Malaysians, is there life beyond hudud?

Stoning to death. More lashes to the Friday caning. Syaria Law eventually for non-Muslims. Leave Malaysia if you don’t like how things are run. That puzzling and trumpeting Bangsa Johor rhetoric - as if nobody can explain what the concept of ‘nation/natio’ is. Sabah and Sarawak wish to leave the federation.

Criticise the county and you’re not allowed to go for your overseas holidays. Who owns Gold Star and why the deep secret? Syaria-compliant this and that. A possible boxing match with Dr Mahathir Mohamad, in Kuala Kangsar. Humans eating ‘dedak’ or chicken feed. Is Hang Tuah a real person? Is the Taming Sari we have now a fake dagger?

These are some of the topics dominating the discourse of our nation. Can we do better than this? Don’t we care about the intellectual future of our children? Don’t we want them to emulate good ethics from us and the adults they see in power? Don’t we have such moral and critical thinking obligation to them, leaving behind good lessons in their national lives?

That much we owe them, so that they could carry on rejuvenating society without emulating the political and psychological ills of today’s leaders.

I feel that Malaysia’s youth of the next generation is missing out on good and productive discourse plaguing the national debate on things. Malaysians have becoming more global, progressive, intelligent, innovative, and articulate - at least from my analysis of the stories of successes I have been reading.

We might be shamed in the cyberspace and international media with the massive and complex money-laundering scandal implicating our leaders and members of their families, but we are also reading stories of ‘global Malaysians’ - in the arts, business, and sociopreneurship - doing well inside and outside of Malaysia. They are proud calling themselves Malaysians.

But I feel that the discourse dominating the country is one plagued with the filth of retrogressive-ness our youth need not be subjected to.

From the Islamists wishing to push the completeness of the Islamic penal code, the hudud, to the ongoing fights between the members of the opposition and ruling coalitions, to the increasing paranoia over race and religion produced by the political leaders, the daily news of cases of corruption, robbery in broad daylight, the ongoing public arguments between the Johor Royal household with select Umno politicians - showing who can be more arrogant that the other - the malaise in our education system, and a host of other issues plaguing us, I feel that we are not moving in the right direction and taking advantage of the richness and talented-ness of our diverse population.

In other words, we are constantly at war with ourselves and that the goal of each political party is to destroy one another and for each leader to aim for the jugular - to rule the country.

As citizens we are not allowed speak up against evil-doings, such as the massive losses arising from the 1MDB fiasco although it is the right of each citizen to know what can happen to their life savings such as those in the Employees Provident Fund (EPF), the Haj Fund, and the fund allocated for the servicemen and women (Lembaga Tabung Angkatan Tentera).

Bipolar a nation we have become

We are asked to shut up or else be locked up if we dare speak of the fate of our hard-earned savings. Bipolar a nation we have become, paranoia our leaders are plagued with.

We are not allowed to do all these although as citizens - besides going out to vote - we are accorded the rights to participate in nation-building through making suggestions on how to maintain check and balances in a society supposedly progressive and democratic.

What a pathological state of democracy we are living in. What a shame for a country supposedly a ‘fully-developed industrialised society’ with first-class infrastructure and rhetoric of hypermodernity.

Today the dominant theme is (again) the hudud; of the Hadi-hudud proposal. I am sure by now Malaysians understand what the demands are and how Umno is helping to fast-track the proposal. Although items concerning the Islamic penal code are minimal, they do point to the inching of our country to the illusionary and ‘non-existent’ concept of an Islamic state.

Although punishments such as stoning to death and amputation are left out, they might be tabled again eventually when the Umno-PAS coalition on the ‘survival of the Malays’ and the ‘defence of Islam against its enemies in Malaysia’ becomes louder battle cries, especially for the Islamists wishing to turn Malaysia into a Taliban nation.

Today, the insistence is that the Syaria Law and hudud is only for Muslims, tomorrow it will be for all Malaysians, as political logic would dictate. Analysts on the scenario and the futurism of the implementation of Syaria law and the hudud have written about the complexity of the issue and how it can never be a suitable law in a country that prides itself in the superiority of man-made law as such as the Malaysian constitution.

The thought of stoning to death and amputation itself makes one wonder of the barbarism to be represented as a punishment supposedly ordained by a merciful, loving, and compassionate god -– God of the Religion of Peace. God who forgives more than one who gets angry all the time. Perhaps not many Islamic scholars in Malaysia have even inquired into the ancient cultural origins of such punishments; for example of the Pagan (Greek) and early Judaic origin of stoning which was then borrowed by Islam.

Today, stoning to death can be considered barbaric and inhumane and opposed to the United Nations convention on torture. Why subject a wrongdoer to a slow death? Would that be a philosophical question of today as the Hadi-hudud PAS-Umno proposal progresses?

These developments in Malaysia that are colouring the discourse on hypermodernity continue to take away our consciousness - especially of the youth - of more exciting things to work on: environmental issues, sustainability, newer technologies of peace, green technologies, newer jobs, newer hopes for world peace, appreciation of the arts, humanities and philosophies in school, good labour practices, respect and understanding one another cross-culturally, virtual reality, Elon Musk, Bill Gates, Steve Jobs, and even new ways of crafting Malaysian politics so that the rich will not get richer and filthier and the poor taken care of well and re-humanised.

But we are not there yet. We seem to love letting the discourse on Medieval and Dark Age practices dominate us. We need to move beyond these. How do we do this?

Let us share as many ways. As a people let us not stone ourselves to death. As smart and peace-loving Malaysians, let us not amputate our intelligence; the gift of the intellect to be used for ethical and social purposes. Is not religion, from the Greek ‘religio’ about making peaceful connections and not about amputations or being spiritually empty after being stoned to death metaphorically?

DR AZLY RAHMAN grew up in Johor Baru, Malaysia and holds a Columbia University (New York City) doctorate in International Education Development and Masters degrees in the fields of Education, International Affairs, Peace Studies and Communication. He will be pursuing his fifth Masters in Fine Arts, specialising in Fiction and Poetry Writing.

Different views on competition

BY BHAG SINGH

Some manufacturers want to fix prices so that merchants will not overcharge, but the law calls this ‘anti-competition’.

COMPETITION, according to the dictionary, means “a situation in which people or organisations compete with each other for something that not everyone can have”.

Today it is also used in a more specific way to prohibit acts or actions that prevent competition in the market place.

At one time, it was thought that unbridled competition, no doubt with exceptions, was thought to be the ideal state of affairs.

Some still believe that it would result in greater efficiency, lower prices, a diversity of choices and, in the end, better products.

It has been said that through perfect competition, both the customers and producers would be in a position where they would benefit more.

A reader has asked whether an attempt by a group of businesses to agree on prices of all or some of their goods they sell or services that they offer would be permissible.

He sees this as a way where prices are fixed on a uniform basis and the purchaser who sees such goods or services would not need to go round, but would be assured that whatever is paid to one merchant would be the same if secured from another.

He thinks that in this way the group could ensure that no single merchant over-charged or charged an exorbitant amount.

However, this is not the way the law looks at it. This, in law, would be price fixing.

The Competition Act makes such conduct unacceptable.

When the Bill was tabled, the explanatory statement said the Bill “seeks to introduce prohibitions on anti-competitive conduct and practices.

The object of the Act is to promote economic development by protecting the process of competition, and thereby protecting the interest of consumers”.

The explanatory statement also went on to say: “The Act makes provision for the introduction of competition law by introducing two main prohibitions. The first is in respect of agreements or concerted practices between enterprises or association of enterprises (together referred to as ‘agreements’) which have the object or effect of significantly preventing, restricting or distorting competition in Malaysia. The second is the prohibition of the abuse by an enterprise or enterprises of a dominant position in Malaysia.”

The various stakeholders who are involved in and affected by the Act have done much to publicise its effect and implications.

The only local book available is Competition Law in Malaysia written by Nasarudin Abdul Rahman and Hanif Ahamat at the International Islamic University Malaysia.

Price fixing would come within the scope of Section 4(1) of the Act which states that “A horizontal or vertical agreement between enterprises is prohibited in so far as the agreement has the object or effect of significantly preventing, restricting or distorting competition in any market for goods or services.”

It goes on to say that in subsection 4(2) that “Without prejudice to the generality of subsection (1), a horizontal agreement between enterprises which has the object to a) fix, directly or indirectly, purchase or selling price or any other trading conditions, b) share market or sources of supply, c) limit or control i) production, ii) market outlets or market access, iii) technical or technological development and iv) investment and d) perform an act of bid rigging is deemed to have the object of significantly preventing, restricting, or distorting competition in any market for goods or services.”

Thus the situation disclosed earlier would have the effect of price fixing as mentioned in Section 4(2)(a). Such was the case in connection with a complaint lodged again the Sibu Confectionery and Bakery Association (SCBA).

On Nov 17, 2013, the SCBA held its second Annual General Meeting at the Golden Happiness Restaurant in Sibu, Sarawak.

The Minutes of Meeting confirmed that the members who were “charged” attended the AGM.

The minutes of the AGM, submitted by the Chairman of the SCBA, indicated that the attendees, including those who were charged, had engaged in price fixing by agreeing to increase the prices of confectionery and bakery products by 10% to 15% in Sibu.

Excerpts from the minutes of the AGM (English version) showed the following: “This AGM we have to think and discuss carefully to fix a reasonable and acceptable selling price for our products which will be fair to bakers, consumers and society. We all know that the wages of workers, the prices of ingredients, the transportation and the sales tax, etc will rise up in the coming year. Therefore we have to discuss our selling price and make some decision first.”

They proposed that the new price of all the products would be raised 10-15%, the minutes continued: “Mr Chieng Hock Ming proposed, Mr Ko Ting Ing seconded. All the members present at the meeting put up hands to support.

It was passed and adopted.”

The Competition Commission decided that what transpired amounted to price fixing and there had therefore been a contravention of the Act.

However though all had taken part and supported the decision, only those who implemented the price increase agreed to were held to be in contravention of the Act.

In cases such as this, what is looked at is whether there has been an agreement to fix the prices.

Different consequences follow, depending on whether those who agreed implemented the increase or not.

The other aspect is that such an agreement need not be reached at a meeting.

It could be that the decision is made through an exchange of correspondence or a discussion over the telephone.

Any comments or suggestions for points of discussion can be sent to mavico7@yahoo.com. The views expressed here are entirely the writer’s own.

Dr M ‘worries all the time’ on police questioning him

The Star

KUALA LUMPUR: With the police force under him while he was Prime Minister for 22 years, Tun Dr Mahathir Mohamad says he is “always worried” about being questioned by the officers.

"Yes, they (the police) are coming today.

"This is the third time they are questioning me," he said, after officiating the launch of Perdana Global Peace Foundation's War Disaster Fund.

It has been reported that Bukit Aman police would be questioning Dr Mahathir at Yayasan Albukhary at 3pm.

When asked if he was worried about being questioned, he replied: "I'm worried all the time."

Last week, Deputy Inspector-General of Police Datuk Seri Noor Rashid Ibrahim said police are investigating Dr Mahathir's statement that the Rulers were “placed under house arrest.”

Noor Rashid said that the police would record Dr Mahathir's statement "when the time is right".

It was reported that Dr Mahathir had claimed that the Yang di-Pertuan Agong and other rulers had been placed under house arrest to prevent them from receiving the signatures of those who supported the Citizens’ Declaration.

On May 23, Malaysian Anti-Corruption Commission adviser Tunku Abdul Aziz Tunku Ibrahim lodged a report against Dr Mahathir regarding his claims, and said that allegations were “false and mischievous”

How is your Bill Islamic, Dr M asks Hadi

KUALA LUMPUR: PAS president Datuk Seri Abdul Hadi Awang’s Private Member’s Bill on Syariah court amendments is "un-Islamic,” Tun Dr Mahathir Mohamad (pic) says.

"They are trying to do something that is unjust, cutting off a Muslim's hand when a non-Muslim gets two months jail.

"What they are proposing is un-Islamic," said Dr Mahathir after officiating the launch of Perdana Global Peace Foundation's War Disaster Fund.

Last Thursday, Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said tabled a motion to expedite the tabling of the Bill in Parliament to amend the Shariah Courts (Criminal Jurisdiction) Act 1965.

However, Hadi asked for the Bill to be debated at the next meeting in October.

If the Bill is passed in Parliament, it will pave the way for PAS-led Kelantan to implement Syariah laws in the state.

Marina Mahathir says will leave Malaysia if hudud arrives

KUALA LUMPUR, May 23 ― Datin Paduka Marina Mahathir says she will leave Malaysia if hudud law is implemented in the country.

“I cannot live in a country where people want to cut off hands, I’m sorry, or stone people to death,” Marina told Malay Mail Online in a recent interview here.

“I would never live in Saudi Arabia. I don’t want to live in a country where this is official policy,” the prominent social activist added.

PAS president Datuk Seri Abdul Hadi Awang has submitted a private member’s bill to Parliament in a bid to remove the legal obstacles that prevent the implementation of the Islamic penal code in Kelantan.

Hadi said Tuesday that the Kelantan state government run by the Islamist opposition party will meet with the Barisan Nasional (BN) federal government to discuss plans to implement hudud in the state. BN has yet to state its official stand on hudud.

Critics of hudud have lambasted the strict Islamic criminal law, which punishes theft with amputation of limbs, as well as apostasy and adultery with death by stoning, as unconstitutional in secular Malaysia.

Marina, who is the eldest child of former prime minister Tun Dr Mahathir Mohamad, related an incident where she attended the United Nations women’s conference in Beijing in 1995 and Iranian women living in exile in the US had opposed a session about including religion in feminism.

She said the Iranian women, who were middle-class elites living in New York, had sounded bitter and were aggressive about keeping religion out of everything, noting that their counterparts had stayed back in Iran and fought from within, when women’s rights were rolled back after Iran became an Islamic state following the 1979 revolution.

“I look at these women and thought ― I never want to be like that. I never want to be a bitter exile. So I always thought okay lah ― I will stay and fight,” said Marina.

She said, however, that she would emigrate if hudud were to be implemented.

The activist, who speaks out about women’s rights and freedom of speech among other issues, said her strength to continue fighting is instinctive as she was brought up to be honest and considerate of others.

“It's natural to me, if I see something wrong, to say something, or to do something,” said Marina.

“It’s a form of worship. It’s how I act out my life as a Muslim. If you say it’s a way of life, it’s not just about rituals. It’s acted out by trying to do good, to be charitable and to ensure justice,” she added.

‘Joining PAS makes you a better Buddhist, Christian or Hindu’

PAS supporters’ wing representative Balachandran GK wows the crowd at the party’s muktamar with his address, peppered with Islamic terms and even a quote from the Quran.

PENGKALAN CHEPA: PAS is not just for Muslims and can help its Buddhist, Christian and Hindu members to become better adherents of their faith, says PAS Supporters Congress Information Chief Balachandran GK.

In his address at PAS’s 62nd muktamar today, Balachandran explained that the Islamic values inculcated by the PAS leadership enhanced the understanding of one’s own religious values, making non-Muslim members better persons.

Balachandran also hit out at MIC President Dr S Subramaniam over his quit threat in relation to the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965.

He said it showed Subramaniam was weak and did not understand the issue.

“If he does not understand the issue, he can call us. We can teach Subramaniam about Islam if he does not understand.”

Following the tabling of the bill last month, Subramaniam, together with MCA President Liow Tiong Lai and Gerakan President Mah Siew Kong, said they will quit their Cabinet posts in the event the bill is passed in Parliament.

Balachandran, who wowed delegates with his speech, peppered with Islamic terms and even a quote from the Quran, said PAS’s strength was not the now defunct Pakatan Rakyat, but Islam, and this was why the party could go it alone.

He also said that race should not be the basis for any political party’s struggle and it was important to understand each other’s religions.

“We are with PAS as it is a party based on Islam,” he said, adding that Islam was fair.

“Hidup Melayu (Long Live Malays) does not guarantee safety, Hidup Islam (Long Live Islam) guarantees safety for all,” he said to cheers from the delegates.

This is why, he said, it was important for the PAS leadership to include the supporters’ wing in its activities so that the non-Muslims could see that PAS was meant for all.