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Friday 21 November 2014

KTMB setuju ambil semula 96 pekerja yang dipecat

Usaha selamatkan NFC 'bodoh macam lembu', kata MP

Six more independent schools in East London 'probed over links to Islamic extremism' after CoE institution put in special measures

  • Pupils at school in Stepney, east London, 'exposed to Islamic extremism'
  • Inspectors discovered girls and boys were segregated in the playground
  • YouTube channel created by an Islamic society was not checked by staff
  • Leading state school will be put into special measures by Ofsted today

Six more independent Muslims schools are being probed after a Church of England institution was put in special measures - amid claims that pupils have been exposed to Islamic extremism.

Inspectors visiting Sir John Cass’s Foundation and Redcoat Church of England Secondary School in Stepney, east London, discovered girls and boys were being segregated in the playground.

They also found an Islamic society set up by sixth formers had posted links on its Facebook page to hardline Islamist preachers. A YouTube channel created by the society was not checked by staff.

Tomorrow, inspection reports into six other independent faith schools in Tower Hamlets - all reported to be linked to the Muslim faith - will also be published.

And the Sir John Cass school will be criticised in an inspection report by the watchdog for failing to safeguard pupils from extremism.

The full report, which was partly leaked to a newspaper, will be published by Ofsted tomorrow alongside an advisory note to Education Secretary Nicky Morgan detailing the inspectors’ concerns.

The school, which has failed its inspection, is the first institution outside Birmingham to fail on such a safeguarding issue since the so-called Trojan Horse plot was uncovered.

Read more: http://www.dailymail.co.uk/news/article-2841916/Islamic-extremism-rife-CofE-school-East-London-institution-special-measures-inspectors-discovered-pupils-segregated-sixth-formers-posted-links-hardline-preachers-html

Kenya police find explosives in mosque raids

More than 150 suspected of ties to al-Qaeda-affiliated-al-Shabab arrested as arms and bombs seized in Mombasa mosques.
  
Al Jazeera
Kenyan police have found explosives after a series of raids on three mosques this week in Mombasa and arrested more than 150 people suspected of being supporters of al-Qaeda-affiliated al-Shabab.

Richard Ngatia, a local police chief, said investigators on Wednesday found a grenade and three machetes at Mombasa's Mina mosque, while two 10-litre petrol bombs and a bomb detonator were uncovered at Swafaa mosque.

Police raided two mosques on Monday, seizing weapons and anti-government literature that they said was evidence of militant activity.

Police had arrested 376 people during the raids, which started on Sunday, but 91 were subsequently released for lack of evidence. Prosecutors said 158 would be charged with being members of al-Shabaab.

Police said they were still considering what to do with the other detainees.

"We have recovered a hand grenade, some petrol bombs, we recovered a bomb detonator, we recovered a booster, we also recovered paraphernalia associated with training in jihadism," Ngatia said.

Kenyan Interior Minister Joseph Ole Lenku said in a statement late on Tuesday that "houses of worship cannot and shall not be taken over by criminals or used for criminal activities, including terrorism".

He also said an al-Shabab flag had been found in one of the mosques.

Thirteen of those arrested on Monday have been charged with possession of explosive materials and pleaded not guilty. Others held in the mass arrests were still being questioned.

Kenya has boosted its crackdown on armed groups blamed for a series of attacks in the capital Nairobi as well as along its Indian Ocean coastline.

Al-Shabab fighters killed at least 67 people in a gun and grenade raid on a Nairobi shopping mall last September, saying it was revenge for attacks on its fighters by Kenyan troops in Somalia.

Insecurity plagues East Africa's biggest economy, and attacks in the past year on the coast and in the capital have prompted Western nations to issue travel warnings, hitting the tourism industry, which is a big source of hard currency.

Al Jazeera zooms in on alleged abuse of refugees in Malaysian detention centres

An exclusive report by Al Jazeera claims children are among refugees in detention centres in Malaysia. – Pic courtesy of Al Jazeera, November 20, 2014.
Malaysia's treatment of refugees has come under the spotlight again following an Al Jazeera news report which highlights the horrendous conditions and exploitation of refugees in prison as well as corrupt dealings by local United Nations High Commissioner for Refugees (UNHCR) staff.

In a yet-to-be-aired 101 East programme, titled "Malaysia's Unwanted", senior presenter and reporter Steve Chao went undercover as a priest to gain access into the "notorious" detention centres where refugees who are arrested are placed.

According to UNHCR, there are some 150,000 refugees who have fled from their home countries to Malaysia, hoping to be relocated to a third country.

However, Malaysia, which has recently been elected as one of the UN Security Council non-permanent members, has refused to sign the 1951 Refugee Convention or its 1967 Protocol to recognise the status of refugees.

Therefore, refugees are not allowed to work or even go to school, which has prompted them to set up their own community centres for their children's education.

They can also be detained at any time and placed into the already overcrowded detention centres where Chao found them living in squalid conditions.

The report showed Chao's encounters with dozens of refugees inside these facilities, many of whom are chained and handcuffed and others who have not eaten for days.

He also found women who were hauled in just hours after giving birth and children, which is a violation of the UN Convention on Child Rights.

Refugees are kept in their cramped cells all day long and some revealed to Chao that they had been forced to strip naked in front of others and are then beaten, slapped and kicked while one former detainee tells the Al Jazeera journalist that he had been subject to abuse with a steel pole.

Although Malaysian authorities have admitted that abuse cases do happen in the detention centres, Putrajaya has maintained that the conditions are better than in other countries.

Chao also unearthed an illegal trade in UNHCR registration cards, headed by a local representative.

"All the money from this activity goes into the pockets of some top guys in the UN. We have been doing this with him for a long time. We are thieves, and we look for thieves above us," a UN translator was quoted as saying.

The UNHCR mission in Malaysia have been overwhelmed with refugees seeking help as more than 1,000 refugees and asylum seekers come to their office every day.

“We’re like an accident and emergency hospital, not a general hospital. In an accident and emergency hospital you make tough decisions all the time about triaging and prioritising who is the neediest of the people in an already needy group of people," Richard Towle, who leads the UNHCR mission, said. – November 20, 2014.

* 101 East’s ‘Malaysia's Unwanted’ airs from Thursday 20 November at 2230 GMT (6.30am Friday, Kuala Kumpur).

- See more at: http://www.themalaysianinsider.com/malaysia/article/al-jazeera-zooms-in-on-alleged-abuse-of-refugees-in-malaysian-detention-cen#sthash.Uih3nfhs.dpuf

It’s all smiles for Dr M, Khairy at Le Tour de Langkawi event

Minister of Youth and Sports Khairy Jamaluddin (left) and Tun Dr Mahathir Mohamad at Yayasan Kepimpinan Perdana in Putrajaya, today. – The Malaysian Insider pic by Nazir Sufari, November 20, 2014.
All seems to be going well between former prime minister Tun Dr Mahathir Mohamad and Youth and Sports Minister Khairy Jamaluddin when both shared a stage in Putrajaya today.

Once thought to be bitter rivals, Dr Mahathir and Khairy also appeared to be on the same page and were spotted exchanging smiles when asked about the controversy surrounding Malaysia's sovereign fund 1Malaysia Development Berhad (1MDB).

Khairy appeared reluctant to be drawn into the hotly debated issue when reporters posed a question if 1MDB would be discussed in the upcoming Umno general assembly.

Both just looked at each other and smiled.

"Next question on Le Tour de Langkawi (LTdL)..." he told the reporters today during the launch of a new LTdL logo at the Perdana Leadership Foundation.

Dr Mahathir and Khairy were always seen to be frequently having different opinions when issues arose, which was said to have been ongoing since Tun Abdullah Ahmad Badawi was prime minister.

Khairy is Abdullah's son-in-law.

In late September, Khairy said he disagreed with the former Umno president's opinion that the party needed to be open to criticism.

He said that Umno always accepted criticism and party president Datuk Seri Najib Razak also accepted dissenting views.

Dr Mahathir, in his blog post, stated that Umno was a party that practised self-censorship, where silencing opposing views and instilling fear of speaking out were accepted.

He added that the Najib’s administration and its policies reflected the “yes-man” culture.

In August, when Mahathir launched a scathing attack on Najib, Khairy then decided to remain tight-lipped on the matter.

"About the comments or criticism by Mahathir against our prime minister, I take the stance that is better for me not to comment as I do not want Mahathir to misunderstand.

"Because, from before, I have been public enemy number one for Mahathir," he said.

Meanwhile, Dr Mahathir today refused to comment on or name the ministers who sent their children to private schools.

"I have to have my views on this issue. I think there is no need to explain anymore."

Dr Mahathir yesterday, when writing about Putrajaya’s education policy and the gap between the rich and the poor, said some ministers sent their children to private and international schools which used English as the teaching medium. – November 20, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/its-all-smiles-for-dr-m-khairy-at-le-tour-de-langkawi-event#sthash.oHDTVJtv.dpuf

Steer clear of sensitive issues, delegates warned

 
Umno secretary-general Tengku Adnan Tengku Mansor has warned delegates who will be attending the party annual general assembly not to play up sensitive issues related to race and religion.

He said even personal problems among members should not be debated during the assembly.

"We should not touch on personal problems, sensitive race issues and sensitive problems between Umno members.

"They can do what they want in accordance to the guidelines given by Hishammuddin Hussein, as the vice-president in charge of these matters," he told reporters in Kuala Lumpur today.

Umno would be holding its 65th annual general assembly from Nov 25-29.

Speaking at the Putra World Trade Centre today, he added that although the results of the recent general election did not exactly favour the ruling coalition, all Umno delegates are advised to treat other races as “friends”.

Tengku Adnan, who is also the federal territories minister said while Umno is known as a party which champions the rights of the Malays, other races still consider it capable of ensuring peace and development for the country.

"Fundamentally, this party is about championing the rights of the Malays. We fight mainly for the interest, religion of the Malays, and (also) for the country.

"However, we were taught by our forefathers that we must live in harmony with other races in Malaysia. That is what we are emphasising.

"Umno members must realise, we understand the anxiety the Malays are facing when the results of the last election showed that other races no longer supported BN.

"And when you don’t support BN, they (Umno members) take it to mean the non-Malays do not support Umno," he said.

The minister stressed that there is no need to fret and be anxious as all the other races are considered as "friends".

"Chinese, Indians, Kadazans, Ibans...they are all Malaysian citizens," he added.

Bala's wife can't sue Najib, Rosmah, court told

 
The widow of late P Balasubramaniam has no locus standi to file a suit against Prime Minister Najib Abdul Razak and wife Rosmah Mansor without letter of administrative, Kuala Lumpur High Court was told today.

"There must be a seal order from the court before she filed the legal proceeding," said lawyer Hafarizam Harun (below), who represented both Najib and Rosmah.

There was no letter of administrative from the first plaintiff AS Selvi, who filed the RM1.9 million suit on both her personal capacity and as representative of the estate and lawful widow of Balasubramaniam, he said.

He said it was doubtful whether Selvi can act on behalf of Bala, or if she can do so in her personal capacity.

The plaintiff claimed that a conspiracy had forced her family into exile, he said, but, if such a conspiracy had existed, it would only involve Bala and not Selvi

"On the locus standi of personal capacity, if there is an agreement to conspire…it was not designed toward the plaintiff, and resulted damages to her," he said during a submission to strike out the trial.

The court fixed Dec 11 to deliver the decision.

According to Hafarizam, there is no reasonable cause of action given, as the plaintiff did not state how Najib and Rosmah were involved in the conspiracy, leading to Bala retracting his first statutory declaration (SD) and later forced to go into exile.

Special circumstances

Meanwhile, Americk Sidhu, the counsel for Bala’s family said Selvi is entitled to file the suit under the special circumstances, even if she does not have an administrative letter empowering her to represent Bala.

In this case, Americk said, the family has to file the suit before the expiry six years period from July 3, 2014, the date Bala revealed his first SD, he said.

The first SD revealed in July 3, 2008 linked then Deputy Prime Minister Najib Abdul Razak to murdered Mongolian national Altantuya Shaariibuu.

However, Bala (left) abruptly disclaimed the SD on the next day through a second SD at a hastily convened press conference.

He was subsequently bundled out of the country together with his family and was never heard of again until the following year.

Selvi and her three children have filed the suit following the discovery of what had taken place on the night of July 3, and morning of July 4, 2008.

They also named two of Najib's brothers, Ahmad Johari and Nazim, senior lawyer Cecil Abraham and his son, Sunil Abraham, who is also a lawyer, as respondents.

Other respondents included businessman Deepak Jaikishan, commissioner of oaths Zainal Abidin Muhayat and lawyer M Arunampalam.

Other counsels included the plaintif's lawyer Manjeet Singh Dhillon, Najib's lawyer Nazeera Hanifa and Choo Shi Jin, Ahmad Johari's lawyer Dhinesh Bhaskaran and Denise Tan, Nazim's lawyer R Archana and B Thangaraj and Darryl Goon who represented Cecil and Sunil.

Deepak was represented by Gabriel Daniel, while Arulampalam was represented by Chong Lan Shin. Zainal Abiddin was represented by Satha Ruban.

Equally responsible
 

All the respondents also applied for a strike out, arguing that their clients did was nothing illegal in drafting the second SD, arranging for Bala to appear in the press conference and speaking on his behalf to the media.

They also took the ground that the statement of claim was based on hearsay and ought to be struck out as a trial is a waste of time and abuse of court procedure.

They tried to individually show that they are innocent and had no part in forcing Bala to go into exile.

However, Americk argued that each had played their roles and could be held equally responsible.

Americk (right) even went on to name few offenses which had took place, including criminal conspiracy, threatening, abetment, fabricating and using false evidence, wrongful confinement, wrongful confinement in secret, abducting, kidnapping to foreign country and expulsion.

This suit warranted a full trial to be heard, he said.

Meanwhile, Selvi denied that she was seeking publicity as claimed by Najib through his affidavit.

"I categorically deny this assertion," she said.

To prove her point, she said, she submitted a letter she wrote to the respondents offering to consent to a gag order if an early settlement is reached.

Vell Paari: Writing on the wall for MIC boss

 
MIC director of strategy Vell Paari has urged MIC president G Palanivel to step down following the Pahang sultan's angry rebuke reported today.

Vell, who is the son of former MIC president S Samy Vellu, said Palanivel is mentally unfit for duty as environment minister and also unleashed a deluge of accusations against the latter's failures as party chief.

"We in MIC have long suspected that Palanivel has been suffering from a medical condition that unfortunately renders him unable to discharge his duties effectively," said Vell (left) in a statement today.

"Even when the sultan visited Cameron Highlands yesterday and during the previous incident, the MP was not present. This a violation of protocol and respect accorded to the ruler.

"It is common knowledge that the MIC president is absent minded and experiences bouts of severe fatigue.

"His condition had given room to some people to influence as well as exploit the president and dictate the direction of the party.

"This must end. The writing is on the wall," he said in a strong statement.

Vell said the sultan's remarks today were "most disheartening".

"Perhaps the time has come for the MIC president to retire from politics.

"This is not a plot to oust him but a case of simply stating the facts. And I am certain that my view is shared by many in the party," he said.

Najib's intervention regretted

Vell said his party had wanted to elect its president previously when his father Samy Vellu stepped down, "but the prime minister had intervened and decided otherwise".

"The PM's intention of preserving stability was noble but it has now become a problem," he said.

Vell warned that the party was in "dire need of rejuvenation and a dynamic leadership" to keep the party "relevant" in the face of the challenge that the country's changing political landscape poses.

"Some are even claiming of another major swing in Indian votes in the next GE towards the opposition and this includes disgruntled MIC members themselves."

Umno-linked daily Berita Harian today published the sultan's scathing criticism of Palanivel's inaction in the face of repeated landslides in his constituency, admonishing him of showing up only during election time.

Malaysian Indians Progressive Association (Mipas) secretary general SBarathidasan however said it was unfair to solely blame Palanivel.

He pointed out that land issues are the state government's responsibility and that the Pahang menteri besar should be answerable.

The tragedy has however seen a fierce blame game among members of the BN state's administration, dragging in even the Pahang palace.

Police demand list of Zunar's online customers

 
In the sedition investigation against political cartoonist Zunar, the police have asked the online payment gateway that handles his book transactions to disclose the list of customers who have purchased his book.

In the email that was sent by MOLPay Sdn Bhd to the cartoonist, whose real name is Zulkiflee Anuar Ulhaque, it stated that they received a formal letter from Bukit Aman to disclose the list of customers.

“PDRM has sent a formal request for MOLPay Sdn Bhd to provide the online payment receipt of customers who have purchased the said book via your website www.zunar.my in which MOLPay has no choice but to furnish them with the requested details,” the email from MOLPay stated.

The book in question is "Komplot Penjarakan Anwar" (Plot to jail Anwar) which the police alleged of containing seditious material.

However, Zunar’s lawyer Latheefa Koya (left) said that the police in their probe today told her client that his books did not contain anything incriminating.

The police are probing Zunar under Section 8(2) of the Printing Presses and Publications Act 1984, Section 4(1)(c) of the Sedition Act 1948, and Section 500 of the Penal Code  after two separate police reports were made against him.

According to Zunar’s lawyer Latheefa, the police stated that the first report was regarding the confiscation of his books at Putrajaya during the recent opposition leader Anwar Ibrahim’s sodomy trial on November 6.

Latheefa also said that the second report which probes him for the Sedition Act 1948 was made later at the HS Lee police station and was lodged by a policeman.

The second report does not specify what he is being probed for, said Latheefa.



KAMLES KUMAR is a trainee reporter with Malaysiakini.

Strip citizenship of those not well-versed in Malay, Johor rep says

(The Star) – An assemblyman caused a stir in the Johor state assembly when he suggested that students who fail to master the national language be stripped of their citizenship.

Datuk Dr Shahruddin Salleh (BN-Jorak) (pic) said many students were not able to master the language and this was even prevalent among the Malays.

“Even my own neighbour whose father and mother are Malays but because their child goes to international school, the child is unable to converse in Malay,” he said adding that the situation was prevalent in the vernacular schools.

Dr Shahruddin added that students were now more interested in mastering English and do not take the learning of Malay seriously.

He said the use of the Mandarin and Tamil by teachers in vernacular schools was another reason for students being weak in Malay, adding that the teachers were also not well-versed in Malay.

Dr Shahruddin was interrupted by Tan Hong Pin (DAP-Mengkibol) who cited the standing orders but speaker Tan Sri Mohamad Aziz managed to defuse the situation.

Assemblyman Ali Mazat Salleh (BN-Bukit Batu) later suggested that the state government use Jawi in all its government documents statewide.

Entrepreneur, Cooperative Development, Education and Information committee chairman Md Jais Sarday shot down the suggestions saying the government has no plan to implement them.

At a press conference, Dr Boo Cheng Hau (DAP-Skudai) said Pakatan Rakyat would meet to refer Dr Shahruddin to the privileges committee.

Ministry to probe school in tudung incident

The headmaster of the primary school has denied that a 12-year old student from Sabah at his school was forced to wear the tudung.

FMT

KUALA LUMPUR: The Education Ministry, through the Negri Sembilan Education Department, will call up a primary school headmaster and others in the state who were allegedly party to an incident where a non-Muslim student from Sabah was forced to don the tudung and participate in a nasyid group and prayer sessions.

This assurance was given by Deputy Education Minister P. Kamalanathan in Parliament in response to a question from Alor Star MP Gooi Hsiao-Leung. The Deputy Minister stressed that it was not the Education Ministry’s policy to force Islamic education or programmes on non-Muslims students.

“Based on what you raised earlier, I will take note and will conduct an indepth investigation into the case. I will investigate and give a report,” said Kamalanathan.

Gooi told the media at the Parliament lobby “the deputy minister said the matter will be investigated, and we will continue to press for answers.”

“The matter was serious and the Ministry should take appropriate action,” said Gooi. “Kamalanathan, during the question-and-answer session, was committed to investigate the matter.”

The headmaster of the primary school in Negri Sembilan, a Yunus Ismail, has since denied in a media update that a 12-year old student from Sabah at his school was forced to wear the tudung and participate in a nasyid group and also join a Muslim prayer session at a camp she had to attend.

Apparently, the school with an enrollment of nearly 500 students has only seven non-Muslims.

“She wore the tudung willingly. We do not force our non-Muslim students,” Yunus claimed. “The matter was settled two weeks ago.”

Yunus, who did not reveal how the matter was settled except for saying that he met with the parents of the girl at the centre of a growing storm, alleged that some teachers at the school were not happy with the tudung incident and were trying to make it into “a big issue”.

It was learnt that most parents of students at the school worked in nearby oil palm estates. Generally, they had very little education and were very poor.

People’s Petition on Sedition Act submitted to Speaker

“The 3005 signatures collected clearly shows where the people of Malaysia stand on this issue. The collection of signatures continues.”

FMT

KUALA LUMPUR: Dewan Rakyat Speaker Pandikar Amin Mulia has received a People’s Petition on the Sedition Act, carrying more than the minimum 3,000 signatures, calling on Parliament to bring up the matter on Monday 24 November i.e. three days before it ends this session.

Shah Alam MP Khalid Samad, representing Gerakan Hapus Akta Hasutan (GHAH), disclosed the matter at a media conference at the Parliament lobby.

GHAH will also gather all petitioners at Padang Merbok in Kuala Lumpur at 10 am. Together, the petitioners will march to Parliament, and demand their right to enter the House as petitioners and to have the People’s Petition raised and debated in Parliament.

“The People’s Petition has been served, appealing to the august Dewan to urge the Federal government to repeal the Sedition Act of 1948 and to drop all charges made under the Act,” reiterated Khalid.

“The 3005 signatures collected clearly shows where the people of Malaysia stand on this issue. The collection of signatures continues.”

He stressed that the “pre-independence”, “draconian” Act was enacted by the “British colonialists to suppress the people’s voice”.

“The Act covers far and wide – limitless, which is why it is very easy to manipulate and abuse it,” said Khalid. “It is being misused in every possible way against those who voice out against the government, the nation’s leader, or governing party.”

“The Act is being used to criminalize those who simply offer a differing view to that of the government, including lawyers, academicians, and civilians”.

Subang MP R. Sivarasah chipped in: “The new colonists have taken over by continuing to use the same old law to suppress and control.”

Amnesty International, Women’s Aid Organisation (WAO), Bersih, SUARAM, and Empower representatives were present during the media conference.

GHAH is a movement supported by 132 civil societies in Malaysia and spearheaded by SUARAM, Lawyers for Liberty, and IKRAM, among others. The objective of GHAH is to carry out a national campaign to bring to an end the Sedition Act 1948 which hangs over every Malaysian.

More than 40 individuals from different backgrounds and professions have been investigated and charged this year under the Sedition Act.

The crackdown was widely condemned by international and national institutions, including the United Nations Human Rights Council, Amnesty International, Article 19, Malaysian Bar Council, and SUHAKAM, among others.

Man detained for burning Quran

Police say the man, whose personal details had not been ascertained, is being referred to the hospital for examination and treatment.

FMT

ALOR SETAR: Police detained a man over the discovery of several torn pages of the Quran believed to have been burned in a container at a food court near a market here, today.

Kedah acting police chief Zakaria Yusof said the man was arrested at a supermarket in Mergong here, at 3pm yesterday.

He said the man, whose personal details had not been ascertained, would be referred to the hospital for examination and treatment.

“According to traders at the market, the man was often seen wandering in the market area and was also always seen burning papers (near a food court),” he said in a statement.

Several torn pieces of pages from the Quran, which were burned, were found by a trader, after being informed by another individual, who then reported the matter to the police and the Kedah Islamic Religious Department.

Earlier, at a media conference this evening before the man was apprehended, Zakaria said police suspected the culprit who had burned the Quran could be a deranged man but investigation was still ongoing.

“It is hoped the public will not distort the issue for fear it will create communal misunderstanding.

“If it was done with malicious intention we will take action under Section 298A of the Penal Code, for committing an act that could lead to disintegration of harmony and unity, feeling of dissatisfaction, prejudice based on religion, which carries a prison sentence of two to five years,” he said.

- BERNAMA

MCA: Is BM to be strictly for Muslims?

MCA also asks if the Kedah state government is trying to thwart BM from becoming an international language.

FMT

KUALA LUMPUR: Just when you thought it couldn’t get any worse, the Kedah state government is mulling over increasing the number of Bahasa Malaysia words prohibited for use by non-Muslims from 24 to 55.

Speaking out against this proposed ban, MCA Central Committee member Chin Tung Leong said, “It is feared that the proposed ban will limit the usage of Bahasa Malaysia.”

He also said the proposed ban would “slowly but surely make Bahasa Malaysia a language for Muslims only” and widen the racial gap between Malaysians.

Saying that communications between Muslims and non-Muslims will be greatly restricted, Chin, who is also MCA Overseas Liaison Bureau Deputy Chairman added that this would go against the government’s efforts to make Bahasa Malaysia a language of international calibre.

Converting spouses adding to conflict between civil and Shariah courts, says AG

KUALA LUMPUR, Nov 19 — The bitter dispute over the religious status and custody rights to children in a marriage that turns sour after one of the spouses embraces Islam is creating new conflicts between the civil and Shariah courts, Tan Sri Abdul Gani Patail has said.

The Attorney-General (AG) noted that such cases then become controversies as it involves the jurisdiction of two distinct court systems and could risk Malaysia's multicultural harmony as they have led to claims of “racial discrimination”, adding that law reforms meant to solve such problems have yet to be approved.

"Inter-racial marriages have given rise to a new conflict between civil law and Shariah law in relation to the unilateral conversion as well as custody issues of minor children where only one spouse converts to Islam.

“The increasing number of cases has also raised allegations of racial discrimination by the courts and authorities. The anguish to the families cannot be overstated and that is a fact.

“In this regard, the failure of the converting spouses to resolve the family arrangements prior to conversion and in fact, attempting to use the different jurisdictions of the civil and Shariah courts to their advantage, jeopardises not only family harmony but potentially national harmony,” the top government lawyer said according to his written speech from the ILKAP National Law Conference 2014 last week.

Abdul Gani said the problem of enforcing conflicting orders from the civil courts and Shariah courts in such disputes then calls into question the Attorney-General’s Chambers (AGC) and the police’s integrity, adding that this would hamper their ability to effectively carry out their duties.

Abdul Gani did not name any examples of such court cases, but there are two high-profile cases that have hit national headlines — the cases of non-Muslim mothers Indira Gandhi and Deepa Subramaniam, where both women’s Muslim convert ex-husbands ran off with their children.

In both cases, the Muslim convert ex-husbands cited the Shariah court orders granting child custody to them when refusing to comply with the civil court’s child custody orders in favour of their former spouse.

Despite recovery orders from the Ipoh High Court and Seremban High Court directing the police to act to find and return the abducted children to the non-Muslim mothers, the police have declined to take action and are now seeking the courts’ clarification instead.

Both cases did not involve spouses from different races, but the line between race and religion can sometimes be blurred in Malaysia as a Malay is constitutionally defined as one who professes the religion of Islam, among other things.

Abdul Gani said proposed amendments to three laws were mooted in 2009 to ensure that matters such as child custody and child maintenance would be decided by the court where the marriage was registered.

“These amendments, however, remain pending,” he said, without elaborating further.

He listed down the three laws of Law Reform (Marriage and Divorce) Act 1976, the Islamic Family Law (Federal Territories) Act 1984 and the Administration of Islamic Law (Federal Territories) Act 1993.

Lawyers have argued that child custody matters for a marriage that was initially between two non-Muslims should be decided by the civil courts even if a spouse later converts to Islam.

This is because a marriage that started out as a civil union should end or have any related issues ruled upon in the civil courts, instead of the Shariah courts for marriages between two Muslims, the lawyers said.

* NOTE: An earlier version of this article had inaccurately reported the Attorney-General as saying interracial marriages put national harmony at risk. The erroneous report was unintentional and has since been removed. Malay Mail Online apologises for the misreporting.


- See more at: http://www.themalaymailonline.com/malaysia/article/converting-spouses-adding-to-conflict-between-civil-and-shariah-courts-says#sthash.xxo0C0HJ.dpuf

Residents In Flood-Prone Areas Must Be Sensitive To Environment - Najib

KUALA LUMPUR, Nov 20 (Bernama) -- Datuk Seri Najib Tun Razak has advised residents living in flood-prone areas to always be sensitive to and wary of the situation in their surroundings.

The Prime Minister said if necessary, residents living in risky areas should move out much earlier to avoid undesired incidents.

In his latest posting on Facebook, Najib called on the people to surf the government's official portal, namely, http://publicinfobanjir.water.gov.my/ for the latest information on water levels in the rivers which were prone to flooding.

"I pray that everyone will be safe and receive protection from Allah SWT, insya-Allah," he added.