues with some detachment and accept that in every country where legal pluralism is allowed, some painful conflicts of jurisdiction are unavoidable. The law in every land is a maze, not a motorway. Its multiplicity, diversity and conflicting hierarchies create a thicket that is never easy to traverse.

In our federal system, federal laws clash with state laws and the legal scene is quite turbid.

At the state level, syariah enactments of one state conflict with enactments of another state and reciprocal enforcement of each others’ judgment is an unfulfilled dream. Within the boundaries of a state, especially in Negeri Sembilan, Sabah and Sarawak, competition exists between custom and religion.

In Sabah and Sarawak, the rivalry between Native courts and Syariah courts is intense but is kept diplomatically discrete.

The most painful, unedifying and politically charged disputes are between civil and Syariah courts. They jar our landscape now and then and disturb our national harmony. What is not well known is that the clashes are not always between Muslims and non-Muslims.

Sometimes it is Muslims challenging the jurisdiction of the Syariah courts. For example in Latifah Mat Zin v Rosmawati Sharibun (2007) there was a dispute between the daughters of the deceased and his widow over the joint account of the husband and the wife. At contention was whether the civil High Court or the Syariah court has jurisdiction?

Occasionally there are objections to Syariah courts assuming jurisdiction on marriages contracted abroad between Muslims under foreign law.

Relating to non-Muslims, the most heart-wrenching dispute is about the religion of a deceased when there is information that prior to his death he had secretly converted to Islam.

Another tragic and intractable issue is the custody of children when one party to a non-Muslim marriage converts to Islam and opens the door to a jurisdictional clash.

This is what happened in the Deepa-Izwan case. The root cause of the jurisdictional conflict is Article 121(1A) of the Federal Constitution which states that the civil High Courts and inferior courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

Another problem is sections 3 and 51(1) of the Law Reform (Marriage and Divorce) Act (LRA) 1976. Section 3 states that the Act shall not apply to a Muslim. Section 51(1) states that if one party to a civil marriage has converted to Islam, the other party may petition the civil court for divorce.

Shockingly, this means that the converting party has no right to apply for dissolution of his marriage that was contracted under civil law.

As Izwan was not subject to the LRA, he rightly went to the Syariah court for dissolution and ancilliary relief – much to the detriment of Deepa whose hard-won civil court order for custody of her two children was short-lived when the ex-spouse in defiance of the High Court order forcibly removed one child from her custody.

This was not the first case of its sort but it has left a deep impact on our conscience. We need urgently to repair our frayed social fabric damaged by such disputes. My suggestions are tentative, subjective and open to revision.

First, the constitutional scheme of things in 1957, that the Syariah courts shall have jurisdiction only over persons professing the religion of Islam, should be reiterated.

Second, the Muslim volksgeist that their religious law should apply to them should, however, be respected. The radical solution that legal dualism should be abolished and there should be one uniform family law for all citizens is untenable. People have a right to live by their personal laws.

Even countries like the UK allow the Jews to apply their personal laws in defined fields.

Third, the federal government should engage with moderates of all communities and resist the cynical (and hitherto successful) effort to close down all discussion on “sensitive issues”.

Fourth, the country as well as our official religion suffer disrepute when Islam is instrumentalised by some converts to gain quickie divorces and obtain easy custody and guardianship over their children to the detriment of the non-converting spouse.

Conversion is their right but they must respect the Federal Court ruling in Subashini a/p Rajasingam v Saravanana (2008) that a non-Muslim marriage does not dissolve automatically upon one party’s conversion to Islam. The civil courts continue to have jurisdiction.

Fifth, the government had a few years ago taken initiative to draft new legislation to resolve inter-religious family disputes. The Bill met stern opposition from some Muftis and some members of the Conference of Rulers and was shelved.

It is time to revive the Bill after adequate consultation. Sweeping problems under the carpet is not doing our nation any good.

Sixth, the government should rely on Article 130 to refer to the Federal Court for the court’s opinion all questions that have arisen about the working of Article 121(1A).

This article was inserted to resolve disputes between Syariah and civil courts but has brought in its wake new dilemmas. That’s life and the law. Good laws often lead to undesired and undesirable consequences. We need to go back to the drawing board and begin anew.

> Shad Faruqi is Emeritus Professor of Law at UiTM. The views expressed are entirely the writer’s own.

Malaysia-Turkey Ties Growing, Businesses Should Grab Investment Opportunities -- Najib

From Mohd Shukri Ishak

ANKARA, April 17 (Bernama) -- Malaysian businesses should seize the opportunities to expand and flourish in Turkey to take advantage of the growing bilateral ties, said Prime Minister Datuk Seri Najib Tun Razak.

At the same time, he said, Turkish businesses should reciprocate by increasing their investments and trade ties with Malaysia.

"The Prime Minister (Turkish Prime Minister Recep Tayyip Erdogan) and I are both strongly committed to bilateral partnership, and there is no clearer example of this commitment than the Malaysia-Turkey Free Trade Agreement (FTA), which we will witness later today," he said in his keynote address at the Turkey-Malaysia business luncheon hosted by The Union of Chambers and Commodity Exchanges of Turkey here.

Also present were Turkish Deputy Prime Minister, Ali Babacan, and Economy Minister Nihat Zeybekci.

Najib said he felt positive towards the two-way trade, adding that based on the current investment trend, Malaysia and Turkey were targeted to increase trade volume to US$5 billion in five years' time.

"In 2013, Malaysia's total trade with Turkey was over US$1 billion.

"Bilateral trade will increase significantly with the implementation of the Malaysia-Turkey FTA," he said.

The FTA would also strengthen economic and technical cooperation in areas such as small and medium enterprises, services, agriculture and food, healthcare, energy, e-commerce, research and development and the car sector, he said.

"I urge the business communities of both countries to take advantage of this agreement (FTA). Through this agreement we will meet the challenge set by Erdogan for our bilateral trade to reach US$5 billion," he said.

Najib, who is on a two-day working visit to the Turkey, said the Asean FTA and the Asean FTAs with Australia, China, India, Japan, South Korea and New Zealand meant that doing business with Malaysia was not just about a market of 29 million, but a combined market of three billion.

By embracing a pan-Asian strategy, Turkish businesses could leverage on Malaysia's strategic location and tap opportunities across Asia, he said.

Najib said Turkey and Malaysia also have much in common.

"Firstly, we both have the advantage of geography -- Turkey lies between Asia and Europe, while Malaysia sits between China and India, and at the heart of Asean;

"Secondly, both of us are trading nations, straddling trade routes stretching back to the Ottomans and the Malay sultanates; and,

"Thirdly, we are both modern, progressive Muslim countries, which see eye to eye on a range of important international issues," he said.

He said both nations needed to expand bilateral investments, which were currently somewhat lopsided.

"To date Turkish investments in Malaysia amount to US$126.1 million, whereas Malaysia's in Turkey are US$1 billion.

"Thus far, Turkish investments in Malaysia have mainly concentrated in the defence industry, supplying equipment to the Malaysian armed forces.

"But I am heartened that Turkish interests in Malaysia are growing. Malaysia is pleased to host Turkish manufacturing companies, notably Eyvap Sabun. Eyvap's initial investment in Malaysia of US$85 million has helped create 190 new jobs.

"Eyvap is also working with Felda Global Ventures to set up one of the largest oleo-chemical plants in Malaysia. We encourage more Turkish companies to locate in Malaysia to expand their businesses in Asia-Pacific.

"There are many opportunities for Turkish companies, for example, in the halal sector and the economic corridors in Malaysia," he said.

Najib said over the past few years, Malaysia has been working hard to enhance investments between the two countries.

Turkey's economic potentials had not escaped Malaysia's attention, he said.

He said Khazanah Nasional Bhd has significantly increased its presence in Turkey, investing some US$1 billion in healthcare, insurance and infrastructure sectors.

"Through its Turkey representative office, Khazanah planned to increase its investments to US$3 billion.

"When I was here in 2011, I was impressed with the competitiveness of the Turkish construction companies which had successfully secured numerous contracts in Russia, North Africa and Central Asia.

Najib said Malaysian construction companies were also well-regarded overseas for the quality and timely delivery of their work, particularly in the Gulf region and South Asia.

"The time is right, I am sure, for us to forge more collaborations in this area.

"We also need to enhance the awareness of our own products and services among our peoples. We should continue programmes such as the 'Malaysia Week' held in October 2012 in Istanbul, and the 'Turkish Products Exhibition' and 'Turkish Cultural Week' in Malaysia held in March 2012," he said.

He said more could be done to share both countries' cultural diversity in sports, food, music, art and heritage.

Meanwhile, speaking at a lecture entitled "Turkey-Malaysia Strategic Partnership in a Globalising Asia", at the Foundation for Political, Economic and Social Research, Najib said Malaysia and Turkey faced similar challenges.

"With the coming of modernity, we seek the right balance between opportunity and tradition. As we open our economies to outside investment, we work to secure a better standard of living for our people, and a brighter economic future for our nations.

"In the face of demographic and technological changes, we look to strengthen our societies and the democracy that they depend on," he said.

Najib said in an inter-dependent global economy, the benefits of greater co-operation extended far beyond Asia's borders.

"That is why I look forward to the completion of the Trans-Pacific Partnership, which will strengthen our ties with the wider world, the Regional Comprehensive Economic Partnership, which will bring three of the largest economies into the world's largest trading bloc and, of course, the FTA between Turkey and Malaysia," he said.

He said the FTA has been many years in the making.

"We hope that it unlocks a new era not just of trade between our nations, but of deeper economic integration, with Malaysia as a passage to Asia's emerging prospects, and Turkey as a gateway to the mature markets in Europe," he said.

Earlier, Najib participated in a wreath-laying ceremony at the Anitkabir Mausoleum. The ceremony pays homage to Mustafa Kemal Ataturk, the founder of Turkey's modern, secular republic.

Thursday, 17 April 2014

Demo bantah GST: Polis arah penganjur beri keterangan


Karpal killed in accident, son injured

Veteran opposition MP and lawyer Karpal Singh was killed in an accident near Gopeng in Perak this morning.

His long-time personal assistant Michael Cornandez, 39, was also killed.

Karpal's son Ram Karpal and the driver were also injured in the accident which occurred at 1.30am near 301.6 northbound marker along the the North-South Highway.

Malaysiakini learnt that Karpal and his son, who is also a lawyer, were heading north for a court case later today.

Photos taken at the scene of the accident show the white Toyota Alphard badly damaged.

When contacted, a Ipoh police spokesperson told Malaysiakini that it is believed the MPV collided with a lorry which switched lanes without indication.

Karpal's other son and Puchong MP Gobind Singh Deo told The Star that his father had died on the spot.

"My brother Ram is slightly injured but we are trying to get through to him," he added when the daily contacted him at 3.30am.

Karpal, 74, became paralysed and wheelchair-bound after a car accident in 2005.

The vocal politician graduated from University of Singapore and started his law practice before running for Parliament in 1978.

His long tenure as Jelutong MP and fiery speeches in the Dewan Rakyat earned him the moniker "Tiger of Jelutong".

Karpal had recently relinquished his post as DAP chairperson pending the disposal of his appeal against a sedition charge.

Last month, the High Court found him guilty of uttering seditious words against the Sultan of Perak at the height of the constitutional crisis in 2009.

Meanwhile, Prime Minister Najib Abdul Razak conveyed his condolences via Twitter.

"I have just landed at Ankara when I heard the news that YB Karpal Singh died in a road accident. My condolences to the family," read the premier's tweet.

Other netizens also expressed condolences and shock over Karpal's passing.

"Shocked and sad news! DAP chairman Karpal Singh passed away in accident tonight. Malaysia has lost a truly patriotic son," wrote Taiping MP Nga Kor Ming.
 
"Our dear Mr Karpal is no longer with us... I just can't accept it...," said Kulai MP Teo Nie Ching.

Read More http://www.malaysiakini.com/news/260226
 

Police ‘being proactive’, says organiser over discussion on May Day rally



Ahead of a May Day and GST protest rally, police called the organisers for a “talk” about the programme as the Peaceful Assembly Act requires 10-day prior notice for any gathering.

"Police said they were just being proactive, reminding us that we need to give the relevant notice as per the Act," S. Arutchelvan (pic) said after the meeting at the Dang Wangi police headquarters today.

He said the police also wanted to know the programme for the rally and events organised in conjunction with it.

The police decision to engage the organiser comes after earlier action to charge other rally organisers in the city and elsewhere drew flak from civil society.

Notable among them included the 505 blackout rallies to protest the general election results, which saw several opposition leaders charged for illegal assembly.

Arutchelvam said they had wanted to know where it will be held and what we are going to do during the gathering.

“We told them that the event will start in front of the KLCC with speeches from representatives from civil societies and then we will walk to Dataran Merdeka. We will conclude our gathering there," said Arutchelvam, who is also secretary-general of Parti Sosialis Malaysia.

He said police had also asked them to suggest an alternative venue besides Dataran Merdeka as City Hall was carrying out upgrading work at the square.

"We told the police that Dataran Merdeka is important but nevertheless we will take this to our meeting and discuss it. As for now, Dataran Merdeka is still our end point," said Arutchelvan.

Arutchelvan was accompanied to today’s meeting by a legal adviser and a colleague and spent about one hour with Dang Wangi police chief ACP Zainuddin Ahmad and Kuala Lumpur public order head ACP Wan Abdul Bari Wan Abdul Khalid and other senior police officers to discuss the event.

"The officers said they wanted to know as they want to facilitate the organiser to ensure that all goes well," he said.

Arutchelvan, however, told the police to use their discretion in dealing with them.

"They need to use more discretion in handling the gathering issue. If we go strictly by the law, we can never gather due to many restrictions," Arutchelvan said.

He will be present at Dang Wangi police headquarters at 2.30pm next Monday for yet another round of discussions with the police.

PAS deputy president Mohamad Sabu will also be attending the meeting, along with Tian Chua of PKR.

A coalition of some 90 non-governmental organisations and Pakatan Rakyat parties would mobilise Malaysians for the rally, to send a clear message against the implementation of the Goods and Services Tax (GST).

Committee member Dr Hatta Ramli on April 2, said the next 30 days would be spent working out the logistics for the rally.

Hatta, who is also PAS central working committee member, said the introduction of the tax would only burden the people further, especially those from the lower income group who did not need to pay for income tax.

He also pointed out that the introduction of the GST was the result of the failure of the current government to work on the current tax system especially the high income earners who manage to evade tax.

"It is a short cut way to victimise the defenceless public," he had said in a press conference held by the committee recently.

The rally, which is themed "GST - Protest till it is dropped", is also aimed to draw the participation of students, who will be among the hardest hit by the tax.

Rally coordinator E. Parameswari said May 1 rallies have been held in Malaysia since 1994, but hoped that this will be the biggest yet in terms of turnout.

Among the NGOs who have pledged support are Solidariti Anak Muda Malaysia, Turun, Kuala Lumpur Selangor Chinese Assembly Hall, Oppressed People's Network and Himpunan Hijau.

Other issues to be highlighted include the ongoing demand for a minimum wage of RM1,500, fair and free elections, environmental protection, free education, and the rights of women workers and migrant workers. – April 16, 2014.

Indira can turn to Shariah Court to get justice, ex-hubby’s lawyer tells High Court

Kindergarten teacher M. Indira Gandhi (pic) must go to the Shariah Court to challenge a custody
order given by the religious court to her estranged husband, the High Court was told today.

Lawyer Asmuni Awi, who was appearing for Indira’s ex-husband Muhammad Ridzuan Abdullah (formerly known as K. Patmanathan), said disallowing non-Muslims to defend their rights in the Shariah Court was not consistent with Islamic law.

"It will tarnish the image of Islam in the eyes of non-Muslims," he said when making submissions in a contempt proceeding brought by Indira Gandhi against Ridzuan who had converted to Islam.

He subsequently converted their children – Tevi Darsiny, 16, Karan Dinish, 15, and Prasana Diksa, 5 – and obtained custody from the Shariah Court in September 2009.

Indira obtained her custody order from the High Court in 2010.

However, Ridzuan refused to return their youngest child, Prasana Diksa, to Indira, and has been holding on to the child since April 2009 when she was 11 months old.

Asmuni said Indira could appear in the Shariah Court as the Shariah Court Civil Procedure (Perak) 2004 stated that the religious court was duty bound to prevent injustice and abuse of court process.

He said the Shariah Court was the proper forum to resolve whether it had jurisdiction in granting the order to Ridzuan and this would be known if the validity of the order was challenged by Indira.

"It is not for the High Court to rule or give opinion that Indira is not allowed to appear in the Shariah Court. This is only possible if she appears in the religious court," he said.

He said it was premature and unfair for the High Court to cast aspersions by ruling that a non-Muslim could not appear in the Shariah Court.

"It is not for the courts to legislate to provide a remedy. The role of the court is to interpret the laws and give effect to the purpose as to why a legislation was enacted," he said.

He said contempt must be established beyond reasonable doubt and it must be shown that the act of disobedience was deliberate.

Asmuni said Ridzuan did not show disrespect to the 2010 High Court order because he had acted based on legal advice provided by his counsel.

"After all, the High Court is not superior to the Shariah Court as both are of equal standing under the Federal Constitution," he said.

Asmuni said the custody order of the Shariah Court was issued by a competent authority and the civil court could not interfere as the subject matter came under the jurisdiction of the religious court.

Lawyer Lim Heng Seng, who appeared for the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism said a Federal Court ruling on unilateral conversion had held that a Shariah Court order which was in conflict with a civil court order was ineffective.

Lim, who appeared as amicus curae (friend of the court) on the invitation of High Court judge Lee Swee Seng, said Ridzuan could not run away from his responsibility arising from the civil marriage by converting to Islam.

He said the apex court had also held that a non-converting spouse could not be compelled to go the Shariah Court.

"But the spouse who had converted can come to the civil court," he added.

Counsel Philip T.N. Koh, who appeared with Lim, said although Islam was the religion of the federation, it did not render Malaysia to be non-secular .

On July 25 last year, Lee, in a landmark decision, quashed the certificates of conversion of the three children and ruled that the documents were null and void because they were unconstitutional.

He said under the Perak state enactment, it was a statutory requirement for a child to be present before a certificate of conversion could be issued.

He also cited provisions under the Perak Shariah law, which require the children to be present to utter the affirmation of faith (Kalimah Dua Syahadah).

Indira married the then Patmanathan 20 years ago according to Hindu rites.

Lee will deliver his ruling whether Ridzuan is guilty of contempt of court on May 30. – April 16, 2014.

Six deaths in custody renew demands for IPCMC

 
The suspicious circumstances behind a man's death in prison sounds another clarion call for the establishment of the Independent Police Complaint and Misconduct Commission (IPCMC), human rights NGO Suaram said today.

The police had said N Harirajan, 34, had "died of AIDS" last Thursday, just three months into a six-year jail sentence in Kajang prison for robbery.

He was found dead in a gruesome state and his family said they were unaware that he had AIDS, even as a preliminary post-mortem diagnosed this.

Suaram said Harirajan was the sixth death in custody in the last three months.

"Harirajan faced similar injuries with bruises on chest, head, stitches above his right eye and bleeding from both ears. His eyes were still wide open while in the mortuary.
 
"Suaram demands an explanation over the condition of this young man in the hospital mortuary.

"How does he end up with blood stains on his body if the prison authorities claimed that he died of HIV?" Suaram coordinator R Thevarajan said in a statement.

He added that even though Harirajan died at 6am, his family was only informed in the afternoon.

Suaram said the IPCMC has been pending for nearly a decade and its delay showed that Malaysia lacked political will to control what might be police cruelty, with two custody deaths a month reported in February, March and April so far.

"Unfortunately the list is sure to grow longer by the end of the year. Interrogation methods and Standard Operating Procedure (SOP) in handling criminal suspects and prisoners must be urgently reviewed and reformed," Thevarajan said.

He noted that the Enforcement Agency and Integrity Commission (EAIC) had so far taken no action to arrest the serious and shocking problem.

Zaid bemoans lack of 'sensible Malays'

According to Zaid Ibrahim, a sensible Malay is one who will not do to others what he or she doe not want done to them

And in his latest blog posting, the former de facto law minister wondered if there enough sensible Malays in the country now?

Answering his own question, he said: "I am afraid it's a difficult question and, as a Malay, I feel embarrassed that I am unable to say a definite 'yes'."

Commenting on the case involving S Deepa and her Muslim convert ex-husband Izwan Abdullah, Zaid (left) lamented that Malays today do not seem outraged that a mother cannot have custody of her own son—even with a High Court order—just because she is Hindu.

"Instead, Malays seem to be supportive of the father who became a Muslim and took the son away illegally (from his ex-wife), telling everybody of course that it was to prevent his son from being converted to Hinduism," he added.

Noting that Malays have changed dramatically over the years, Zaid argued that such a situation would have happened in the past.

"A generation ago, the Malay community would not have been silent. It would not have condoned this travesty of justice.

"Malays of the past would have had no difficulty accepting that changing the religion of a child requires the decision of both parents (or guardians). It's just common sense," he added.

However, he claimed that Malays today have "abandoned empathy and fairness".

"What matters to them is that the parent doing the conversion is a Muslim. Malays today do not bother to even consider how they might feel if they were on the receiving end—if, hypothetically, the law should allow a non-Muslim parent to unilaterally convert a Muslim child to Hinduism or Christianity.

"Malays today no longer believe that fairness is about doing to others what they want others to do to them.

"I am still Malay and I hope more Malays will not be cowards like our leaders. They must speak up for justice and the principle of fairness to all," he added.

Zaid reminded the Malays that it is not possible to be a strong community in the absence of basic sense of decency and fairness.

"If we have no capacity to feel for others, how will it be possible for us to do justice to our own kind?" he asked.

'Prophet didn't grant Muslim parent custody'

Prophet Muhammad did not automatically grant custody of a child to a Muslim parent when he was asked to judge on a custody dispute involving a Muslim father and non-Muslim mother.

According to independent Islamic scholar and preacher Wan Ji Wan Hussin, the Prophet actually asked the child which of his parents he would prefer to be with.

"He placed the child between his non-Muslim mother and Muslim father and gave the child a choice. The child chose his non-Muslim mother.

"At that point, the Prophet said ‘Oh Allah, enlighten him’ and when the Prophet finished his prayer, the child went to his father," he wrote on his Facebook page.

When contacted by Malaysiakini, Wan Ji (right) said that the sunnah swayed the Hanafi and Maliki schools of thought to believe that custody should be granted on the basis of love, rather than the parents' faith.

This differed with the Shafie and Hanbali schools, which believe that it should be based on the parents' faith.

Wan Ji, who is a former PAS Ulama wing executive council member, said that he was inclined to adopt the view of the Hanafi and Maliki schools in the latest custody battle between S Deepa and her ex-husband Izwan Abdullah, a Hindu who converted to Islam.

This means custody should be granted to the Hindu mother rather than the Muslim father.

He said this is because the child is under seven, an age where he is considered in Islam to be ‘mumayiz’, that is being able to tell between right and wrong.

"At the age of six, the child is closer to his mother so I am more inclined to side with an argument based on love.

"I don't discount that some children are close to their fathers, but generally speaking, most children are closer to their mothers at a younger age as it is the mothers who nurse them,” he added.

'Islam prioritises love and safety'

Wan Ji said Muslims in Malaysia should look at the matter rationally, and not too emotionally, as even the Prophet did not insist that a child be cared for by a Muslim parent.

"I understand that some who want custody to be with the Muslim parent are concerned that the child may not be raised as a Muslim.
"However, I believe this can be solved as the court can still grant regular access to the father, even if the child is cared for by the mother,” he added.

He also urged all groups who have differing views on the matter to join a roundtable to discuss the matter with those who oppose them, so there is a rational and systematic solution.

"Islam would want love and safety (for the child) and not chaos," he said.

Izwan had snatched their six-year-old son from Deepa after the High Court granted her custody because he feared that she will not raise him as a Muslim. The couple have a nine-year-old daughter, who is with Deepa.

Deepa (left) said that she did not initially have plans to revoke her husband's unilateral conversion of her children to Islam.

However, she said that she is now determined to overturn the conversion after the boy was snatched from her Jelebu home.

"When they turn 18, they (the children) can choose what religion they want to (follow). I have nothing against Islam, because there are Muslims in my family too," she told Malaysiakini.

Deepa's mother, Siti Aishah, is a Muslim convert.

Police will not act on Deepa's report on the snatching, claiming that Izwan was granted custody by the Syariah Court. Deepa is filing a case against Izwan for contempt of court.

Ex-judge: Non-Muslim parents can have custody

The civil court can do justice in child custody disputes between a Muslim and a non-Muslim parent by granting custody to the non-Muslim parent with some conditions, says former Court of Appeal judge Mohd Noor Abdullah.

The conditions include not to let the Muslim children eat non-halal food and not to try to convert them.

“Both the Muslim and non-Muslim parents can share the custody of their Muslim children,” he told a news conference at Wisma Bernama in Kuala Lumpur yesterday.

“A non-Muslim parent who finds that the ex-husband or ex-wife has converted to Islam and also converted their children to Islam without his/her knowledge should bring up the matter or challenge it in the civil court.

“For example, when a father converted to Islam and converted his children too, the wife cannot appear in the syariah court to ask for justice, so she should take the case to the civil court.

“The civil court should call the Muslim and non-Muslim parents, listen to both and make a decision without interfering with the decision of the syariah court.”

Mohd Noor said: “Islam is a universal religion. Therefore, in a multiracial country like Malaysia, Islam must show a good example.

“It is not wrong to give the children to the Muslim father, but at least listen to what the non-Muslim mother has to say.”

He also said that the syariah court should be internationalised to enable the court to also listen to the grouses of the non-Muslim parent.

However, such a move would require amendments to the federal constitution, he added.

- Bernama
 

Ex-judge: Huge Hindu, Buddhist statues against Islamic teachings

(The Rakyat Post) - A retired Court of Appeals judge has expressed his view that the “huge” statues at a Hindu temple in Batu Caves and a Buddhist temple in Penang were against the teachings of Islam as the religion forbids idol worship.

Datuk Mohd Noor Abdullah said such statues of deities should not be out in the open, but should be placed within an enclosed building instead.

“With such a huge statue, you’re showing that your religion is all mighty and powerful,” Mohd Noor told the Malay Mail Online and Bernama in an joint interview yesterday, referring to the 42.7-metre high statue of Lord Murugan, the Hindu deity, at Batu Caves in Selangor.

Pointing to the Federal Constitution which states that Islam is the religion of the nation, the former judge insisted Islam was above other faiths.

“When non-Muslims build such big idols, it hurts people’s feelings,” he said, adding non-Muslims had freedom of worship, but such freedom must be exercised in a way where “Muslims don’t feel threatened”.

The retired judge also criticised the 30.2-metre high statue of Kuan Yin, the Goddess of Mercy, at a Buddhist temple in Air Itam, Penang.

“Islam forbids images (of gods). Here, you allow images of Buddha in the country. That’s not consistent with Islam. But if you cover it up, you can allow it.”

Mohd Noor also called for Malaysians to set aside their racial identity and to think of themselves as Malaysians in order to foster national integration.

“The Constitution does not divide the community into Malays, Chinese, Indians and others.

“In the Federal Constitution, Malaysia is composed of the Orang Asli, natives, and non-native community.”

He noted that the Constitution defines natives as the Malays from the peninsula and the Bumiputeras in Sabah and Sarawak.

“Malays now are inclusive Malays, not exclusive.”

Mohd Noor said that based on the Federal Constitution’s definition of a Malay — one who is defined as a Muslim who speaks the Malay language and conforms to Malay customs — Malaysians who convert to Islam should be considered Malay.

“Why should the Malays be jealous and reject them as Malays?

“People tell me that if Muslim converts are considered Malay, we’re selling off Malay rights to the Chinese and Indians.

“But Islam says that you should share and share alike with Muslims.”

Mohd Noor also called for the abolition of vernacular schools and said that Mandarin and Tamil could be taught at national schools instead.

“We can make English, Malay and Mandarin compulsory in national-type schools,” he said, noting that Mandarin had become an international language.

He added that Putrajaya should allocate more funds to develop the Orang Asli and native communities in Sabah and Sarawak, and also urged the Malays to “work hard like the Chinese”.

Mohd Noor first stirred controversy last year when he reportedly warned the Chinese of a Malay backlash for purportedly betraying the Barisan Nasional at the May 5 general election, which saw the ruling coalition’s worst-ever electoral performance.

“When Philosophy meets Religion”

Azly Rahman

An Invitation to a Virtual Interfaith Dialogue

Humanity cannot live by bread or rice alone – it needs transcultural philosophy as a foundation of morality.

The philosophical dimension of religion can be more powerful than its institutional and ritual. It should be through the philosophy of religion that one can explore the essence of the dialogue between what Hassidic philosopher Martin Buber calls, the “Thou and the I”, the Ultimate Self and the Ultimate Reality, or between Man and Creator. This is what is meant by the transcultural nature of mystical discourse. Those familiar with Buber’s philosophy will agree that the idea of the dialogical “I-Thou” contains a profound statement of Man’s ontological vocation, a transcultural-philosophical view can best be an avenue which can appeal to educational philosophers intending to explore universality in mystical thoughts.

For societies struggling to understand the potentials of an interfaith dialogue, this idea can be a good starting point for a powerful discourse.

“Universalism”

Let me illustrate some of the salient mystical ideas that correspond Buber’s ‘relational philosophy’; namely those from the Christian, Buddhist, Hindu, Taoist, and Islamic traditions. The transcultural dimension of I-Thou relation in the variety of religious experience points out to the Ultimate Reality and the illumination to self of which when this stage of enlightenment is achieved the “goodness” in Man is drawn out, Humanity reaches its moral epitome and the I-it world is imbued with the presence and vision of Thou-ness.

In Christianity, it is the Jesus of Love and the love of Jesus, which runs through the idea of the setting of the precondition of the I’s “meeting” with Thou. Humanity yearns for self-illumination and for the discovery of the inner beauty of self-government. St Francis Assisi’s parable of the seeker of God and poor man of a church (the Master of his own kingdom) illustrates this point:

“The Master asked… :

Whence are you come? From God Where did you find God?’ When I forsook all creatures When have you left God? In pure hearts and in sea of good will. The Master asked: What sort of man are you? I am a king. Where is your kingdom? My soul is my kingdom, so I can so rule my senses inwards and outward, that all the desires and powers of my soul are in subjection, and this kingdom is greater than a kingdom on earth. What has brought you to this perfection? My silence, my high thoughts, and my union with God. For I could rest in anything less than God. Now I have found and in God have eternal rest and peace.” (Underhill, pp 209-210)

In Buddhism, the Self acknowledges the Thou-ness of his/her existence through meditation and the following of the noble path in order for one to attain Nibbana. The I-it world can only reach salvation and prepare the meeting of the Thou through the Noble Eight-fold Path that leads to the cessation of suffering (Radhakrishnan & Moore, 1967) which among them call upon Man to:

“know suffering, the origin of suffering, the cessation of suffering, and the path that leads to the cessation of suffering; … to renounce the world and to do no hurt or harm; … to abstain from lies and slander, from reviling, and from tattle; … to abstain from taking life, from stealing, and from lechery; … (p 277)”

It is when these are taken to be a part of one’s commitment to self-purification that the I-it world may be elevated to a higher level of consciousness. In the Hindu cultural philosophy, the I-Thou meeting can be preconditioned by Man’s submission to the Law of Manu, a code of conduct written as metrical sutras of dealing with the religious, legal, customary, and political aspects of the Hindu philosophy .

The purpose of life as conceived by the Hindus is to arrive at the fullest realisation of his/her existence through dharma (righteousness), artha (wealth), kama (enjoyment) and moksha (spiritual freedom) (Radhakrishnan & Moore, p 172)

Man is to live anthromophically with Nature in a world wherein beings and non-beings have their significant in the cosmic and metaphysical order of creation. It is when the world is looked upon as an “It” – to be dominated – and peoples to be utilised that this order is violated and Mother Earth is raped and the cycle of destruction begins. In the Taoist tradition, the character of Lao Tze, controversial to many a Confucionist of his philosophy of Nature, is an epitome of the “Thou-ness” in thought.

In Lao Tze, Nature is not to be tampered with at all, illustrative in his symbolic metaphor of the uncarved stone of which creativity of Man would carve into representations. If there should be a great grandfather of ecophilosophy, Lao Tze would be one. In one of the most foundational dialogues in the Taoist philosophical thoughts, in which Kung Fu Tze (Confucius) is said to visit Lao Tze to consult him in matters of propriety: Lao Tzu said:

“Those of whom you talked about are dead and their bones are decayed. Only their words have remained. When the time is proper, the superior man rides in a carriage, but when it is not, he covers himself up and staggers away. I have heard that a good merchant stores away his treasures as if his store were empty and that a superior man with eminent virtues appear as if he were stupid. Get rid of your air of pride and many desires, your insinuating manners and lustful wishes. None of these is good for you. That is all I have to tell you. (translation, Chan, 196, p 36)

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Anwar's PC

Opposition leader Anwar Ibrahim has hit back at Prime Minister Najib Abdul Razak for “manipulating” a comment made to Chinese daily Southern Weekly.

At a Finance Ministry meeting yesterday, Najib had attacked Anwar for reportedly saying that he could have solved the Malaysia Airlines Flight MH370 mystery “in one second if he was prime minister”.



PKR de facto leader Anwar Ibrahim reiterated that his fight to win the presidency is not with his wife Dr Wan Azizah Wan Ismail, but with the Registrar of Societies (ROS).



Pakatan Rakyat has been told to be “mindful” that Umno will use PAS’ proposal to implement hudud in Kelantan, in order to get political mileage.

In issuing the reminder, PKR de facto leader Anwar Ibrahim pointed to Umno’s inconsistency on the matter.



Opposition leader Anwar Ibrahim has criticised Prime Minister Najib Abdul Razak for remaining silent on the MH370 crisis and refusing to take questions from the media.

Opposition leader Anwar Ibrahim has criticised Prime Minister Najib Abdul Razak for remaining silent on the MH370 crisis and refusing to take questions from the media.

Anwar also questioned the government’s refusal to release the cargo manifest from MH370.

Child conversion ban even without Cabinet decision, says Bar chief

Malay Mail
by BY BOO SU-LYN


KUALA LUMPUR, April 16 — A 2009 Cabinet “ruling” prohibiting unilateral child conversions has no authority of its own but the decision was valid as the same safeguard exists in the Federal Constitution, Malaysian Bar president Christopher Leong said yesterday.

Leong explained that while such government directives could be ignored, the Cabinet prohibition against one parent converting his offspring to another religion on his own was consistent with the Federal Constitution, meaning the ban was essentially in effect already.

Questions recently arose on the outcome of the 2009 decision, after another interfaith custody battle revealed that the Muslim convert father unilaterally changed the religion of his two children to Islam in 2013 — near four years after the supposed ban.

“There is strictly no need for any other laws as the Federal Constitution is clear,” Leong told The Malay Mail Online yesterday.

“If you read the constitution properly, you don't need any other law. But the problem is, people seem to be confused, so the government thought they'd come up with an amendment to the Law Reform (Marriage and Divorce) Act 1976.

However, these proposed amendments were deferred by the government for further consultation, and then apparently quietly forgotten, Leong said.

“We urge the government to renew its initiative to introduce these amendments,” he added.

Leong stressed that Article 12(4) of the Federal Constitution — which states that the religion of a person under 18 years of age shall be decided by “his parent or guardian” — referred to both genders and both parents.

“Article 160, read with the Eleventh Schedule (of the Federal Constitution), governs the interpretation of the Federal Constitution and states that ‘words importing the masculine gender include females’; and ‘words in the singular include the plural, and words in the plural include the singular’.

This rendered unilateral religious conversions of any minor children in breach of this law unconstitutional, the lawyer said.

Former de facto law minister Datuk Zaid Ibrahim said today that the Cabinet’s 2009 decision on child conversions was consistent with the country’s supreme law.

“The problem is people don't want to follow it. People decide which law they want to follow and the government is weak,” Zaid told The Malay Mail Online.

He said that back in 2009, Putrajaya had proposed amendments to the Law Reform (Marriage and Divorce) Act and the Islamic Family Law to ensure that issues like child support and custody would be determined by the court in which the marriage had been registered in, regardless if one spouse embraces another religion later on.

This worked for all religions, Zaid explained, and not just in cases of unilateral conversions to Islam.

“So theoretically, if one of the Muslim couple became a Hindu, you still have to go back to Shariah law,” said Zaid, who has served as de facto law minister in the Abdullah administration.

He added that another proposed amendment was to ensure that minors cannot be converted into another faith without the permission of both parents.

Last week, Hindu woman S. Deepa won full custody of her two children ― a nine-year-old daughter and a six-year-old son — at the Seremban High Court.

The estranged husband, a Muslim convert born N. Viran who now goes by Izwan Abdullah, had snatched the boy from the mother two days later, insisting he too had full custody as awarded by the Shariah Court, after he converted their children to Islam last year without his wife’s consent or knowledge.

In its April 7 ruling, the Seremban High Court said Deepa and Viran had married in a civil union, which put the dissolution of their marriage outside the jurisdiction of the Shariah courts.

The police have refused to act on Deepa’s abduction complaint against the child’s father, with Inspector-General of Police Tan Sri Khalid Abu Bakar citing the two conflicting court orders as the reason.

The case was another in a series of inter-religious tussles that have arisen from the blurred lines between the civil and Shariah court's jurisdictions that exists in the Malaysian legal system.

Najib's Visit To Turkey Will Further Enhance Bilateral Ties - Malaysia's Ambassador To Turkey

Amran Mohamed Zin.From Mohd Shukri Bin Ishak

ANKARA, April 16 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak's three-day official visit to Turkey beginning Wednesday will further bilateral relations between Malaysia and Turkey, said Malaysia's Ambassador to Turkey, Amran Mohamed Zin.

He said the mission was aimed at boosting trade and investment between Malaysia and Turkey and strengthen business networking between the private sectors of both countries.

"The visit will seek to broaden and deepen the existing cooperation between Malaysia and Turkey as well as to provide an excellent opportunity for the leaders of both countries to exchange views and achieve closer understanding on issues of mutual interest," he told reporters here today.

The Prime Minister will be accompanied by his wife Datin Sri Rosmah Mansor, Foreign Minister Datuk Seri Anifah Aman, International Trade and Industry Minister Datuk Seri Mustapa Mohamed, Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir and senior government officers.

"The visit will further enhance the close bilateral ties between both countries particularly with the signing of the Malaysia-Turkey Free Trade Agreement," said Amran.

The signing will be witnessed by Najib and his Turkish counterpart, Recep Tayyip Erdogan, who had extended the invitation for the Malaysian leader to visit Turkey.

"Both Prime Ministers will also witness the signing of several other Memoranda of Understanding between institutions of higher learning and private sectors of the two countries.

"Total trade between Malaysia and Turkey last year stood at US$1.1 billion. Malaysia and Turkey are targeted to increase trade volume to US$5 billion in five years time," he said.

Amran said the FTA will not only benefit local companies in both countries but also attract investors to locate their operations here in order to reap the FTA benefits.

Amran said the prime minister was scheduled to arrive at the Esenboga International Airport here at 11pm Wednesday (Malaysian time 4am April 17), from Kuala Lumpur.

Tomorrow (Thursday), Najib is scheduled to call on Turkish President Abdullah GUlan and meet Erdogan for a restricted meeting, followed by a delegation meeting, here.

Najib is also scheduled to deliver a lecture titled 'Malaysia-Turkey Strategic Partnership in a Globalising Asia' at an event organised by the Foundation for Political, Economic and Social Research and International Strategic Research Organisation of Turkey, in collaboration with the Foundation of Research on Transformation of Malaysia.

He is also scheduled to deliver a keynote address at a business roundtable luncheon organised by the Union Chambers and Commodity Exchanges of Turkey and the Foreign Economic Relations Board, in collaboration with the Malaysia External Trade Development Corporation (Matrade).