Posts Tagged ‘intolerance’

Should Syariah and Civil laws merge?

November 20th, 2008
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There’s suggestion by retired Chief Justice:

On Nov 6, retired Chief Justice Tun Abdul Hamid Mohamad said he foresaw that the combination of the two courts would harmonise common law and Syariah law principles in dealing with issues of conflicting laws and jurisdiction during his lecture at the Harvard Law School in the United States.

This is comment from Syariah Court Judge and Syariah Judicial Department director-general Datuk Ibrahim Lembut:

Islam will defend everybody. The impression that merging the two court systems will override the rights of the non-Muslims is wrong, he said.

Syariah laws and Islam will think of every religion and race, he told reporters after attending the International Seminar on Comparative Law at Marriott Hotel here yesterday.

However, we still have a long way to go before we can merge the two court systems although we have held talks between civil and Syariah lawyers on the possibility of harmonising the laws, he said, adding that Attorney-General Tan Sri Abdul Gani Patail had also given his views on the matter during the meeting.

Ibrahim said some civil lawyers attending such talks had refused to even consider harmonising the laws between the two systems.

He was commenting on a statement by MCA legal bureau chairman Datuk Leong Tang Chong that any merger would subject non-Muslims to Syariah jurisdiction on all legal matters, including inter-faith cases relating to marriage and divorce.

What do you think?

I think rather than merging both sets of laws, there should be some sort of bridge to link them both. Why should one be tried under a religious law which one does not profess to be part of? I think this idea may be construed as part of a long term strategy to Islamise the country. nearly 50 percent of the country’s population are not Muslims. Thus it is not wise to impose a law that does not relate to them in any way.

It would be better to study the overlapping laws, holes, and gray areas between two laws and clear them up. No one likes to see spouses make use of laws to manipulate children, nor do public like to read that families fighting over properties of the deceased, or bodies being snatched by religious department officers.

For those cases involving marriages being dissolved due to one party converting, then the marriage dissolution should follow civil law. Clear the slate, each person go on his own way. This is only natural as the marriage was done under civil law. So, BEFORE the person want to convert, divorce first.

Same goes for conversion. Those who are married must start fresh by divorcing their spouses and declaring their assets which are divided accordingly. For those who are single, the next-of-kin must acknowledge that he/she has been informed of the impending conversion. NOTE that its not an approval, but an acknowledgment so that family members are aware BEFORE conversion, and not after. The next-of-kin then knows that the body of the convert will end up in Muslim graveyard. No confusion.

For me, the problem is clear. Issues only arise when a party converts. Solve the problem at the root. Setup up proper documentation and procedures.

Your religion onto you … my religion unto mine ….

Wearing anti-ISA T-shirt makes you a threat at open house!

November 4th, 2008
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Well, this is a new low for the police. I’m sure terrorists and mentally unsound potential assassins go around proclaiming their believes on their t-shirts.

To top it off, the police detained a staff of media company! Surely they never saw that coming :-)Read it below and enjoy your laugh!

His curiosity piqued, KS Oliver and two friends attended a national-level open house in Kuala Lumpur on Sunday.However, Oliver’s festive mood came to a rude halt when he ended up being detained by the police for three hours over his ‘dangerous’ t-shirt.

According to the 27-year-old Malaysiakini subscription executive, the police considered him a possible threat to the VVIPs present, which included Deputy Prime Minister Najib Abdul Razak.

oliver arrest detain shirt anti isa 041008Relating his ordeal, Oliver said he and his friends had visited the event after seeing a banner in KL Sentral regarding the bash, which was taking place at a nearby car park.

The three were passing through exhibition booths when the police confronted them and escorted Oliver – who was clad in a t-shirt which bore the words ‘No to ISA’ – to a beat base in the vicinity.

“I asked why I was detained and they asked why I wore this t-shirt. I asked what is wrong with this t-shirt and they said I could be a threat to the VVIPs present.”

“They gave me two options: Remove the t-shirt or remain at the police booth until the VVIPs leave. I refused to remove my shirt and chose to stay,” he said.

Repeatedly quizzed

During his detention, Oliver said he was repeatedly questioned by several police personnel about his background and purpose of attending the event.

“I had to repeat myself like a tape recorder. At one point, one police officer asked if I was paid to wear the t-shirt,” he said, adding that he wished the authorities would respect the freedom of expression.

However, Oliver said the police were professional and cordial throughout his detention.

Contacted later, Brickfields district police chief ACP Wan Abdul Bari Wan Ibrahim said Oliver was detained for documentation purposes and for the police to determine his reasons for being at the event.

“We needed to establish if he had any bad intentions,” he said.

On the duration of the detention, Wan Abdul Bari said the law allows detention up to 24 hours before needing to get an order from a magistrate.

The national-level Deepavali open house is an annual event organised by the Culture, Arts and Heritage Ministry.

So, be careful on your choice of t-shirt and the function you are attending, especially if you are an Indian! you could possibly be an armed, dangerous, rude, noisy, dumb, gullible, terrorist-linked, member/supporter of an illegal group. All the best.

religious structures in Selangor limited to 10000 square feet

October 25th, 2008
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I’m wondering if NST wrote this wrongly. It says that Dr Xavier said the state government had approved a policy whereby religious structures of any religion other than Islam must not exceed 10,000 sq ft in size .

This seems to be a ridiculous rule indeed. Why would there be a limit? Logically, the community that wants to build a place of worship will know its own financial strength and the viability of such places. Secondly, religious buildings/structures can double up as tourist attractions. So, limiting the size is inappropriate.

Secondly, those owners of illegally built places of worship will be fined continuously until government recognition is received. This is also illogical. If the owners are in the dark about existence of such places on their lands, or if such places are in process of getting recognition, the fines should be waived.

The Selangor government in July instructed all local authorities in the state to fine owners of houses of worship built illegally, said State Health, Plantation Workers, Poverty and Caring Government Committee chairman, Dr Xavier Jayakumar.
The fines needed to be settled continuously until the owners received government recognition for the houses of worship, he said when answering a question from Sulaiman Abdul Razak (BN-Permatang) in the State Assembly here today.

By the way, I’m still waiting for Jayakumar et. al.’s reply to my email on temple demolition report.

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Deepavali and School Exam clash

October 3rd, 2008
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The yearly problem of Deepavali falling during/before/after school exams won’t go away anytime in the future. Deepavali always falls in the month of “Aipasi” (roughly between October 15 and November 15 each year). This is the time when schools conduct their exams, since year end school holidays will start somewhere in the 3rd or 4th week of November.

As such, we also hear grumblings and complaints from parents, teachers, and students every year when Deepavali comes near. Have there been any effort by anyone (like MIC or MHS) to check the schools examination window period at the beginning of the year and advise the ministry accordingly? Or is it always a knee-jerk affair?

This year’s political landscape upheaval means the political parties need to milk as much as publicity in order to stay relevant and fresh in the mind of the community. Actually, I feel that the year 2008 is when the community is starting to take the parties for a ride. I guess MIC have learnt (or still learning?) the lesson, but perhaps the Pakatan Rakyat trinity will need a jolt next year to remind them who’s the boss.

That’s why this year’s Deepavali – school exam clash was mentioned by no less than Samy Vellu. He said that MIC will request the Education Ministry to move the final exams by a week, so that it start a week after Deepavali. Initially, the exams are to start on October 28, a day after Deepavali.

The MIC will request the Education Ministry to move the final year school examinations scheduled to start on Oct 28 to at least a week later, said party president, Datuk Seri S. Samy Vellu. This was because it would affect students who would be celebrating Deepavali on Oct 27, he said.

“Conducting the examinations a day after the festival would cause hardship not only to the students but to their parents as well,” he added.

“I hope the Education Ministry will consider our request because the students may not be able to celebrate Deepavali as they will be under stress,” he said in a statement here today.

Samy Vellu said he would write to Education Minister Datuk Seri Hishammuddin Tun Hussein to consider the party’s request. He said many parents and students complained to him that the examination dates were too close to Deepavali.

It was reported that many schools, especially in the Klang Valley would hold final examinations a day after Deepavali. Samy Vellu said it was important for all to be aware of the sensitivities involved when making decisions.

Following the request by MIC, the Education Department replied that schools have been “advised” (Not “ordered”) to ensure that the year-end exams do not clash with Deepavali. Education director-general Datuk Alimuddin Mohd Dom said school authorities should take into consideration the feelings of Hindus before setting the exam dates.

“School heads should look into ways to avoid a clash of the exams and the (Deepavali) celebration. The best is to start the exams a week after Deepavali. “It is the schools’ internal matter and not a big issue. The respective school heads can move the year-end exams to at least a week after Deepavali.”

Obviously, it doesn’t clash, but just comes a day after the festival. So, if just shift by a day, it will still difficult for folks to balik kampung. I guess a week later will be good (more time to revise too!).

Now, few issues may arise from the state by Alimuddin. We may (MAY) hear complaints from teachers that later exam dates means the marking of exam papers will drag a week and this will clash with their personal plans or other school activities or even SPM exam invigilating Secondly, we will have some schools who choose to ignore the “advise”, especially those with small number of Indian students. Of course chinese schools and religious schools would not be affected by this advise, but what about the others.

Secondly this problem may also affect our local universities and other higher education institutions. So, who monitors that? Does this years, semester exams clash with Deepavali period?

Now, not many reported that another politician also made a similar call. I heard it on the radio when it was announced that Deputy Minister Murugiah also approached the Education Ministry on the clash of dates. He, on virtue of overseeing Public Complaints Bureau can easily act on the complaint made by a parent.

Alimuddin also said he had a call yesterday from Deputy Minister in the Prime Minister’s Department Senator T. Murugiah on the same matter.

So, we now have two politicians fighting over our makkal’s hearts (and votes).

There’s two things to be learnt in this issue.

1. The lack of sensitivity of the school heads in arranging exams to start on a day after Deepavali. The muruku may not have been even digested and Ah Chong had to sit for exam. Give the guy a break man! Where’s your sense of semangat muhibah? Its OK if you don’t care about the Indians, but think about all those food being wasted because the rest of the non-Indians students have to cram over books instead of munching muruku and drenching their thosai with spicy chicken curry (damn! I’m getting into Deepavali mood now!). When else can you get the home cooked Indian food? Definitely not during Hari Raya or Chinese New Year. Its once a year opportunity, so don’t miss it.

2. The possibility that in the future, Deepavali may not even be a public holiday for us. Bearing in mind the population imbalance, this is a very real possibility in perhaps 30 years time. Its possible that some Malay, Islamic, Indonesian, Pakistani, Bangladeshi or Fillipino festival will substitute Deepavali.

Xavier and Zuraida on Ampang temple demolition

September 26th, 2008
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Malaysiakini reports more details from the PR-led state government and a PR MP emerges. Earlier Ronnie Liu gave his points, and now we have Xavier (state EXCO) and Zuraida (MP for Ampang).

According to Xavier, the MPAJ ordered the demolition without the knowledge or directive of the state government. Secondly, the temple is not registered with the state council. He also tries to argue that it is not a temple but a shrine!!!! The size is immaterial. The issue is giving due respect. Don’t tell me can demolish a surau but not a mosque.

“We have a format prepared for temples in Selangor to register with the state but this temple was not on the list of registered temples. And it is not a temple, it is a shrine which it is located on a forest reserve,” he said.

Xavier also denied the accusation by MIC on PR breaking its promise. Instead he said MIC was trying to politicise the issue. (Well, what you expect a political party to do? Crazy fellow!). He says the focus is now to find a way to restore the temple. (OBVIOUSLY!).

“Pointing fingers at another is not going to solve the problem,” he said. “It was actually demolished in 2002 but the temple committee had it rebuilt when the opposition came into power March this year. But they failed to register it.”

So, giving failure to register as an excuse?

Ampang MP, Zuraida Kamaruddin adds more confusion by saying that its was probably a result of misunderstanding between the municipal authorities and the temple committee. How many times have we heard this kind of reasons? Why not just get rid of people who always misunderstand?

The incident happened following a misunderstanding between MPAJ and the temple management on renovation works and documentations relating to management procedures,” said Zuraida in a statement today.

According to Zuraida, some MPAJ councillors had already met with the council’s vice-chief to resolve the matter. Some documents have already been prepared and were under consideration, she added.

She also pointed out that (temple chairman) Murugiah had previously complained the temple’s problems had not been resolved by the previous Barisan Nasional state government even after 19 years.

Finally, Zuraida blasted the MIC for trying to take advantage of the current situation, accusing it of trying to create backlash for the Pakatan Rakyat government.“The component BN party is taking this opportunity to try and restore its organisation and their reports were made to attract attention,” she said.

But Malaysiakini noted that the MP never did explain how and why the temple was demolished. So, she beat around the bush, but could not answer the question.

Meanwhile, the temple’s chairman S Murugiah has demanded to know who was responsible for tearing down the temple. The 37-year old told Malaysiakini that he suspected someone had reported on the shrine and this had led to its demolition.

I also don’t understand the chairman’s comments. If its just documentation or registration problem, surely the MPAJ would have sent letter or warning first. Not straightaway demolish.

So, this is a peculiar case. Who authorised the demolition. Let’s wait for MPAJ boss to answer.