Islam, politics and violence in Malaysia

By Mohd Nawab Mohd Osman,

Dr Mashitah Ibrahim at the 2014 UMNO General Assembly meeting

The recent United Malays National Organisation (UMNO) meeting was full of contradictions. While Prime Minister Najib Razak exhorts the need for the government to be more inclusive of non-Muslims while others such as Dr Mashitah, a famous preacher and former junior minister, called for Islam to be protected from the threat of secularism, liberalism and Christianity. From the debate over the usage of the term Allah to describe God in the Malay translation of the bible to the discrimination of the minority Shiite community in the country, the Malaysian government has taken a conservative stance depicting a shift in its own Islamic orientation. Recent revelations that about thirty Malaysians are fighting alongside the Islamic State (IS) in Syria and Iraq has further underscored the more conservative turn that is taking place within the Muslim community in Malaysia.

Playing with the fire of Islamism

Since the 1990s, the Malaysian government has attempted to use its own brand of Islamist politics to counter the political threat from the Pan-Malaysian Islamic Party (PAS). The Islamisation race between PAS and UMNO led to a series of Islamic policies to be introduced. This race subsided in the mid-2000s mainly due to the strategy of moderation undertaken by PAS. Following the 2008 elections which saw a strengthened Pakatan Rakyat (PR), UMNO has once again focused its rhetoric on the need for the position of Islam to be defended in the country. The debate over the usage of the word Allah in the Malay language bible was portrayed as UMNO’s defence of Islam from the threat of Christianisation in Malaysia. During the 2013 elections, the threat of Christianisation was used as a bogeyman to coax Malay voters to support UMNO.

More recently, UMNO in the state of Kelantan, has openly supported PAS’s plan to implement hudud laws in Kelantan. On its part, PAS today sees the hudud issue as an integral part of its struggle. Since the 2013 elections, many PAS leaders feel that the party’s move away from its Islamist agenda has reduced support for the party. The failure of Anwar Ibrahim to be more consultative in making key decisions for the coalition such as the recent Kajang Move has convinced some in PAS that the party’s future lies in being an opposition party outside the fold of the PR. Interestingly, the conservative turn in both UMNO and PAS have brought their agendas closer. While some observers have argued that this will inevitably lead to a future coalition between PAS and UMNO, sources within PAS noted that a vast majority of PAS members do not support this alliance. As such, both PAS and UMNO will once again engage in an Islamisation race to prove that their respective party is indeed the true champion of Islam in Malaysia.

Normalising intolerance: The chicken has come home to roost

Another manifestation of this conservative turn in Malaysia is the recent discovery that a number of Malaysians were fighting and recruiting for ISIS in the country. ISIS fighters have been adept in using modern technology to spread their message. This could be seen in the case of Mohd Lotfi Ariffin, a former PAS member from Kedah who was fighting in Syria, who regularly posts pictures and videos of himself and other militants, seeking to inspire other Malaysian youths to fight there. Lofti had in July 20 been killed during fighting in Syria. Beyond the power of the social media, a number of Malaysian government policies have been instrumental in creating mind-sets that are fertile for recruitment by extremist groups like ISIS.

Since June 2013, the Malaysian religious authorities and government have been on an anti-Shiite frenzy. The Shiites, which represent the minority sect of Islam, were deemed as deviant and was banned. A number of Shiite religious scholars were detained and their places of worship were shut down. The Syrian conflict further exacerbated this anti-Shiite sentiment. The struggle against the regime of Bashar Al-Assad is portrayed as a holy war against the Shiite “infidels”.

Numerous television programmes, newspaper articles and ceramahs throughout Malaysia were filled with anti-Shiite rhetoric. The anti-Shiite fervour has led to a number of Muslim scholars in the country to declare that it is permissible for Sunni Muslims to wage a holy struggle against the Shiites. While Malaysian government leaders have never themselves called for a violent struggle against Shiites, the anti-Shiite rhetoric provided important religious justifications for some Malaysian youths to fight for groups like ISIS against Shiites in Iraq and Syria.

Likewise, the growth of Salafism in Malaysia is another important factor that has an impact on the strong support that ISIS has received from some Malaysian Muslims. Salafism is a religious orientation denoted by puritan and legalistic interpretation of the Qur’an. Salafis reject interpretations of classical Muslim scholars and seek to rid Islam of any cultural practices that are deemed as innovations. The Salafis are particularly notorious for their fervent rejection of Sufi and Shiite Muslims whom they deem as deviant. While most Salafis belong to the non-violent strand of Salafism, ISIS subscribe to the Salafi-jihadi strand which legitimise the use of violence in the name of Islam. The Salafi-jihadi doctrine argues that given the fact that most of the regimes in the Muslim World are in the state of jahiliyyah (idolatrous condition), it is the duty of all Muslims to rebel using violence to uphold hakimiyyah (God’s sovereignty). It must be added that the boundaries between the two Salafi ideologies are porous and Salafis can easily slide from one group to another. This could be seen from the example of the Salafi movement in Indonesia led by the preacher Jaafar Umar Thalib, which was a politically quietist movement that quickly transformed itself into a Salafi-jihadist movement (Lashkar Jihad) following the collapse of the Suharto government.

The vast majority of Salafis in Malaysia do not subscribe to the ISIS ideology. Nonetheless, the mindset created by Salafism is susceptible for recruitment by groups like ISIS. In more recent times, UMNO itself has promoted the Salafi doctrine through their recruitment of a number of prominent Salafi scholars including Ustaz Fathul Bari, as part of its young ulama wing. These scholars have also formed an organisation, Pertubuhan Ilmuwan Malaysia (ILMU) which has been in the forefront in defending the government’s Islamic credentials. The Salafi ulama are also fervent enemies of the Shiite community in Malaysia. They have gone out of their way to portray the Shiites not only as deviant but a group that seeks the destruction of Islam and the Muslim community. While the ILMU ulama have categorically rejected the ISIS ideology and discouraged Malaysian Muslims from joining the group, the similarities in the mind-set and religious doctrine between ISIS and the Salafi ulama are making some Malaysian Muslims more susceptible to ISIS’ recruitment strategy.

The future of Islam in Malaysia

It is clear that there has been a conservative turn in Malaysia. Nonetheless, there are voices within Malaysia that are now opposed to this conservatism. 25 prominent Malays comprising a number of retired high level civil servants cautioned Malaysian Muslims about the implementation of Islamic laws, and the way Islam is being used to shape public policies in this country. This came shortly after the Selangor Islamic Religious Department issued a fatwa declaring the Sisters in Islam (SIS), a Muslim feminist group as deviant. Indeed, it will take more than just 25 prominent Malays to ensure that this conservative turn will not alter Malaysia’s social fabric. As long as Islam is politicised and puritan understanding of the religion is promoted, Malaysia will see the radicalisation of more Muslims in the country.

Dr Mohd Nawab Mohd Osman is an Assistant Professor and Coordinator of the Malaysia Programme (IDSS) at the S. Rajaratnam School of International Studies, Nanyang Technological University, Singapore.

Mark Zuckerberg reveals Pakistani extremist asked that he be sentenced to death over Facebook's refusal to ban content about Mohammed

• Mark Zuckerberg has responded to the recent tragedy that occurred in Paris by recounting a 2010 incident he had with a Pakistani extremist
• Zuckerberg revealed on Facebook that an extremist in Pakistan fought to have him sentenced to death because Facebook refused to ban content about Mohammed
• Pakistan did end up blocking Facebook in the country over the incident in question, Everybody Draw Mohammed Day

By Chris Spargo For Dailymail.com

Mark Zuckerberg has responded to the recent tragedy that occurred in Paris by recounting a 2010 incident he had with a Pakistani extremist.

Zuckerberg wrote on Facebook, 'A few years ago, an extremist in Pakistan fought to have me sentenced to death because Facebook refused to ban content about Mohammed that offended him.'

This as a result of the site's promotion of an Everybody Draw Mohammed Day which took place on May 20 of that year.

We stood up for this because different voices -- even if they're sometimes offensive -- can make the world a better and more interesting place,' explained Zuckerberg.

'Facebook has always been a place where people across the world share their views and ideas. We follow the laws in each country, but we never let one country or group of people dictate what people can share across the world.'

The idea for the day came after Comedy Central decided to censor a not-so-flattering rendering of the prophet on their show South Park.

This act was deemed illegal under Pakistani law, where it is a crime to defile the 'sacred name of Mohammed.'

Read more:http://www.dailymail.co.uk/news/article-2903788/Mark-Zuckerberg-reveals-Pakistani-extremist-asked-sentenced-death-Facebook-s-refusal-ban-content-Mohammed.html?ito=social-facebook

Cops intensify monitoring certain groups

Intelligence network strengthened to ensure all movement of suspected individuals are monitored.

FMT

KUALA LUMPUR: The police are taking precautionary measures and strengthening national security following the militant-style attacks in France and Australia.

Deputy Inspector-General of Police Noor Rashid Ibrahim said although there had been no such threat in Malaysia, police were still taking measures to monitor the activities of certain groups and individuals in the country.

“We have intensified our monitoring and further strengthened our intelligence network to ensure that we are aware of every movement made by the suspected groups and individuals,” he told reporters, here today.

He disclosed this when asked to comment on measures taken by the police following the incident on Wednesday when three armed individuals wearing masks opened fire at the Charlie Hebdo office in Paris, France which left 12 people dead and another three seriously injured.

The incident was described by French President Francois Hollande as a “terrorist attack”.

In Sydney, Australia, two hostages and an Iran-born armed man were killed after Australian police raided a cafe to end the more than 16-hour seige by a suspect who held 17 people as hostages on December 15.

The police have taken measures in curbing militant activities, especially the so-called IS militant group, by detaining 51 Malaysian nationals, so far, who tried to join or help the militant group in Syria and Iraq.

– BERNAMA

Kit Siang happy to see MCMC chairman gone

Sharil Tarmizi was not firm enough with Utusan Malaysia, Umno hardliners and cybertroopers who abused social media with racist, religious rants.

FMT

KUALA LUMPUR: The Opposition is not shedding tears over the departure of Malaysian Communications and Multimedia Commission (MCMC) chairman Mohamed Sharil Tarmizi whose contract expired December 31 last year and was not renewed.

“I was not happy with Sharil as MCMC chairman as he had not been firm enough with Utusan Malaysia, Umno hardliners and cybertroopers when they abused the social media with their racist and religious venom and hatred,” said DAP elder statesman Lim Kit Siang in a statement.

“Sharil should have acted firmly against those who had exploited the cyberspace and misused and abused the social media with lies and falsehoods to incite racial and religious hatred, conflict and tension.”

Topping the list of those guilty of transgressions on the Internet in the past few years, when Sharil was MCMC chairman, would be the Umno mouthpiece Utusan Malaysia and the army of Umno cybertroopers who had no qualms or compunctions in disseminating lies and falsehoods on the Internet to incite racial and religious hatred, conflict and tension, reiterated Lim who is also DAP Parliamentary Leader and Gelang Patah MP.

The unhappiness with Sharil spans both sides of the political divide.

Lim noted with a chuckle that Utusan Malaysia editor Zulkifli Jalil said in a commentary that Sharil’s contract was not renewed because MCMC, under his watch, had given free rein to those who had incited racial hatred, thereby failing in its role as a regulator.

Utusan Malaysia, Umno hardliners and cybertroopers would have squealed the loudest if Sharil had acted professionally and impartially against Utusan Malaysia and the Umno cybertroopers, added Lim. “They were the chief culprits in the misuse and abuse of social media to incite racial and religious hatred in keeping with their larger ulterior objective to conjure imaginary fears, threats, bogeys and enemies that the Malays and Islam are under siege and only Umno could save them.”

What Utusan Malaysia, Umno hardliners and cybertroopers want, charged Lim, was for MCMC to harass and victimise pro-Pakatan Rakyat websites while leaving the pro-Umno websites alone, although it were the latter who were most guilty of the inflammatory and incendiary lies and falsehoods on the Internet to polarise the racial and religious situation in the country.

“Does Umno/BN want Malaysia to slide down the slippery slope to be a failed state by appointing an Umno stooge to be MCMC chairman?” asked Lim. “The position of MCMC chairman is much coveted due to its influence in the lucrative awards for communications tower contracts that are to be built in rural areas.”

“Will the appointment of an Umno stooge as MCMC chairman open the floodgates for the parceling out of RM2.2 billion cash-rich opportunities among Umno cronies?”

In the second quarter of this year, pointed out Lim, MCMC will award the contract for 600 towers to be built in rural areas. The contract for the first 400 towers came up to around RM900 million (US$252 million). The next phase will cost more than RM1.3 billion (US$360 million).

Book Review: Money Logging

Written by John Berthelsen - Asia Sentinel

A sad tale of the Asian timber mafia and the man who did more than anything to create it, Abdul Taib Mahmud. By Lukas Straumann, Bergli Books. Softback, 313 pp. Available in major bookstores.

On Oct. 3, 2011, a depressed, paranoid former chief operating officer for a San Francisco-based property company called Sakti International named Ross Boyert slipped a plastic bag over his head, taped it tight and suffocated himself to death in a Los Angeles hotel room. He was 61.

But Boyert, however delusionary he was when he died, left behind him an explosive legacy – the details of virtually all of the properties owned by Abdul Taib Mahmud, the longest serving public official in Malaysia. It is a breathtaking collection according to the documents that Boyert – who was fired by the Taib interests -- gave to a crusading journalist named Clare Rewcastle Brown. They show that Taib, through nominees, family members and other subterfuges, is worth in excess of US$21 billion.

Taib is not mentioned on the Forbes list of Malaysia’s richest, but if he were, he would be worth almost twice as much as the man listed as richest -- Robert Kuok, whose fortune is in property, sugar, palm oil and shipping. He would also be about halfway up the list of the world’s 50 richest billionaires although his name is not mentioned there either. That is because, according to this book by Lukas Straumann, Taib amassed his entire fortune illegally, as undoubtedly a handful of others have around the world that remains hidden. Nonetheless, according to Boyert’s documents and the research by Rewcastle Brown and Straumann, he is an engine of corruption the likes of which the world has never seen.

Taib built his real estate empire in Canada, the United States, Australia and the East Malaysia state of Sarawak on timber. Into the process, in his 33 years as chief minister, he staged some of the most depressing environmental destruction on the planet. An estimated 98 percent of the old-growth timber of Sarawak, a state three times the size of Switzerland, is gone, sold via timber permits to logging companies, many of them connected to him, that shipped the logs to Japan, China and across much of the rest of the world.

Using the documents furnished by Rewcastle Brown, and with considerable additional reporting, the story of Taib’s looting of Sarawak is told by Straumann, the director of the Basel-headquartered Bruno Manser Fund, an NGO named for a Swiss naturalist who fought to save the indigenous Penan tribe from the depredations of the loggers’ bulldozers, and who disappeared into the forest in 2000 and has never been found. It is an explosive book. Taib has threatened to sue Amazon if it distributes it. So far, Amazon has backed away from delivering it.

The book, Money Logging: On the Trail of Asia’s Timber Mafia, published by Bergli Books, also of Basel, tells the story of Taib’s rise to power, starting in 1965 as minister of agriculture and forestry. By the end of that decade, he would be Sarawak’s richest politician. Today he holds interests in property companies that own prestigious buildings in Seattle, San Francisco, Ottawa, London, Adelaide and in Malaysia itself. The major companies he controls through family members or by proxies, according to Boyert’s documentation, include Sakti International, Wallyson’s Inc., Sakto Group, Citygate International, Ridgeford Properties, Sitehost City and literally scores of smaller ones. He is believed to control more than 100 companies.

One of the most important things about this story is that Taib was first anointed by Tunku Abdul Rahman, the father of Malaysia and the country’s first prime minister. Abdul Rahman was followed in office by five other prime ministers who sat in Kuala Lumpur and later the Putrajaya government complex and did nothing about him. It was hardly a secret that he was both looting the country and stealing, on a breathtaking scale, the resources that belonged to the Dayak, Murut, Penan and other local tribes that make up the peoples of Sarawak.

Nothing was done about him because he developed a political machine that could deliver votes to the Barisan Nasional, the ruling national coalition in Peninsular Malaysia. Taib is a Muslim. Most of the Sarawak tribes are either Christian or animist. And, to the government across the South China Sea, it would have been unthinkable to have a non-Muslim government leader in charge. Later, during the current administration of Prime Minister Najib Tun Razak, it became clear that the Barisan’ very survival depended on Taib and his fellow Kleptocrat, Musa Aman, who continues stealing the people of the neighboring state of Sabah blind, although on a smaller scale.

What’s worse is that Taib’s activities in Sarawak, according to the book, spawned a series of giant timber companies including Concord Pacific, Samling, Shin Yang, WTK and Ta Ann Holdings – all of which have received backing from the international banking community including HSBC and others – and have expanded far outside of Malaysia to Cambodia, Australia, Gabon, Equatorial Guinea, Congo-Brazzaville, Papua New Guinea and just about every other country with less than reputable governments and tropical timber to loot.

“Virtually all of this timber (from Papua New Guinea) was exported to China in the form of logs and other Asian destinations and the trickle-down of wealth in the country itself remained minimal,” Straumann writes. That is true of virtually every country in which the Malaysia-based lumber companies operated.

There is one more sad corollary to this story. As a Dec. 23, 2014 story in the New York Times about Costa Rica’s rainforests demonstrates, tropical forests will regenerate, and, given the space of time, return to their former state. The forests of Sarawak, if not all of Borneo, once one of the world’s greatest green lungs, will not. Sarawak’s forests are being replaced with oil palm plantations.

Taib has stepped aside as chief minister and is now the state’s governor. He ostensibly is under investigation by the Malaysian Anti-Corruption Commission after the Swiss government forwarded allegations to the Malaysians of money-laundering into Swiss banks.

“It is up to his successors (as chief minister) to correct the state’s course of action and the government’s condescending attitude towards its indigenous peoples,” Straumann writes. “Now, the Malaysian judiciary and anti-corruption authorities need to live up to their responsibility. While it is a good thing that Sarawak’s last ‘White Rajah’ has finally stepped down, he does not belong in the governor’s residence. He belongs in jail.”

That last sentence is sadly unrealistic. Malaysia’s anticorruption commission and its judiciary have no intention of doing anything about Abdul Taib Mahmud. He remains far too valuable to the ruling coalition in Putrajaya to keep the state in loyal hands. He has announced plans to build a long series of dams on rivers to supply power that, given Borneo’s state of development, will never be needed. But skimming from the contracts will continue to supply a fortune to Taib and his family.

True Malaysian culture

JANUARY 9 ― I am a Muslim and I am a Malay. I am proud and I am okay. I am not an extremist.

On Wednesday, 12 people were shot dead as three gunmen attacked the Paris office of French satirical magazine, Charlie Hebdo, in what some now call a militant Islamist attack.

The magazine’s editor-in-chief and four well-known cartoonists, along with two police officers, were among those killed. Apparently, the gunmen claimed to be “avenging the Prophet Muhammad” as they fled the crime scene.

Unfortunately, this tragedy is not an isolated incident. There is now a global trend of young confused Muslims resorting to murder and vengeance in a twisted idea of jihad, justifing their violence in the name of religion.

As the recent government White Paper on the Islamic State in Iraq and Syria proves, even Malaysians are not exempt as 39 Malaysians were identified to have been involved in the violent jihadi movement.

This situation contradicts the nature of Islam as the majority of Muslims believe it to be ― the religion of peace. Tariq Ramadan is therefore right to condemn the Charlie Hebdo attack as as a “pure betrayal of our religion,” which we all know to preach compassion and mercy.

In Malaysia, we face a similar problem.

Malay culture is known for its grace and courtesy. Even when expressing disagreement or reproach, Malays are known to use subtle hints, sometimes even invoking poetry in the form of pantun nasihat, in order not to offend their counterparts.

One personal example that I have learned, is that serving food with a stick of lemongrass in the dish is to signal that the host is running out of food and that they are scraping the bottom of the pot. Hence, guests should consider eating less to make sure there is enough for everyone.

These subtle Malay manners seem to have disappeared today. We now have Malay groups publicly offering rewards for slapping women and tainting people’s faces with chicken blood. We also have a former Chief Justice bent on instigating racial and religious hatred by making provocative statements pitting the Chinese and the Malays against one another.

It is extremely unfortunate that these extremist voices are allowed to dominate the public agenda. This is why it is important not only to fight back against these purveyors of hate, but also to replace their agenda with a moderate one espousing peace, harmony and universal Malaysianness. It is dangerous to allow them to define the image of Islam and the Malays. If we do, then it would be a victory for all extremists.

In order to move forward, we need to focus not on primordial traits like ethnicity or religion, but on values ― in particular, the values of compassion, kindness, charity, honesty, justice and benevelonce that every Malaysian shares, regardless of culture.

Perhaps it is also tragic that Malaysians need disasters to remind us of our shared values. It is only when tragedy strikes that we stand together, respect each other more, and readily come to each other’s aid.

Having visited the flood-stricken areas in the East Coast myself, I have seen how thousands of Malaysians of all walks of life and colour have risen above where the government has fallen below expectations. Where the state and federal governments faltered, regular Malaysians in their own capacities took matters into their own hands, gathering whatever resources they could and launched an unorganised (but not disorganised) aid campaign that crossed the boundaries of political partisanship, race and religion.

Now that is true Malaysian culture!

We may have started the year 2015, but old courtesies are never out-dated. While the last year may have ended on a despondent note, this year may be the beginning of better times for our country, provided true Malaysians stand up.

Here’s hoping we always stick to it and not only act like true Malaysians when disasters strike. Happy New Year!

- See more at: http://www.themalaymailonline.com/opinion/dyana-sofya/article/true-malaysian-culture#sthash.UmQGV4uU.dpuf

Malaysia PM condemns Charlie Hebdo murders, touts moderation to fight extremism

Malay Mail (Used by permission)

KUALA LUMPUR, Jan 8 — Prime Minister Datuk Seri Najib Razak joined other world leaders today in condemning the terror attack on French satirical magazine Charlie Hebdo that killed 12 people.

In a posting on his Twitter account this afternoon, Najib said Malaysia, a Muslim-majority country, stands in unity with France after yesterday’s attack at the publication’s Paris office that has led to vigils around the world.

“Msia condemns in the strongest terms all acts of violence. We stand in unity with the French people. We must fight extremism with moderation,” Najib tweeted.

Putrajaya said in a statement later that Malaysia “strongly condemns” the shootings.

“Nothing justifies taking innocent lives. Malaysia is united with the families of the victims, the government of France, and the French people,” said Putrajaya.

Elsewhere across the world, other leaders have similarly condemned the brutal murders.

Singapore’s Straits Times quoted the Ministry of Foreign Affairs as saying: “This incident is another painful reminder that all countries face a common threat from terrorism. We support the French Government’s efforts to bring the perpetrators to justice”.

US president Barack Obama was reported by BBC News as condemning the “horrific shooting” and offering to provide any assistance needed to “help bring these terrorists to justice”.

UK daily the Guardian quoted Australian Foreign Minister Julie Bishop as saying that the killings at Charlie Hebdo appeared to be an “attack on freedom of the press, freedom of ideas, however controversial”.

French President Francois Hollande described the shootings as a terrorist attack of “exceptional barbarity”.

UK’s BBC News quoted United Nations secretary general Ban Ki-moon as saying: “It was a horrendous, unjustifiable and cold-blooded crime. It was also a direct assault on a cornerstone of democracy, on the media and on freedom of expression”.

US news network CNN reported today Paris Prosecutor Francois Molins as saying that the gunmen had said they were avenging Prophet Muhammad and had shouted “Allahu akbar” (God is great).

Charlie Hebdo, which satirises Islam and other religions, has printed a stream of controversial cartoons of Prophet Muhammad. Depictions of the prophet are prohibited in Islam.

US paper the Washington Post reported that Charlie Hebdo’s headquarters were firebombed in 2011 after the satirical weekly depicted Prophet Muhammad on its cover saying: “100 lashes if you are not dying of laughter”.

Media reports said an 18-year-old suspect has surrendered to the police, while the two other alleged gunmen are still on the loose.

Hunt goes on for Charlie Hebdo killers

'AG berat sebelah, perlu perjelaskan kes Melayu pendatang'

IS in Libya claims execution of 2 Tunisian journalists

TUNIS (AFP) -

The Libyan branch of the Islamic State jihadist group claimed Thursday to have killed two Tunisian journalists who went missing in September.

In a statement released on jihadist websites showing images of Sofiene Chourabi and Nadhir Ktari, the group said it had "applied the law of Allah" against them.

It was not immediately possible to verify the claim.

In the statement signed by the "communication service of the province of Barqa", the group accused the two Tunisians of having worked for "a satellite channel that fights religion".

Barqa is the ancient name of a region in eastern Libya where IS is thought to have gained a foothold.

A picture showed the two young men alongside an armed man in fatigues, his face covered.

Chourabi, an investigative journalist and blogger who was active during Tunisia's 2011 revolution, and Ktari, a photographer, went missing on September 8 in the eastern Libyan region of Ajdabiya.

Their disappearance came after the pair, who were working in Libya without authorisation, were detained by an armed group days earlier but released.

Libya has been engulfed by chaos since the 2011 NATO-backed uprising that toppled and killed veteran dictator Moamer Kadhafi, with two rival governments and a host of militias now vying for territory.

IS has seized swathes of Iraq and Syria, declaring a "caliphate" and committing widespread atrocities, including the beheading of Western hostages.

Between 30 and 50 Thousand Islamic State Militants in Mosul

Most Islamic State leaders in Mosul are foreigners

BASNEWS

A Former Iraqi National Security Adviser believes that there are between 30,000 and 50,000 Islamic State militants in Mosul, a city in northern Iraq.

In an announcement on Wednesday, former Iraqi National Security Adviser and current Iraqi MP Muwafaq Rubayi claimed, “Whilst Mosul was captured by 3,000 to 5,000 militants in June, the number has swelled to between 30,000 and 50,000 since then.”

Furthermore, Rubayi mentioned that most of the IS insurgents in the Mosul area local and Iraqi citizens.

He continued, “Most of the IS leaders are foreigners.”

“IS foreigners have been engaging with and brainwashing local people,” he said, explaining the dramatic rise in numbers.

Previously, the CIA estimated the number of IS insurgents in Mosul in the range of 20,000 – 30,000 militants.

Modi throws open doors to people of Indian origin around the globe

Prime Minister Narendra Modi today appealed to millions of people of Indian origin across the world to turn to their homeland after he eased visa rules to lure overseas talent, in a bid to make the country a top power.

India has the world's second largest diaspora after China, with more than 25 million people settling overseas since colonial times, from Guyana in South America to Singapore in East Asia.

Modi's desire to harness the group's skills and resources is bolstered by his Hindu nationalist leanings towards reasserting India's position as a global leader with a unique civilisation stretching back thousands of years.

"There was a time when professionals in India went to distant lands to explore new possibilities," Modi told an annual gathering for people of Indian origin in the western state of Gujarat. "Now India awaits you with opportunities."

The diaspora event was timed immediately prior to a large investment meeting that will be addressed by US Secretary of State John Kerry and World Bank President Jim Yong Kim.

Yesterday, President Pranab Mukherjee approved an executive order to ease the way for those whose families left India as many as four generations ago, as well as their spouses, to get lifetime visas and own property in India.

Modi's pitch has a harder economic aspect too, as the diaspora holds investments of more than US$100 billion (RM357 billion) in India.

Young, foreign-educated Indians came back in droves at the turn of the millennium and poured in funds as the economy took off with a roar, but the flow has dried up as growth sputtered in the past few years. Modi is keen to reverse that trend.

Officials said they are also assisting citizenship efforts by those whose ancestors left India centuries ago, shipped by British rulers to distant corners of the globe as indentured labourers.

Last year, overseas Indians greeted Modi with a rockstar welcome and stadium rallies on his state visits to the United States and Australia.

The energetic leader's popularity has already won over some high-profile individuals, including Arvind Panagariya and Arvind Subramanian, two of the world's top economists, who recently joined his government after long careers in the United States.

The diaspora meeting was attended by Guyana's President Donald Ramotar, and also sought to tap into the French-speaking Indian diaspora from island nations such as Mauritius. – Reuters, January 8, 2015.

- See more at: http://www.themalaysianinsider.com/world/article/modi-throws-open-doors-to-people-of-indian-origin-around-the-globe#sthash.bXY7EqIJ.dpuf

We are not 'extremists', Isma refutes G25

Ikatan Muslimin Malaysia (Isma) today denied claims made by the eminent group of Malays (G25) who said the NGO comprises extreme and religious fanatics.

Isma deputy president Aminuddin Yahaya said until today, Isma does not know why its members have been labelled “extremists”, for they operate within existing structures.

“I don’t understand why people say we are extreme when we only defend the constitution and Islam,” Aminuddin told a press conference in Kuala Lumpur.

“We defend the constitution because it is perfect enough in that it has the rights of the Muslims, non-Muslims, the bumiputera, as well as non-Malays.

“But there are certain quarters who want the same rights, not just in terms of economy, but in all matters, including Islam,” he said.

'Learn about constitution and Islam'

Aminuddin then went on to advise the 'Eminent Malays', who include former top civil servants, to learn about the constitution and Islam so that they understand the issues properly before issuing any statement.

He said that this was because statements made by the G25 previously were influenced by media reports that dub Isma as an extremist NGO.

“They (G25) are very much influenced by media reports that call us extremists and fundamentalists.

“We think that they are more influenced by the media that purposely tries to weaken the friends of Islam.

“We suggest that they (G25) look at the constitution. Learn knowledge on Islam so that they understand more. They have retired, so they seldom read about the constitution and Islam anymore,” Aminuddin said.

G25 became prominent when it wrote an open letter to Prime Minister Najib Abdul Razak last month, calling for the voice of moderation and asking him to show leadership in the wake of intolerant voices from right-wing groups such as Isma and Perkasa.

Don't talk to media, MIC sec-gen tells Youth wing

The rift in MIC worsened with newly-minted secretary-general G Kumar Aamaan sending a letter to the Youth wing demanding it not release any more negative media statements against the party.

In the letter which was addressed to its chief C Sivarraajh (right), Kumar said "we would like to inform you not to issue any detrimental media statements against the party or the president with immediate effect."

However the Youth wing refuted his direction and submitted another letter to the party headquarters today, deeming Kumar’s recent election as secretary-general, void.

"There is a directive from Registrar of Societies (ROS) to hold re-elections and that the 23 Central Working Committee (CWC) positions are invalid and the secretary-general has to be appointed amongst the members of the CWC.

"This is why whatever said by Kumar and even his position is invalid," the wing's secretary K Arvind Krishnan told Malaysiakini.

Arvind said the gag order was placed after a number of stories by the wing were reported mostly in Tamil newspapers, slamming the president and the party.

He added that it was a wrong move by Kumar to give such orders to the youth wing, when all it was trying to do was to save the party from being deregistered.

"We are trying our level best to save this party. Whatever that we have said and done including the media statements is for the betterment of the party," Arvind said.

The decision made by the president to reshuffle the CWC members especially when the party is currently facing deregistration, is a move that has been derided, Arvind added.

"This is not the time for the president to reshuffle especially when the party is going through a difficult period. We should sort out our internal differences, once our matter with ROS is solved," he said.

Last Saturday, MIC president G Palanivel (left) announced the reshuffle of a few positions in CWC including the secretary-general and party strategic director.

The ROS had, on Dec 5, ordered MIC to re-elect its CWC and vice-president posts within 90 days of the letter being issued.

This comes after the party was flagged for alleged discrepancies and irregularities in the last party elections in 2013 especially involving the vice-president positions.

It was reported that president G Palanivel had sent a letter to ROS on Jan 2 requesting for a time extension to conduct the re-elections.

A former CWC member, R Ramanan, claimed that ROS will no longer entertain letters from MIC regarding irregularities in the 2013 party polls.

 

Ibrahim Ali 'places' thesis in the toilet

 

Perkasa president Ibrahim Ali today said he would reject French researcher Sophie Lemiere’s thesis if he was her PhD examiner.

Ibrahim said this was because her thesis is “biased” and “not truthful”, and as such, “deserves a place in the toilet”.

This is despite him initially saying that he was “not offended at all” over Lemiere’s comment that Perkasa does not deserve the media space it is getting.

Lemiere at a Kuala Lumpur forum on Tuesday had also said that Ibrahim is a “communication genius”.

On this he said: “It is in fact a recognition for me, even though it came from somebody ‘not known and (has) no class’.”

“Her name Lemiere… to me she is a cat. Why didn’t she invite me to the forum?”

He also wished Lemiere (right) ‘a good time in Malaysia and if she wants to date me, anytime, my pleasure”.

Meanwhile, Perkasa secretary general Syed Hassan Syed Ali said the group has the right to occupy space in the media especially if the media is independent.

"You talk about democracy but at the same time deny the rights of others to media coverage, what happened to fundamental rights?" he lashed out in a statement.

Syed Hassan said it would be better for Lemiere to write about the ban on Muslim women wearing headscarves in her native France than to be a "busybody in someone else’s country".

In his tirade against Lemiere, Syed Hassan (left) said that the researcher has ulterior motives in coming to the country.

"As an outsider, you shouldn’t play with fire. You only mix around with non-Malays and as such only hear unfair views on Malay NGOs like Perkasa, Isma and Pekida.

"It could be that you are a Jewish tool to destroy Muslim and Malay political clout," he said.

He said those "using" Lemiere may be doing so because Perkasa, Isma and Pekida are obstacles to gain political support from Muslims and Malays.

He said if Lemiere’s findings that Malay NGOs are engaged in gangsterism are indeed true, then she would have long been "picked up" by Pekida.

"You should be given the boot and banned from ever entering the country again," said Syed Hassan.

Sabah’s autonomy on religion

By SSK 

The issue of religion, in particular regarding Islam, is a sensitive issue, made worse of late due to the Allah issue and Bahasa Malaysia Bibles controversy. What is happening in some states in West Malaysia is of concern to Sabah. The main concern is that what is happening in West Malaysia may soon happen in Sabah if the issue is not clarified.

To understand the issue of religion in Sabah we must revert to the Cobbold Commission and the 20-Point Memorandum where it says that while there was no objection to Islam being the religion of Malaysia there should be no State religion of North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo. The British members of the Commission were of the view that the non-Muslim community wanted complete religious freedom concerning worship, education and propagation in North Borneo and that the provisions of the Federal Constitution regarding Islam should not extend to North Borneo and that the State Legislature should be the authority that decides what happens.

Article 5A of the Sabah State Constitution says, “Islam is the religion of the State; but other religions may be practiced in peace and harmony in any part of the State.” Article 5B(1) says that the Yang di-Pertuan Agong is Head of Islam in Sabah but Article 5B(2) says the State Legislative Assembly shall be responsible for making provisions for regulating Islamic religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters relating to Islam.

Despite having Article 5A and 5B, Articles 11(1) and 11(4) of the Federal Constitution is retained to guarantee religious freedom and to allow State Law to control or restrict the propagation of any religious belief among Muslims.

In other words, this would mean there is a certain degree of autonomy in Sabah and the Sabah State Assembly can formulate its own policies, which may differ from that of the West Malaysian states, but just as long as it does not contradict the Federal Constitution. This results in the preservation of the freedom of religion in Sabah, with limited exceptions for the propagation of Muslims, and the Sabah State Assembly retaining the power to decide on the ‘rules of engagement’ and recommend these rules to the Agong.

Overall, there should be no confusion on this matter as far as Sabah is concerned and there are no restrictions to Christians in Sabah using Allah or publishing Christian literature, Bibles included, in Bahasa Malaysia. So let us not allow the controversy in West Malaysia to spill over to Sabah because Sabah has specific laws on what should and should not happen. And this is the guarantee we must give to the people of Sabah.

Peaceful rally not an absolute right, court told

Restrictions are necessary for public order, says federal counsel.

FMT

KUALA LUMPUR: The right to assemble peacefully is not an absolute right but is subject to restrictions in the interest of security of the federation or public order, the High Court heard today.

Senior federal counsel Kamal Azira Hassan, representing the government in a suit it has filed against former Bersih co-chairman S. Ambiga and 15 others, said the protection of the rights of other people was a crucial part of exercising the right to assemble.

He submitted that the restrictions were reasonably necessary and expedient for public order.

He pointed out that damage to property of other persons by an assembled crowd had the potential to explode into chaos and anarchy.

Kamal Azira said this in his submission before High Court judge John Louis O’Hara.

Kamal Azira contended that in any event, provisions under Section 6(2)(g) of the Peaceful Assembly Act (PAA) 2012 did not prohibit the freedom of movement of the organisers but merely imposed obligations on them to ensure that their assembly did not cause damage to property.

After the government concluded the submissions today, the court fixed January 30 to deliver its decision.

On May 15, 2012, the government filed the suit against Ambiga and 15 other individuals, claiming that Bersih 3.0 rally on April 28, 2012 had caused damage to public property.

In the suit, it seeks special compensation amounting to RM110,543.27 as costs to repair damaged police vehicles, other costs, interests and other relief deemed fit by the court.

It is also seeking a declaration that the defendants, as organisers of the Bersih 3.0 rally, had violated Section 6 (2)(g) of the PAA as they had the responsibility of ensuring that the gathering would not cause damage to public property.

In the statement of claim, the government also stated that the gathering around Dataran Merdeka turned unruly when participants broke through police barricades.

It said that on that day, the police were stationed around the area to ensure that rally participants did not violate the order issued by the magistrate’s court on April 26, which prohibited a gathering from being held at Dataran Merdeka and for the public not to be present there or to take part in

any protest rally between April 28 and May 1, 2012.

– BERNAMA

UM urged to withdraw unconstitutional circular

Unesco recommendations also provide that higher education teaching staff should not be hindered as citizens.

FMT

KUALA LUMPUR: Padang Serai Member of Parliament, N. Surendran has warned Universiti Malaya that it cannot, by circular, take away a right enshrined in Article 10(1) of the Federal Constitution.

Unesco recommendations, he added, also provide that higher education teaching staff “should not be hindered or impeded in exercising their civil rights as citizens”.

“The circular must be withdrawn immediately, and academic freedom upheld and respected,” said Surendran who is also a member of the PKR Political Bureau. “We call upon the UM administration not to make a laughing stock of the university and of higher education in Malaysia.”

“This ban on staff organizing ‘political activities’ is unconstitutional and a serious threat to academic freedom. It is particularly shocking that UM as the premier university in the country has disregarded UN standards and guidelines.”

He was commenting on a Universiti Malaya circular dated 23 December 2014 banning staff from organizing “political activities”.

Higher education teaching and other staff are entitled to exercise their fundamental rights just like any other citizen, he added. “Article 10(1) of the Federal Constitution guarantees the right to freedom of speech and association. Organizing or participating in political activities is thus protected as freedom of association.”

The ban, he charged, goes even further than the restrictive UUCA 1971 which, through amendments passed in 2012, “now allows students to carry out political activities outside campus”.

Najib won’t give up cheap politics for Eminent 25

Zaid Ibrahim says PM prefers ideas that divide the people and appeal to the delusional rather than the more liberal ideas of the Eminent 25.

FMT

PETALING JAYA: Former law minister Zaid Ibrahim has said he is doubtful that anything positive will come of the meeting between the group of Eminent 25 Malays and the prime minister should he agree to see them.

He said this was because Najib Razak was not willing to give up on playing “cheap politics with the country’s future”.

In his latest blog entry, Zaid said, “He (Najib) will probably tell the group the same old story: that Islam and the Malays are under attack.

“He will say that only a strong authoritarian rule, underpinned by the lethal mixture of race and religion that UMNO/PAS offers, will help the Malays to be in power.”

Zaid said these were ideas Najib knew would appeal to the “delusional” even if they were ideas that did not work and were “divisive” to the country.

He also said Najib should realise that if progress was what he was after for the country, he had to stop making religion an important aspect of his government.

Zaid also said that if there was only one message the group should convey to the PM, it would be that he withdraw his earlier statement that Malaysia was an Islamic state.

He argued his point saying, “There is no Islamic state in the world that is prosperous and democratic, or that respects the dignity of individuals.

“If he wants Malaysia to be peaceful and progressive for many years to come, he must not make religion the central policy of his government.”

Pointing out that the PM was also trying to make religion the government’s business, Zaid said, “When it comes to finding God’s way, the people must be left to find their own path—this is not the Government’s business.”

He said the PM should instead find good leaders to govern the country well and improve the people’s welfare instead of “building their spiritual lives”.

Saying he didn’t see Najib wanting to affirm Malaysia as a democracy like the one his own father helped establish, Zaid said, “…the Eminent 25 must not be too hopeful that, at the meeting, the PM will buy into the contents of their open letter.

“They must not hope that he will support democratic government and the protection of civil liberties and rights of minorities.”

He said the Eminent 25 could only hope for a change if they “forcefully and categorically state their position clearly, and convey to the Prime Minister that there are indeed Malays who will fight to save this country from the dangerous politics he is playing”.

Hindraf: More than 25 temples destroyed in Putrajaya!

NGO ticks off Perkasa Youth for making issue of one temple allowed to stand in the Federal Administrative Centre.
FMT

KUALA LUMPUR: Hindraf Makkal Sakthi, an apolitical human rights NGO working across the divide, has warned Perkasa Youth not to make an issue of one Hindu temple allowed in Putrajaya while remaining silent on the more than 25 others which were destroyed by the authorities when four large estates made way for the Federal Administrative Centre.

“The recent moronic statement by the Perkasa youth wing in questioning the building of the temple in Putrajaya is without any basis and without any historic knowledge of the land that is currently occupied by Putrajaya and Cyberjaya,” said Hindraf Chief P. Waythamoorthy in a statement.

He was delving into the history of Prang Besar, Sedgeley, Galloway and Medingley, four large estates totaling 8,000 acres which hosted more than 25 temples.

“When the Federal Government acquired the estates, thousands of plantation workers were displaced and shortchanged,” he said. “They allocated only one piece of land for the temple which is currently being built and destroyed the others.”

Besides losing their temples, their way of life, and their livelihood, the plantation workers were shortchanged, he added. “We can see the predicament of these folks in Kg Permata in Dengkil, Kajang.”

Some 400 families from the four estates were sold unfit low cost apartments that came to national attention in 2012, he recalled. “They were forced to camp in their compound as the government-built apartments were so shoddy that they had to be declared unfit for occupation.”

The fact that Putrajaya residents are mostly non-Hindus is besides the point, added Waytha. “The Federal Constitution is secular and enshrines freedom of worship.”

He charged that the existence of Perkasa and similar groups in the fringe only showed the “incompetence” of the authorities and their inability to prevent the polarisation that has taken root in the peninsula from worsening.

Waytha was made a Senator and Deputy Minister in Prime Minister Najib Abdul Razak’s administration after the May 2013 General Election. He quit eight months later in protest against the Prime Minister’s apparent inability and unwillingness to control the “little Napoleons” who placed numerous obstacles in his way and made his position untenable.

Declare Jan 7 ‘World Cartoonist Day’, says Zunar

Zunar condemns the brutal killing of cartoonists by terrorists in Paris saying everybody has the right to criticise any party through their work.

FMT

PETALING JAYA: Local cartoonist Zulkifli Anwar Ulhaque, better known as Zunar, has publicly condemned the cold-blooded killing of 12 people at the Charlie Hebdo office, four of them satirical cartoonist like himself, by three gunmen in Paris yesterday.

In a statement, Zunar also said January 7 should be declared “World Cartoonist Day” in memory of their editor Stéphane Charbonnier, and cartoonists Cabu, Wolinski and Tignous who all died at the brutal hands of terrorists.

Condemning the act, Zunar said, “Acts of violence, barbarity and brutality are against Islamic teaching.”

He also said everyone had the right to criticise whosoever they pleased by any means of their choice.

“My stand is clear — every cartoonist should be allowed to criticise parties through his/her cartoons. Any disagreement over the said cartoons should be responded to in a civilised manner, i.e intellectual discourses, open debates and other civilised damage-control methods.

“Even though we do not agree with the contents, we should respect the cartoonists’ right to express their views,”

Saying acts of terror were unacceptable in a civilised world, Zunar added, “In regard to Islamic content issues, as a Muslim myself, I would like to challenge Muslim authorities around the world to work closer with cartoonists to produce cartoons that can show the true image of Islam — a religion of peace, tolerance and moderation.”

According to Reuters, an 18-year old man sought by police over the shootings handed himself voluntarily to police in northeastern France.

Police are hunting three French nationals, including brothers Said Kouachi, born in 1980; Cherif Kouachi, born in 1982; and Hamyd Mourad born in 1996.

The official, who declined to identify the man, said he had turned himself in at a police station in Charleville-Mézières, in northeastern France at around 2300 GMT.

We Are Not Charlie

Murders of journalists must stop

Asia Sentinel

The attack Wednesday in Paris on the offices of Charlie Hebdo, the French satirical magazine, left 12 dead including the editor and a number of cartoonists. If the attack was revenge for Charlie Hebdo's past use of sardonic humor to poke fun at Islam, the outrage we feel is compounded by the fact that this is also a gross misuse of religion.

We may feel physically helpless in the face of such a brazen assault on people whose only weapons are pencils and ink. But like other such cowardly acts, these murders only unmask the desperation of lunatics on the fringe of society who cannot compete in the world of ideas.

The world is saying 'Je Suis Charlie." But in fact nous ne sommes pas Charlie. If we were Charlie we would be facing grenades and AK47 fire, or dead. It took enormous courage and fortitude and daring to print what Charlie Hebdo printed. There have only been a handful of publications with that fortitude. Few possess it and you have to pause and think what it really means. It is not easy

Nonetheless, at Asia Sentinel, "I am Charlie," taken from the magazine's website, is a sentiment we support. But we hope our readers will pass on the sentiment with a real understanding of what that phrase means. It means daring death at the hands of an irrational subsect of a subsect of a religion that is going off the rails and will kill for reasons that do not resonate with a world in which freedom of expression is non-negotiable. We will miss the Charlie Hebdo guys. We hope that, as journalists, we have the courage and fortitude to stand up when lunatics come hunting for our colleagues closer to home. This not a game in which slogans are easy to spout and hard to dare murder to live up to

Vicious Attack On Charlie Hepdo

I condemn the horrific murders that were carried out at the offices of Charlie Hepdo in Paris yesterday. Whatever might have been the motivation, the brutal killing of the 10 journalists and 2 police officers can never be condoned. My sympathies and condolences go to the families of the victims.

All right minded people regardless of religion or creed must
categorically reject such acts of barbarism. Once again, the savage acts of a few in the name of Islam have tainted the rest of the Muslim communities. In this regard, I call on Muslim leaders and ulama in particular throughout the world to denounce these acts of terrorism in the strongest terms possible.

We must continuously battle not only the perpetrators of violence but also racial and religious intolerance and bigotry.

ANWAR IBRAHIM

Where change comes from

WHEN news came of today's appalling terrorist attack in Paris, I was in the middle of drafting an Erasmus post with some thoughts on the question: can we expect Islam to undergo its own version of the Reformation, or to produce its own Martin Luther? The subject is addressed, in quite an intelligent way, in the latest issue of Foreign Policy, an American journal, and it is a topical one because various modern figures, from the Turkish preacher Fethullah Gulen to Egypt's military ruler Abdel Fattah al-Sisi have been described, however improbably, as Muslim answers to Martin Luther.
Today's ghastly events in France make the question even more pressing, because some people will undoubtedly say: this is proof, if proof were needed, that Islam is incorrigibly and by its very nature violent, intolerant and incapable of accepting the liberal ideal of free speech. And if that view gains traction, many Muslims will in turn conclude that in the face of such unremitting hostility, there is no point in even trying to explain their faith to others or seeking accommodation with their neighbours.  So the stakes are very high. 

Nick Danforth, the Foreign Policy writer, does a decent job of deconstructing the “Luther” question and showing how posing it reflects a linear, Anglo-Protestant view of history. According to this view there is a single-file march towards secular modernity, with reforming Protestants out in front, Catholics being dragged along a bit reluctantly, and Muslims far behind. “For most of American history, it would have been self-evident to the majority of American Protestants that the celebrated separation of church and state in the United States became possible because the Protestant Reformation tamed the Vatican in the 16th century.” You don't have to be a Protestant to argue for this sort of view; you could say, as many do, that the Reformation's real merit was that it reduced the importance of religion in general, and ushered in a more rational world. In fact, the article counter-argues, every religion has it own trajectory and its own way of negotiating the boundary between revealed truth and changing reality; it's not helpful to imagine a single track along which people travel at different speeds.

Here are some of my own thoughts on the subject. They have to do not with the merits, attractiveness or truth-claims of any religion, but with the way that religions in general work.
Martin Luther raised his voice against the abuse of clerical power by the Catholic authorities of his time: the ways in which sacraments (in other words, rituals which require a priest) were manipulated for cynical or venal purposes, doctrines were distorted, and ordinary people denied the opportunity to seek religious truth for themselves. He spoke with the authority of a well trained Catholic monk, versed in the Bible and in early church history. He wasn't rejecting all religious authority, or the idea of a sacrament as a ritual in which God was present; if he had taken that uncompromising view, he probably wouldn't have found many followers. 

In my experience, Muslims' first response to Luther's protests is usually something like: the abuses that he addressed are never likely to arise in Islam, because Islam has no equivalent of sacraments or priests who come between man and God and monopolise certain rituals. Islam has imams or prayer leaders, but no bishops or father-confessors.  (Shia Islam does have a tradition of powerful clerics, but the power they now enjoy in Iran is, arguably, a historical aberration.)

At the same time, many Muslims would stress that the "reform" or "renewal" of their religion, in the sense of cutting away unwanted accretions and getting back to Islam's original inspiration, has been a recurring theme in their history; and they would probably agree that some reform is badly needed now. But it's worth stressing that in neither Christianity, Islam, Judaism nor any other major religion can "reform" be equated with moderation or emollience. A stripped-down, minimalist religion can be more violent and intolerant than an elaborate one; just ask Oliver Cromwell or the Pakistani Taliban.

At this point, many non-Muslims might say, "we don't really care whether Islam is elaborate or stripped-down, we only care whether its followers can be persuaded to renounce terrorism, beheadings, and the pursuit of political power." Well, passionate arguments against all these things are being heard within the world of Islam, although they get less publicity than the violent voices. Look, for example, at the personally courageous stance of Hamza Yusuf, an American-born scholar with a wide following in the Islamic heart-land, in denunciation of Islamic State, its aims and methods. In recent weeks some 300,000 people have used the internet to hear him condemn, in rigorously Islamic terms, the claim of IS to be authentic representatives of the Sunni creed. His voice comes from deep inside scholarly, traditional Islam, just as Luther's came from deep inside sacramental, episcopal Christianity—and many people are listening.

Islam will not be scolded, scorned or aerially bombed into reforming by outsiders; it is deeply immune to external pressure. But it can and will change from within, as the founding texts and traditions are reread and refracted by successive generations. Nobody can predict which way that change will go—and there is not just one, single historical path along which it will or won't progress.

The power of different courts

The Star
by SHAD SALEEM FARUQI

In a country with a supreme Constitution, the courts cannot be ousted on issues of constitutionality.

LIKE most legal systems, Malaysia has many streams of justice. The Magistrates Courts, Sessions Courts, High Courts, Court of Appeal and Federal Court constitute our “civil court” system. Side by side with civil law, other systems of law and mechanisms for dispute resolution exist.

> Each State has its own hierarchy of Syariah Courts. These courts apply enacted

Islamic law and Malay adat in spheres limited and defined by Schedule 9, List II, Paragraph 1.

> Sabah and Sarawak have native laws enforced by Native Courts.

> Under Articles 182-183 of the Federal Constitution, a Special Court exists to try cases by or against Malay Rulers.

> There are scores of statutory tribunals known by a variety of names like Industrial Court, Court Martial, Valuation Tribunal, Commissioner of Income Tax and Disciplinary Committees and Tribunals.

> Private sector organisations like clubs, businesses and industries have their own domestic tribunals.

Such “legal pluralism” beautifully recognises the multiplicity of fountains from which our law emanates. But it also creates conflicts of jurisdiction. Up to now, the general statutory and judicial approach was to respect the separateness of parallel streams of justice and to accept that a valid decision of a special court or tribunal was final and conclusive and not appealable to the ordinary civil courts.

To this separateness and autonomy, one exception was always in place. By virtue of the supreme Constitution and many statutes like the Specific Relief Act, the superior civil courts retained a supervisory, “review power” to examine the constitutionality and legality of all determinations by inferior courts, tribunals and quasi-judicial bodies.

In the years since the insertion of Article 121(1A) which states that civil courts “shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts”, the supervisory power of the High Court in relation to syariah laws and syariah court decisions has come under severe questioning.

There are views that the Federal Constitution “does not limit the Islamic code”, that “syariah courts are not subject to the Constitution” and are of equal status to civil courts.

These views have undoubted populist appeal but questionable legal basis.

They fail to distinguish between what is aspirational and what is the legal reality. The Federal Constitution’s scheme of things is quite different.

Constitutional supremacy: According to Article 4(1), the Constitution is the supreme law of the Federation. No person, authority or institution, including a State Assembly or a syariah court, is above the Constitution.

Judicial review: Any law, whether federal or state, primary or secondary, civil or religious, pre-Merdeka or post-Merdeka, is subject to constitutional review by the superior civil courts in accordance with Articles 4(1) and 162(6). It is established law in Latifah Mat Zin v Rosmawati Sharibon (2007) that questions of constitutionality are for the civil and not the syariah courts to adjudicate upon.

Islam: Though Islam has a most exalted position as the religion of the Federation, the syariah is not the basic law of the land. In Che Omar Che Soh (1988), it was held that the Constitution and not the syariah is the litmus test of legality.

Article 3(1) on Islam as the religion of the Federation is qualified by Article 3(4), which clearly states that “nothing in this article derogates from any other provision of the Constitution”. This means that Article 3(1) does not override any other provision of the Constitution.

Article 121(1A): Under Article 121(1A), the syariah courts are immune from interference only as long as they remain within their jurisdiction, i.e. within powers conferred on them by state enactments. State Enactments in turn must confine themselves to the 26 topics allocated to them by Schedule 9 List 2 Paragraph 1.

Thus, a Muslim marriage or divorce is outside the purview of the civil courts. But if the State Enactment violates the Federal Constitution, the civil courts can invalidate it. Take, for example, the recent Negri Sembilan cross-dressers’ case.

If a Syariah Court acts unconstitutionally, e.g. it tries a non-Muslim for a syariah offence or it dissolves a civil marriage in which one party is a non-Muslim as in the Indira Gandhi case, the High Court is empowered to declare otherwise.

Likewise, if syariah officials act illegally as in the 2013 Borders Bookstore case, where they unlawfully seized a book that was not yet banned and then interrogated a non-Muslim employee of the bookstore which they have no power to do, the civil courts can issue the necessary declaration.

In a country with a supreme Constitution, the courts cannot be ousted on issues of constitutionality. For example, under the Second Schedule of the Constitution, Part III, Para 2 “A decision of the Federal Government (on deprivation of citizenship) shall not be subject to appeal or review in any court”. Despite such explicit language, courts have been willing to examine the exercise of the minister’s discretion.

Status of syariah courts: The status of syariah courts is determinable by looking at the mode of their creation; matters within their jurisdiction; persons subject to their control; and penalties they may impose.

The High Court, the Court of Appeal and the Federal Court are established by the Federal Constitution. In the appointment of judges to these courts, the Prime Minister, the top judges, the Yang di-Pertuan Agong and the Conference of Rulers are involved.

In contrast, syariah courts are not created by the Federal or State Constitutions but are established by ordinary State Enactments. Most of the safeguards available to superior court judges are not conferred on syariah judges.

Syariah courts do not have a general power to try all issues of Islamic law. According to Schedule 9, List II, Para 1 only the following are within their jurisdiction: 25 personal law matters plus power to punish offences against the precepts of Islam except in relation to matters in the Federal List or covered by federal law. Almost all hudud offences like murder, robbery, theft and rape are triable by federal courts and, therefore, outside the jurisdiction of syariah courts. Likewise, homosexuality, gambling and betting are penal code offences.

Syariah courts have jurisdiction only over persons “who profess the religion of Islam”. A non-Muslim is not subject to the syariah court. His acquiescence is irrelevant. Jurisdiction comes from law, not from consent.

Under the Syariah Courts Criminal jurisdiction Act 1965, Syariah courts have the power to impose six strokes of the rotan, RM5,000 fine and three years’ jail. In comparative terms, this is lesser than the jurisdiction of a Magistrates Court!

It should be clear, therefore, that on existing law it is not correct to attribute to enacted Islamic law or to syariah courts a legal superiority over constitutional provisions and total immunity from constitutional review by the civil courts.

Of course such an aspiration may come to pass one day, if the pace and range of Islamisation continues. But we are not there yet. The Constitution is still supreme. Proponents of “one country, two systems” or two equal and parallel legal systems have to be level-headed about the legal, political, economic and social implications of such a significant change to the constitution’s basic structure.

Any proposal for change must be accomplished in accordance with constitutional procedures and not simply by the might of public opinion. Under Articles 159(5) and 161E, the consent of the Conference of Rulers and the Governors of Sabah and Sarawak will be needed.

> Prof Shad Faruqi is Emeritus Professor of Law at UiTM. He wishes all readers a Happy New Year. The views expressed here are entirely the writer’s own.

Are fugitive Charlie Hebdo killers holed up in giant cave? Darkness falls on hunt as locals warn gunmen could hide out in forest for WEEKS

• Dragnet closing on brothers Cherif and Said Kouachi as manhunt by terror police zeroes in on area of north France
• They are believed to have fled on foot, still armed, into 32,000-acre forest, same size as Paris, 50 miles from capital
• Officers are said to have found a Molotov cocktail bomb and jihadist flag in their car which they abandoned nearby
• Dozens of armed police swarm into nearby villages to conduct house-to-house searches and set up road blocks
• Properties in village of Longpont surrounded by special forces as one officer warns MailOnline: 'This is not a game'
• Shocked diners evacuated from restaurant while they were eating lunch over immediate fears for their safety
• Men fitting suspects' description robbed garage while driving 'Renault Clio with Kalashnikovs and rocket launchers'
• Questions will be asked why Frenchmen with links to terror were apparently given free reign to carry out atrocity
• Seven connected to two main suspects arrested in towns of Reims, Charleville-Mezieres and the Paris area
• Third terror alert in Paris as another gunman is on loose - hours after PC shot dead by 'North African wielding rifle'
• Journalist Sigolène Vinson reveals she was spared death by the attackers in massacre because she is a woman

By Mark Duell and Simon Tomlinson and Peter Allen and Hannah Roberts and Emine Sinmaz In Longpont For Mailonline

Two armed suspects wanted over the Charlie Hebdo massacre were tonight being pursued through woodland as a huge manhunt closed in on a forest.

Police believe they have tracked down the brothers to a remote area about 50 miles north-east of Paris after reportedly robbing a nearby petrol station.

Officers are said to have found a Molotov cocktail bomb and jihadist flag in the car of Cherif and Said Kouachi, which they abandoned before fleeing.

The men, still armed, headed on foot into the vast Forêt de Retz (Retz Forest) that measures 32,000 acres, an area roughly the size of Paris.

Special police combing the French countryside were tonight searching a huge cave hundreds of feet deep for any sign of the alleged gunmen.

Veronique La Mer, whose house is within 50 yards of the cave, a former quarry, said as she watched anti terror police search: 'We are afraid.'

She added: 'I didn't sleep at all last night. I have two children in the house. The police told us to stay inside in our houses.

'We have seen police swarming the villages all.day and helicopters over our heads. These woods are huge. You could easily hide out here for weeks.

'There are lots of caves. The atmosphere in town is very strange. At 6pm the streets were deserted. Every one was afraid to be outside. '

Beatrice Le Frans, who also lives in Fleury village, told of balaclava-clad men carrying machine guns thumping on her door demanding to be let in.

She said: 'I thought they were the terrorists. I was terrified. They were trying to break down my door. But then they said they were the police.

'They said to be careful and stay inside. Luckily I have three grown up sons here otherwise I would be very scared. '

Swarms of police in armoured personnel carriers have sealed off the nearby village of Abbaye de Longpont, which has just 300 residents.

Read more: http://www.dailymail.co.uk/news/article-2901570/Hunt-Charlie-Hebdo-gunmen-killers-revealed-brothers-trained-Yemen-assassins-links-terror-groups-going-TEN-YEARS-free-roam-Paris.html

PM Wants Universities To Carry Out In Depth Study On Flood Issues

KUALA LUMPUR, Jan 8 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak today called on all universities to carry out in-depth study to find best solutions to massive floods which recently hit several states in the country.

He said among the matters that were discussed during the recent Cabinet meeting were flood issues and the need to seek ideas and input from the experts in irrigation management, environment and other relevant aspects.

"I want all local universities to give their input to the government in formulating and finding the best suitable method to solve the current flood issues and to make early preparation for the future."

Najib said this when launching Universiti Teknologi Malaysia's (UTM) Menara Razak building and the book on UTM's development under the 9th Malaysia Plan (9MP) here Thursday.

Also present were Second Education Minister Datuk Seri Idris Jusoh, Education Ministry's secretary-general II Prof Datuk Dr Zaini Ujang and UTM vice-chancellor Prof Datuk Dr Wahid Omar.

Najib said controlled and sustainable development should be implemented, cutting of trees, as well as clearing of forests for agriculture purposes should be closely monitored, while firm enforcement should be carried out, in a bid to preserve the environment.

He said this was because environmental destruction was among the factors that contributed to flooding and enforcement authorities should take stern action against those destructors to ensure that floods and landslides would not recur.

"For example, we can control floods by building dams to control the irrigation system, while generating electricity," he said.

Meanwhile, Najib also expressed gratitude to UTM for naming the building after his late father, Tun Abdul Razak, who was the second Prime Minister of Malaysia and who had also served as Education Minister.

The construction of the RM91 million building began on March 3, 2009 and was fully completed in September 2012. The 17-storey building was part of UTM's development under the 9MP.

"The late Tun Razak had known the first UTM vice-chancellor, the late Tan Sri Ainuddin Wahid, ever since the latter came to welcome the return of Tun Razak and the rest of the first Prime Minister Tunku Abdul Rahman's independence mission team from London, United Kingdom in 1950s," he said.

UTM had been developing well and succeeded in meeting the objectives and aspirations of its establishment, besides being the proud of the nation and one of the world's best universities, he added.