Selangor PAS hits out at reps for defending SIS

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

 

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 ZakariaPUTRAJAYA, 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.

Saiful's credibility hammered, but Shafee says it's 'old news'

Di mana akan aku cari ganti, kata Anwar kepada penyokong

Islamic State crisis: The 13-year-old on 'righteous path'

Mohamed's brother was trained to fight by the al-Nusra group in Syria

BBC News, Turkey-Syria border

In a cramped living room in southern Turkey, a 13-year-old boy is training to join Islamic State.

As he welcomes us in, he appears a regular, happy-looking child: his hair is ruffled, his smile beaming, he wears a grey, hooded sweater.

But as we sit down to talk, he heads next door to change, returning in a black balaclava and military-style camouflage top.

He wants to be known as "Abu Hattab".

Born in Syria, he was first radicalised last year, joining the jihadist group Sham al-Islam.
'Behead them'

He had Sharia lessons and learned how to use weapons, proudly showing us pictures in which he takes aim with machine guns.

Now he spends his days online, watching jihadist videos and chatting on Facebook to IS fighters.

Within weeks, he says, he'll go to the IS stronghold of Raqqa in Syria to become a young jihadi soldier.

"I like Islamic State because they pursue Sharia and kill infidels, non-Sunnis and those who converted from Islam," he says.

"The people killed by Islamic State are American agents. We must behead them as Allah said in the Koran."

I ask whether he has disclosed his age to those to whom he talks online.

"At the start, I didn't," he says.

"But recently I told them - and now they contact me even more, sending me photos and news."

But why not simply enjoy his childhood, I ask?

"I don't want to go out with friends or have fun. Allah ordered us to work and fight for the next life - for paradise. Before, I went to the park or the seaside.

"But then I realised I was wrong - and I've taken the righteous path."
'Evil powers'

His family now lives in Turkey - so would he launch an attack here, or in Britain for example?

"Britain should be attacked because it's in Nato and is against Islamic State," he says, "but we would kill only those who deserve it. If they ask me to attack Turkey and give me a holy order, I would do it. Soon the West will be finished."

At home, he and his mother, who wants to be known as Fatima, lead a devout life.

She spends much of her time studying the Koran and admits strong sympathies for the militants.

Last year, she sent her son for training with Sham al-Islam - but denies brainwashing him.

"I never encouraged him to join Islamic State," she insists.

"I support some of their beliefs but not others. But I think they came to help the Syrian people - unlike the evil powers around the world."
'Future leader'

If she's not encouraging him, I ask, what is she doing to stop her son losing his childhood to extreme violence?

"I can't stop him if he wants to fight," she says.

"War makes children grow up fast. I want him to become a future leader - an emir."

Steadily her voice grows in intensity, her eyes narrowing in anger above the scarf she uses to cover her face.

"I would not be sad if he killed Westerners. I'm ashamed that my other sons are working peacefully for civil society groups - they must take up arms."

How would she feel, I ask, if he dies fighting for Islamic State?

She pauses. "I would be so happy," she replies, before bowing her head to cry.

Read More: http://www.bbc.com/news/world-middle-east-29921816

Afghanistan: Protect 10-year Old Rape Survivor from Honor Killing

Brishna, a 10-year old girl from Kunduz province in Afghanistan, was raped by a local mullah in May 2014. While she was recovering in the hospital, her family and community members threatened to kill her and “dump her in the river.”

Months ago, police removed Brishna from the Women for Afghan Women’s shelter and returned her to her family, where she is at grave risk of an “honor killing.” The director of Women for Afghan Women, Dr. Hassina Sarwari, has also been threatened by the girl’s family and powerful members of her community for protecting Brishna. She too fears for her life.

Discrimination against women is endemic in Afghanistan, and authorities routinely fail to protect survivors and human rights defenders or to ensure judicial due process. Join us in calling for full protection for Brishna and Dr. Sarwari, effective investigation and prosecution of the perpetrators, and criminalization of “honor” killings. Learn more 

Please sign your petition here

Policeman uses axe to kill blasphemy accused: officials

LAHORE: A policeman used an axe to kill a man arrested for allegedly committing blasphemy,

officials said Thursday, days after an enraged mob murdered a Christian couple accused of the same crime.

Tufail Haider, a 50-year-old member of the Shia sect, was arrested for allegedly making derogatory remarks toward the companions of the Prophet Mohammed (PBUH) and brought to the Civil Lines police station in the eastern city of Gujrat on Wednesday.

“Tufail was kept in the lock-up but he continued uttering derogatory remarks and hurled abuse at policemen. He looked like a malang (wandering preacher) and seemed mentally imbalanced,” duty officer Ali Raza told AFP.

“Assistant Sub-Inspector Faraz Naveed, 36, became very angry on hearing the derogatory remarks against the companions of the Prophet (PBUH) and he killed the detainee with an axe in the lock up,” he added.

Naveed has been arrested and legal proceedings have been started against him, he added.

Around 1,000 Shias have been killed in the past two years in Pakistan, a heavy toll on the community that makes up roughly 20 per cent of the country’s 180 million-strong population, most of whom are Muslim.

There has been a recent surge in extra-judicial killings linked to Pakistan’s blasphemy laws.

A Christian bonded labourer and his pregnant wife were killed Tuesday for alleged desecrating pages of the Holy Quran in the eastern village of Chak 59, sparking condemnation from Prime Minister Nawaz Sharif.

A Christian woman, Aasia Bibi, who has been on death row since November 2010 after she was found guilty of making derogatory remarks about Prophet Mohammed (PBUH) during an argument with a Muslim woman lost an appeal last month.

The latest incident also has shades of the shooting in September of an elderly British man with severe mental illness, who was sentenced to death for blasphemy in January.

An internal investigation has found that the guard had been radicalised and goaded into the shooting by Mumtaz Qadri, a police bodyguard who murdered the Punjab governor in 2011 for suggesting reform of the blasphemy laws.

In Gujrat alone, three persons have been killed on the account of police torture.

Just last month, an individual on a Rawalpindi-bound train was beaten to death by police after a fight broke out between him and another passenger.

While on October 4, police allegedly tortured a woman to death during a raid in Sargodha.

Saiful a Barisan supporter who hated Anwar, Sri Ram tells court

The carpet where Datuk Seri Anwar Ibrahim allegedly sodomised his former aide was used to highlight more gaps in the prosecution's arguments in the defence's closing statement of Anwar's appeal against his sodomy conviction at the Federal Court this afternoon.

Lead counsel Datuk Seri Gopal Sri Ram began wrapping up the defence's closing statement by using the carpet to show that the complainant, Mohd Saiful Bukhari Azlan, was not a credible witness.

The carpet had been seized by police from a condominium unit, number 11-5-2, which was not where the alleged crime had occurred. The carpet also did not yield any forensic evidence to the alleged crime.

Saiful's charge against Anwar was that the opposition leader had sodomised him in unit 11-5-1 of a condominium in Bukit Damansara on June 26, 2008.

Sri Ram said the carpet could have been moved from one unit to the other, but there was no evidence to this effect. The two units were also not connected from the inside.

In order for the alleged sodomy to have taken place, Sri Ram said, the carpet had to be found in the right unit or there had to be at least evidence that the carpet was moved.

He told the apex court's panel of five judges that the carpet had perhaps been moved by "flying cows", and added, "I don't believe in flying cows".

Sri Ram said that without the carpet, the prosecution had no case against Anwar as the carpet was central to Saiful's claim.

The retired federal court judge also submitted that Saiful was adding "salt and pepper" to his claims.

He said Saiful ultimately contradicted himself by testifying that the door of the unit was locked from inside while the alleged sodomy happened. Yet, he also testified that they had tea and curry puffs after the alleged incident.

Sri Ram questioned how the food and drink had been brought to the unit if the door was locked from the inside.

He also rebutted the prosecution's claim that Anwar had used "Machiavellian" techniques to control Saiful, and also claimed that Saiful "idolised" Anwar.

Sri Ram submitted that Saiful "hated" Anwar, based on evidence from his posts on his Friendster account.

Saiful had put up posts which showed he was pro-Barisan Nasional, he told the court.

Saiful's friend, named Najwan, was also called to testify in the trial and he had said that Saiful could not be trusted.

"Najwan had even emailed Anwar to warn him of Saiful," said Sri Ram.

The prosecution, however, had dismissed this evidence, calling Najwan "jealous" of Saiful as he was working for the opposition leader.

Sri Ram urged the court to take Najwan's testimony seriously, as it debunked the prosecution's claim that Anwar and Saiful had a "relationship".

To the prosecution's claims that a luxury suit, perks and allowances given to Saiful were proof of a relationship, Sri Ram said that during trial Saiful produced in court what he claimed was the pants from a Brioni suit, but the pants had no label. The jacket of the supposed suit was also never produced.

"Evidence that he was given an expensive suit can no longer hold water," Sri Ram said, adding that all claims about perks and allowances had come from Saiful only, whose credibility was now in question.

The lead counsel also submitted that Saiful was not as innocent as made out to be and referred the court to the affair he allegedly had with a female public prosecutor during the trial.

"He seduced her to get confidential information," Sri Ram said.

Rebutting other points raised by the prosecution, Sri Ram cast doubt on the lubricant allegedly used during the sexual act, which had been cited as evidence that the sodomy took place.

Sri Ram said the investigating officer Supt Jude Pereira had at first refused the gel given to him as evidence by Saiful, but the next day took it for investigation purposes.

"Added to the fact was that no trace of the jelly was found on the carpet (where the alleged sodomy occurred)," he said.

On the lack of alibi witnesses called, Sri Ram said no adverse inference should be drawn against Anwar for this. The defence's 13 alibi witnesses initially named were not called after one was allegedly harassed by the police.

"We were unable to go forward because our witnesses had been scuttled," he submitted, adding that the prosecution could have produced video evidence of the police questioning to prove that there was no harassment, but they failed to do so.

Sri Ram said Anwar in his unsworn statement from the dock during the trial had denied committing the crime.

He reminded the court that Malaysian law recognised the right of the accused to make a statement from the dock, and no adverse inference should be made from this.

Sri Ram's last point this evening was to defend the first doctor who examined Saiful after the alleged sodomy, Dr Mohd Osman Abdul Hamid, who found that there was no evidence of penile penetration.

Dr Osman had instead found that a plastic object had been inserted into Saiful's anus, based on Saiful's own claim during the medical examination.

The doctor had no motive for fabricating that piece of information in his written report of the examination, Sri Ram said, as he was no longer in Malaysia having returned to Myanmar, his home country.

The defence has not finished making its closing reply and Sri Ram will continue tomorrow when the hearing resumes at 3pm.

It will be the eighth day of this hearing, the longest any criminal appeal has been heard at the Federal Court in Malaysia. – November 6, 2014.

*Reporting by Tarani Palani, The Edge Financial Daily.

- See more at: http://www.themalaysianinsider.com/malaysia/article/no-carpet-no-case-says-defence-in-anwars-sodomy-appeal#sthash.Da8pi4iS.dpuf

13-year-old among those killed in Cameron flood

 

The body of a 13-year-old student was one of two more dead victims found at the scene of the flash flood and landslide in Cameron Highlands, bringing the number of fatalities to three.

The bodies of R Punesh, a student of Sekolah Menengah Kampung Raja, here, and an Indonesian vegetable farm worker, Anipan, 48, were found at 8.45am and 9.20am, respectively.

Cameron Highlands district police chief Wan Mohd Zahari Wan Busu confirmed that to date, only three people were killed while five others were injured in the 6.30pm incident yesterday.

He said the body of the student was found by a security team and villagers about five kilometres from where he drowned in Sungai Telom, Kampung Raja.

Meanwhile, Anipan's body was found buried under a metre of earth.

"The victim is believed to have failed in his attempt to escape from the landslide," he said.

Wan Mohd Zahari said during the incident, Anipan's wife, known as Tsunami, 41, managed to escape and was unhurt.

He said the landslide also buried the kongsi house occupied by Anipan and his wife.

According to him, the flash flood affected 203 people from 47 families in Kampung Baru and Lembah Bertam, with 20 houses and 20 vehicles damaged.

"The management of the Sultan Abu Bakar Dam had announced to the police about releasing water via Sungai Bertam when the water level reached 35.9 feet due to heavy rain.

"To avoid any untoward incident, the residents were evacuated to the community hall in Ringlet and the operation was completed at 8pm.

"At the moment, the situation is under control and the weather is fine," he said.

Yesterday, a Nepalese vegetable farm worker, Md Yousuf Miya, 66, who also died in the incident, was found buried in Jalan Ulu Merah, Ringlet, at 8.30pm.

Wan Mohd Zahari said heavy rain over the area from 6pm to 7pm yesterday also resulted in the kongsi house shared by Md Yousuf and his friend Iswandi Nahrowi, 40, buried.

He said Yousuf's body was successfully removed from the mound of earth while his friend suffered a broken leg.

The dead bodies and those injured were sent to Sultanah Hajah Kalsom Hospital in Tanah Rata.

The search and rescue operation involved the police (37), Fire and Rescue Department (15), Civil Defence Department (24), Rela (35), Drainage and Irrigation Department (two), Tenaga Nasional Berhad (eight), and Cameron Highlands District Council (12), and would he aided by soldiers from the Tapah Camp.

Last year, Ringlet Lake in Lembah Bertam, here, overflowed, causing a mud flood, killing four people and damaging more than 100 houses.

- Bernama

Vell Paari: Enact 'Stupidity Act' to rescue Malaysia

 

The government should repeal the Sedition Act and replace it with a new legislation called the "Stupidity Act", says MIC's S Vell Paari.

According to Vell Paari, a 'Stupidity Act' will "rescue Malaysia from being ruined by ignorant imbeciles".

The MIC strategy director was referring to the police report by the Malaysian Muslim Consumer Association (PPIM) on mineral water bottles featuring the image of Batu Caves and Hindu deity Lord Muruga, supposedly next to the "halal" logo.

The image was one of numerous iconic locations affixed on the bottles as part of a tourism campaign.

Vell Paari said the incident reminded him of a conversation he had with a foreigner who converted to Islam.

"When I asked him the reason for doing so, he told me that he was inspired after reading an English version of the Quran, which in a nutshell, he described as promising man that despite whatever nonsense happens, something good would emerge in the end," he added.

Similarly, Vell Paari said, "something good" had come to light from PPIM's "nonsensical" objection.

He described this as Hindus being alerted to the issue.

"Being a Hindu myself, I am outraged over the placement of the image of Lord Muruga on the bottles which would end up in trash bins after the contents are consumed.

"I would be similarly upset to find the images of other places of worship in trash bins as well.

"However, I do understand that the company had embarked on the campaign with the good intention of promoting Malaysia's tourism spots," Vell Paari added in a media statement.

He said perhaps the Muslim consumer group should also file a police report against the Tourism Ministry for citing Batu Caves as among the locations to visit or perhaps even urge it to exclude non-Muslims from tourism paraphernalia.

Belittling Muslims

As for the argument that placing Lord Muruga's image next to the "halal" logo might "confuse" Muslims, Vell Paari said this showed how "confused" PPIM is about the faith of Muslims.

"Its argument only serves to belittle Muslims by giving the impression that  after drinking from the particular mineral water bottle, a Muslim might resort to carrying the 'kavadi' during Thaipusam in a state of 'confusion'," he added.

Vell Paari also expressed disappointment over the recent protest with regard to the construction of a church in Sunway.

"I view these incidents as a sign of desperation among those who realise that race and religion can no longer be used as tools of control.

"It is said that when a creature is under attack, that is when it is most ferocious.

"Similarly with moderate voices gaining ground (in Malaysia), the conservative and narrow-minded forces are clawing for survival," he added.

Vell Paari also pointed out that posters to promote tourism often depicted Malaysia as being rich in diversity with people of all races and faiths living together in harmony.

"But unfortunately, Malaysia is now making international news for being a land rich in intolerance with the constant playing up of an 'us versus them' agenda between the Muslims and non-Muslims as well as Malays and non-Malays.

"However, it would be foolish to think that change can be stopped," he said.

No Sedition Act on 'deity' bottle issue, says Nazri

 

Calls for action against manufacturers of the ‘deity’ mineral bottle have gone out of hand and should be reined in, says minister Nazri Aziz.

After Persatuan Pengguna Islam Malaysia (PPIM) called on the police to investigate the producer of the mineral water bottle, the tourism and culture minister called for sanity to prevail.

PPIM lodged a police report yesterday, saying that the printing of the image of a Hindu deity next to the halal logo is "seditious" and "insensitive" to Muslims.

"I don't know if the group wants to hang the manager, lah. I don't know, lah," Nazri said as he burst into laughter when asked to comment on the group lodging a police report on the issue.

"Let's be sane, people. We just withdraw it (the label). That's it.

"We are a country of sane people. The whole country is not an asylum, having insane people making lots of noise.

"You just register your unhappiness, that's it; we take action, we withdraw," he told reporters in Kuala Lumpur.

He stressed the company that produced the controversial label had no ill-intention at all when it placed that image near the 'halal' logo.

"There is no intention at all to insult Islam. It was done to promote tourism in the country... surely, there are places of interest that are religious places."

To appease those who are unhappy with the image, Nazri said, the ministry would withdraw bottles with the deity picture and adjust the halal logo.

'In a denial syndrome'

On another matter, Nazri also said the numbers of Chinese tourists to the country declined after the MH370 tragedy.

This situation was further worsened after several kidnapping cases took place in Sabah, he added, and at the same time pointed out that many people were reluctant to concede that Sabah was a dangerous place to go to.

Therefore, he described this to be a "denial syndrome" among Malaysians.

"I also do not dare to give promises that the places (such as Sabah) are safe and under control. The situation is still dangerous.

"We are in a habit of denying... please do not put other people's lives in danger," Nazri added.

Right to be offended

Meanwhile, Centre for Independent Journalism (CIJ) said calls for the company to be investigated under the Sedition Act proved the need for the Act to be repealed.

“Such calls (as those made by PPIM) are both worrying and farcical”

“It is the right of any group to be offended by the actions or words of others. However, this does not mean that every offending statement should be punishable by law,” said  CIJ in a statement today.

As such, actions that do not advocate hatred and incite discrimination, hostility or violence should not warrant legal punishment, it added.

The CIJ thus called upon the government to stop “feeding unhealthy racial and religious sentiment and instead to demonstrate leadership by calling for understanding and respect”.

We are challenging the process, not the fatwa, says SIS

KUALA LUMPUR, Nov 6 — Muslim women's group Sister in Islam (SIS) said today that it is challenging the process involved in formulating a religious edict or fatwa and not the authority of the state religious body to issue one.

The group clarified its position after the Sultan of Selangor said that religious edicts in the state are issued with his consent.

The group's founding member Datin Paduka Marina Mahathir said that the judicial review the group has filed aims to get an explanation on the reasoning for the fatwa that declared the NGO as deviating from Islam

"We were not informed when the fatwa was passed or even after it was gazetted," said Marina at a press conference today.

"Once it is gazetted and if we don't challenge it, it becomes a law and if we contravene the law, it is a crime.

"How would we know we were contravening it if we didn't know about it, and it so happened that we came across it by chance, 10 days before the deadline," she said.

On Friday, SIS filed for a judicial review on a gazetted fatwa in Selangor that declared the group of deviating from Islam.

SIS executive director Ratna Osman said they were filing the challenge as the fatwa – which was gazetted on July 31 - was issued without the group being told or questioned..

The three-month grace period to review a fatwa ended the day SIS filed the judicial review.

The group named the Selangor Fatwa Committee, the Mais and the state government as respondents at the Kuala Lumpur High Court.

- See more at: http://www.themalaymailonline.com/malaysia/article/we-are-challenging-the-process-not-the-fatwa-says-sis#sthash.Xd9Jv9DM.dpuf

Sultan on fatwas: Don’t question what I have approved

The Sultan says every fatwa issued in Selangor carries his personal stamp of approval.

FMT

SHAH ALAM: Making a firm stand about fatwas issued in Selangor, Sultan Sharafuddin Idris Shah said no one had the right to question or criticise a fatwa as each had his prior personal and full consent.

“A fatwa is only issued in Selangor after it has obtained my full approval and consent,” he said.

He added, “I urge Muslims to refrain from being too quick about criticising fatwas that are issued without first comprehending it fully.”

The Sultan said he offered this advice in order to prevent any untoward conflicts among Muslims in regard to the administration of Islamic affairs in Selangor.

He added, “…this is to preserve the dignity of Islam and prevent the religion from being easily ridiculed or disputed by irresponsible parties.”

Reminding the people that a fatwa was only issued after receiving consensus from all who sat on the National Fatwa Council, the Sultan explained that the Mufti of Selangor worked with scholars and professionals who were experts on not only Islamic matters but legal affairs as well.

“They discuss (fatwas) and determine the law, taking into consideration all the laws of the Quran, the Hadith and other related material.”

He added that he did not want the peace, unity and development of the people to be destroyed by those who were fanatical simply because they were influenced by external elements that were extremist in nature.

He said this in response to Sisters in Islam having filed a judicial review against a fatwa issued against them, branding them as deviant.

Najib must censure Razlan for Chinese school remark

DAP says Chinese schools enjoy more diverse enrolment consisting of all races and there are statistics to prove it.

FMT

IPOH: Chinese national-type schools (SJKC) are open to all Malaysians and is the most diverse type of school, therefor making Federal Territory Umno Youth chief Mohd Razlan Muhammad Rafii’s accusations baseless, Perak DAP Economic Development Bureau chief Chong Zhemin said today.

Chong said Mohd Razlan was wrong when he said Chinese schools were “dangerous” if it created enclaves where people could get by without speaking the national language.

He said during the MCA annual general assembly last month, Prime Minister Najib Razak defended Chinese primary schools saying that SJKC were guaranteed and protected under the Federal Constitution.

“It is now time for Najib to walk the talk and immediately censure Mohd Razlan for launching a scathing attack on SJKC to prove that he is not a hypocrite and meant every word he said during the MCA annual general assembly,” he said.

He challenged Najib to “walk the talk” or risk being exposed as double-faced – saying one thing in front of MCA delegates but another in front of Umno members.

He said Chinese schools were not only open to all Malaysians regardless of race and religion but also the most diverse and inclusive Malaysian school.

According to the Malaysia Education Blueprint 2013-2025, there are 94% of Bumiputera students in national primary schools, 88% of Chinese students in Chinese primary schools, 100% of Indian students in Tamil primary schools and 100% of Bumiputera students in religious schools.

Chong said compared with 6% of non-Bumiputera students in national primary schools, Chinese primary schools had 12% of non-Chinese students which made it the most diverse and inclusive of Malaysian schools.

According to Jiao Zong’s survey conducted in December last year, there are 30 Chinese primary schools where more than 70% of the students are non-Chinese.

Out of 356 Chinese primary schools surveyed, there are 314 Chinese primary schools with non-Chinese students.

Chong said in a press statement all these statistics proved that Mohd Razlan’s accusation on Chinese national-type schools were baseless and unsubstantiated.

“I would like to remind Mohd Razlan that the Barisan Nasional education policy since Malaysia independence was to ‘stop’ vernacular schools. No new Chinese or Tamil primary schools are allowed to be built unless an old school was shut down.

“I call on Putrajaya to abolish this discriminative, absurd and unreasonable education policy and allow Chinese and Tamil primary schools to be built according to needs.

“There is nothing political in making this call as education needs must stand above politics,” he added.

Fatwas can wait, let’s talk first

Khalid Samad suggests there are better ways to work out differences in opinions rather than hastily issuing fatwas.

FMT

KUALA LUMPUR: PAS’ Khalid Abdul Samad has said that instead of hastily issuing a fatwa against Sisters In Islam (SIS), it was better if the religious authorities engaged the NGO in a dialogue first.

He said this at a meeting between a few PAS members and SIS today.

According to Khalid, who is MP for Shah Alam, “Fatwas in Islam are issued following thorough investigation, not in a sudden manner such as this.

“SIS was never consulted by the Selangor Islamic Religious Council (MAIS) before the fatwa was released.”

Noting that SIS met with Mais two years ago to report that they were championing the rights of Muslim women, Khalid said that it came as a shock that a fatwa was suddenly issued declaring that NGO’s agenda deviated from the teachings of Islam.

Saying this was very “un-Islamic”, Khalid explained that Islam championed justice as was evident in a verse from the Quran that read “even enemies should be treated to a fair trial”.

He said that fatwas carried serious implications and thus should be issued only after thorough investigations.

“This kind of approach will make the public scared of Islam when actually Islam is a fair and peaceful religion,” said Khalid.

“How will Malaysians have confidence in Islamic governance if there’s a perception that fatwas, which carry serious implications, can be gazetted hastily without consulting the affected party and having a dialogue first?”

Referring to PAS Youth leader Muhammad Khalil Abdul Hadi’s labelling of SIS as a “growing cancer”, Khalid suggested that Khalil set a meeting with SIS and speak to its officials before making such a statement.

“I advice PAS Youth to be just and fair, not to mete out punishment without allowing an opportunity to a fair trial”.

“I don’t always see eye to eye with SIS on all matters but I meet them and we trash out our differences through dialogue,” explained Khalid.

Today’s meeting was initiated by Khalid’s PAS colleague, Parit Buntar MP Mujahid Yusof Rawa.

Mujahid described the meeting as a step forward, saying it was better than banning SIS outright.

“The meeting appeared necessary to us, not as PAS representatives, but a few concerned PAS members wanting to give SIS a chance to explain their side of the story,” he said.

“After talking to them we have come to realise that the fatwa should be discussed further and be more specific for both the terminologies ‘pluralism’ and ‘liberalism’ are deep theological ideologies and SIS have never preached these ideologies in a theological context.”

Gopal takes court on a magic carpet ride

Anwar's lead counsel talks about 'moving carpets' and 'seduction'.

FMT

PUTRAJAYA: As Day 7 of Sodomy 2 came to a close, Gopal Sri Ram, head of Anwar Ibrahim’s defense team, took the court back to the crime scene, describing how investigators went into Unit 11-5-2 of the condominium where the alleged act took place and removed a carpet from the room, but the act supposedly took place in the unit next to it, 11-5-1.

Citing that from all accounts only Saiful Bukhari had testified to there being a carpet in unit 11-5-1, Gopal proclaimed, “My learned friend said the carpet moved from 11-5-1 to 11-5-2. My Lords, I do not believe in flying carpets. There is a gap, no evidence to show that there was a carpet in 11-5-1.”

Gopal told the court that no forensic material could be lifted from the carpet and thus “We go further to say that the act of sodomy never happened,” noting that Units 11-5-1 and 11-5-2 are not neighbouring units. When asked by a judge if there was evidence, Gopal replied that if there was no evidence of the carpet being moved, there was no carpet in 11-5-1, contrary to Saiful’s account.

When the judge asked what would be the forensic team’s reason for going to 11-5-2, Gopal replied, “No reason.”

Gopal went on to attack Saiful’s character, noting that the complainant’s friend Najwan described him as contradictory and showing a picture of Anwar that Saiful had posted to the social network Friendster, describing the opposition leader as ‘munafik’ (hypocrite). Additionally, the social network pictures showed Saiful campaigning for Barisan Nasional.

The lead counsel also brought up Saiful’s seduction of a member of the prosecution team, Farah Azalina, telling the court, “If my learned friend (Shafee) can tell tales, so can I. But my tales aren’t about flying carpets. The open scandal of the Deputy Public Prosecutor having an affair with Saiful. This boy is not an ordinary boy.”

He also defended the late Karpal Singh, saying “Mr. Karpal, the great man, knew what he was doing when he applied to impeach the witness. Shafee suggested that Mr. Karpal didn’t know what he was doing. In his defensc, he knew exactly what he was doing.”

The court reconvenes tomorrow at 3pm, with an additional 15 minutes given to Gopal to conclude his submission.

M’sia deports Sikh militant to India

The man alleged to be responsible for the 2009 killing of Indian politician Rulda Singh.

FMT

KUALA LUMPUR: Malaysia has deported a suspected Sikh militant wanted for the 2009 killing of an Indian politician, police said today.

Inpector-General of Police Khalid Abu Bakar said in a statement that the man, 36, using a fake Nepalese passport, was arrested in Johor Baru on October 24 for immigration offences and deported yesterday.

He is alleged to be part of a Sikh militant group responsible for the 2009 killing of Indian politician Rulda Singh.

Rulda Singh was a former president of Sikh hardline group Rashtriya Sikh Sangat, which supports the Hindu nationalist grassroots organisation linked to country’s ruling Bharatiya Janata Party.

Khalid said Malaysian authorities cooperated with their Indian counterparts to make the arrest, bringing to six the total number of militants believed to be linked to the group held since 2009.

– AFP

Lawyers want all sedition cases frozen pending constitutional review

Malay Mail
by ZURAIRI AR

KUALA LUMPUR, Nov 5 — Several lawyers urged the Attorney-General (AG) today to put all ongoing sedition cases on hold pending the Federal Court’s constitutional review of the colonial-era law.

 

Lawyers representing Universiti Malaya law lecturer Dr Azmi Sharom, whose application for review was transferred by the High Court to the apex court today, noted that there are already many others facing sedition charges who have filed or are filing applications for a stay of their cases until the review is disposed of.

“It would be best if all cases under the Sedition Act which are currently pending also be stayed, pending the outcome of the Federal Court in this reference.

“So I hope the honourable Attorney-General will consider our request,” lawyer Gobind Singh Deo told reporters outside the High Court here.

Last month, a Kajang Sessions Court postponed hearing the sedition case of Abdullah Zaik Abd Rahman, the president of Islamist group Ikatan Muslimin Malaysia (Isma).

A deputy public prosecutor had agreed to the stay, prompting anti-Sedition Act lawyers and activists to call for a moratorium by the Attorney-General’s Chambers.

Lawyer Eric Paulsen, who was part of Gobind’s team today, said he welcomed the decision of High Court judge Kamardin Hashim to refer Azmi’s challenge to the Federal Court, as the Sedition Act has been “put into a serious question”.

“Since the Sedition Act has been used in widespread and indiscriminate manner, I think it will only be fair and just to everyone involved for a moratorium be imposed on the further use of the Sedition Act

“And also for all proceedings to be stayed until a decision is made in the Federal Court,” said Paulsen, who is part of the Lawyers for Liberty group.

Justice Kamardin told a High Court hearing today that he is invoking Sections 84 and 85 of the Courts of Judicature Act 1964 to refer the case to the nation’s apex court.

The High Court also ruled today that all proceedings in Azmi’s case in the Sessions Court has now been stayed pending the decision of the Federal Court.

The Federal Court will now hear whether Section 4(1) is inconsistent with Article 10(2) of the Constitution, which allows only Parliament to impose legal restrictions on the right of freedom of speech conferred under Article 10.

The court will also hear whether the Sedition Act itself is valid and constitutional.

Azmi was the first academic to be charged following a string of cases over recent month where at least 20 anti-government dissidents, opposition politicians and a journalist booked in the space of one month.

Khazanah Promises Transparency On MAS Privatisation, Says MSWG

KELANA JAYA, Nov 6 (Bernama) -- Government investment arm, Khazanah Nasional Bhd, has promised to remain transparent on Malaysian Airline System Bhd's (MAS) restructuring process even after the airline's privatisation, Minority Shareholder Watchdog Group (MSWG) said.

General manager of corporate services, Lya Rahman, said long-time shareholders had voiced out their views and concern and Khazanah should take note of all this.

"Khazanah should be transparent all the way in whatever they do as this is national interest. Let Khazanah do their job and let's pray that it is a successful attempt after the previous attempt failed," she told reporters after MAS extraordinary general meeting here today.

On the balloting process, she said Khazanah's offer to acquire the remaining shares they did not owned at 27 sen, received strong approval from 93 per cent of the shareholders.

"I think shareholders know that they should accept this offer because if this thing does not go through, then they may not get anything at all," she said.

She said MSWG was also satisfied with the response from MAS on its questions and questions raised by the shareholders.

"They responded well," she said.

-- BERNAMA