Saturday, 1 November 2014
Saudi Arabia's Religious Police Outlaw 'Tempting Eyes'
It's a safe bet that Sheikh Motlab al Nabet, spokesman of Saudi Arabia's religious police, isn't a fan of Cole Porter. "The lure of you" is precisely why Nabet announced yesterday that the Committee for the Promotion of Virtue and the Prevention of Vice will cover any women's eyes that are deemed "tempting." "The men of the committee will interfere to force women to cover their eyes, especially the tempting ones" he said. "[We] have the right to do so."
What are "tempting" eyes? One Saudi journalist mused on condition of anonymity that they are "uncovered eyes with a nice shape and makeup. Or even without makeup, if they are beautiful, the woman will be in trouble." The Orwellian-named committee did not provide a definition of tempting, but if they happen to rely on Merriam-Webster, then it means "having an appeal." What is an appeal? According to the dictionary, it is "arousing a sympathetic response." And what is sympathetic? "Showing empathy," according to Merriam-Webster.
So there you have it. To allow a women's eyes to capture the unfettered glory of the world, one must empathize with her very existence. But the religious police--massively funded by King Abdullah--cannot do this. "It's so stupid," the Saudi journalist tells me. "I don't know what to say. They have to stop this. Many people will oppose this in the country. They won't be silent."
Perhaps they won't be, but the Committee for the Promotion of Virtue and the Prevention of Vice has some of the most powerful backers in the country. Prince Naif, recently appointed heir to the throne, has said: "The committee is supported by all sides ... It should be supported because it is a pillar from Islam. If you are a Muslim, you should support the committee." No surprise, then, that King Abdullah awarded this draconian body an additional 200 million riyals (about $53 million) in March.
How should America respond to this latest affront to Saudi women? Perhaps it can sponsor a contest of the most tempting eyes in Saudi Arabia. Women will send in pictures of their most tempting look and the winner will get to accompany President Obama during his next meeting with the Saudi dictator.
If Congress reconsidered the recent $60 billion U.S.-Saudi arms deal, the religious police might quickly find it "tempting" to stop treating women as property.
Libya’s highest spiritual leader banned from UK over support of Islamists
Sheikh Sadik Al-Ghariani used website based in Devon to celebrate violent capture of Tripoli by militia force Libya Dawn
The Guardian
Libya’s highest spiritual leader, the grand mufti Sheikh Sadik Al-Ghariani, has been banned from entering the UK after it emerged he had been helping direct the Islamist-led takeover of Tripoli from England.
Ghariani fled the UK in August after the Guardian revealed that he was broadcasting to militants in Libya using an internet television station owned by a relative in Devon.
The radical cleric used the website Tanasuh to celebrate the violent capture of Tripoli by Islamist militia force Libya Dawn, and to order a widening of the rebellion.
Home Office officials examined his broadcasts and issued a Risk and Liaison Overseas Network (Ralon) order excluding him from entering the UK.
A Home Office spokesman said: “We do not routinely comment on individual cases. But we are clear that those who seek to foster hatred or promote terrorism are not welcome in the United Kingdom. We will take action against those who represent a threat to our society or seek to subvert our shared values.”
It is not known where in the UK Ghariani was living for several months earlier this year, but his internet television station is registered to a close relative at a whitewashed terraced house near Exeter city centre.
Using the Arabic-language website, which is viewed thousands of times a day in Libya, the influential cleric broadcast directly to jihadi militants battling government forces in Tripoli. “I congratulate the revolutionaries in their victory, I give blessing to the martyrs,” he told his followers the day after Tripoli fell to Libya Dawn.
Libya has endured its worst violence since the 2011 overthrow of Muammar Gaddafi, after Libya Dawn, an alliance of Islamist and Misrata forces, swept into the capital, set fire to buildings and arrested opponents, as the government fled to eastern parts of the country.
Whitehall sources confirmed in August that Ghariani was in the UK on a private visit. He is thought to have been in the UK for some months where he may have undergone private medical treatment. Reports in Libya suggest the grand mufti has recently been treated for cataracts.
International envoys regard Ghariani as an influential voice in Islamist circles, and earlier this week he met in Tripoli with UN Libya envoy Bernadino Leon to discuss peace proposals. War continues to rage south of the capital and in the eastern city of Benghazi, where air strikes on Thursday pounded Islamist militia positions.
Peace talks are stalled over the refusal of Libya Dawn to recognise the parliament, elected in June.
Earlier this month, Libya’s government called on the parliament, which has fled to the eastern town of Tobruk, to fire Ghariani from his position, angry about a recent statement in which he accused the authorities of seeking support abroad for foreign military intervention.
Ghariani has won both support and criticism in Libya for his calls for male and female students to be separated at universities, and for bans on Libyan women marrying foreigners and the import of lingerie.
Libya’s highest spiritual leader, the grand mufti Sheikh Sadik Al-Ghariani, has been banned from entering the UK after it emerged he had been helping direct the Islamist-led takeover of Tripoli from England.
Ghariani fled the UK in August after the Guardian revealed that he was broadcasting to militants in Libya using an internet television station owned by a relative in Devon.
The radical cleric used the website Tanasuh to celebrate the violent capture of Tripoli by Islamist militia force Libya Dawn, and to order a widening of the rebellion.
Home Office officials examined his broadcasts and issued a Risk and Liaison Overseas Network (Ralon) order excluding him from entering the UK.
A Home Office spokesman said: “We do not routinely comment on individual cases. But we are clear that those who seek to foster hatred or promote terrorism are not welcome in the United Kingdom. We will take action against those who represent a threat to our society or seek to subvert our shared values.”
It is not known where in the UK Ghariani was living for several months earlier this year, but his internet television station is registered to a close relative at a whitewashed terraced house near Exeter city centre.
Using the Arabic-language website, which is viewed thousands of times a day in Libya, the influential cleric broadcast directly to jihadi militants battling government forces in Tripoli. “I congratulate the revolutionaries in their victory, I give blessing to the martyrs,” he told his followers the day after Tripoli fell to Libya Dawn.
Libya has endured its worst violence since the 2011 overthrow of Muammar Gaddafi, after Libya Dawn, an alliance of Islamist and Misrata forces, swept into the capital, set fire to buildings and arrested opponents, as the government fled to eastern parts of the country.
Whitehall sources confirmed in August that Ghariani was in the UK on a private visit. He is thought to have been in the UK for some months where he may have undergone private medical treatment. Reports in Libya suggest the grand mufti has recently been treated for cataracts.
International envoys regard Ghariani as an influential voice in Islamist circles, and earlier this week he met in Tripoli with UN Libya envoy Bernadino Leon to discuss peace proposals. War continues to rage south of the capital and in the eastern city of Benghazi, where air strikes on Thursday pounded Islamist militia positions.
Peace talks are stalled over the refusal of Libya Dawn to recognise the parliament, elected in June.
Earlier this month, Libya’s government called on the parliament, which has fled to the eastern town of Tobruk, to fire Ghariani from his position, angry about a recent statement in which he accused the authorities of seeking support abroad for foreign military intervention.
Ghariani has won both support and criticism in Libya for his calls for male and female students to be separated at universities, and for bans on Libyan women marrying foreigners and the import of lingerie.
Muslim groups, in diatribe, hit out at Malaysian jihadists
The Malaysian Islamic Development Department (Jakim) in its Friday sermon today hit out at local jihadists for tarnishing Islam's image as a religion of peace, Bernama reports.
“The meaning of jihad in Islam is wider than war as it includes all aspects of human action in upholding Allah’s religion, such as pursuing education, strengthening the economy, eradicating poverty, reinforcing the community’s unity, battling desires and the devil, as well as making sure the community is happy in this life and the hereafter," it said.
Jakim said the renowned Egypt-based fatwa institution, Darul Ifta, decreed that the Islamic State (IS) was prohibited in Islam because it brought ruin to nations and tarnished the image of Islam and its adherents.
Bernama reported that the National Fatwa Council, during its meeting on October 23, ruled that it was against Islamic teachings for Muslims to join the IS and that their deaths would not be considered martyrdom.
Muslim group Pertubuhan Ilmuan Malaysia Executive Advisor Fathul Bari Mat Jahya said the misinterpretation of jihad led certain Muslims astray.
He said jihad in the context of supporting a cause requires the consent of the authorities.
Other factors that constitute a true jihad are that the participants must be practicing Muslims, have attained puberty, and obtained permission from their parents.
"Hence, if they go and take part in some struggle or other without the permission of the government, it cannot be construed as jihad," he told Bernama.
Fathul, who is also an Umno Youth excutive council member, said their shallow knowledge of Islam was among the reasons some Malaysians were being lured into joining the wars waged in other countries.
"This (lack of knowledge) has made them vulnerable to people who have persuaded them into joining their struggle, and some of them have lost their lives," he said.
He also dismissed claims that Malaysian Muslims have joined IS, saying not all of them had joined the group.
He said Malaysia's diplomatic ties with Syria would be jeopardised if Malaysians chose to join the militants.
"Those militants practise violence and their actions don't portray the true picture of Islam. Even the scholars of Sunnah Wal Jamaah reject militant movements."
He added that although Malaysia did not support Syria's Shia practice, "we still have to respect our nation's diplomatic relations with that country."
But, Mohd Nazim Mohd Noor, an imam based in Perlis, said any form of jihad had to be carried out in an orderly manner.
"If there's no orderliness, it will cause more problems."
Home Minister Datuk Seri Ahmad Zahid Hamidi previously said that the police had identified more than 30 Malaysians, including a woman, who were linked to IS.
Bernama reported that besides IS, some Malaysian citizens are also known to be involved with other militant groups in Syria, namely Jabhat al-Nusra and Ajnad al-Sham. These groups usually use verses from the Quran and the term jihad to attract their targets.
- See more at: http://www.themalaysianinsider.com/malaysia/article/muslim-groups-in-diatribe-hit-out-at-malaysian-jihadists#sthash.lIFvMAY5.dpuf
Home Ministry ready to return Christian items to Sabah pastor
The Home Ministry clarified today that the Christian books and CDs seized at klia2 last Saturday had nothing to do with the materials containing the word Allah.
Hashimah Nik Jaafar, the ministry's publications and Quranic text division head, told The Malaysian Insider that the owner, Maklin Masiau, had been contacted and the materials would be returned to him.
She said they were seized by the Customs Department as the person carrying it did not have an import permit, which is required when foreign publications are brought into the country.
She said usually when publications were brought in by bookshop owners, they would usually do it through agents who would liaise with her department for the permit.
She added that if a person was just carrying one or two books, the customs officers would usually just let the person through.
"But he was carrying 574 books and 419 CDs in five to six boxes so naturally the customs officers would check.
"And it was just procedure for them to seize it for the purposes of referring the publications to us because they were brought in from another country in bulk without an import permit.
"But it had nothing to do with the materials containing the word Allah," Hashimah told The Malaysian Insider today.
She added that the books and CDs were now in the Home Ministry's possession at the airport terminal and they had verified that they were brought in for the owner's own use.
"If he would have come and seen us when the items were seized, we would have checked and cleared it and he could have taken it back with him to Sabah.
"But in this case, he went back to Sabah without refering to us."
She said Masiau had been told that the cost of getting the materials back to him in Sabah would have have to be borne by him.
"He has not given us an answer on that yet, so we will wait for him to decide on how that is going to be done."
The Malaysian Insider reported today that Masiau was detained and questioned for 40minutes by the Customs officers before his books and CDs were seized last Saturday.
He posted on his Facebook page that he was now prepared for the long process of getting the authorities to release the materials.
“I know the football game had just started.”
Tan Sri Joseph Kurup, the minister in charge of unity, said in a statement today that efforts were being made to ensure the Christian books and CDs were returned to its owner.
"We will do our best to ensure the books and CDs are returned as we are totally committed to the 10-point agreement.
"We are making the necessary efforts to have the books and CDs returned as soon as possible to the owner
The 10-point agreement drawn up before the Sarawak state elections in 2011 provided for Bibles in all languages to be imported, including those in Bahasa Malaysia and Bahasa Indonesia which contained the word “Allah”.
It also allowed for the printing, importation and distribution of the Alkitab, the Bahasa Malaysia version of the Bible. – October 31, 2014.
- See more at: http://www.themalaysianinsider.com/malaysia/article/home-ministry-says-seizure-of-christian-items-nothing-to-do-with-allah#sthash.ytktxbde.dpuf
Zaid tells Malaysia to quit UN and join IS
"If you are a member of the UN and the Security Council, then you are subscribing to a liberal world.
"This league of nations is established on principles of human rights, minority rights and women rights," added the former de facto law minister.
Zaid was speaking at a press conference organised by Sisters in Islam (SIS) on its judicial review on a fatwa against those promoting Islamic liberalism and pluralism.
He said Prime Minister Najib Abdul Razak should also take action against groups that do not adhere to this."I would suggest to the prime minister that he should stop all the nonsense by Ikatan Muslimin Malaysia (Isma) and PAS fellows because they don't understand this concept," he added.
Zaid who is a co-appellant in the judicial review filed by SIS, also said the fatwa issue was not just a legal problem but a politically-motivated one.
'Political will too involved in fatwa issue'
"This is not a legal problem alone but involves political will as well."
He also queried the prime minister on what was going on in the country today, with the increase in issues like the above of late.
"What is the direction this country is heading to, where are we going?" Zaid asked stating that if this continued, Malaysians will be segregated and polarised.
Touching on the issue of the hudud implementation, he said that it would not be passed as it is "risky business".
"Umno will not implement hudud, there is so much of corruption around, so it is risky business to do so.
"Neither would PAS want the law to be executed," Zaid added.
Isma: IGP, why no action on 'Malay pendatang'?
The movement's vice-president Abdul Rahman Dali (right)
said prior to this, the police were swift in investigating Isma
president Abdullah Zaik Abdul Rahman, who was later charged under the
Sedition Act."More than 20 police reports were made (against Tan). But until today, there has been no action.
"Why is there no action? Are the police practising selective action,” he told Ismaweb.
The Batu Pahat Gerakan member drew flak when he said with the exception of the Orang Asli and natives of Sabah and Sarawak, others were pendatang or immigrants.
Tan also said that Malays also emigrated from Indonesia.
He made the remark during the Gerakan national conference, where he also took a swipe at Isma and Perkasa, saying the movements’ leaders should be considered as people suffering from an incurable mental illness.
Tan later apologised and he has since been suspended from the party.
Previously, the Isma president was hauled to court over his remark on May 6 that Chinese migrants brought in by the British to Tanah Melayu were "trespassers".
Spell out ‘liberalism’ before attacking us for it, Muslim group tells authorities
(Malay Mail Online) – Accused of being “deviants”, a Muslim women’s group and several activists today urged Putrajaya and religious authorities to clearly define “liberalism” and “religious pluralism”, and how the concepts are against Islam.Sisters in Islam (SIS) also claimed that it was not consulted before the Selangor religious authorities decreed a fatwa, or religious edict, singling out the group as “deviants”—insisting that such a process is necessary before issuing a fatwa.
“What does it mean when they’re accusing us of being so-called liberals and religious pluralists?
“Can they please define these two terms and say exactly what it is we did that is liberal and pluralistic, and somehow also against Islam?” asked Datin Paduka Marina Mahathir, a board member of SIS, at a press conference here.
“What we’ve worked for these years, is for justice and equality for Muslim women. If justice and equality is considered non-Islamic, then I don’t know (what is Islamic).”
SIS filed its challenge in the Kuala Lumpur High Court this morning together with several individuals previously labelled as “liberals”, including prominent feminist Zainah Anwar and former law minister Datuk Zaid Ibrahim.
They named the Selangor Islamic Religious Council (Mais), the Selangor Fatwa Council, and the Selangor government as respondents.
The fatwa by Mais gazetted on July 31, 2014, singled out SIS by name, in addition to “any individuals, organisations or institutions”.
It also deemed any publications with elements of liberalism and religious pluralism as haram, or prohibited, and can be seized by religious authorities.
“I am a Muslim, and a liberal. When they issued such fatwa, naturally I was offended,” Zaid told reporters.
“I urge the prime minister to spell this out, for the sake of all Muslims,” he added.
Malaysia’s religious authorities have long derided liberalism and pluralism, with Friday sermons nationwide claiming a conspiracy by “enemies of Islam” to manipulate Muslims through ideas like secularism, socialism, feminism and positivism, in addition to the two.
This was repeated by Prime Minister Datuk Seri Najib Razak, who in April said that Islam is now being tested by new threats under the guise of humanism, secularism, liberalism and human rights.
SIS’s challenge, however, has antagonised conservative Muslims, with PAS Youth today declaring SIS as an “insolent” and “extremist” group out to challenge the monarchy and Federal Constitution.
Pro-clergy Muslim group Geng Ustaz Cintakan Ulama (Gang of Ulama-loving Ustaz) also originally planned a rally against SIS in front of the Kuala Lumpur Courts Complex this morning, but only six people turned up to the aborted event.
“We have a right to file a judicial review, it is within the law,” SIS executive director Ratna Osman replied to the Muslim groups.
Pastor aims wrath at Gani and Nancy
Sabah church chief Dusing calls the two 'obnoxious' for defending Ibrahim Ali.
FMT
PETALING JAYA: A Christian leader today condemned Attorney General Abdul Gani Patail and de facto Law Minister Nancy Shukri for what he described as their “obnoxious” defence of Perkasa chief Ibrahim Ali’s call for the burning of Bibles.
The two must be held responsible for racial and religious tension that may result from their stand on the issue, said Jerry Dusing, president of the Sidang Injil Borneo or the Evangelical Church of Sabah.
“There are limits to what one can say against another religion,” said the pastor. “Asking for the holy scriptures of another religion to be burned violates the most basic of human decency.”
Dusing said Gani’s and Nancy’s failure to act against bigotry served only to embolden extremists to become more incendiary against non-Muslims.
“The views of both the AG and the law minister are both obnoxious and unacceptable,” he said. “It is clear under Article 8 (1) of the Federal Constitution that all persons are equal before the law and entitled to the equal protection of the law.
“Even Muslim leaders in the government reject such extremism.”
Dusing welcomed the statement by Sabah Legislative Assembly Speaker Salleh Said Keruak that letting Ibrahim off was as good as telling Malaysians that it is right to burn Bibles.
Salleh also said that burning Bibles was not something that Muslims in Sabah and Sarawak would endorse.
Dusing ticked off former prime minister Mahathir Mohamad for defending Ibrahim, saying he should speak with a voice of moderation instead of encouraging extremism.
He said it was evident to Malaysians that racial and religious polarisation in the country had reached alarming levels.
PETALING JAYA: A Christian leader today condemned Attorney General Abdul Gani Patail and de facto Law Minister Nancy Shukri for what he described as their “obnoxious” defence of Perkasa chief Ibrahim Ali’s call for the burning of Bibles.
The two must be held responsible for racial and religious tension that may result from their stand on the issue, said Jerry Dusing, president of the Sidang Injil Borneo or the Evangelical Church of Sabah.
“There are limits to what one can say against another religion,” said the pastor. “Asking for the holy scriptures of another religion to be burned violates the most basic of human decency.”
Dusing said Gani’s and Nancy’s failure to act against bigotry served only to embolden extremists to become more incendiary against non-Muslims.
“The views of both the AG and the law minister are both obnoxious and unacceptable,” he said. “It is clear under Article 8 (1) of the Federal Constitution that all persons are equal before the law and entitled to the equal protection of the law.
“Even Muslim leaders in the government reject such extremism.”
Dusing welcomed the statement by Sabah Legislative Assembly Speaker Salleh Said Keruak that letting Ibrahim off was as good as telling Malaysians that it is right to burn Bibles.
Salleh also said that burning Bibles was not something that Muslims in Sabah and Sarawak would endorse.
Dusing ticked off former prime minister Mahathir Mohamad for defending Ibrahim, saying he should speak with a voice of moderation instead of encouraging extremism.
He said it was evident to Malaysians that racial and religious polarisation in the country had reached alarming levels.
Red faced Home Ministry explains seizure
The release of the material would depend on the pastor involved proving that he had a scheduled flight to Sabah.
FMT
KUALA LUMPUR: Religious items including CDs seized last Sat at KLIA2 from a Christian pastor on the way home to Sabah from Medan, Northern Sumatra, will be released if certain conditions are met.
“We are trying to ascertain if he was bringing it to Semenanjung or taking it to Sabah and if he’s on transit, why was it (the material) in the main terminal? asked Hashimah Nik Jaafar who heads the Home Ministry’s Publications Control and Al-Quran Text Unit. “We are trying to get verification from Customs and the person involved.”
She was stressing in a media update that the Home Ministry doesn’t confiscate Christian material if they are meant for Sabah and Sarawak. “So we have to determine whether these books and CDs were really meant for Sabah and Sarawak or they were being brought into the peninsula,” she added.
She explained that the procedures for import of Christian material into the peninsula and Borneo were different.
In the case of Borneo, there’s no need to seek written approval from the Home Ministry.
For the peninsula, importers of such material would have to seek written approval from the Home Ministry. However, no such approval would be given. Instead, the Home Ministry would write back to say that a certain number of the materials can be brought in.
Revisiting the seizure last Sat, Hashimah belaboured the point that the release of the material would depend on the pastor involved proving that he had a scheduled flight to Sabah.
“If the person was really taking the material to Sabah, he has to produce his air ticket. We would release the material to him when he was leaving KLIA,” she claimed.
Maklin Masiau, the pastor at the centre of the storm, wrote in a FaceBook posting: “Even though I pleaded with them not to seize my things with all kinds of concrete reasons, they were steadfast in seizing them. Their main reason for the seizure was that the books and the CDs contained the word Allah.”
“I will follow up on the seizure according to the required procedures and believe a settlement can be reached,” he stressed.
He has vowed to take the Home Ministry to Court, if necessary, on the matter. He was advised by Customs to deal with the Home Ministry to seek the return of the items seized from him.
“I know the football game has just started,” wrote Maklin on his Facebook page, indicating that he was prepared for the long drawn process of getting his materials back from the authorities. “I have been cheated as a Sabahan to practise my religion as guaranteed under the Malaysia Agreement.”
Maklin was in Kuala Lumpur enroute to Kota Kinabalu from Medan in Northern Sumatra where he had bought the CDs, costing RM 10,000, as Christmas gifts for his church, Bethel Mawar Saron.
KUALA LUMPUR: Religious items including CDs seized last Sat at KLIA2 from a Christian pastor on the way home to Sabah from Medan, Northern Sumatra, will be released if certain conditions are met.
“We are trying to ascertain if he was bringing it to Semenanjung or taking it to Sabah and if he’s on transit, why was it (the material) in the main terminal? asked Hashimah Nik Jaafar who heads the Home Ministry’s Publications Control and Al-Quran Text Unit. “We are trying to get verification from Customs and the person involved.”
She was stressing in a media update that the Home Ministry doesn’t confiscate Christian material if they are meant for Sabah and Sarawak. “So we have to determine whether these books and CDs were really meant for Sabah and Sarawak or they were being brought into the peninsula,” she added.
She explained that the procedures for import of Christian material into the peninsula and Borneo were different.
In the case of Borneo, there’s no need to seek written approval from the Home Ministry.
For the peninsula, importers of such material would have to seek written approval from the Home Ministry. However, no such approval would be given. Instead, the Home Ministry would write back to say that a certain number of the materials can be brought in.
Revisiting the seizure last Sat, Hashimah belaboured the point that the release of the material would depend on the pastor involved proving that he had a scheduled flight to Sabah.
“If the person was really taking the material to Sabah, he has to produce his air ticket. We would release the material to him when he was leaving KLIA,” she claimed.
Maklin Masiau, the pastor at the centre of the storm, wrote in a FaceBook posting: “Even though I pleaded with them not to seize my things with all kinds of concrete reasons, they were steadfast in seizing them. Their main reason for the seizure was that the books and the CDs contained the word Allah.”
“I will follow up on the seizure according to the required procedures and believe a settlement can be reached,” he stressed.
He has vowed to take the Home Ministry to Court, if necessary, on the matter. He was advised by Customs to deal with the Home Ministry to seek the return of the items seized from him.
“I know the football game has just started,” wrote Maklin on his Facebook page, indicating that he was prepared for the long drawn process of getting his materials back from the authorities. “I have been cheated as a Sabahan to practise my religion as guaranteed under the Malaysia Agreement.”
Maklin was in Kuala Lumpur enroute to Kota Kinabalu from Medan in Northern Sumatra where he had bought the CDs, costing RM 10,000, as Christmas gifts for his church, Bethel Mawar Saron.
Pastor set to take on Home Ministry
“I have been cheated as a Sabahan to practise my religion as guaranteed under the Malaysia Agreement.”
FMT
KOTA KINABALU: A pastor who was detained for 40 minutes at KLIA2 last Sat and had his religious books and CDs seized by the Customs Department has vowed to take the Home Ministry to Court, if necessary, on the matter. He was advised by Customs to deal with the Home Ministry to seek the return of the items seized from him.
“I know the football game has just started,” wrote Maklin Masiau, the pastor, in a posting on his Facebook page, indicating that he was prepared for the long drawn process of getting his materials back from the authorities.
“I have been cheated as a Sabahan to practise my religion as guaranteed under the Malaysia Agreement.”
Maklin was breaking his silence on the seizure of the Christian books and CDs containing the word “Allah” from him.
“Even though I pleaded with them not to seize my things with all kinds of concrete reasons, they were steadfast in seizing them,” he said. “Their main reason for the seizure was that the books and the CDs contained the word Allah.”
Maklin was in Kuala Lumpur enroute to Kota Kinabalu from Medan in Northern Sumatra where he had bought the CDs, costing RM 10,000, as Christmas gifts for his church, Bethel Mawar Saron.
Maklin, who hasn’t been answering calls or responding to Whatsapp messages, appealed in his FaceBook posting for friends and well-wishers to remain calm, pray for a solution and avoid making sensitive comments.
“I will follow up on the seizure according to the required procedures and believe a settlement can be reached,” he stressed.
KOTA KINABALU: A pastor who was detained for 40 minutes at KLIA2 last Sat and had his religious books and CDs seized by the Customs Department has vowed to take the Home Ministry to Court, if necessary, on the matter. He was advised by Customs to deal with the Home Ministry to seek the return of the items seized from him.
“I know the football game has just started,” wrote Maklin Masiau, the pastor, in a posting on his Facebook page, indicating that he was prepared for the long drawn process of getting his materials back from the authorities.
“I have been cheated as a Sabahan to practise my religion as guaranteed under the Malaysia Agreement.”
Maklin was breaking his silence on the seizure of the Christian books and CDs containing the word “Allah” from him.
“Even though I pleaded with them not to seize my things with all kinds of concrete reasons, they were steadfast in seizing them,” he said. “Their main reason for the seizure was that the books and the CDs contained the word Allah.”
Maklin was in Kuala Lumpur enroute to Kota Kinabalu from Medan in Northern Sumatra where he had bought the CDs, costing RM 10,000, as Christmas gifts for his church, Bethel Mawar Saron.
Maklin, who hasn’t been answering calls or responding to Whatsapp messages, appealed in his FaceBook posting for friends and well-wishers to remain calm, pray for a solution and avoid making sensitive comments.
“I will follow up on the seizure according to the required procedures and believe a settlement can be reached,” he stressed.
Bedroom secrets and conspiracies exposed
Anwar Ibrahim says prosecution was simply enticing pro-government media with sensational bits for submission.
FMT
KUALA LUMPUR: No stranger to the tactics of prosecutors, opposition leader Anwar Ibrahim told reporters today that while his defence team had done “an impressive job, especially creating doubt in the tampering of evidence”, the prosecution team on the other hand was pandering to a pro-government media lusting for sensational news.
Anwar who was in court earlier today for the fourth day of his Sodomy II appeal told reporters, “The deputy public prosecutor quoted juicy parts of his submission for Utusan Malaysia and TV3.”
Those “juicy bits” included a four-letter word that lead prosecutor, Muhammad Shafee Abdullah said was allegedly uttered by Anwar to his former aide Mohd Saiful Bukhari Azlan who he is accused of sodomising, as part of their sexual play.
The lead prosecutor also attacked the defence team’s conspiracy theory that samples were contaminated, saying simply that the defence’s arguments made no sense at all.
Earlier as part of his submission, Shafee made the case that Anwar sexually harassed the victim over a prolonged period before taking it to the final act of sodomy.
In painstaking detail, Shafee also narrated how the alleged sodomy took place, thereby completing 20% to 30% of his submission today.
The proceedings will continue next week Monday when the prosecution argues the complainant’s credibility and other matters raised by the defence this past week.
KUALA LUMPUR: No stranger to the tactics of prosecutors, opposition leader Anwar Ibrahim told reporters today that while his defence team had done “an impressive job, especially creating doubt in the tampering of evidence”, the prosecution team on the other hand was pandering to a pro-government media lusting for sensational news.
Anwar who was in court earlier today for the fourth day of his Sodomy II appeal told reporters, “The deputy public prosecutor quoted juicy parts of his submission for Utusan Malaysia and TV3.”
Those “juicy bits” included a four-letter word that lead prosecutor, Muhammad Shafee Abdullah said was allegedly uttered by Anwar to his former aide Mohd Saiful Bukhari Azlan who he is accused of sodomising, as part of their sexual play.
The lead prosecutor also attacked the defence team’s conspiracy theory that samples were contaminated, saying simply that the defence’s arguments made no sense at all.
Earlier as part of his submission, Shafee made the case that Anwar sexually harassed the victim over a prolonged period before taking it to the final act of sodomy.
In painstaking detail, Shafee also narrated how the alleged sodomy took place, thereby completing 20% to 30% of his submission today.
The proceedings will continue next week Monday when the prosecution argues the complainant’s credibility and other matters raised by the defence this past week.
Woman charged with backing IS
The 25-year-old is suspected of attempting to travel to Syria to marry a militant.
FMT
SEPANG: A 25-year-old woman suspected of supporting the IS militant group was charged in the Sessions Court today.
Ummi Khalsom Bahok, who works as an assistant credit controller, faces alternative charges of giving support to IS or travelling to Syria to get married to one Aqif Hussein Rahaiza for the benefit of the militant group.
Both charges come under the Penal Code. Ummi Kalsom was not represented and no plea was recorded.
Judge Aizatul Akmal Maharani set Nov 20 for mention for the case to be transferred to the High Court. The charge does not have a provision for bail.
Ummi Khalsom, who was attired in black robes and a veil, was seen to be calm as she nodded to indicate she understood the charge read out by a court interpreter.
If found guilty, she can be jailed for life or up to 30 years or fined. She is also liable to forfeiture of any property used or intended to be used in connection with the commission of the offence.
It is alleged that she was to have boarded an AirAsia flight to Brunei en route to Istanbul, from where she would have gone to Syria to marry Aqif, a member of IS.
- Bernama
SEPANG: A 25-year-old woman suspected of supporting the IS militant group was charged in the Sessions Court today.
Ummi Khalsom Bahok, who works as an assistant credit controller, faces alternative charges of giving support to IS or travelling to Syria to get married to one Aqif Hussein Rahaiza for the benefit of the militant group.
Both charges come under the Penal Code. Ummi Kalsom was not represented and no plea was recorded.
Judge Aizatul Akmal Maharani set Nov 20 for mention for the case to be transferred to the High Court. The charge does not have a provision for bail.
Ummi Khalsom, who was attired in black robes and a veil, was seen to be calm as she nodded to indicate she understood the charge read out by a court interpreter.
If found guilty, she can be jailed for life or up to 30 years or fined. She is also liable to forfeiture of any property used or intended to be used in connection with the commission of the offence.
It is alleged that she was to have boarded an AirAsia flight to Brunei en route to Istanbul, from where she would have gone to Syria to marry Aqif, a member of IS.
- Bernama
Mahathir explains why some Muslims becoming jihadists
In the Quran, it is said clearly that all Muslims are brothers. But, how will you go to heaven when you are killing fellow Muslims?
FMT
PUTRAJAYA: Former Prime Minister Tun Dr Mahathir Mohamad said today one factor that drives more Muslims into becoming jihadists is the inability of Islamic countries to defend the Ummah.
He said this alleged failure of the Islamic countries frustrated Muslims, and ordinary people who had no power and think that the only way they could contribute was by going to fight as a jihadist.
“In order to persuade people to join them, they will say it is for jihad (holy war) and fighting for Islam, but it is not going to produce the desired results,” he said during a question-and-answer session at the International Islamic Forum here today.
Dr Mahathir, who is also the president of the Perdana Leadership Foundation, said they also promoted the idea of going to heaven by dying in a fight as qualifying to become a ‘syahid’ (martyr).
“In the Quran, it is said clearly that all Muslims are brothers. But, how will you go to heaven when you are killing fellow Muslims?” he asked.
“We must go back to the Quran and understand that there is a limit that we can go to and we should not let others hijack the understanding of Islam,” he said.
- Bernama
PUTRAJAYA: Former Prime Minister Tun Dr Mahathir Mohamad said today one factor that drives more Muslims into becoming jihadists is the inability of Islamic countries to defend the Ummah.
He said this alleged failure of the Islamic countries frustrated Muslims, and ordinary people who had no power and think that the only way they could contribute was by going to fight as a jihadist.
“In order to persuade people to join them, they will say it is for jihad (holy war) and fighting for Islam, but it is not going to produce the desired results,” he said during a question-and-answer session at the International Islamic Forum here today.
Dr Mahathir, who is also the president of the Perdana Leadership Foundation, said they also promoted the idea of going to heaven by dying in a fight as qualifying to become a ‘syahid’ (martyr).
“In the Quran, it is said clearly that all Muslims are brothers. But, how will you go to heaven when you are killing fellow Muslims?” he asked.
“We must go back to the Quran and understand that there is a limit that we can go to and we should not let others hijack the understanding of Islam,” he said.
- Bernama
Hindraf needs support from all to save Ashram
A united voice of concerned Malaysians is needed to rescue a heritage building under threat
FMT
KUALA LUMPUR: Hindraf Chairman P Waytha Moorthy said all Malaysians had a right to object to proposed re-development plans that could destroy the original facade of the Vivekananda Ashram in Brickfields.
In a statement issued today, he disagreed with a notice issued by DBKL stating that only neighbours within 200 metres of the Ashram could voice their objections.
According to Waytha, plans to change the structure of the building by constructing residential properties on the site was a matter of public interest and “there is a need to safeguard and preserve our national treasure”.
He said that based on Section 68 of the National Heritage Act 2005, any person can nominate a site as a heritage treasure and thus, DBKL had no right to restrict the public from voicing their objections.
Waytha noted that since the Vivekananda Ashram fits all the criteria required to be classified as a heritage site, the public should strive to protect and preserve the Ashram which he considered a “national treasure”.
He urged all Malaysians irrespective of race, religion or creed to come forward and lend their support to save a slice of the city’s vanishing heritage.
KUALA LUMPUR: Hindraf Chairman P Waytha Moorthy said all Malaysians had a right to object to proposed re-development plans that could destroy the original facade of the Vivekananda Ashram in Brickfields.
In a statement issued today, he disagreed with a notice issued by DBKL stating that only neighbours within 200 metres of the Ashram could voice their objections.
According to Waytha, plans to change the structure of the building by constructing residential properties on the site was a matter of public interest and “there is a need to safeguard and preserve our national treasure”.
He said that based on Section 68 of the National Heritage Act 2005, any person can nominate a site as a heritage treasure and thus, DBKL had no right to restrict the public from voicing their objections.
Waytha noted that since the Vivekananda Ashram fits all the criteria required to be classified as a heritage site, the public should strive to protect and preserve the Ashram which he considered a “national treasure”.
He urged all Malaysians irrespective of race, religion or creed to come forward and lend their support to save a slice of the city’s vanishing heritage.
India’s Modi Merges Myth and Reality
Ancient art of plastic surgery fixed Ganesh’s head onto a man’s body. What??
By
India’s prime minister, Narendra Modi, has caused consternation and controversy by telling an audience of doctors and scientists last weekend that plastic surgery and genetic science existed and were in use thousands of years ago in ancient India.
That, he said at the dedication of a hospital in Mumbai on October 25, was how the Hindu god Ganesh’s elephant head became attached to a human body, and how a warrior god was born outside his mother’s womb.
The theme of Modi’s speech was that India needs to improve its (grossly inadequate) healthcare facilities, which is in line with campaigns he has launched for cleanliness and the provision and use of toilets in schools and elsewhere. Quoting the ancient Mahabharat epic, he extended this to say that “our ancestors made big contributions” in such areas and that those capabilities needed to be regained.
The speech,at a hospital funded by the Ambani family of Reliance, one of India’s two biggest groups, is on the prime minister’s office website in Hindi (click here), and theIndian Express has published some of the paragraphs with an English translation (click here):
“We can feel proud of what our country achieved in medical science at one point of time. We all read about Karna in Mahabharat. If we think a little more, we realise that the Mahabharat says Karna was not born from his mother’s womb. This means that genetic science was present at that time. That is why Karna could be born outside his mother’s womb…..We worship Lord Ganesh. There must have been some plastic surgeon at that time who got an elephant’s head onto the body of a human being and began the practice of plastic surgery.”
This is significant for three reasons. One is the unusual position of a prime minister who makes such utterances as fact, which caused the consternation and was debated earlier this week on the Headlines Today To the Point tv channel. The second is that, apart from that program, there has been very little coverage of this part of his speech in the Indian media, which has largely fought shy of criticizing or questioning Modi and his ministers since the general election.
The third reason is that it controversially illustrates how Hindu nationalist views are moving to center stage now that the BJP is in power. Activists have a simple vision of building a strong India that is respected worldwide as a modern version of an ancient Hindu civilisation, which is the pivotal point of their view of history.
It is this vision that drives Modi and many of his ministers, raising the question of how much they would disturb India’s broadly-based traditions and view of history that have been built since independence by Congress governments to embrace Muslims and other minorities. Re.-writing school textbooks is part of the government’s program, as it was when the BJP was last in power.
That Modi supports theories such as Ganesh’s head is well known. He has spoken about them before and propagated them in schools when he was chief minister of Gujarat, writing the preface of a book that claimed the ancient inventions of motor cars, airplanes and origins of stem cell research.
In a similar vein, Modi’s water resources minister, Uma Bharti, has revived a geological search for the mystical River Saraswati, which is mentioned in Vedic texts and is alleged to flow roughly parallel to the Indus from the Himalayas to the Arabian sea.
Even under the recent Congress government, the Archaeological Society of India, an official body in charge of ancient monuments and sites, last year authorized a (fruitless) dig under an old fort in Uttar Pradesh after a seer had dreamed that 1,000 tonnes of goldwere buried there
The Ramayana, the Hindu religion’s most popular epic dating from 3,000 years ago, has for seven or more years been the basis of opposition to a project to dig a shipping channel in the Palk Straits between the southern tip of India and Sri Lanka. It has been argued the channel would breach a crop of rocks known as Adam’s Bridge (or Ram Setu) thatLord Ram built across the straits so that his armies could rescue his wife Sita from the clutches of the Lankan king.
Such suggestions and actions need to be seen in the context of Indians’ everyday lives, which absorb mythologies and religions without necessarily questioning and analyzing the boundaries between mythological and religious beliefs and modern reality.
What is unusual is to have a prime minister say Ganesh was the product of plastic surgery without acknowledging that accuracy cannot be vouched for in the empirical western sense of history, even though inspirational mythology usually has some basis in truth.
John Elliott is Asia Sentinel’s New Delhi correspondent. He also blogs under the title Riding theElephant, which can be found at the bottom right corner of Asia Sentinel’s face page.
By
That, he said at the dedication of a hospital in Mumbai on October 25, was how the Hindu god Ganesh’s elephant head became attached to a human body, and how a warrior god was born outside his mother’s womb.
The theme of Modi’s speech was that India needs to improve its (grossly inadequate) healthcare facilities, which is in line with campaigns he has launched for cleanliness and the provision and use of toilets in schools and elsewhere. Quoting the ancient Mahabharat epic, he extended this to say that “our ancestors made big contributions” in such areas and that those capabilities needed to be regained.
The speech,at a hospital funded by the Ambani family of Reliance, one of India’s two biggest groups, is on the prime minister’s office website in Hindi (click here), and theIndian Express has published some of the paragraphs with an English translation (click here):
“We can feel proud of what our country achieved in medical science at one point of time. We all read about Karna in Mahabharat. If we think a little more, we realise that the Mahabharat says Karna was not born from his mother’s womb. This means that genetic science was present at that time. That is why Karna could be born outside his mother’s womb…..We worship Lord Ganesh. There must have been some plastic surgeon at that time who got an elephant’s head onto the body of a human being and began the practice of plastic surgery.”
This is significant for three reasons. One is the unusual position of a prime minister who makes such utterances as fact, which caused the consternation and was debated earlier this week on the Headlines Today To the Point tv channel. The second is that, apart from that program, there has been very little coverage of this part of his speech in the Indian media, which has largely fought shy of criticizing or questioning Modi and his ministers since the general election.
The third reason is that it controversially illustrates how Hindu nationalist views are moving to center stage now that the BJP is in power. Activists have a simple vision of building a strong India that is respected worldwide as a modern version of an ancient Hindu civilisation, which is the pivotal point of their view of history.
It is this vision that drives Modi and many of his ministers, raising the question of how much they would disturb India’s broadly-based traditions and view of history that have been built since independence by Congress governments to embrace Muslims and other minorities. Re.-writing school textbooks is part of the government’s program, as it was when the BJP was last in power.
That Modi supports theories such as Ganesh’s head is well known. He has spoken about them before and propagated them in schools when he was chief minister of Gujarat, writing the preface of a book that claimed the ancient inventions of motor cars, airplanes and origins of stem cell research.
In a similar vein, Modi’s water resources minister, Uma Bharti, has revived a geological search for the mystical River Saraswati, which is mentioned in Vedic texts and is alleged to flow roughly parallel to the Indus from the Himalayas to the Arabian sea.
Even under the recent Congress government, the Archaeological Society of India, an official body in charge of ancient monuments and sites, last year authorized a (fruitless) dig under an old fort in Uttar Pradesh after a seer had dreamed that 1,000 tonnes of goldwere buried there
The Ramayana, the Hindu religion’s most popular epic dating from 3,000 years ago, has for seven or more years been the basis of opposition to a project to dig a shipping channel in the Palk Straits between the southern tip of India and Sri Lanka. It has been argued the channel would breach a crop of rocks known as Adam’s Bridge (or Ram Setu) thatLord Ram built across the straits so that his armies could rescue his wife Sita from the clutches of the Lankan king.
Such suggestions and actions need to be seen in the context of Indians’ everyday lives, which absorb mythologies and religions without necessarily questioning and analyzing the boundaries between mythological and religious beliefs and modern reality.
What is unusual is to have a prime minister say Ganesh was the product of plastic surgery without acknowledging that accuracy cannot be vouched for in the empirical western sense of history, even though inspirational mythology usually has some basis in truth.
John Elliott is Asia Sentinel’s New Delhi correspondent. He also blogs under the title Riding theElephant, which can be found at the bottom right corner of Asia Sentinel’s face page.
Why always Anwar, asks veteran Aussie ex-judge
However, she is puzzled as to why the sodomy law seems to be mainly applied on the opposition leader.
Speaking
to reporters at the Palace of Justice in Putrajaya, Evatt, who is
representing the International Commission of Jurists, said she noticed
that not many people are charged with sodomy in Malaysia and most of the
cases involved Anwar.She also described the sodomy law as discriminatory and a violation of human rights.
"This is a relic of the British legal system, which even it (Britain) has abolished," she said.
Asked whether she observed any interference with regard to the proceedings, Evatt said there had been no such incident thus far.
"I guess we will have to wait for the outcome," she added.
Meanwhile, another international observer, Danthong Breen, said if the issues raised during the appeal have created reasonable doubt, then it warranted an acquittal.
"If doubt has been proven, that is enough to get an acquittal," added the International Federation of Human Rights representative.
The two are among six international observers present at the Federal Court.The others are International Bar Association's Grainne Mellon, Centre for International Law's Harry Roque, Centrist Asia Pacific Democracy International's Fernando Penan and Interparliamentary Union, Lawasia and Australian Law Council, which is represented by Mark Trowell.
The Court of Appeal had overturned the March 7 High Court decision and convicted Anwar of sodomising his former aide Mohd Saiful Bukhari Azlan.
The appellate court also sentenced him to five years imprisonment.
Anwar has always maintained that the sodomy charge was fabricated by his political rivals, but the government has denied this.
Again, Putrajaya shows its bark is worse than its bite
In most countries, civil servants who do not obey cabinet directives are disciplined. But in Malaysia, cabinet ministers have to appeal or cajole civil servants to follow government directives or the law.
The latest is the Royal Malaysian Customs Department's move to seize some 300 Christian CDs and books containing the word Allah from Sabahan pastor Maklin Masiau in klia2 last week.
Masiau's case is not the first, and is most likely not the last despite assurances from Putrajaya that it respects the religious rights of all Malaysians under the Federal Constitution.
But why should ordinary Malaysians be surprised at this state of affairs when the authorities take action despite government policy and law? Perhaps because the Prime Minister and the cabinet have sent mixed signals on their 10-point resolution since day one.
Just this year, the Jabatan Agama Islam Selangor (Jais) seized Malay and Iban-language bibles from the Bible Society of Malaysia (BSM) office in Petaling Jaya.
The case has yet to be resolved, just as Sarawakian Jill Ireland's attempts to get back her Christian CDs despite a court order in her favour.
When Jais seized the bibles from BSM, Putrajaya skirted the issue by saying that it was a Selangor government matter.
Taking the easy way, the Najib government missed an opportunity to send a signal to all civil servants that the 10-point resolution was cast in stone. And not something used for its convenience.
So now you have civil servants who believe they are free to interpret Cabinet decisions.
And let us be clear about this, the Royal Malaysian Customs Department is not the only culprit.
After all, no less than the Inspector-General of Police has also refused to follow a High Court ruling to retrieve a child snatched away from the mother in a custodial dispute.
Where does that leave Malaysians? A government that appeals for support and votes during elections with promises of making it a better nation but with policies ignored by the civil service.
The question now is, who is really running Malaysia? And for whom? Is everyone equal before the law or is that all just talk?
At the very least, we know know that Putrajaya's bark is worse than its bite when it comes to ensuring that everyone, including the minorities, can practise their faith in peace and harmony in Malaysia. – October 31, 2014.
- See more at: http://www.themalaysianinsider.com/malaysia/article/again-putrajaya-shows-its-bark-is-worse-than-its-bite#sthash.beGKO3MH.dpuf
Revisiting ministerial responsibility
Reflecting On The Law BY SHAD SALEEM FARUQI
Parliament must recapture its role as the grand inquest of the nation.
NANCY
Shukri, Minister in the Prime Minister’s Department, is being pilloried
in the alternative media for her parliamentary reply to a query about
why there was no prosecution for the infamous diatribe about burning
Bahasa Malaysia Bibles.
Her
tribulations draw our attention to the doctrine of ministerial
responsibility, which is a pillar of parliamentary democracies. The
doctrine has twin pillars: individual responsibility and collective
responsibility. Only the first will be discussed here.
This
doctrine holds that during parliamentary deliberations, debates on
motions and question time, a minister must answer questions, supply
information and justify her department’s policies. She must accept
vicarious responsibility for all policy and administrative errors in her
department even if she herself was not involved in the administrative
bungling or impropriety that is the subject of the parliamentary
scrutiny.
A
minister must resign if a vote of censure is passed against her. In
many parliamentary democracies, a minister who is seriously criticised
in Parliament vacates her post.
The
convention of individual responsibility has many beneficial effects. It
motivates ministers to monitor the activities within their ministries.
It preserves the professionalism and anonymity of civil servants and
shields them from partisan, political attack on the floor of the houses.
Regrettably, it also has some undesirable effects.
Public
servants shielded: The minister’s vicarious liability shields public
servants from parliamentary exposure when departmental wrongdoing comes
to light as in the Auditor-General’s Annual Reports of financial
improprieties.
The
recent controversy surrounding the non-prosecution in the “burn Bahasa
Bibles” case indicates that a minister may have to take the rap for a
public official who is not under her Ministry.
Under
the federal and state constitutions, the office of the Attorney-General
is the repository of vast powers and functions. By no stretch of
imagination is the AG answerable to any Minister for his constitutional
role. Under Article 145(3) and a long line of judicial precedents, he
has the sole, independent discretion over prosecutorial decisions.
Collective
responsibility: More often than not, collective responsibility hinders
individual responsibility. Unless the Minister’s conduct is so
reprehensible that it will dent severely the Government’s standing with
the electorate, the government tends to stand behind a beleaguered
colleague.
In
2004, Works Minister Datuk Seri S. Samy Vellu faced criticism about
shoddy construction projects. He refused to resign and the cabinet
protected him because the cabinet felt that the real guilty parties were
contractors, engineers, architects, etc.
Recently,
UPSR examination leaks, the tragic loss of two MAS passenger jets
within a few months, the military incursions by foreigners into Sabah,
periodic custodial deaths, and collapse of bridges did not result in any
resignation.
There
are rare exceptions, however. Dr Chua Soi Lek stepped down few years
ago due to a personal scandal. Datuk Abdul Rahman Talib lost a
defamation suit in 1966 and withdrew from the Cabinet.
In
contrast, in Britain, there were 125 resignations in the 20th century,
about 14 due to private scandal or private financial affairs, the most
famous being the John Profumo call-girl case of 1963.
On
Oct 4, 2014, Taiwan’s health minister Chiu Wen-ta resigned because of a
food safety scare over use of “gutter oil”. Earlier, the economic
affairs minister had resigned over fatal gas blasts. The education
minister stepped down after he was implicated in an academic scandal.
In
Britain in 1982, Richard Luce resigned to accept responsibility for the
Argentine invasion of Falkland Islands. In 2002, South Korea’s Justice
Minister resigned to accept responsibility over a custodial death and
Britain’s Education Secretary resigned because of the Ministry’s failure
to reach child literacy targets.
Operational
matters: There are genuine doubts about the extent to which Ministers
should be personally responsible for operational matters as opposed to
policy issues. For this reason, British Home Secretary Michael Howard
refused to resign over prison breakouts in the 1980s.
Huge
bureaucracy: In Malaysia, due to the increasing size and complexity of
the public services, it is hard to justify 100 or so ministers and
deputy ministers accepting responsibility for 1.2 million public
servants, especially when many decisions involve interdepartmental
committees.
Areas
not amenable: Some areas are not easily amenable to parliamentary
scrutiny. First are those where secrecy is paramount. Among them are
foreign policy, national security and framing of the national budget.
Second,
there are some “Non-Financial Institutions” like Petronas that are not
required to submit their accounts to the Auditor-General and to the
Dewan Rakyat’s Public Accounts Committee.
Third,
when a particular service is handed over to a statutory body,
nationalised industry or government-linked company, it is not reasonable
to hold the Minister accountable for the acts of commission or omission
of an autonomous/semi-autonomous legal persona that is distinct from
the government.
Fourth,
there are some constitutional agencies, like the Attorney-General,
Auditor-General, Election Commission and various Commissions under the
Constitution which are separate from and independent of Parliament or
the political executive. Requiring a politician Minister to answer
questions on their behalf appears constitutionally inappropriate. At the
same time, the dilemma stares us in the face: are these agencies
totally beyond parliamentary scrutiny?
In
Britain, ministerial responsibility has been subjected to a number of
enquiries: the Nolan Committee, the Scott Report and the Public Service
Committee Report. Among the suggestions are that instead of seeking the
minister’s resignation, importance should be placed on providing
satisfactory answers to parliamentary questions so that parliament can
recapture its role as the grand inquest of the nation.
We
need similar re-thinking on this aspect of our parliamentary democracy.
New principles and methods for enforcing executive responsibility,
answerability and accountability need to be evolved.
Shad
Faruqi, Emeritus Professor of Law at UiTM, is a passionate student and
teacher of the law who aspires to make difficult things look simple and
simple things look rich. Through this column, he seeks to inspire change
for the better as every political, social and economic issue ultimately
has constitutional law implications. He can be reached at
prof.shad.saleem.faruqi@gmail.com. The views expressed here are entirely
his own.
Malaysia Welcomes Arbitral Tribunal's Decision - Najib
KUALA
LUMPUR, Oct 31 (Bernama) -- Malaysia welcomed an arbitral tribunal's
decision that a joint investment company of Malaysia and Singapore would
not be conditionally liable to pay development charges on the former
Malayan Railway parcels of land in Tanjong Pagar, Kranji and Woodlands,
said Datuk Seri Najib Tun Razak today.It was a testimony to the commitment of both countries to settling disputes peacefully, in accordance with international law, the prime minister said in reference to the mechanism in settling the issue through a tribunal appointed by the two countries.
In submitting the issue to the Arbitral Tribunal, both countries agreed to fully accept the award as final and binding, he said in a statement.
"We also agreed that it would not affect our bilateral relations," he added.
Najib said he would like to echo the statement by his Singaporean counterpart Lee Hsien Loong that Malaysia and Singapore were happy that they had been able to resolve the issue in an amicable manner.
The tribunal decided today that the company, M+S Pte Ltd, would not be liable to pay the charges if the parcels had been vested in M+S Pte Ltd and if it had actually developed the land in accordance with the proposed land uses set out in the annexes to the Points of Agreement (POA).
Malaysia is believed to have saved billions of ringgit following the decision of the tribunal.
The two countries, in a statement issued by their foreign ministries, said they were satisfied with the arbitral process and had agreed to abide by and fully implement the decision of the tribunal.
"Both countries look forward to working closely together to further strenghen and broaden our bilateral cooperation," Najib said.
The full and successful implementation of the POA has paved the way for joint development projects and closer collaboration between Singapore and Malaysia.
The prime ministers of Singapore and Malaysia announced in September 2010 that both countries had different views relating to the development charges on the three parcels of POA land.
The two leaders agreed to settle the issue amicably through arbitration and to accept the arbitration award as final and binding.
In January 2012, Singapore and Malaysia entered into an agreement, submitting the issue to a final and binding arbitration. The Permanent Court of Arbitration acted as registry in this arbitration.
The arbitration proceedings were conducted in accordance with the procedural rules agreed to by Malaysia and Singapore, and before a three-person arbitral tribunal appointed by the countries.
M+S Pte Ltd is a joint investment company co-owned by Malaysia's Khazanah Nasional and Singapore's Temasek Holdings.
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