Posts Tagged ‘Syariah Law’

born as hindu die as hindu

April 22nd, 2009
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Brave words from 11 year old Karan Dinesh, but I’m not sure if he understands what he means. For all intents and purposes, the workers in religious department have considered the kids as muslim due to the unilateral decision of the cowardly father (i really wonder how the people can even accept people like this into their religion, really downgrades the religion). So, would the boy take his on life to maintain his stand to die as hindu? even that is not possible now because the moment he dies, the jabatan agama fellows will be lining up to grab his body, armed with court order and police escort. As i mentioned earlier, the family better make plans to escape to other country. Get the political parties or Hindu Sangam to fund the cost. Or even start a “save Indira’s family” campaign to collect money and ship them off to overseas. Because, according to the committee set up to solve this problem, it will “take some time”. By then, the kids will be forced to study the religion and brainwashed.

The mother is living in fear because the kids may be snatched any time. The religious department delivered the notice to the school (is that legal?) hoping that the kids will be detained when they go to school. However, the mother had kept them away from school after this fiasco.

All she wants is for her children to be able to go to school and for the family to lead a normal life again. “My children can’t go to school now. I fear the school will turn them over to the Syariah Court so I am keeping them at home,” said M. Indira Ghandi, 35, today at a press conference.

… Muhammad Rizal since then has been trying to take custody of two of the children – Karan Dinish, 11 and Tevi Darsiny, 12 – from their mother.

He had already taken custody of the baby, Prasana Diksa through what Indira claimed the use of force.

She had lodged six police reports to date.

The government is attending to Indira’s situation and has formed a three-man committee comprising three Ministers to find an amicable solution.

The three are Ministers in the Prime Minister’s department Tan Sri Koh Tsu Koon (Unity), Maj-Gen (R) Datuk Jamil Khir Baharom (Islamic Affairs) and Human Resources Minister Datuk Dr S.Subramaniam.

The committee met Monday but offered little hope of an immediate relief to Indira.

Indira’s plea to the authorities was simple.

“I am worried for my children’s studies. My daughter is sitting for the UPSR exam. How is she to prepare for the exam. Their lives have been disrupted as a result of this. They can’t go anywhere as I fear they will be taken from me,” Indira said as her children sat beside her.

Indira said since the Syariah court failed to serve her with the notice to hand over the children to the father, it had served the notice to the school.

The school has been put in a spot and appeared inclined to hand over the children to the court and their father.

Indira said her marriage had run into problems earlier this year. They tried to reconcile but failed.

“Things came to a head on April 1 when he grabbed our infant child from our home. He took their birth certificates and some of my certificates as well.”

Indira said she learnt only of his conversion when she went to report the infant being forcibly taken away from her.

“At the police station, they informed us about the conversion,” she said.

Over the next 48 hours, Muhammad Rizal moved to convert the three children using their birth certificates and got the Syariah court to issue and order giving him custody of the children.

Indira said the infant is currently being cared for by her mother-in-law.

In an immediate comment, DAP parliamentary leader Lim Kit Siang said it it would be a while before the three-member committee find a solution to the problem.

“This is most unsatisfactory. The issue is clear for everyone to see. The children have been converted without their mother’s consent,” he said.

Lim felt Indira’s case should be a role model for the government’s “One Malaysia: People First, Peformance Now” slogan.

“Instead we are being given excuses. The government should put a stop to this type of cases by simply making the law clear,” he said.

DAP obviously see this as an opportunity to get some brownie points championing the rights of the people, but can’t blame them for the weakness/foolishness of the ruling coalition. Wonder what PAS says on this. Or UMNO, for the matter.

How about MIC? One representative is in the committee, so we hope to hear some positive words. MIC have chance to redeem itself a little bit, so it must make use of it.

Note that the boy got Malay and Islam mixed up. One wonders how that mistake happened. Bad coaching or his own understanding is like that?

Who to blame? I blame it squarely on the leaders (since the independence) of the country. Its their collective failure that lead to this kind of crime happening. They don’t have the guts to fix the loopholes in the law. All the members of parliament (living or dead) especially those who formed the two thirds majority are answerable for the crime committed by the father. The people in the attorney general’s office are also equally guilty of abetting this crime. Its time for Mahathir, Abdullah Badawi, Ling Liong Sik, Ong Ka Ting, Anwar Ibrahim, Samy Vellu, Subra, and whole lot of others to be rebuked and punished for failing the people of the country. Remember that being in the government means collective responsibility – you cannot plead ignorance or just make noise once you’re not in the cabinet/govt/party. I can’t remember anyone resigning over their stand on unethical conversion. So, the whole lot is guilty.

Of course the father is also guilty, but he merely acted cunningly by making use of the loopholes in the law. He just follow precedent set by others before him.

We still remember the ruling for Subashini’s case – the child can stay with the mother, but they are to remain as Muslim. Isn’t that cruel? Where’s the compassion in justice? Are we robots? Is their religion that rigid and cruel? Would the children grow up appreciating our country’s diversity or end up cursing it? Would they be true Muslims or “atas nama” only? Makes us think if the decision makers have thinking capacity or not.

The solution is simple – we Malaysians must ignore the conversion which makes a mockery of us. Label it null and void. initiate criminal proceeding against the husband for wife abuse. change the law within a month – make it a fast track case. in the meantime, suspend all conversion application so that more criminals do not pass through the loopholes. But I fear it will end up like Subashini’s case. The religious department and AG office will make use of the grossly unfair decision made by the court and deny justice to Indira and her kids. So, no justice, no fairness, no rights.

Koh Tsu Koon meanwhile faces the first crisis in his role Minister in PM Department in charge of Unity. He starts off with a meeting on Monday to find a fast solution. He admits that it would involve court proceedings.

A meeting was held on Monday to discuss the matter and those who attended the meeting had a better understanding on the issue, he added.

Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, Human Resources Minister Datuk Dr S. Subramaniam and Minister in the Prime Minister’s Department (Religious Affairs) Datuk Jamil Khir Baharom were among those present at the meeting.

Also present were Malaysian Hindu Sangam president Datuk A. Vaithilingam and its Perak leader J. Vijayalingam.

Few months down the lane, another case will appear and we will start the whole process again.

Indira Gandhi interview video

April 18th, 2009
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Malaysiakini’s interview with Indira Gandhi, whose husband unilaterally converted her three kids, including a 11 year old baby, by just using birth certificate is available on Malaysiakini.tv and also Youtube [4:29min]. In this interview, she adds that the husband had an affair with a Thai woman, in addition to what was reported earlier.

You can download the flv file here [4:29 mins, 10.4MB] (needs an FLV player like VLC).

There’s another video of Ms Indira who was asked by her husband to meet him at the Jabatan Agama supposedly because he wanted to return the baby, but the officers there attempted to serve Syariah court order to her, which she correctly rejected. You can view it in Youtube [1:43 min] or download it as FLV file here [1:43 mins, 3.9MB].

Pakatan Retak coming soon?

January 12th, 2009
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From Pakatan Rakyat to Pakatan Retak. Well, what we can expect from politicians 🙂

Since Khairy Jamaludin trapped Husam Musa (or is it something pre-planned?) over the implementation of Hudud, Pakatan is getting agitated. DAP is very unhappy at PAS and Anwar Ibrahim over their stand on Hudud.

If one remembers correctly, there was no mention of Islamic laws in the agreement made the 3 parties to work together. But now, PAS is backstabbing DAP, while PKR is playing sandiwara with words since the by-election is days away.

Let’s look at extracts from a Malaysiakini report below:

Hadi said that hudud laws were not an issue in this by-election because it had already been gazetted in Terengganu when PAS held power between 1999 to 2004.

It only applies for Muslims while non-Muslims can decide for themselves. Misunderstanding (on this issue) between Pakatan Rakyat (parties) does not arise.

“It is only Umno that is causing problems,” he added.

Lim then replied that DAP respects the opinion of its coalition partners but Pakatan Rakyat cannot make decisions as a federal government unilaterally.

“If any problems occur, we will resolve it through musyawarah, that is through discussions. All three parties must hold discussions and if a consensus is not reached, it must be discussed again.

“This means, should PKR and PAS agree to implement hudud and DAP disagrees then it cannot be implemented. Everything must be discussed until all three parties agree,” he said.

Lim went on along the same vein for about five minutes while Hadi was noticeably uncomfortable forcing Terengganu PAS chief Mustafa Ali intervened.

Mustafa told reporters that hudud was not an issue in the Kuala Terengganu by-election as the results would not have any impact on the state or federal government.

Hmm…the seat got hot for them until squirming nervously?

I always thought that PAS will back-track/backstab/break away from the coalition. Their ideology is being compromised for the sake of winning the general elections, but it cannot be surpressed for long. PKR is depending on Anwar for comments, but no news from Tian Chua and gang. They will most likely support the stronger side, and in this case, PKR-PAS team looks a better prospect than PKR-DAP prospect.

Its very hard to have a balanced partnership in any coalition. Each party would like to think of it as being the backbone of the coalition, and PAS certainly does not want to play 3rd fiddle to Anwar and DAP.

Interestingly, according to Malaysian Insider:

Speaking to The Malaysian Insider earlier, Khairy denied he had backed the implementation of hudud during his debate with Husam.

Khairy, who has in recent weeks been campaigning on a more inclusive agenda in the race for the top job in his party’s Youth wing, was quoted by The Star as saying he supported the implementation of hudud, in what would have certainly damaged his reputation among more moderate Muslims and non-Muslims.

The Star later retracted the report.

So, did he or did he not mention that he will support Hudud law? Suara Keadilan believes he did:

… The issue over hudud – not new – stirred up a storm of reaction after Husam and Khairy both declared at an open debate they would implement the Islamic law if they came to power.

… Deputy Prime Minister Najib Abdul Razak too tried to limit the damage from Khairy’s comments. The son-in-law of Prime Minister Abdullah Ahmad Badawi had been reported as saying he would implement hudud if he won the Umno Youth chief post. He has since said he was misquoted.

Another article from CKcounterpunch blog says:

Husam’s forthrightness led Associate Prof Mohd Agus – also participating in the forum – to ask Khairy point-blankly if he would push for hudud law if he became Umno Youth chief.

Khairy, the 32-year old son-in-law of Prime Minister Abdullah Ahmad Badawi, said he would.

Many in the audience were taken aback by his answer.

“It contrasted against his earlier remarks about multi-racialism and how important it was for Malaysians to shift to a new paradigm. With Husam, well, PAS and DAP have never been hypocritical about their opposing stands,” said a spectator who declined to be identified.

So, this unclear situation is not good. We may have some negative elements in BN itself who want to implement Hudud.

Hudud splits Pakatan

January 9th, 2009
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Well well well, Anwar’s support for Hudud law for Muslims only creates a storm for DAP, especially Karpal Singh.

PKR will not reject outright PAS’ plan to implement hudud law, said its de facto leader Datuk Seri Anwar Ibrahim.

He also dismissed Karpal Singh’s remark that such legislation was unconstitutional, saying that the DAP chairman was making a general statement.

He said there was no need to reject the proposal as it was only applicable to Muslims.

What was needed, said Anwar, was an in depth discussion among Pakatan Rakyat partners on contentious issues which had resurfaced following a debate between PAS vice-president Datuk Husam Musa and Umno Youth deputy head Khairy Jamaluddin.

Hudud is not something new. There is allocation for it in Islam. This is what PAS has been saying all along, that it is solely for the Muslims,” he told reporters after launching the PKR main operation room for the Kuala Terengganu parliamentary by-election yesterday.

According to Anwar, all opposition parties understood Islam and that its legislative aspects should not just be confined to Syariah family or civil law.

Describing himself as a practising Muslim, Anwar stressed there was no blanket answer on hudud and that he would not emulate what former Prime Minister Tun Dr Mahathir Mohamad did, which was to oppose and reject outright hudud law when PAS first proposed it without fully understanding the issue.

He said detailed discussions on the issue could clear the air.

He also urged all dissenting voices to study the specific proposal and its provisions closely before opening their mouths.

TV3 Nightline showed a press statement from Karpal who claimed that for Hudud to be implemented, the status of country should changed to islamic state. However, since Malaysia is secular (well actually its neither there nor here), implementing Hudud is unconstitutional. Malaysiakini extract below:

PKR leader Anwar Ibrahim’s statement that people should not worry about PAS’ intention to implement hudud laws as it would only be applicable to Muslims, was today called a fallacy by DAP stalwart Karpal Singh.

He said this was because Anwar’s statement was “diametrically opposed to PAS’ avowed aim to turn Malaysia into an Islamic state” which Karpal believes would also mean the indiscriminate implementation of hudud laws.

“This has been PAS’ stand from its inception as is clearly reflected by the statements by former and present leaders of PAS.

“In fact, (PAS spiritual leader) Nik Aziz is on record to have said on Dec 22 last year that PAS would implement hudud laws with or without the support of DAP and PKR,” said Karpal in a statement today.

Both News Straits Times and The Star on Dec 23 reported on Nik Aziz’ persistence that his party would pursue the implementation of hudud laws even without the support of its other Pakatan Rakyat coalition members.

He was also quoted as saying that he could not understand why DAP was rejecting hudud laws when he believed they were similar to western laws.

“In light of this statement, there is a fallacy in Anwar’s assertion that hudud laws would only be applicable to Muslims,” Karpal reasoned.

“The pre-requisite of implementing hudud laws is the setting up of an Islamic state and as such, it is wrong for Anwar to imply that the implementation of hudud laws would not affect everyone including the non-Muslims.

“It is important for Anwar to know exactly what PAS intends to do in calling for the setting up of an Islamic state,” Karpal added.

… Meanwhile, Karpal said PAS president Hadi Awang should clear the air as to whether hudud laws were intended to be made applicable to both Muslims and non-Muslims in the event PAS succeeded in setting up an Islamic state.

“In the public interest, he should do so,” said the veteran DAP leader.

Nevertheless, Karpal reiterated DAP’s stand that the country is not an Islamic state and that the implementation of hudud laws would be “unconstitutional”.

Looks like Pakatan had fallen into BN’s trap.

For me, even though they claim Hudud will be only for muslims, sooner or later it will start to interfere in everybody’s lives. That’s inevitable since the nature of their religion is intrusive (my opinion). As it is, we have lots of problem with syariah laws and implementation by the relevant departments.
Having hudud will mean a death trap of sorts for the rest of malaysians people. Personally, i think even the more liberal muslims will not support it. imagine those famous personalities can’t wear strapless gowns at high class dinners. Muslim college students have to cover up (i still having shock over the way some of them dress at a certain uni in cyberjaya – MAIS officers will have a good time there), mat rempits having their body parts chopped off if found guilty of robbing (ok, i’m over-reacting here!).

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 ….