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Saturday, 8 November 2014

Ratusan protes tuntut harga petrol diturunkan

Liwat II - kes rayuan paling lama dalam sejarah, kata peguam


Arrest after 'bomb' in Stockholm mall

UPDATED: Police in Stockholm's Liljeholmen have arrested a 43-year-old man after a bag of explosives was left at a cafe in a local shopping centre.


Officers in the Swedish capital say that they have detained the man on suspicion of having placed the explosives that were found in a shopping mall in Liljeholmen in southern Stockholm on Wednesday night.

He was arrested in the suburb of Hägersten on Friday afternoon.

Nothing exploded and nobody was hurt as as a result of the suspected bomb planting.

According to the Dagens Nyheter newspaper, police have not ruled out the possibility that the bomb was part of a terror plot, but say that they do not believe people in the area are presently in any danger.

The man was arrested after DNA evidence was collected from the scene along with what the Expressen newspaper described as "highly interesting documentation".

The report says that Sweden's Security Service, Säpo, is also involved in the investigation.

Cleric molests 6-year-old girl in Belagavi, thrashed

BELAGAVI: A 32-year-old cleric was beaten up by people after he molested a six-year-old girl in a mosque on Bukhari Galli on Wednesday night.

Police said Gufran Shaikh, who teaches Arabic to kids at the mosque, lured the girl to his personal room in the mosque around 8pm and molested her after giving her Rs 100 to keep quiet. However, the girl ran out screaming and narrated the incident to women standing outside the mosque.

As the news spread, hundreds of people, including the girl's parents and community leaders, gathered in front of the mosque. They dragged the cleric outside and started thrashing him. A police team led by Market CPI Sanjiv Kumar rushed to the spot and rescued Shaikh from the mob.

Gufran Shaikh from Bihar, is being treated in a private hospital in the city. Police have registered a case against him under section 354 A of IPC and the Protection of Children from Sexual Offences Act, 2012.

"Medical report of the girl reveals it's a case of molestation. The accused has been taken into custody and admitted to hospital for treatment. Investigation is going on," city police commissioner S Ravi said. Sources said Shaikh has been %staying in the mosque since it was built three years ago.

http://timesofindia.indiatimes.com/city/bangalore/Cleric-molests-6-year-old-girl-in-Belagavi-thrashed/articleshow/45064310.cms

Selangor PAS hits out at reps for defending SIS


Mujahid said SIS was more involved in activities promoting the rights of women in Islam, especially relating to laws and policies. – The Malaysian Insider pic, November 7, 2014. Selangor PAS has hit out at its three leaders for defending Sisters in Islam’s move to seek a judicial review over an edict issued by the state’s fatwa body, saying it does not reflect its stand on the matter.

Bernama reported Selangor PAS commissioner Iskandar Abdul Samad as saying in a statement today said the actions of the three MPs were seen as inappropriate as it could cause confusion among Muslims.

The MPs are Khalid Abdul Samad (Shah Alam), Siti Mariah Mahmud (Kota Raja) and Datuk Mujahid Yusof Rawa (Parit Buntar).

"The three MPs had acted without first discussing the matter with Selangor PAS although we hold weekly meetings among the party's elected representatives every Wednesday.

"Our elected representatives should not act on their own as they contested in the general election on a party ticket and not on an individual's ticket. Hence, their action will be reported to the PAS central leadership for further action," Iskandar said.

SIS filed a judicial review on October 31 against a Selangor decree declaring the organisation as one that promotes deviant teaching.

It also denied they were challenging the authority of the sultan with a judicial review of a fatwa against them.

The Malaysian Insider reported yesterday that Mujahid and Khalid, who are PAS central committee members, said the religious authorities would have learned that SIS did not deal with theology, let alone liberalism and pluralism, if they had made the effort to meet with the group.

“The fatwa that was gazetted is related to thought, so there must be discussions with the meeting involved,” said Mujahid after attending a dialogue with SIS at Menara Manulife, Kuala Lumpur, yesterday.

He said he, Khalid, and Siti had taken the initiative to hold the dialogue with SIS to understand the group, given the accusations levelled against it.

Khalid said SIS could not be accused of spreading liberalism nor pluralism as its arguments were based on Islamic teachings and interpretations by scholars.

He said that while he did not necessarily agree with some of SIS’s views, it did not mean the organisation should be condemned by the religious authorities without given the chance to defend themselves.

“The authorities should give them a chance to defend themselves and ask if what they have been accused of is true.

“This is not how Islam should be practised. Islam is more just and transparent than this, and the society shouldn’t have to fear Islam.”

Meanwhile, Bernama reported today that the Selangor State Mufti's Department (JMNS) refuted the claim that no meeting took place with SIS before the Religious Fatwa on Liberalism and Pluralism Ideologies was gazetted on July 17.

Selangor mufti, Datuk Seri Mohd Tamyes Abd Wahid, in a statement said a meeting was held with SIS and members of the Selangor fatwa committee by the Selangor Islamic Religious Department at the JMNS's meeting room on January 12, 2012.

"The meeting chaired by the Selangor mufti was attended by eight SIS representatives including Zainah Mahfoozah Anwar, Datin Paduka Marina Mahathir and Ratna Osman," he said. – November 7, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/selangor-pas-hits-out-at-reps-for-defending-sis-says-not-partys-stand#sthash.uAgRFfwC.dpuf

Focus on objections now, protest later, says Bersih

 
Electoral reform group Bersih says its immediate priority ahead of the Election Commission’s (EC) plan to gazette the constituency redelineations will be to take opportunity of the objection period.

Bersih chief Maria Chin Abdullah said while mass rallies, which the NGO is renowned for, are still on the table, it will only come after that.

Maria (left) said the government has also become more "sophisticated" by allowing protests to take place but ignoring the demands made.

Hence, more "creative ways" are needed, she added.

"We want to get as many people as possible to object if we find that the redelineation is really unfair.

"If a lot of people object, the Election Commission (EC) will have to rethink: What on earth is it drawing, if so many people are objecting," Maria told a press conference in Kuala Lumpur today.

She was responding to a suggestion that the electoral reform movement should press for its demands on redelineation through street protests.

The federal constitution stipulates a 30-day objection period after a redelineation exercise is announced, where affected local authorities, state governments and groups of at least 100 voters can submit objections.

The EC is required by the constitution to hold an inquiry to hear these objections, and both Tindak Malaysia and Bersih are running separate programmes to recruit and train volunteers on how to file such objections.


'Mass objection tantamount to referendum'

Tindak Malaysia is also appealing for volunteers to help photograph the new redelineation maps once it is put on public display in each constituency, so that it can be compiled for analysis.

This would allow the group to analyse and mathematically determine whether the voters in each state would be evenly distributed among its constituencies based on the new maps, and formulate counter-proposals.

A computer programme that helps automate the process is also in the works.

The redelineation exercise is expected to begin by the end of the year, and both groups are concerned that EC’s proposed electoral boundaries would be malapportioned and skew the results of future elections.

Concurring with Maria, Tindak Malaysia founder PY Wong said a mass objection against the EC’s proposals would be tantamount to a referendum against the commission and would be more effective than street protests.

“Imagine this - 111,000 objectors (100 each from half of Malaysia’s parliamentary constituencies) are virtually similar to a referendum. So if you want your say, sign up as an objector now.

“If we have half-a-million objectors, that is a massive message to the EC - get your act together, because we are serious this time,” he said.

Optimistic Shafee guns for heavier sentence

 
Optimistic about the Federal Court upholding the conviction, government-appointed prosecutor Muhammad Shafee Abdullah insists on securing a heavier sentence for opposition leader Anwar Ibrahim.

Speaking to reporters at the end of the eight-day appeal, Shafee said the defence team failed to dispute that "Male Y" is Anwar.

"They have only tried to create doubt that the samples taken from the cell is not 'Male Y'.

"If there is conviction, we will further submit to enhance the five-year jail term. This (submissions) will be done after the Federal Court convict Anwar," he added.

The prosecution, had in their cross-appeal, said that the sentence imposed by the appellate court was manifestly inadequate.

When the prosecution filed the cross-appeal, they cited four grounds to enhance the five-year jail term.

Anwar was sentenced for six years for abusing his powers in 1998 and another nine years in sodomy I but the sodomy conviction was set-aside by the Federal Court in 2004.

The senior lawyer also denied that the charge imposed on Anwar was politically motivated as in the past the prosecution had imposed charges on former Selangor menteri besar Harun Idris, and also ex-youth and sports minister Mokhtar Hashim.

He said the judges may need one to two weeks to write the judgment and he expects it to be a full written judgment.

Shafee said the courts had given Anwar a good hearing and previously, it had granted more than 60 postponements in comparison to the prosecution which only applied for three.

Anwar: I am not worried

Meanwhile, Anwar told reporters that he is not worried over what might happen and thanked the Federal Court for listening attentively to all the submissions made.

"My defence team has managed to dismantle the prosecution's submissions," he said.

The opposition leader, who is also Permatang Pauh MP, thanked his team of lawyers including the late Karpal Singh and his children, Ram Karpal, Sangeet Kaur Deo, Gobind Singh Deo as well as N Surendran and R Sivarasa.

He also thanked his lead counsel at the Federal Court, Gopal Sri Ram, and his previous counsel Sulaiman Abdullah.

Anwar also complained that Shafee, as a representative of the prosecution, had been arrogant in claiming that he "wanted to drive the nail into his coffin".

"He must remember that he is not representing Umno and he represents the prosecutor who should be fair. This shows his lack of professionalism," he said.

However, Shafee denied making the statement.

Yesterday, Shafee had wanted Anwar to be cited for contempt for making comments to the media regarding the Federal Court proceeding that if he retired from politics, the court would acquit him.

Perkasa warns Azmin on returning seized Bibles

Selangor Perkasa chief says Azmin's actions, that go against Mais and Jais, will threaten the future of Malay Muslim youth.

FMT

SHAH ALAM: The Selangor chapter of Perkasa wants Selangor Menteri Besar Azmin Ali to remember his faith and stop siding with Christians on the issue of 321 copies of the Bible, in Malay and Iban, seized by religious authorities some ten months ago.

Perkasa was taking issue with Azmin saying in recent days that the Bibles, apparently meant for Sabah and Sarawak, belonged to Christians and must be returned to them.

The Selangor chapter is worried that Christians would use the Bibles, once returned, “to lead Muslim youth astray”.

“Azmin’s actions will threaten the future of Malay Muslim youth. This means Islam is under threat,” said Selangor Perkasa chief Abu Bakar Yahya in a media update. “It is a huge threat when a Malay leader who professes to be Muslim wants the Bibles returned.”

He added that Selangor Perkasa was very uneasy that a Malay Muslim Menteri Besar would want to go against Mais and Jais, the religious authorities, over Islamic issues.

Abu Bakar reiterated that Azmin, as a Muslim Menteri Besar, should fight for the rights of members of his faith guided by Islam and not side with Christians.

“Maybe he is just saying all this – returning the Bibles — but won’t actually carry it out. If it happens, we will see how the situation is.”

Abu Bakar claimed that his NGO was upholding the Federal Constitution on the issue. He could not however explain how that could be achieved by seizing the Bibles meant for Sabah and Sarawak.

Instead, he reiterated that “Mais and Jais had seized the Bibles and locked them away in order to protect Muslims of Selangor, especially youth, who may be confused by the publication”.

“There should be no ‘Allah’ in the Bibles because otherwise the Bibles can be considered as trying to incite and proselytise to the Muslims, especially the youth,” said Abu Bakar who declined to make the languages of the Bibles, Malay and Iban, an issue.

“The word ‘Allah’ is the reason why the Bibles were confiscated,” he maintained.

“The Bibles can destroy the faith of young Malay Muslims, and that is a threat. The Selangor religious authorities have a right to take action.”

Abu Bakar stressed that Muslims do not hate other religions and races “but what matters is co-operation.

“The Federal Constitution states that other religions can practise their faith, but that does not mean they can proselytise to Muslims,” he said.

RM1 million fund started to rescue Ashram

College co-founder offers to start a RM1 million rolling fund to save the historical building.

FMT

KUALA LUMPUR: Brickfields Asia College co-founder Raja Singham plans to save and restore the century-old Vivekananda Ashram in Brickfields, which is under threat from development, back to its glory days.

The ashram has been earmarked for redevelopment as a 23-storey residential tower with 264 units and an eight-storey car park.

Although the Vivekananda board of trustees had assured the public that the building’s 110-year-old structure along with the bronze statue of Swami Vivekananda would be preserved, news of the proposed development invited a backlash from MIC, Hindraf, PKR and Gerakan.

The Edge Financial Daily reported that Raja had offered financial help upon hearing that the ashram management had cited financial problems as the reason for redeveloping the land.

“I will start the ball rolling with a RM1 million fund and hopefully it will attract other corporate sponsors. But the trustees must accept this first,” he said explaining that he was not trying to pick a fight with the trustees but was trying to help them.

The trust owns and manages four schools – SJK (T) Vivekananda, Brickfields, both the Vivekananda primary and secondary schools in Kuala Lumpur and SJK (T) Thamboosamy Pillai, Sentul and is focused on developing the youth and education.

Raja was eager to save the ashram which he said was an education centre in its heyday and the early 1990s where various dance and vocal music classes, yoga lessons and spiritual activities were organised.

Swami Vivekananda, of which the ashram is named after was a philosopher who inspired his followers to build the ashram in Brickfields.

The ashram started off as a reading group and opened its first Tamil school in 1914, followed by the country’s first Tamil kindergarten in the 1920s and continues to be recognised as a place of learning.

So far, 25,000 signatures have already been collected and Raja hopes to see this number increase to 100,000 before presenting them to the various government agencies, ministries and the prime minister.


Daim: PR leaders just as unscrupulous as BN’s

Former minister says it is time people wise up to the fact that corrupt leaders exist on both sides of the political divide.

FMT

KUALA LUMPUR: Former finance minister Daim Zainuddin said the public should not get too influenced by the “indoctrination” of many “Pakatan-sympathetic” online news portals as Pakatan Rakyat leaders were every bit as unscrupulous as Barisan Nasional’s.

He said that despite the reality being what it is, the general perception was that “political cronyism only existed in Malaysia and in BN-controlled states, but not in the states controlled by Pakatan.”

Saying PR leaders were “quick to pick out the speck in BN or UMNO’s eye but always forget the log that is in front of their own eyes”, he attributed this mentality to their proficiency in “disguising or hiding their own cosy relationships with businessmen, developers and other tycoons”.

In his speech, Daim went through a laundry list of misdeeds that PR leaders were guilty of, starting with the most obvious which was business-politics.

Acknowledging that many labelled him as one of the “main architects of business-politics” when he was finance minister, he said, “Truth is, business and politics are like Siamese twins – inseparable and inevitable.”

He explained that it was important for people to realise that profits from businesses were used to fund political parties and contest in elections, and while BN leaders were rather open about this, PR leaders preferred to let their supporters think this was not condoned despite much evidence to the contrary.

Daim zeroed in on the Penang state government, saying their move to “wi-fi George Town” was shrouded in secrecy.

“Perhaps we can ask the Penang state government how the project was awarded and if it was based on competitive bidding, and whether all the original objectives or promises by both the state government and contractor have been met?”

He also mentioned Chief Minister Lim Guan Eng’s tunnel project asking, “Was there any open tenders called for this project? How were the evaluations done and who are the parties privileged enough to be awarded this multi-billion dollar project?”

Not sparing Selangor, Daim brought up the mushrooming of “hundreds of foot and reflexology centres” and implied these were fronts for shady businesses and were “linked to certain personalities in the state government”.

Targeting Kelantan next, Daim said political cronyism and nepotism was rampant in the state despite PAS’ efforts to portray an “Islamic and clean image”.

He cited the leasing out of thousands of hectares of land to loggers and planters, some of which went to “DAP parliamentarians and cousins Ngeh Koo Ham and Nga Kor Ming of Perak.”

Asking, “No political cronyism and nepotism?”, Daim added “It’s easy to blame everything wrong on the previous BN government before Pakatan took over.

“But how long can Pakatan continue to use BN/UNMO as the scapegoat?

“How long can you (rakyat) continue to swallow such indoctrination and falsehood?”

Gopal: Saiful is a worthless witness

The verdict on Sodomy 2 will be delivered on a later date.

FMT

PUTRAJAYA: After eight days of hearings, the submissions for Anwar Ibrahim’s last stand before the Federal Court has ended and the decision will be delivered on a date yet to be announced by the court.

Lead defence counsel Gopal Sri Ram wrapped up his submissions today by rebutting the remainder of deputy public prosecutor Shafee Abdullah’s submissions, including a knock on Saiful Bukhari, the young man in the middle of this legal drama, telling the court, “Corroboration is only required if witness was credible. Saiful is a worthless witness, a man devoid of any credibility.

“Saiful is an accomplice that demands corroboration. He has a motive and he has embellished evidence.”

Gopal also took Shafee to task for saying that Dr Osman Abdul Hamid need not be impeached, saying the deputy public prosecutor must have lacked the confidence to do so. Calling the doctor an “honest and credible witness,” Gopal described the Court of Appeal’s decision to discredit his qualifications and evidence as a “grave injustice.”

He told the judges to forgive Anwar for alleging conspiracy, saying the accused had been jailed, acquitted, and accused again of a similiar offence.

“Anwar is being hounded again by a complainant who is without merit and who should not be believed,” he said. “So he should be allowed to say conspiracy.”

Chief Justice of Malaysia Arifin Zakaria announced that as the submissions were long and the judges needed to deliberate, the verdict would be delivered at a later date. Anwar’s bail was extended.

Anwar rebukes Shafee for ‘arrogance’ and ‘malice’

Shafee denies saying anything unprofessional.

FMT

PUTRJAYA: “Arrogant, vile, vicious, malicious.” That’s how Opposition Leader Anwar Ibrahim described a statement allegedly made by the prosecuting lawyer in his Sodomy 2 appeal.

Speaking to reporters today after the conclusion of the Federal Court hearing, Anwar accused Shafee Abdullah of saying he would “hammer the final nail to Anwar’s coffin”.

But Shafee, interviewed later, denied making such a statement.

“I was saddened by Shafee’s arrogant statement,” Anwar said. “He has to realize that he’s not here as a political foe representing Umno, but a public prosecutor who should be championing truth with utmost professionalism.”

He told Shafee to “defend the ethics of the profession” instead of “behaving like an arch enemy and adversary representing Umno”.

“As you can see today, there’s no nail, no coffin,” he said. “But you can see the vileness, the viciousness and maliciousness reflected in his statement.”

Shafee vehemently denied that he said anything that could be deemed unprofessional.

“I never said pin, needles or nail or even coffin,” he said. “I said nothing of the sort.”

Referring to Anwar’s assertion that he was the victim of a political conspiracy, Shafee said it was a common defence used by politicians in trouble.

“This is not politically motivated,” he said. “When politicians get into trouble, all of them scream conspiracy.”

Anwar came out of the court room flanked by Selangor Menteri Besar Azmin Ali and defence lawyers Ramkarpal Singh Deo and Gobind Singh Deo.

He appeared upbeat, saying, “I want to express my gratitude to all my counsel.” He mentioned the late Karpal Singh as being among them. Karpal represented him in the High Court, where he was acquitted of the charge, and at the Court of Appeal, where he was convicted.

The Federal Court has yet to announce the date on which it will deliver its judgement.

Bigotry, zealotry giving Islam a bad name

It's mind boggling that a building is seen as an insult to the Malay community.

By P Ramakrishnan - FMT

Some bigots and zealots acting in the name of Islam have brought disrepute to a religion known for its tolerance and accommodation.

Some 50 Malays protested against the building of a church in Bandar Sunway, Petaling Jaya, because the site lies within a predominantly Malay/Muslim area.

According to Ishak Maarof, the head of the pro-tem committee against the construction of the church, it would be an insult if the four-storey church is built in a Malay/Muslim location. How could a building be insulting? It is mind boggling.

They even insinuated that the church was being built with the hidden agenda of converting the Muslims to Christianity.

This is a slanderous claim without basis. Are they actually insisting that the faith of the Malays is so shallow and fragile that they can be so easily converted? How many Malays living near a church have been converted to Christianity?

They took offence that the four-storey church could be seen from the Federal Highway and the new LRT extension line. So what is the problem? Are they seriously suggesting this would shake the faith of Muslims?

Their protest and hollow claims do not hold water. In fact they come across as people incapable of rational thinking and reasoning. They may not even have a proper understanding of Islam. They are just mischief makers out to create disharmony and discord among Malaysians.

It has been recorded that the Holy Prophet had indeed, in his compassion, allowed Jews to pray in a mosque. That wasn’t considered as desecration. The Jews praying in the mosque did not upset any Muslims. They reflected the tolerance and accommodation that is part of Islam.

We have been told that, according to the Qur’an, Islam allows the right of other religions to exist and their adherents to practise their faith. We have been told that Islam is a tolerant religion.

If that is indeed the case and if it is the true interpretation of the Qur’an, we expect the ulamas and the religious personages to condemn the protest of these 50-odd misguided Muslims who are against the building of a church in Bandar Sunway.

Why have those guilty of this recalcitrant behaviour not been taken to task and reprimanded for giving Islam a bad name?

The ulamas and muftis must project the true teachings of Islam and expose these imposters as unIslamic in their conduct.

But they have not done so. Their silence is very disappointing because they are in a position to right a wrong, but regrettably they have not done so. In this respect, we are absolutely disappointed that Islamic scholars have failed to stand up for the truth.

As a result, the false claims of these zealots on religious grounds to deny a place of worship for the Christians convey intolerance and bigotry in the name of Islam. Their outrageous conduct and the silence of the ulamas and religious scholars can mislead the public into wondering whether the tolerant aspect of Islam is true. People wonder why it is so difficult for the ulamas and religious scholars to defend the injunctions contained in the Qur’an?

Keadilan has come out strongly to support the right of non-Muslims to have a place of worship which is respected in Islam.

What about PAS? What about Umno? Is their interpretation of Islam different from Keadilan’s?

What has the Prime Minister to say? Is this the moderate Malaysia that he has been talking about? When extremism and intolerance lifts the ugly head of hatred and threatens our harmony and unity, isn’t it the duty of the PM to speak up against these troublemakers? Why is he maintaining his silence? Doesn’t he realise that his non-action creates the impression that he condones this bigotry for political purposes?

What is our citizenship worth when we cannot even have a place of worship at a convenient place? Is this fundamental right subject to the tolerance of certain Malays? Isn’t this a right enshrined in the Federal Constitution?

This happens when people are not properly educated. According to Aleksandr Solzhenitsyn, the Russian novelist, historian and critic, “It’s an universal law — intolerance is the first sign of an inadequate education. An ill-educated person behaves with arrogant impatience, whereas truly profound education breeds humility.”

P Ramakrishnan is an Aliran exco member

Malaysia’s moderate Muslim face takes a beating

In years past, many Malaysian Muslims were less devout but many women today began wearing tudung in a sign the country is becoming more Islamic. – The Malaysian Insider file pic, November 6, 2014. 
When Malaysia's urbane Prime Minister Datuk Seri Najib Razak travels abroad, he invariably touts his country's widely accepted reputation for moderate Islam, but that image is taking a beating at home.

Increasingly strident Islamist pressure, often initiated by Najib's own government, is causing deepening dismay in the traditionally tolerant multi-faith country.

The trend is rooted in the decades-old regime's attempts to strengthen its weakening grip amid repeated electoral setbacks, as a formidable opposition taps into broad sentiment for liberal reform.

But the ruling establishment is setting the country on an uncertain path, critics warn.

"The government spends a lot of money promoting the label 'moderate'. Of course (Malaysia is) not moderate. We are far from that," said Datuk Zaid Ibrahim, a former minister in the regime.

Malaysia has enjoyed uncommon racial and religious harmony, with a politically dominant Muslim ethnic Malay majority largely co-existing with sizeable Chinese and Indian communities.

Speech or actions that inflame religious sensitivities can result in jail.

But Islamic pressure has accelerated this year as the ruling Umno falls back on its Muslim base.

Campaign against 'deviants'

In a deeply emotive dispute, government and religious officials have upped pressure on Malay-speaking Christians to cease using the Arabic word "Allah" for the Christian God, as they have done for generations.

Authorities have angered Christians by seizing Bibles containing "Allah".

Official Friday sermons and religious edicts have increasingly warned of creeping liberalism and other threats to Islam, critics say, while prominent moderate-Muslim groups have been branded "deviant" by religious authorities.

An animal activist triggered a frenzy last month with a campaign encouraging his fellow Muslims to touch and being kind to dogs, which are considered unclean by Islam. The activist was sharply denounced and received death threats.

Pressured by powerful conservatives, the mild-mannered Najib, 61, is accused by moderate critics of looking the other way.

His government has charged dozens of regime critics with sedition recently and is attempting to jail opposition leader Datuk Seri Anwar Ibrahim on much-questioned sodomy charges.

But provocative threats by a range of increasingly vocal Islamic groups – believed to be aligned to the ruling regime – go unpunished.

Last month, the government essentially defended a prominent Malay nationalist who had called for Bibles to be burned.

"This is all definitely a very damaging trend because once you let this genie out of the bottle, it is very hard to get back in," said Wan Saiful Wan Jan, head of Malaysian political think-tank IDEAS.

"We are heading towards a very disunited Malaysia."

Following 1969 race riots, Umno has reined in religious passions as it transformed the former agrarian backwater into a successful modern economy.

Foreign 'invasion'

But its controls have loosened, and today's Islamic calls resonate with many.

Farida Ashari, 39, a civil servant living in an upscale part of Kuala Lumpur, said many Muslims were reacting against globalisation.

"It's like an invasion. There is pornography on the Internet. Do I want my son to see that?" she said.

In years past, many Malaysian Muslims were less devout, she said, and her mother never wore the tudung (head scarf). But Farida, like many women today, began wearing it a decade ago and wants her children raised more strictly Islamic.

"It is a modern world, yes, but we are Muslim, and this is our country."

Abdul Rahman Abu Bakar, deputy head of Malay supremacist group Perkasa, said conservatives were mobilising to "protect our country and our religion" from liberal forces, a term typically aimed at the multi-ethnic political opposition which promises to dismantle Umno's strict rule and crony capitalism.

But the Muslim card is being played at a delicate time, with dozens of Malaysians men and women reportedly joining the war in Syria led by the extremist Islamic State (Isis) group. Authorities fear jihadis will return radicalised.

At least three dozen people have been arrested for jihadi links, including members of an alleged plot to carry out bombings in Malaysia, police say, and pro-jihad sentiments ripple across Malaysian social media.

"Even though I know I can die, I still want to go (to Syria). It is wise to go and wage jihad for Allah," said Nur Syuhada Jamalludin, 19, a student at a girls-only Islamic school in Kuala Lumpur, her cherubic face tightly swaddled in a pink tudung.

"I think my parents would say: 'Yes, you can go to defend Islam.'" Despite its own claims to moderation, Malaysia's diverse three-party opposition bears some blame.

The opposition's conservative PAS has appealed to its own base with stepped-up calls for harsh Islamic law in rural areas it controls, where a range of strict Muslim codes already prevail.

Datin Paduka Marina Mahathir, a leading moderate Muslim and daughter of authoritarian former prime minister Tun Dr Mahathir Mohamad, said Malaysians remain too tolerant for lasting damage to be caused, but said it was imperative that the government act.

"It is a question of our leadership. It can move us this way or that way. It can say 'stop this nonsense’," she said. – AFP, November 6, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/malaysias-moderate-muslim-face-takes-a-beating#sthash.zOZemreP.dpuf

Watershed for Muslim transgenders as court rules anti-crossdressing Shariah law unconstitutional

Supporters of transgender rights group Justice for Sisters celebrate outside the Court of Appeal after court declares Section 66 of Negri Sembilan Shariah law unconstitutional. ― Picture by Saw Siow Feng
PUTRAJAYA, Nov 7 — The Court of Appeal today declared a Negri Sembilan Shariah law criminalising cross-dressing as inconsistent with the Federal Constitution, in a major victory for human rights in Malaysia.

The appellate court said the law was discriminatory as it fails to recognise men diagnosed with the Gender Identity Disorder (GID), or transgenderism.

“We hold Section 66 of the Negri Sembilan Shariah Criminal Enactment 1992 as invalid and unconstitutional with Articles 5(1), 8(1), 8(2), 9(2) and 10(1)(a).

“The appeal is therefore allowed,” said Justice Datuk Mohd Hishamuddin Mohd Yunus while delivering his judgment.

The coram, which included Justices Datuk Aziah Ali and Datuk Lim Yee Lan, was unanimous in its decision.

Section 66 outlaws any Muslim man who “wears a woman attire and poses as a woman”, with the punishment of a fine not exceeding RM1,000 or jail of not more than six months or both.

The court ruled that the Shariah law contravened constitutional provisions that guarantee personal liberty, equality, freedom of movement, and freedom of expression.

It stressed that while the state is empowered to enact laws even involving the matters of Islam, it must not contravene the Federal Constitution that is the supreme law of the land.

In his judgment, Hishamudin had described Section 66 with words such as “degrading”, “oppressive”, “inhuman” and “depriving” the appellants of their dignity.

He also lashed out the Seremban High Court judge Justice Datuk Siti Mariah Ahmad, who declared in her decision back in October 11, 2012 that the law is needed to prevent homosexuality and the spread of HIV.

“In our judgment, the above remarks and findings were unsupported by and contrary to the evidences. It was based on personal feelings and prejudice,” said Hishamuddin.

“We wish to stress that the claim was without basis, grossly unfair and this has nothing to do with homosexuality … It was a complete failure of the judge to appreciate the unrebutted evidence presented before her.”
Lawyer Aston Paiva represented three transgender clients who challenged the law after they were repeatedly charged under Section 66. ― Picture by Saw Siow Feng

Lawyers Aston Paiva and Fahri Azzat represented three transgender clients who challenged the law after they were repeatedly charged under Section 66.

The appellants were medically diagnosed with GID under the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition (DSM IV), consistent with “the desire to dress as a female and be recognised as a female”.

State legal advisor Iskandar Ali Dewa was lead counsel for the respondents that include the Negri Sembilan state government, state religious authority and its officers.

The Attorney-General’s Chambers, the Malaysian Bar and international liberties watchdog Human Rights Watch had appeared as amicus curiae, or uninvolved parties who were present to offer counsel.

Six civil societies including the Malaysian AIDS Council and PT Foundation, the Kuala Lumpur Women and Health Society, the Malaysian Mental Health Society, and the Malaysian Centre for Constitutionalism and Human Rights were observing parties in the case.

Lawyer Fahri Azzat represented three transgender clients who challenged the law after they were repeatedly charged under Section 66. ― Picture by Saw Siow Feng

The three appellants had raised the matter in the Seremban High Court in 2012, but lost when Siti Mariah ruled that Section 66 excludes the transgender people from fundamental liberties under the Constitution.

Muslim-majority Malaysia continues to reject the perceived rise in non-heterosexual activities, which it deems to be an assault against Islam together with growing calls for greater civil liberties.

The issue is compounded by the intermingling of politics and religion in a country where the latter has become a major platform from which to appeal for support.

Transgender activists estimated that there are around 60,000 Malaysian who identify as transgenders, with Malays making up 70 per cent of them.

“Transwomen” or “transgender” are terms used to refer to those who were born male but associate themselves with the female identity, and has nothing to do with sexual preferences.

Federal Court Reserves Verdict On Anwar's Final Appeal Over Sodomy Conviction


Tun Arifin Zakaria
PUTRAJAYA, Nov 7 (Bernama) -- The Federal Court here Friday reserved judgment on the final appeal of Datuk Seri Anwar Ibrahim against a sodomy conviction and five-year jail sentence.

Chief Justice Tun Arifin Zakaria, chairing a five-man bench, said the panel needed more time to make a decision.

Arifin extended Anwar's bail of RM10,000, pending the Apex Court verdict. The hearing of the appeal had gone on for eight days, beginning Oct 28.




The other four judges on the panel were Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali.

The highest court in the country will make its ruling on whether to allow or dismiss Anwar's appeal to set aside his conviction and jail sentence imposed by the Court of Appeal on March 7 this year, after it had overturned a High Court decision to acquit him.

If Anwar loses his appeal, he would be disqualified as the member of parliament (MP) for Permatang Pauh as per Article 48(1)(e) of the Federal Constitution which states that an MP would be disqualified if he or she is sentenced to a jail term of more than a year, or fined more than RM2,000.

The prosecution had also filed a cross-appeal to enhance the jail sentence. However, the matter will only be heard if the Federal Court upheld the decision of the Court of Appeal.

The hearing, which was initially set for two days from Oct 28, has been dragged for eight days as the defence and prosecution presented lengthy submissions and a lot of law cases were cited in the appeal.

Earlier, Datuk Seri Gopal Sri Ram, a former Federal Court judge who is leading a team of 15 lawyers representing Anwar, had wraped up the defence submission.

The other lawyers are Ramkarpal Singh Deo, Sangeet Kaur Deo, Gobind Singh Deo, N. Surendran, R. Sivarasa, J. Leela, Latheefa Koya, Lim Choon Khim, Eric Paulsen, Michelle Yesudas, Shahid Adli Kamaruddin, Zaleha Al-Hayat, Jeremy Vinesh Anthony and Mohamed Aliff Bolkin.

A senior lawyer, Tan Sri Muhammad Shafee Abdullah, is leading the prosecution team in the appeal. He is assisted by deputy public prosecutor Datuk Mohamad Hanafiah Zakaria.

In the appeal, Anwar, 67, is seeking the apex court to set aside the conviction and sentence imposed by the Court of Appeal on March 7 this year after it had overturned a High Court decision to acquit him.

The Court of Appeal had found Anwar guilty of having sodomised his former aide, Mohd Saiful Bukhari Azlan, 27, at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.10pm and 4.30pm on June 26, 2008.

The charge under Section 377B of the Penal Code carries a jail sentence of up to 20 years and whipping, upon conviction.

The defence is seeking to free the opposition leader from the sodomy conviction while the prosecution wants the court to dismiss Anwar's appeal to overturn his conviction and jail term.

On Jan 9, 2012, the High Court acquitted and discharged Anwar of having sodomised Mohd Saiful on the grounds that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from the alleged victim.

The court had ruled that the samples could have been compromised before they reached the Chemistry Department for analysis.

However, the Court of Appeal, in convicting Anwar on the sodomy charge, held that the trial judge had erred in his findings about the samples which were based on the evidence of two expert witnesses called by the defence.