Samy: MIC grooming 3G leaders
http://www.thestar.com.my/news/story.asp?file=/2007/5/7/nation/17651534&sec=nation
SHAH ALAM: MIC is grooming its third generation of leaders to take over but still needs the seniors for guidance and advice to help the Indian community.
“The younger leaders still need the services of the seniors. How else can they carry out their political activities?” said MIC president Datuk Seri S. Samy Vellu at the joint opening of the MIC Wanita, Youth and Puteri general assemblies here yesterday.
“At the moment we have several youngsters but only the president is an old man who cannot walk,” he quipped.
He said the party would groom a new generation of young leaders dubbed “Gen 3” or the Third Generation, who would be trained on MIC’s objectives, mission and vision.
Samy Vellu, who is the Works Minister, urged MIC Wanita and Youth leaders to go to the ground for the next three months and prepare reports on pressing problems and needs.
“I need 100,000 MIC youths to help in the Barisan Nasional campaign for the next general election.” he said.
Samy Vellu also urged MIC Wanita to compile data on single mothers and the problems they faced with a view to helping them.
“There are more than 10,000 single mothers in the country compared to between 2,000 to 3,000 previously,” he said.
One of the issues raised later at the MIC Wanita assembly concerned the difficulty poor Indian families faced when trying to get welfare aid.
Tanjung Karang division leader M. Rajathy said welfare officers rejected applications for aid just because a family owned a television set.
Posts Tagged ‘ISA’
MIC grooming 3G leaders
May 7th, 2007
NEWS:Sabah state has no objection to Mazu project
May 4th, 2007Malaysia, Truly Asia?
Sabah state has no objection to Mazu project
http://www.thestar.com.my/news/story.asp?file=/2007/5/4/nation/17626220&sec=nation
KOTA KINABALU: The state government has no objection over the proposal to build a 10-storey-high statue of Mazu, or Goddess of the Sea – a privately-funded multi-million ringgit project mooted by former deputy chief minister Tan Sri Chong Kah Kiat.
However, Chief Minister Datuk Musa Aman advised that there were “better and more appropriate sites for the statue to be built” other than the proposed venue on the shores of Kudat in northern Sabah.
Local authorities had issued a stop-work order on the 39m statue which, when completed, would be the tallest in the world and another major tourist attraction for Malaysia.
The order has prompted several Chinese groups here to call for work on the project to resume. The groups also appealed to the Prime Minister as well as federal Tourism Minister Tengku Datuk Adnan Tengku Mansor to get the project going again.
In a written statement yesterday, Musa said he had never objected to the construction of the statue. “The application made by the Kudat Thean Hon Charitable Foundation came to my attention due to several objections raised by various organisations to the proposed location of the statue,” he said.
Musa said any decision on the project should be made in the best interest of all communities and maintain the existing harmony.
Datuk Sari Nuar Tan, who is president of the Sabah United Chinese Chamber of Commerce which is among those supporting the statue project, said: “I’m sure Musa never objected to the statue although rumours are circulating that he was against it and Chong resigned because of that.”
Chong, who was also state Tourism, Culture and Environment Minister, abruptly resigned from Musa’s Cabinet on April 13, citing “principles” and has declined to be drawn into further speculation.
The Sabah Taoist Association also hailed the revival of the shelved project. Its president Wong Kok Leong said his group wanted to meet Tengku Adnan in the larger interests of a multi-racial nation and to promote tourism.
Tour agency Popular Express managing director Dewi Chen said tour operators viewed the statue as a new tourism product in Sabah, in addition to the Tip of Borneo landmark in Kudat.
“It’s nothing Taoist, nothing political but purely a tourist attraction. Like the Petronas Twin Towers, it is straightforward and down-to-earth,” Chen said.
Hindu man gets custody of children by Muslim wife
May 4th, 2007the 3 articles are from The Sun (1) and NST(2). Sadly, the Star did not have the its version published online.
“Karpal later told reporters Raimah Bibi had filed an affidavit stating she had left her husband’s home willingly and on her own accord”.
“I am not unlawfully detained by anyone. I agree to hand over custody of our children into my husband’s care and I will have unrestricted access to them at all times,” she said.
Both Marimuthu and Raimah Bibi were seen shedding tears after the verdict and spoke to each other briefly.”
– What did you understand after watching the clip from AlJazeera program EveryWoman?
Couple agrees to live apart, custody of children given to Hindu hubby
http://www.sun2surf.com/article.cfm?id=17808
SHAH ALAM (May 3, 2007): A 40-year-old woman today agreed to live apart from her non-Muslim husband and gave him custody of their seven children after choosing to continue practising Islam. She is, however, given unlimited access to her children aged four to 14, the product of their 20-year marriage which was not formally registered.
It was a touching scene at the High Court here when Raimah Bibi Noordin, 40, told Justice Datuk Su Geok Yiam she had agreed to hand over her children to 44-year-old P. Marimuthu whom she had married according to Hindu rites.
Raimah will now live apart from Marimuthu, who will bring up the children, comprising four boys and three girls, according to Hindu tradition.
She will have to fend for herself, with some aid from the Selangor Islamic Religious Department (JAIS).
Marimuthu had filed a habeas corpus application against JAIS, alleging that his wife and six of their children were being unlawfully detained by JAIS which took them from their home in Kampung Baru Tambahan, Ulu Yam Lama, in Batang Kali, on April 2.
With today’s agreement, the application was withdrawn.
Karpal Singh, who represented Marimuthu, told Su both parties had reached an agreement on the matter.
“The children will be surrendered to Marimuthu and they will continue to be raised as Hindus while Raimah Bibi remains steadfast as a Muslim. She will have absolute access to the children at any time,” said Karpal.
Karpal later told reporters Raimah Bibi had filed an affidavit stating she had left her husband’s home willingly and on her own accord.
State legal adviser Datuk Zauyah Loth Khan, who represented JAIS, told Su the habeas corpus application was withdrawn after Marimuthu agreed his wife was not being unlawfully detained by JAIS.
“The arrangements are as stated by Karpal … access to the children without any restrictions. Raimah Bibi is a Muslim and will continue to practise Islam.”
Karpal then requested the court to hear it personally from Raimah Bibi and to obtain her confirmation on the arrangement.
Clutching her headscarf and wiping away tears, Raimah Bibi nodded and answered the judge’s questions.
“I am not unlawfully detained by anyone. I agree to hand over custody of our children into my husband’s care and I will have unrestricted access to them at all times,” she said.
Both Marimuthu and Raimah Bibi were seen shedding tears after the verdict and spoke to each other briefly.
Outside the courtroom, Karpal said the outcome of the case was akin to that judged by King Solomon, whereby a mother who was involved in dispute with another woman over her baby, decided to let the other woman take her child when the king ordered that the child be split in half and shared.
Asked about the status of Raimah Bibi’s marriage, Karpal said it remained but the couple would be living apart.
The six children are now staying with Raimah Bibi in a rented home in Bandar Utama Batang Kali, about 2km from Marimuthu’s house.
Zauyah, when asked if Raimah Bibi would seek to anull her marriage to Marimuthu, said they had not decided.
DAP’s Lim Kit Siang, who was also present, said the outcome of the case has resulted in an open-ended solution which divided the couple.
Karpal later said an arrangement was being made to take custody of the children from Raimah Bibi today.
Hindu man gets custody of children by Muslim ‘wife’ By : V.Anbalagan
http://www.nst.com.my/Current_News/NST/Friday/Frontpage/20070504074728/Article/index_html
SHAH ALAM: In an about turn, tapper P. Marimuthu will be reunited with his six children today, a month after they were allegedly taken away by the Selangor Religious Department (Jais) officials.
This came about after Marimuthu and his companion, Raimah Bibi Noordin, reached a settlement at the High Court yesterday.
The tapper will now raise his children in the Hindu faith, while Raimah, in return, was given visiting rights.
It has now emerged that although Marimuthu and Raimah spent 21 years together and had seven children, they were not legally married.
In court yesterday, Raimah, 39, said she was a born Muslim and would remain one. Clad in baju kurung and wearing a head scarf, she broke down when judge Datuk Su Geok Yiam asked her whether she was prepared to give up custody of the children.
“Yes, let him raise them,” she said, through an interpreter.
Marimuthu, who was also in court, was in tears.
After the proceedings, the couple spoke to each other while holding hands before Raimah left with Jais officials.
Earlier, Karpal Singh, who appeared for Marimuthu, told the court that the parties had worked the “Solomon’s justice” arrangement, referring to the biblical story of King Solomon settling a dispute between two women over a baby.
Karpal then said Marimu- thu would withdraw his habeas corpus application, bringing to an end the dispute of the religious status of the children.
Selangor state legal adviser Datuk Zauyah B. Loth Khan, who appeared for the department, said they would not object to the agreement.
She, however, pointed out that Raimah and the children were not illegally detained.
On April 19, Marimuthu, filed a habeas corpus application, claiming that his family members were Hindus and that the department had no authority to detain them.
He alleged that Raimah and the children Yoogenaswary, 12, Paramila, 11, Hariharan, 8, Ravindran, 6, Shamala, 5 and Kaberan, 4 were being held unlawfully by the department.
The couple have seven children.
The oldest, a 14-year-old boy was not at their Kampung Baru Tambahan home in Ulu Yam when Jais officials came to take the family away.
Raimah and six of her children were housed in Kampung Melayu Liga Emas in Batang Kali, Selangor.
It was then that Marimuthu sought legal redress, claiming that his “wife” and children were Hindus and that they were being detained by Jais who wanted to convert them.
Raimah, however, in an affidavit filed yesterday, said she and the children left their house on April 2 on their own free will, as Marimuthu had forced her and the children to practise the Hindu faith.
She said in March this year, she went to the Lembaga Zakat Selangor branch office in Kuala Kubu Baru with a relative to inform them of her predicament.
Raimah said she left the house with the children as officers from the department were acting on her complaint.
Zauyah later said the authorities would assist Raimah to find a job.
Marimuthu said he would rely on his older children to take care of their younger siblings while he was away at work.
“We will not shift house. This will make it easier for Raimah to visit our children.”
Relief for most quarters
http://www.nst.com.my/Current_News/NST/Friday/Frontpage/20070504074728/Article/index_html
KUALA LUMPUR: There was a general sense of relief when P. Marimuthu’s children were finally returned to him, although experts lamented the lack of legal clarity over unions of mixed faiths.
Suhakam commissioner Datuk N. Siva Subramaniam said common sense had prevailed as far as the issue was concerned.
“The matter has been settled amicably between the two parties concerned. As long as we are transparent, fair and not overzealous in our decisions, we can live as united Malaysians.”
Bar Council chairman Ambiga Sreenevasan said she was pleased that both parties involved had come to an agreement in the interest of their children.
“Of course, the consent alone doesn’t resolve the legal matter. The law remains uncertain in relation to such matters,” Ambiga said. Universiti Teknologi Mara’s Professor Dr Shad Saleem Faruqi said there were no firm rules in cases like Marimuthu’s.
He said the law was inadequate to deal with a situation where one party is a Muslim and the other a non-Muslim.
“Raimah Bibi Noordin’s situation is very sad because she married for love but due to her religious status, she cannot register her marriage.
“If she wants to reunite with her husband, he must convert or she must formally renounce Islam. Whether or not she wants to now is a different issue.”
Women’s Aid Organisation executive director Ivy Josiah said she hoped the settlement had not been brought about under duress.
“I believe that at a human level, a woman should have the right to be with her husband of choice and a mother to her children at all times.”
Respecting the Constitution
May 3rd, 2007Respecting the Constitution
http://thestar.com.my/news/story.asp?file=/2007/5/3/focus/17612391&sec=focus
Reflecting on the Law: By SHAD SALEEM FARUQI .
Freedom of religion is not absolute, but subject to general laws relating to public order, public health or morality. Part 2 of a two-part article.
THE right to convert out of one’s faith and to adopt another is an implicit part of freedom of conscience in all developed constitutional states.
But in the special context of Malaysia, where there is a unique, fascinating link between Islam and Malay identity, apostasy arouses deep emotions. Any attempt by a Muslim to renounce his faith is seen as a threat to the whole community.
How many murtad (apostates) there are in the country is not known. Some religious leaders have made wild allegations of hundreds of thousands.
But data gathered by UiTM scholar Dr Azam Adil gives some indication. He found that from1994 to 2003, Syariah Courts in Negri Sembilan granted renunciation certificates to 16 applicants, most of whom were former converts to Islam.
Till the 1980s Muslim Law Enactments in several states recognised apostasy by imposing a simple registration requirement on all who enter the faith and all who exit from it. But in the 80s with Islamisation catching on, the unilateral right to register a renunciation was repealed.
In some states, legislation was enacted to require anyone seeking to convert out of Islam to be subjected to compulsory counselling and rehabilitation procedures for prescribed durations.
In other states, a Muslim’s membership of the ummah was regarded as irrevocable. Any attempt at apostasy was an insult to Islam and punished criminally.
The second approach does not harmonise with other rules of the legal system..
First, in all states, the syariah authorities possess a power to excommunicate Muslims from the fold. From time to time, state religious authorities have brought down the axe on the Qadiyani, the Ismaili, the Ahmadiya and the Ithna Ashari.
Obviously, one’s status as a Muslim is not eternal. It can be lost or forfeited.
Second, the criminalisation approach violates the freedom of conscience clause in the Constitution. The civil courts are near unanimous that under our basic charter, a Muslim does have a right to convert. But he cannot do it unilaterally. He must first obtain a Syariah Court certificate of renunciation.
The problem is that most syariah courts fail to act on such applications and would-be converts spend years in legal limbo.
A wide gap has developed between constitutional theory and the realities on the ground. Nevertheless, one must not lose sight of constitutional fundamentals.
When our document of destiny was being drafted, no consideration was given to the idea of a theocracy (supremacy of God’s law). Instead, a supreme Constitution was adopted by Article 4(1).
Islam is the religion of the Federation, but other religions may be practised in peace and harmony (Article 3(1)).
The implication of Article 3 is that unlike in secular states, Federal and State governments in Malaysia may promote Islamic education, set up Islamic institutions and incorporate Islamic policies in the administration.
However, though Islam is the religion of the Federation, Malaysia is not an Islamic state. The syariah is not the basic law of the land. The Constitution is supreme. The syariah applies only to Muslims and that, too, in areas demarcated by the Constitution in Schedule 9, List II, Item 1.
Further, Article 3 (on Islam) does not extinguish any thing else in the Constitution. Article 3(4) provides that “Nothing in this Article derogates from any other provision of this Constitution”. This means that Article 3 cannot be employed to challenge the validity of a drug trafficking law on the ground that some of its provisions were un-Islamic (Che Omar Che Soh (1988)).
Nor can Article 3 be relied on to trump any other constitutional provision – whether on fundamental rights or the system of parliamentary government or Malay privileges or the position of the Sultans or the special rights of the people of Sabah and Sarawak.
The Constitution is its own justification for being and does not need validation from any other source.
According to Article 11(1) “Every person has the right to profess and practise his religion and, subject to clause (4), to propagate it.” The guarantee of Article 11(1) applies to all persons including Muslims.
In Minister vs Jamaluddin Othman (1989), a preventive detention order on the ground that a convert out of Islam was involved in propagating Christianity among Muslims was held to be illegal.
Freedom of religion is, of course, not absolute. All religious freedom is subject to general laws relating to “public order, public health or morality” (Article 11(5)).
Who may enact these laws? Laws on public order and public health must be enacted by the Federal Parliament because these topics are in the Federal List. But laws on morality may be enacted by State Assemblies as well.
What about State laws criminalising apostasy? They are not protected by Article 11(5) because apostasy per se is not condemned anywhere in the Constitution.
Perhaps Schedule 9 List II Item 1 could envelope these aqida (articles of faith) laws? This Schedule permits State Assemblies to create and punish “offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List ?”
In relation to State powers under Schedule 9 the following factors must be taken note of:
·The Legislative Lists in Schedule 9 are subject to the chapter on fundamental rights and cannot violate Article 11;
·State powers to legislate on Islam are limited and derived and cannot violate the supreme Constitution. One must remember that Article 3(4) clearly indicates that the provision on Islam does not derogate from any other provision of the Constitution;
·The criminal law power of the states applies against persons professing the religion of Islam. If a person of sane mind and legal capacity formally declares that he no longer professes a faith, it is constitutionally difficult to subject him to the religion he has renounced. All that can be required is a formal procedural requirement of renunciation; and
·The power of the states to enact criminal laws cannot apply to matters included in the Federal List. Public order is in the Federal List and acts of belligerency by murtad must be punished under the Federal Penal Code and not under State aqida laws.
In sum, it can be stated that, looking at the Constitution as a whole, it is clear that Article 3(1) on Islam does not displace constitutional supremacy. Article 3(4) itself declares that nothing in this Article derogates from anything in this Constitution.
The power of the States to legislate on Islam in Schedule 9 cannot be exercised in disregard of fundamental rights or in transgression of Federal legislative power on public order.
It is a flagrant violation of the Constitution as drafted in 1957 to imprison someone for his religious belief. Any argument to the contrary is a radical, revisionist and medieval re-interpretation of our cherished basic charter.
Anyone who stands in the shade of the Constitution has to concede that under the present constitutional order apostasy per se cannot be criminalised. But prosecution of belligerent apostates who disturb the peace or cause offence under section 298 of the Penal Code is perfectly constitutional.
In the special circumstances of Malaysia, apostasy has significant legal, political, social and economic consequences. A Muslim apostate will lose his Malay status. His marriage will be dissolved. Painful questions of custody and guardianship and of Malay privileges will arise.
It is reasonable, therefore, that a unilateral act of renunciation is not enough. A formal application for change of status must be made followed by a mandatory procedure for investigation, counselling and consultation (but not adjudication).
There should be no detention for purpose of counselling. This is similar to the procedure for seeking dissolution of marriage.
But the syariah authorities must be required to complete the investigation and counselling within statutory time frames so that the applicant can get on with his life and not remain suspended in a legal limbo. If the intending apostate cannot be won over through love, then the apostate should be ex-communicated and this should be recorded and registered.
In matters of religion, the naked, criminal power of the state should not be employed. This is also the exquisite message of the Quran.
Dr Shad Faruqi is Professor of Law at UiTM.
Good showing raises Tamil school enrollment
May 3rd, 2007April 29, 2007
Good showing raises Tamil school stock By : CHOK SUAT LING
The good facilities at SJK(T) Jalan Bangsar help attract students.
More Indian students from educated and middle-income families are making Tamil schools their choice, educationists tell CHOK SUAT LING
The good facilities at SJK(T) Jalan Bangsar help attract students.
HE owns a successful business, and drives a sleek, eye-catching, black Volvo. R. Ravindran could certainly afford to enrol his two children in a private school.
But he sent them instead to a Tamil school in Kajang.
Asked why he chose vernacular education, Ravindran shrugs: “Many Indian parents now are doing the same. Most of my children’s classmates are from urban, educated, middle-income backgrounds. “Indian parents want their children to learn their mother tongue and be educated in schools that are sensitive to their needs.”
Ravindran enrolled his older son in a national school for two years but transferred him out when he was 10 years old.
“The boy was uncomfortable with a few things, like the doa during the morning assembly.”
Historically linked to the Indian labour sector, the 523 Tamil schools in Malaysia today are widely perceived to have low student enrolment, and to be populated by those from lower-income backgrounds.
That observation is apparently no longer accurate.
Sekolah Jenis Kebangsaan Tamil Jalan Bangsar headmaster A. Janarthana notes that there has been a gradual increase in the number of students from “more affluent” backgrounds in his school over the past 10 years.
“These are the students from families with a monthly income of more than RM3,000. Their parents are educated and professionals like lawyers and doctors, or from the business world. There has been a 10 per cent increase of such students from last year, but it is still not as much as we want.”
Tamil schools appear to be gaining popularity. There are now schools in urban areas with between 1,000 and 2,000 students, an unheard of phenomenon in past decades.
The Tamil Foundation Malaysia (TFM), a non-profit organisation set up in 1990 to help Indian students through education, has the statistics.
TFM executive director Jiwi Kathaiah says in 2005, Tamil school enrolment numbered 98,579, but this year, there are already more than 100,000 students.
There are several factors driving Indian parents towards Tamil schools. Among them are academic excellence, cultural familiarity and belonging, and exposure to their mother tongue.
Kathaiah, who is also Tamil school educated, notes that despite the odds, the academic performance of students in Tamil schools has improved.
“Numerous studies and research favour mother tongue education,” says Kathaiah.
“According to Unesco (United Nations Educational, Scientific and Cultural Organisation), students taught to read in their mother tongue acquire academic learning skills more quickly.”
According to Education Ministry statistics, the percentage of passes for all subjects in the Primary School Assessment Test, or UPSR, among Tamil school students, has improved over the years.
For Mathematics, only 67 per cent passed in 1998, but that went up to 84.4 per cent in 2004. The most impressive gain was in Bahasa Malaysia (writing), from 32 per cent in 1998 to 56.3 per cent in 2004.
The number of high achievers has also gone up significantly. In 1999, 45 students scored the maximum 7As. Last year, 570 achieved that feat.
Kathaiah says this proves that the Tamil school system is no longer the “weakest link in the academic system”, as it was once described.
There are difficulties adjusting to the national school system at the secondary level but Tamil schools have taken steps to cushion the initial language and culture shock experienced by students.
Many schools organise motivational sessions for Year Six pupils who have completed their UPSR.
Another reason why more Indian parents are turning to Tamil schools is the perceived Islamisation of national schools.
Janarthana observes that Indian students can identify better with the values imparted in Tamil schools, as they are the same as those at home:
“When they are comfortable with their environment, they feel liberated and can study better.”
Yayasan Strategik Sosial executive director Datuk Dr Denison Jayasooria notes a sociological trend among fourth or fifth generation migrant communities to return to their roots
“It is a global phenomenon with no adverse effects,” Jayasooria says.
The fact that Science and Mathematics is now taught in English is another pull factor.
“Indian parents feel their children can get the best of everything in Tamil schools — they have Tamil language as a subject, besides Bahasa Melayu and English, and both Science and Mathematics is in English.
“And on top of it, they are in an environment which adheres to their culture, ethos, history and identity,” he adds.
The Education Ministry is aware of the increase in enrolment in Tamil schools.
“We have statistics of the rise in student numbers. But it is not viewed as a threat to national schools. It will not in any way affect our drive to make national schools the school of choice,” says an official.
He points out that the ministry has taken many steps to make national schools more attractive, including offering Tamil and Chinese language on a wider scale in national schools soon.
TFM president Manoharan Marimuthu agrees Tamil schools are neither a threat to national schools nor work against national integration.
“The two education streams actually complement the other. As for racial polarisation, the gulf among the races now is not a product of the vernacular school system. There are other factors at play.
“In fact, the existence of a parallel system which supports another language and culture is testament of our country’s unique diversity,” says Manoharan.
The government should, therefore, recognise the progress made in the Tamil school system and respect and support it, he argues, and Tamil schools should not continue to be treated like “stepchildren”.
“While the support of parents has helped uplift some schools, many remain in a sad state of neglect.”
Jayasooria agrees it is important to recognise the strength of Tamil schools, and fill in the gaps where there are weaknesses to ensure a level playing field.
He, too, insists there is no conclusive evidence to show that vernacular schools contribute towards problematic ethnic relations.
In fact, he says: “Immediate steps should be taken to convert all partially-assisted Tamil schools into fully government-aided ones.”
Another strategy to improve the condition of Tamil schools is to encourage parents from middle and upper socio-economic levels to send their children to Tamil schools in force, then demand and ensure that proper facilities are provided.
Human Rights Commission of Malaysia (Suhakam) commissioner Datuk N. Siva Subramaniam points out that one Tamil school, SJK (Tamil) Simpang Lima, Klang, has been named a cluster school: “Parents should send their children there and to other Tamil schools.”
Jayasooria is confident this will happen.
“The people’s consciousness of their identity has increased. And this should be recognised as a positive development, not a problem.”
Ratha Mathivanan