Archive for the ‘BornInMalaysia’ category

Subashini loses court case!

December 27th, 2007
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As highlighted yesterday, the judges took the first option and threw out Subashini's case as invalid. This will cause her lawyers to file new case and more time is wasted.

More damaging, the converted idiot is allowed to convert his child as well. All of us must take note of this and ensure that any future convert's families are not left damaged and destroyed due to the irresponsible action of the convert.

This is a very damaging judgment and spells doom for people like Subashini who are cheated by cowardly spouses. In the future, the same situation may affect our own family members.

http://www.malaysiakini.com/news/76423

Federal Court throws out Subashini's case

Soon Li Tsin | Dec 27, 07 12:24pm

The Federal Court three-member panel today ruled against R Subashini on a legal technicality – that her divorce petition in the civil court was “premature and invalid”.

In a 2-1 decision, the country’s highest court said that Subashini’s divorce petition was prematurely filed under the Law Reform (Marriage and Divorce) Act 1976 (LRA).

According to the act, the wife can only file the petition after the expiration of three months from the date of the husband, T Saravanan’s conversion, as stipulated under Islamic law.

However, Subashini’s divorce petition was filed nine days before the three months expiration date. The divorce petition is deemed null and void.

Justices Nik Hashim Nik Ab Rahman and Azmel Ma'amor struck out Subashini’s case while Abdul Aziz Mohamad was the lone dissenting voice.

Subashini, 28, a Hindu, is trying to stop her husband, who has converted to Islam and assumed the name Muhammad Shafi Saravanan Abdullah, from taking matrimonial proceedings to the Syariah Court.

Her husband converted in May 2006 along with their eldest son, Dharvin Joshua, 4. The husband then launched proceedings in the Syariah court for divorce and custody of their second son, Sharvin, 2.

The Federal Court also ruled that Muhammad Shafi did not abuse the court process by converting his four-year-old son to Islam without the knowledge of the mother.

It said that according to Islamic law, only one parent should be informed for the conversion of a child.

The court also ruled that it was within the right of Muhammad Shafi as a Muslim to file the divorce proceedings in the Syariah Court.

Go to Syariah Court

During her appeal to the Court of Appeal on March 13, justices Suriyadi Halim Omar and Hassan Lah who made the majority 2-1 decision told her to take her case before the Syariah Court instead while Justice Gopal Sri Ram dissented.

According to the majority decision, the injunction sought by Subashini was unsustainable because the Syariah Court is competent enough decide on the matter.

However, on March 30, Subashini was granted an interim injunction by the Court of Appeal restraining Saravanan from pursuing his claims in the Islamic court.

The injunction also effectively restrained him from converting their Sharvin to Islam and from pursuing his custody claims in the Syariah court.

It was also held in the landmark ruling that a Muslim could apply to the Islamic court to convert his or her underage children without permission from the non-Muslim spouse.

interview with Mydin boss

December 27th, 2007
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Together with Malaysia, for better or worse

source

TRAVEL to any major town in Peninsular Malaysia and chances are you will find a Mydin store in the area. Known for being "good value for your money", Mydin's stores today — in particular its hypermarkets — are competing against international players like Carrefour and Tesco.

Datuk Ameer Ali Mydin, managing director of Mydin Mohamed Holdings Bhd and son of founder Mydin Mohamed, not only remembers the company's humble beginnings but is also proud of it.

"It goes to show that you can succeed in this country if you work hard. Our business began in the pasar malam, my father was a trader and then in 1957, he opened a store in Kota Baru.

"In those days, if you have a store it means you are already a towkay. We were very fortunate but my father did not stop there… he worked hard. Today, there are 25 Mydin stores all over the country."

To illustrate his father's thrift, he tells a story about lime.

"This is not a 20-years-ago story… this happened just one or two years ago in Bangsar. We went to eat at a neighbourhood shop and my father ordered mamak mee and warm water. You know, how the mee comes with lime? Well, he asked for more lime and then squeezed the lime juice into the water.

"I asked him why. If he wanted lime juice, we could order it. But he replied that it was the same. He said why waste money even though it was just a little more than one ringgit. I suppose you can laugh and say he is stingy but there it is. He was always very careful about money and he taught us to be the same."

Values like these have taken the company so far from that small shop in Kota Baru. Today, Mydin operates the largest wholesale hypermarket in Malaysia and employs about 6,500 people.

Throughout the interview, Ameer told funny stories from his past, shared his experience running the business and his observations of Malaysia.

After all, the story of Mydin is very much like that of Malaysia.

"Yes, both Mydin and Malaysia are 50 years old. As the country grew, we also grew. We have not reached the peak, and neither has Malaysia. We are a big company now so we can afford to take some shocks. We are able to survive these setbacks. Same for Malaysia. We have to go through this, all a part of growing pains."

Q: In many ways, your company's progress mirrors Malaysia's pro-gress. Can you tell us some of the lessons you have learned along the way which helped you steer the company forward?

A: We believe that we know our customers and what they want. After all, we are Malaysians. I will give you an example. When we decided to open a hypermarket in Subang Jaya, I went to the bank to get a loan and the banker asked me: "Are you sure you want to open next to Giant? Are you sure you can compete? They have deep pockets."

He also suggested that it was risky for us to open in Subang Jaya. After all, we are better known for cheap products and our market has traditionally been in low-income areas like Jalan Masjid India or smaller towns.

I told him: "Malaysians love to go to pasar malam, right? Why? Because they can get things at a cheaper price. I live in Bangsar and that is quite an upper middle-class area. Have you been to the pasar malam there? People still want a good buy.

(Just one year on, the business in Subang Jaya is so good that a bigger parking space has been added for customers.)

Q: Are there any values you hold on to which you try to pass on to your employees?

A: Work hard. Opportunities are abundant in this country. You can get somewhere if you work hard. But if you don't, don't blame others when you do not succeed. You have to work hard to earn this! (He laughingly refers to his grey hair and the fact that people often think he is older than 52.)

Q: What is it about Malaysia that you cannot find anywhere else?

A: I always tell people I am very grateful to the government. I was a Mara scholar and without the scholarship, I would never have had the chance to study abroad. I am the only one in my family who was lucky enough to go to university.

Malaysians are very friendly. In this country, it is still possible to get access to politicians, to complain to them or send some business proposals. Mydins did not succeed because of political connections but there were many times I had to approach government officials on business, and I was impressed by how quickly they turned around to help.

Sometimes, it is easier to meet the top guys than the ones on the ground (he laughs). People may not know it but a lot of sincere effort is being made by the government. But of course, not everybody is happy. That is life.

Q: You have spoken often of that entrepreneurial spirit in all of us. Do you think many among the younger generation have lost that? What happened to our "can do" spirit?

A: I think it is because they have not suffered enough. They have things too easy now. They have not gone through the pain but, of course, we cannot turn back the clock. So what do we do?

In our family, we no longer allow the younger generation to just join the business after school or university. You have to work outside for about three years, learn about the real world. And only then can you come into the business. Or else, they just come in and become management straightaway. It's too easy.

Q: Who is your hero?

A: My father. Do you know, my father does not own anything? No car, house or any property. You see, he was always afraid to owe people money so he never bought anything.

He likes to tell people that he has four gems, referring to us, his four sons. But I always tell him that my three sisters are gems, too. He taught us that we can succeed by being honest and working hard.

I remember how he would take great pains to return or pay for any extra products the supplier accidentally delivered to us. He really lived by his principles.

Q: What is your wish for Malaysia as we head towards 2008?

A: Keep doing the right thing. You will get there. We are not doing too badly and we have to remember that our relationship with our country is like a marriage.

We have to work together for a better future. You don't just abandon each other when something goes wrong. If we accept each other — for better or worse — then we will be happy. You simply cannot give up.

Q: Would you please share with us a quintessential Malaysian experience?

A: Eating. Where else can you find people of different races enjoying each other's food? Just walk around Bangsar on a Sunday morning, you will see a Chinese eating thosai, a Malay or Indian eating dim sum.

I also think we have passed a certain level in our relationship with each other. Thirty years ago, my mother would not let my sister wear a baju kurung because it was not our culture. Today, you can see a Chinese wearing a Punjabi suit, an Indian wearing baju kurung and a Malay girl wear cheongsam. It's wonderful.

Arrested blogger lodges report

December 27th, 2007
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The blogger narates his ordeal in cucumatkilau.blogdrive.com as mentioned in this post.

Arrested blogger lodges report

source

By MANJIT KAUR and NIK NAIZI HUSIN

PETALING JAYA: Mohd Shukri Jamaluddin, the blogger who was arrested by police in Kuantan on Monday, has lodged a report for wrongful detention.  

He made the report at the Kuantan district police station in Jalan Mahkota here at 10.10pm yesterday. He was accompanied by a friend. 

The 36-year-old blogger, who is known online as Cucumatkilau, claimed in his blog that police broke down the front door to gain entry into his house before they took him away in handcuffs. 

The father of three claimed that the police failed to produce a warrant of arrest, and did not give any reason for his arrest.  

The former Umno member said police arrested him at 10am and released him two and a half hours later. Mohd Shukri said he was alone at home as his wife and children were in Johor.  

Mohd Shukri said five policemen ransacked his room and seized three cell phones, a laptop computer, his wallet and identity card.  

He said the police accused him of being a drug pusher. Mohd Shukri said he underwent a urine test at the police station and the result was negative. He added that the police returned all the items seized when they released him. 

tourism ministry to hire more indians

December 27th, 2007
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10% in two years time!

chinese – 9/1300 = 0.69%
indians – 19/1300 = 1.46%

Total = 2.15% are chinese and indian staff

Ministry to get more Chinese, Indian officers

source

THE Tourism Ministry plans to increase the number of its Chinese and Indian officers by 10% in two years’ time, reported Sin Chew Daily on Monday. 

Deputy Minister Datuk Donald Lim Siang Chai was quoted as saying that of the 1,300 officers working in the ministry and tourism departments, there were only nine Chinese and 19 Indians. 

He said the 10% increase would also help in penetrating the tourism market of China and India. 

He said having officers who could speak in native languages during their promotional activities overseas would definitely bring in more “sales” as there would be no language barrier. 

Lim said it was vital that civil servants be made up of various races holding high positions. 

Such a formation would become handy while dealing with any racial issue or achieving a higher level of economic development, he said. 

He added that certain government sectors had no Chinese officers and their information counters were often left unattended during festive seasons.

subashini to get court decision

December 26th, 2007
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Tha article has stated 3 possible outcome:

1. The court may decide against Subashini on technical grounds – over the date of Subashini's divorce petition which was within three months of her husband's conversion date.

According to the law, the petition should be filed three months after the conversion date. Subashini argued that she was not aware of the date of her husband’s conversion. If so, the case will be thrown out and lawyers can choose to file her divorce petition again.

2. The court may decide against Subashini on substantive grounds – that the Syariah Court has jurisdiction and orders her to take her case there. This effectively rules that civil courts have no say in conversion cases especially after syariah proceedings have commenced.

3. The court may decide for Subashini – she will get remedy in civil courts, her husband may not proceed further in syariah courts and he has to go back to civil courts because their marriage was originally solemnised under civil law.

The easy way out is to take option 1 and buy more time. The action that will please the non-muslims will be option 3, while the action that will please the muslims will be option 2. What is the govt going to do?

Will the rally help subashini?

Thursday date for Subashini decision
http://www.malaysiakini.com/news/76388
Soon Li Tsin | Dec 26, 07 10:56am

The fate of whether an Indian Hindu wife can seek justice in the civil courts – despite her Islam-convert husband initiating divorce proceeding in the syariah courts – will be known tomorrow.

The Federal Court – the country’s highest court – will announce their decision three months after lawyers from both sides of the controversial case made their final arguments.

The three-member panel comprising justices Nik Hashim Nik Ab Rahman, Abdul Aziz Mohamad and Azmel Ma'amor will decide whether the civil or syariah court is more authoritative on the issue of divorce when one spouse converts to Islam – an issue that has been a long-standing moot point in the trial.

Subashini, 28, is trying to stop her 31-year-old husband, T Saravanan – a Hindu who has converted to Islam and assumed the name Muhammad Shafi Saravanan Abdullah – from taking their divorce and custody proceedings to the Syariah Court.

Saravanan converted in May 2006 along with their eldest son, Dharvin Joshua, 4. The husband then launched proceedings in the Islamic syariah court for divorce as well as custody of their second son, Sharvin, 2.

During her appeal to the lower Court of Appeal on March 13, justices Suriyadi Halim Omar and Hassan Lah – who made the majority 2-1 decision – told her to take her case before the Syariah Court instead, while justice Gopal Sri Ram dissented.

According to the majority decision, the injunction sought by Subashini was unnecessary because the Syariah Court is competent enough decide on the matter.

However, on March 30, Subashini was granted an interim injunction by the Court of Appeal restraining Saravanan from pursuing his claims in the Islamic court.

The injunction also effectively restrained him from converting their youngest son to Islam and from pursuing his custody claims in the Syariah Court.

It was also held in the landmark ruling that a Muslim could apply to the Islamic court to convert his or her underage children without permission from the non-Muslim spouse.

Three possible outcomes

There are three likely possible outcomes from the Federal Court tomorrow:

1. The court may decide against Subashini on technical grounds – over the date of Subashini's divorce petition which was within three months of her husband's conversion date.

According to the law, the petition should be filed three months after the conversion date. Subashini argued that she was not aware of the date of her husband’s conversion. If so, the case will be thrown out and lawyers can choose to file her divorce petition again.

2. The court may decide against Subashini on substantive grounds – that the Syariah Court has jurisdiction and orders her to take her case there. This effectively rules that civil courts have no say in conversion cases especially after syariah proceedings have commenced.

3. The court may decide for Subashini – she will get remedy in civil courts, her husband may not proceed further in syariah courts and he has to go back to civil courts because their marriage was originally solemnised under civil law.

Aftershocks from Joy

This decision will be the second time the apex court is to decide on a matter involving the vexing issue of religious freedom.

Previously, the Federal Court held that the jurisdiction on issues concerning a Muslim who wants to convert to another religion lies with the Syariah Court.

In the landmark judgment by former chief justice Ahmad Fairuz Sheikh Abdul Halim, Lina Joy was held to remained a Muslim and her religious status cannot be removed from her identity card.

Born an ethnic Malay Muslim, and called Azlina Jailani, Joy was introduced to Christianity in 1990.

It has left her fighting authorities, first for her new name to be put on her identity card, then to have her former religion removed.

The controversial judgment has left the nation divided over one's freedom of religion as enshrined in Article 11 of the Federal Constitution.