PKR Claims Anwar Introduced Article 121 (1A)

In order to play safe and avoid losing Malay votes by saying “no” to PAS President’s Private Bill, PKR publishes a book named, “Strengthening Islamic Jurisprudence in Malaysia”, where apart from recycling irrelevant and out of context questions that were answered a long time ago, the party issued a very confusing statement regarding the Bill in order not to directly says that the party is against the Bill.

Please read:

  1. “Jawapan Kepada Kenyataan Mengelirukan Khalid Samad Tentang Pindaan Akta 355”
  2. “Akta 355: Poster Dangkal SIS Forum Tentang Akta 355
  3. Another Seditious Article by MMO’s Boo Su-Lyn

Worst, PKR tries to take the credit for the Federal Government’s effort in 1988 to upgrade the Syariah Courts by claiming that the move was “upon the initiatives of Almarhum Tan Sri Prof. Ahmad Ibrahim and Datuk Seri Anwar Ibrahim”.

Written on page 20 of the book:

At the Federal level, upon the initiatives of the late Tan Sri Prof. Ahmad Ibrahim and Datuk Seri Anwar Ibrahim, Article 121 (1A) was introduced to the Federal Constitution. The introduction upgraded the legal position of the Syariah Courts without infringing the civil on the court rights of non-Muslims. It must be stress that this initiative was discussed by the Islamic Consultation Body, the Islamic Centre (now JAKIM), and the Cabinet.

~Strengthening Islamic Jurisprudence in Malaysia

It is a known fact that Almarhum Tan Sri Professor Ahmad Mohamed Ibrahim Ahmad is the person who initiated the move but since I have not come across on Anwar’s specific role in fighting for the Article 121 1(A) together with Almarhum Professor Ahmad Ibrahim, I spoke to several senior lawyers and Constitution experts to clarify the claim made by PKR in the said book.

Contrary to what was claimed in the PKR book, the answers from the senior lawyers are that Anwar Ibrahim has nothing to do with the move to add the Article 121 (1A) to our Federal Constitution, neither in coming out with the idea nor the fight in pursuing the matter until it was accepted by the Federal Government.

I was told by the lawyers that it was the initiative of Almarhum Tan Sri Professor Ahmad Mohamed Ibrahim with the help from the then Chief Justice Tun Hamid Omar and the then Attorney General that made it possible to bring the matter to Parliament and that it has nothing to do either with Anwar Ibrahim or PKR.

Furthermore, after studying the Parliament Hansard, I found out that on March 17, 1988, it was not Anwar Ibrahim who tabled the Constitution (Amendment) 1988 Bill regarding Article 121 (1A) in the Parliament but it was the then Prime Minister, Dato’ Sri Dr. Mahathir Mohamed who tabled the Bill.

Below is a part of the Parliament Hansard on the Constitution (Amendment) 1988 Bill:

Penyampai : DATO’ SERI DR. MAHATHIR BIN MOHAMAD
Tajuk : MEMBENTANGKAN RANG UNDANG-UNDANG PERLEMBAGAAN (PINDAAN) 1988
Lokasi : DEWAN RAKYAT, KUALA LUMPUR
Tarikh : 17-03-1988

Tuan Yang di-Pertua,
Saya mohon mencadangkan iaitu Rang Undang-Undang bernama suatu Akta untuk meminda Perlembagaan Persekutuan dibacakan kali yang kedua sekarang….

…23. Perkara 118A menyatakan bahawa sesuatu aduan tentang tidak adanya dibuat pemilihan ke Dewan Rakyat hendaklah dianggap sebagai petisyen pilihanraya, dan Mahkamah Tinggi boleh membuat perintah untuk memaksa supaya pemilihan dibuat. Perkara itu juga menyatakan bahawa kegagalan membuat pemilihan dalam tempoh yang dinyatakan oleh Perkara 54 dan 55 tidak boleh dijadikan alasan untuk mengisytiharkan bahawa seseorang ahli itu telah tidak dipilih sewajarnya. Fasal 7 Rang Undang-Undang ini mencadangkan supaya Perkara 118A itu dipinda supaya ianya terpakai juga bagi pemilihan ke Dewan Undangan Negeri. PERKARA 121 ___________

24. Perkara 121 meletakhak kuasa kehakiman Persekutuan pada Mahkamah Tinggi dan mahkamah-mahkamah rendah. Ia juga meletakhak bidangkuasa tertentu pada Mahkamah Agung.

25. Fasal 8 Rang Undang-Undang ini mencadangkan supaya Perkara 121 dipinda dengan menghapuskan peruntukan tentang meletakhak kuasa-kuasa kehakiman pada mahkamah-mahkamah dan dengan memasukkan ke dalam Fasal (1) Perkara itu peruntukan yang menyatakan bahawa Mahkamah Tinggi dan mahkamah-mahkamah rendah hendaklah mempunyai bidangkuasa dan kuasa-kuasa sebagaimana yang diberi oleh atau di bawah undang-undang persekutuan. Dengan ini, Perkara itu tidak lagi akan memberi penekanan pada meletakhak kuasa kehakiman persekutuan pada mahkamah-mahkamah tetapi akan hanya memperkatakan tentang jenis-jenis mahkamah dan bidangkuasa serta kuasa-kuasanya.

~Office of the Prime Minister

Therefore, I have a few questions for PKR :

  1. What is the important role played by Anwar Ibrahim to justify his big role in Article 121 (1A) as claimed by PKR that, “At the Federal level, upon the initiatives of the late Tan Sri Prof. Ahmad Ibrahim and Datuk Seri Anwar Ibrahim, Article 121 (1A) was introduced to the Federal Constitution”?
  2. Since the Clause (1A) was added to the Article 121 in 1988, on what basis can PKR take the credit by using Anwar’s name when;
    ——–i. PKR was then not yet existed.
    ——–ii. And Anwar Ibrahim who was then a leader of UMNO acted in the capacity
    ———–of an UMNO leader and in accordance with the principals of UMNO and by
    ———–the consent of  UMNO leadership?
  3. Are these concocted fictional claims are parts of PKR’s values and interpretation of the phrase “justice, humanity and based on the Islamic values of “rahmatan lil ‘alamin” (a mercy unto the world)” that was said in the book as what PKR is “committed in the struggle for”?

>>>Click here to read Strengthening Islamic Jurisprudence in Malaysia<<<

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Another Seditious Article by MMO’s Boo Su-Lyn

Boo Su-Lyn’s Malay Mail Online article, “Why we must stand up against Hadi’s Bill” is full of false, slanderous and malicious accusations that undermine Islam, the religion of the Federation. She is instigating disunity among people of different races. She is disloyal to the DYMM Yang Di-Pertuan Agong as she refutes the DYMM Agong’s oath to uphold Islam at all time and she also went against the decree of the former DYMM Yang Di-Pertuan Agong which was made in the parliament on the 7th March, 2016:

“Beta berharap langkah-langkah ke arah memperkukuhkan institusi agama dan kecekapan perlaksanaan undang-undang pentadbiran agama Islam melalui pemerkasaan Mahkamah Syariah dapat disegerakan.”

Article 11(3) of the Federal Constitution says that, “Every religious group has the right— to manage its own religious affairs”. That means Boo Su-Lyn has no constitutional rights to intervene in the matters of the Muslims religious affairs and to question the implementation of our Syariah Laws.

One of the causes of religious conflicts in Malaysia is instigation made by people like Boo Su-Lyn who seems to think that she knows everything, has the right to interfere with everything and has respect to others.

Below are my answers (in blue) to Boo Su-Lyn’s article in red:


JANUARY 20 — If we fear that PAS president Datuk Seri Abdul Hadi Awang’s private member’s Bill to amend the Shariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) may irrevocably change our beloved country, then we must stand up against the Bill in a united show of protest.

PAS president’s Private Member’s Bill is an amendment to enhance the Act 355, which was last amended in 1989 in order to empower the Malaysian Judiciary Systems, specifically the Syariah Courts. Lots of other Acts had been amended more than twice since Act 355 was last amended.

Today, the maximum punishment for smoking in public places is higher than the maximum punishments for any Syariah offences, thus, giving an impression that the offence of smoking in public places is more serious than any Syariah offences including apostasy.

It’s not enough to merely issue press statements as our voices are scattered.

Boo Su-Lyn is beginning to echo what was said by Jamal Yunos about Bersih, so she must stop complaining about him. Bersih rallies are illegal, affect everybody including Jamal but Act 355 is constitutional and does not affect the non-Muslims including Boo. 

PAS knows that there is significant opposition to Hadi’s Bill, which is why they themselves are organising a mass rally on February 18 to gather support for the Bill, even though the prime minister himself has announced that the government will take over the proposed legislation.

On the February 18, Muslims will rally in solidarity as a united Muslim ummah, regardless of their political parties, to urge their MPs to support the amendment of Act 355. PAS does not need to gather support from the Muslims because the majority of the Muslims support the private Bill.

Likewise, if we Malaysians across race and religion feel strongly against Hadi’s Bill which threatens to alter the secular structure of our country, then we must mobilise ourselves and express our opposition on a single, visible platform.

By calling Malaysia a secular country, Boo Su-Lyn slanders and challenges both the Federal Constitution and the definition of secularism.

George Jacob Holyoake who is the creator of the term secularism defines secularism as separating government and religion. Therefore, as said in many of my previous posts, it is impossible for Malaysia to be defined as a secular country when Islam is stated as the religion of the Federation in Article 3(1) of the Federal Constitution.

Hence, Boo words, “threatens to alter the secular structure of our country” is indeed a malicious lie.

Proponents claim that Hadi’s Bill is not about hudud, conveniently ignoring history when PAS has always wanted to amend Act 355 and even the Federal Constitution to allow it to implement hudud in Kelantan.

Boo is wrong again.  It is a slanderous lie to claim that the Private Bill is a Hudud Bill or it will legalise the Kelantan’s Hudud  because:

  • The offences under the jurisdiction of the Syariah Courts are not the same as the offences listed under the Hudud law.
  • Hudud’s punishments include capital punishment which is not included under the Act 355.

The Bill is only to enable amendments to be made to the existing Act 355 Syariah Courts (Criminal Jurisdiction) Act so that the Syariah Courts can increase the punishments for the cases under the courts’ jurisdictions. Therefore, this Bill is unable to enable the implementation of Kelantan’s Kanun Jenayah Syariah II (1993) 2015 or known as Kelantan’s Hudud.

A working paper by the Malaysian Islamic Development Department (Jakim) that was leaked in 2014 had even argued that the Islamic penal code should be applied to all Malaysians on the basis that Islam is the religion of the federation.

The amendment of Act 355 is unable to enable the implementation of Kelantan’s Kanun Jenayah Syariah II (1993) because Kelantan’s Kanun Jenayah Syariah II contradicts with our judicial systems.

It has only been of late that PAS claims that Hadi’s Bill is not aimed at introducing hudud law, but merely at expanding the punitive powers of the Shariah courts. The proposed expansion of Shariah punishments is drastic — increasing jail term limits from three to 30 years, hiking up fines by 20 times from RM5,000 to RM100,000, and multiplying lashes of the cane from six to 100.

For those who do not bother to check their facts right like Boo Su-Lyn, will claim that “the proposed expansion of Shariah punishments is drastic”. Actually, the hike in the proposed amendment seems high because the current punishment limits are much too low and are overdue for a revised since the last increase in the punishment was done 33 years ago.

In reality, even though the maximum punishment for the civil offence of smoking in public places is RM10,000 fine or two years of imprisonment, some activists are still fighting for the increase in the punishments. 

In the case of whipping, there is a huge difference between Syariah whipping as compared to civil whipping, both in terms of the way of conduct and also the size of the cane. I trust the Syariah Courts’ judges and I’m sure they are as professional as the Civil Courts’ judges and not to punish people cruelly.

What religious offence would merit imprisonment of up to three decades?

A lot because Islam is a way of life.

In the Penal Code, rape and culpable homicide not amounting to murder are punishable with 30 years’ jail. What offence which merely violates certain religious instructions can possibly be equivalent to the violent crimes of rape and homicide?

A lot including apostasy and offences under Islamic Family Laws.

MCA is against PAS’ “Himpunan 355” rally, claiming that it will cause disunity.

MCA should have banned their members from taking part in the illegal Bersih 5 because not only Bersih causes disunity, it condemned the government and caused chaos all around the city for its selfish decision to demonstrate around the city instead of holding a rally in a stadium or a field.

I don’t think we should try to prevent PAS from organising their rally. It’s well within their rights to assemble peacefully for whatever cause they hold dear.
Just as it’s within our rights as Malaysian citizens to protest against Hadi’s Bill.

Make sure that it will be legal, hold the rally in a stadium or a field and do not turn it into street demonstrations like Bersih. It will be interesting to see if the Malay leaders of PPBM, PAN and PKR dare to take part.

Hadi’s supporters say that non-Muslims are interfering with Muslim affairs by questioning and criticising Hadi’s Bill, which they claim will not affect non-Muslims.

Article 11(3) of the Federal Constitution says that, “Every religious group has the right— to manage its own religious affairs”.

It’s a spurious argument.

Are you challenging the Article 11(3) of the Federal Constitution?

Malaysia is a multi-racial and multi-religious country. We do not live in silos. We eat, work and live together.

Wrong. Malaysia is a multi-racial but not a multi-religious country. Malaysia’s only religion is Islam, as stated in the Article 3(1) of the Federal Constitution. But Malaysia is a country with multi-religious citizens.

Non-Muslims may not want to see their Muslim friends, family or neighbours subjected to an unjust law that is opposed by some Muslims themselves.

In the judgment of the Federal Court case, ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor, Tan Sri Md Raus Sharif said:

Federal Constitution allows the Legislature of a State to legislate and enact offences against the precepts of Islam. Taking the Federal Constitution as a whole, it is clear that it was the intention of the framers of our Constitution to allow Muslims in this country to be also governed by Islamic personal law.

Claiming Syariah laws and punishment as unjust is challenging the Federal Constitution because the Syariah Courts are part of our judicial systems as written in Article 121(1A). It has a seditious tendency as stated in Section 3(1)(c) of the Sedition Act 1948, which is, to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State.

Non-Muslims may also end up being victimised, which has already happened in several interfaith child custody cases involving Muslim converts. A 60-year-old Christian woman was publicly caned in Acheh, Indonesia, last April under Shariah law for selling alcohol.

Another lame and out of context argument. Malaysian Syariah Courts have never punished any non-Muslim and the proposed amendment does not give the Syariah Courts the jurisdiction to do so.

Everyone has the right to talk about Hadi’s Bill because it is just like any other ordinary piece of legislation. This is not interference in someone else’s religious affairs; it’s about exercising our roles in democracy as equal Malaysian citizens.

Everyone has the right to talk but non-Muslims have no constitutional rights to intervene in the matters of the Muslims religious affairs as stated in Article 11(3).

Hadi’s opinions must be open to scrutiny just like those of any Malaysian politician. No one should stand on a pedestal as if they’re above everyone else.

Agreed, that is why I hope Boo Su-Lyn will be professional enough to write about the seditious statements made by opposition leaders toward the religion of Islam.

We cannot separate “Muslim” and “non-Muslim” affairs as if they’re different slices of a cake.

Boo Su-Lyn must go back to school and learn about Article 11(3) and other basic facts about our Federal Constitution before writing on matters related to the Constitution because everyone is subjected to the laws of our country including Boo Su-Lyn. “No one should stand on a pedestal as if they’re above everyone else”.  

Taxpayers’ money that goes towards maintaining the Shariah courts and Islamic departments and enforcing Shariah legislation, just like it’s used to upgrade roads and to pay the salaries of civil servants, comes from both non-Muslim and Muslim taxpayers.

Boo must go back to school. Islam is the religion of the Federation. Therefore, the Federal Government is allowed to spend for the Syariah Courts using the taxpayers’ money. And Article 12(2) of the Federal Constitution allows the Federal Government to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam. In fact, the government is not at all allowed to spend taxpayers’ money for secular reasons or on anything that could cause any negative effect on the religion of Islam.

Laws that are passed in both the state legislative assemblies and in Parliament, including state Shariah legislation, involve the participation of both Muslim and non-Muslim lawmakers.

These state assemblymen and MPs must also remember that they represent voters across race and religion, even if most of their constituents may be predominantly of a certain ethnicity. Hence, their vote on Hadi’s Bill must be representative of their entire constituency, and not merely come from personal religious convictions.

Precisely. Boo Su-Lyn must remind the MPs that they represent their voters, so they are supposed to listen to the voters in the case of Hadi’s Private Bill and not to make their own decisions. Non-Muslim MPs must not forget who voted them into office, especially those from MCA, MIC and Gerakan.

Both non-Muslims and Muslims, as Malaysian citizens who vote and pay taxes, have just as much right as each other to talk about various issues and policies, including Shariah law and vernacular schools.

All Malaysian citizens have the rights to talk about the bill but non-Muslims have no constitutional rights to fight against the amendment of Act 355 because it is regarding the Muslims religious affairs as it is against the Article 11(3).

So, everyone should not be afraid of speaking up against Hadi’s Bill.

The can talk about it as long as they know their limits.

It is our right as citizens to stand up for what we think is right and to stop Malaysia from turning into an intolerant state like Brunei or Acheh.

Boo Su-Lyn must stop making slanderous accusations and remember that nobody is above the law, including her. We are governed by law and our supreme law is the Federal Constitution.

The then Federal Court Judge, Tan Sri Mohamed Apandi Ali in the Court of Appeal’s judgement of the case, Titular Roman Catholic Archbishop of Kuala Lumpur v. Menteri Dalam Negeri and Kerajaan Malaysia said:

[36] The alleged infringement of the fundamental liberties of the respondent can be negated by trite law that any freedom is not absolute. Freedom cannot be unfettered, otherwise, like absolute power, it can lead to chaos and anarchy. Freedom of speech and expression under Article 10(1) are subjected to restrictions imposed by law under Article 10(2)(a). Freedom of religion, under Article 11(1), as explained above is subjected to Article 11(4) and is to be read with Article 3(1).

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TANJAK – Young blogger expects senior leaders to understand constitution

Last week, news portal, Tanjak contacted me for my reaction towards the baseless and bias comments made by Lim Guan Eng and his supporters in order to ridicule my ability and knowledge on the matters concerning my November 23, 2016 police report against LGE.

Below is the article taken from Tanjak regarding this matter.


Prominent young blogger Ahmad Ali Abdul Karim, who lodged a police report against Lim Guan Eng, is unfazed by the scurrilous attacks against his person made by hardcore pro-opposition and leftist elements.

Ali’s police report concerned the Penang chief minister cum DAP secretary-general Lim Guan Eng with regard to the latter’s Nov 24 last year statement on the proposed bill to amend the Syariah Courts (Criminal Jurisdiction Act) 1965 commonly known as RUU355 that was proposed PAS president Abdul Hadi Awang.

Lim Guan Eng, DAP party secretary-general and Chief Minister of Penang

According to Ali’s police report lodged, the statement made by Lim contains seditious elements designed to mislead the Malaysian public on the nature of the amendment proposed, among others by claiming that RUU355 contravenes the federal constitution.

Young blogger subjected to insults, derision

While the young blogger’s action in lodging the report has received glowing praise, including from Deputy Minister in the Prime Minister’s Department Asyraf Wajdi Dusuki, supporters of the Penang Chief Minister did not mask their contempt for the move as well as the blogger himself.

The Dapsters were sceptical of the deputy minister’s opinion that the young lad knew the constitution better than Lim.

Their comments deluged the social media and pages of leftist news outlets such as MalaysiaKini attacking Ail’s credibility and accusing the teenager of being a stooge for the BN-led federal government.

MalaysiaKini report quoting Deputy Minister in the PM’s Dept over blogger Ali Abdul Karim’s police report against Lim Guan Eng

One commentator on MalaysiaKini, ‘JusticeNow!’ likened the move by Ali to the use of children as soldiers by corrupt regimes dominating the African continent, saying that just when one would think that Umno/BN “cannot go any lower”, they go ahead and do so and that Ali is a “forced recruit child soldier under the hegemony and exploitation of (the) BN/UMno (government)”.

Another, “Thickskin” suggested that Karim be made the new attorney-general since he knows more about the constitution.

Astoundingly, one commentator, “Anonymous_1429175092” went as far as to accuse the young blogger of being “jealous” of how the Penang state government was currently run, stating blithely that he had “no standard whether in merit, capability, knowledge, and foresight” and was childish to boot.

The response of the leftists on MalaysiaKini is hardly surprising given the pro-DAP news portal’s tendency for far-left slanted reporting, which has attracted fanatical supporters of the much maligned ethnic Chinese-based party.

Groups of DAP supporters have been known to regularly converge on pro-opposition Malaysian news portals to engage in race-baiting and bashing everything that is Malay and Islamic in origin as inferior to their Western and Chinese counterparts.

Tthe Red Bean Army (RBA), an organised group of DAP cybertroopers, is the best known example of these.

Previously, a sImilar responses had been recorded in response to the proposalby Gabungan Pelajar Melayu Semenanjung (GMPS) president Zamri Mohd Isa in response to his urging of prime minister Najib Razak not to grant official recognition of the Unified Examination Certificate (UEC) in last Novermber.

Blogger doubles down on LGE’s misrepresentation

When contacted by the Tanjak news team for comment, the blogger denied he was being used as an agent by any party nor that he had any political motive, save to maintain Malaysia’s racial and religious harmony and defend the constitution.

Ali was also unfazed by the barrage of personal attacks mounted by the abovementioned elements on social media.

He responded that the commentators would seem to be deliberately overlooking the attempt by certain non-Muslim leaders, including the Penang chief minister, to undermine Islam’s position as enshrined in the constitution.

DAP, MCA and Gerakan all work together in defending and promoting Chinese interests in Malaysia and undermining Islam as the religion of the federation

He referred to Articles 3(1) of the constitution (on Islam’s status as the religion of the Federation) and 11(1) (freedom of religion) (as applied in the case of Titular Roman Catholic Archbishop of Kuala Lumpur v Kementerian Dalam Negeri & Kerajaan Malaysia) as the constitutional provisions that non-Muslim leaders such as Lim were guilty of wilful violation, in particular with regard to the position of Islam in the public sphere and the right of Muslims to practice their faith respectively.

He also stated that it was misleading of Lim to claim that he was merely expressing his opinion as a citizen and that “blocking” him using the Sedition Act would amount to the rakyat “not being able to have opinions anymore”.

“As a chief minister, [Lim] must understand that the four sensitive issues mentioned in section 3(1)(f) of the Sedition Act 1948 cannot be questioned, even in Parliament. Even the president of Isma [Abdullah Zaik Abd Rahman] was found guilty under the Act,” the young blogger told Tanjak.

Clear elements of seditious tendency in LGE’s statement

The young lad cited at least two parts of Lim’s statement that were clearly seditious in nature.

The first was the call by Lim for non-Muslim BN component parties to “leave” BN over the proposed tabling of RUU355, which the blogger claimed would exerbate racial and religious relations. The second would be the claim by Lim that Umno and PAS were working together to “bypass” the constitution.

The blogger argued that Lim in his capacity as chief minister of Penang ought to have known better as his public statements may influence the way his supporters view issues as after all, they would naturally trust his judgment on public matters.

“I may be immature but I understand that I cannot intepret the [constitution] for my own gain. [The constitution] is the foundation of my country and I want our leaders to respect our supreme law,” he added.

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Tun Dr Mahathir, From A Statesman To A Street Demonstrator

three

Above are three images of ‘the new Tun Dr Mahathir Mohamad’ after he left UMNO, the party that once made him the Prime Minister of Malaysia.

The first image was taken at the High Court of Kuala Lumpur on September 5, 2016, when he made a surprise court visit in support of Anwar Ibrahim, during Anwar’s NSC suit.

It was Dr Mahathir who sacked Anwar Ibrahim from the Deputy Prime Minister post before Anwar was sent to jail.

The second image was taken on November 19, 2016, during the illegal Bersih 5 demonstration in Kuala Lumpur.

Taking part in Bersih for the second time, Dr Mathathir seems to have mastered the art of street demonstration.

In the photo, Mahathir, wearing a Bersih 5 t-shirt was seen shouting like a mad demonstrator, when during his days as the Prime Minister, he was against demonstrations and looked down at demonstrators.

The third image shows Dr Mahathir proudly wears a ‘Free Anwar Now’ badge, another odd situation after what he did and said about Anwar when he was still in power.

What is happening to Dr Mahathir?

Dr Mahathir was once a statesman and condemned Bersih demonstrators as wanting to topple a legally elected government.

But now he eagerly took part in the illegal Bersih demonstration which was led by the party that he once hates. 

Like Bersih leaders, he too wants and trying hard to bring down the legally elected government; an action which he used to condemn.

He had changed from a statesman to a street demonstrator, taking part in an illegal demonstration to topple a legal government.

Dr Maharhir had changed from a great and smart leader to a person easily used by his enemy turns ally, as claimed by “DAP’s Superman” Hew Kuan Yau.

According to Hew Kuan Yau, DAP is only using Mahathir to bring down Najib.

Dr Mahathir used to say that,” Melayu mudah lupa” but now it is clear that it is actually Mahathir who mudah lupa.

Now Dr Mahathir sudah lupa who voted him to power, his stance about street demonstrations, who DAP really is, the agendas behind Bersih and he even forgets what is Act 355 which was amended twice during his tenure as the fourth Prime Minister of Malaysia.

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PAN Protects Alcohol, Rejects Hadi’s Bill?

PAN or Parti Amanah Negara’s MP for Kota Raja, Dr Siti Mariah Mahmud said in Parliament that the alcohol taxes should not be raised as reported by Free Malaysia Today (FMT).

I would understand if this issue was raised by a non-Muslim MP, but why must a Muslim MP from a so-called Islamic political party raised the issue in parliament?

FMT reported that Siti Mariah who is the women’s wing chief of PAN said that, “As for alcohol, it is allowed to non-Muslims, so if we increase its tax it will burden them.”

Bagi alkohol pula, ia dibenarkan untuk bukan Muslim, jadi jika kita naikkan cukainya ia akan membebankan mereka,” kata Siti Mariah Mahmood (Amanah-Kota Raja) di Dewan Rakyat hari ini. – FMT

This is an argument made by a senior leader from a party that claims that its aim is to become the main Islamic party in Malaysia.

My question to PAN’s Dr Siti Mariah are:

  1. Why must a Muslim like Siti Mariah fights for something which is haram just to win the non-Muslims’ votes?
  2. Is fighting for the non-Muslims alcohol drinker is more important than fighting for the Muslims who want the Act 355 to be amended?
  3. Is the issue of alcohol tax is more important than the issue of the amendment of Act 355?
  4. Is fighting for the tax on alcohol not to be increased is one of the actions taken by Siti Mariah and PAN to empower Islam as promised by them to their main voters who are the Muslims?
  5. Is there no better issue to fight for other than alcohol?
  6. Is PAN not aware of the bad effect of alcohol?
  7. Is PAN saying that all non-Muslims consume alcohol for concluding that an increase on alcohol tax will burden the non-Muslim and not only the people who consume alcohol?
  8. Is she implying that drinking alcohol is such an important part of the lives of the non-Muslims that it is a duty for her to raise the issue regardless the fact that she is a Muslim?

Siti Mariah must understand that alcohol is haram to the Muslims so it is wrong for a Muslim to fight for alcohol, as there is no reason for non-Muslims to make a fuss about Act 355 as it has nothing to do with them.

Furthermore, why must she fight for alcohol?

Is she not aware of the bad effects of being drunk, like causing accidents, crimes like domestic violence, fights and other violence actions?

Is this how a Muslim MP supposed to be; promoting bad practices and assuming that every non-Muslims drinks alcohol.

Siti Mariah as a PAS candidate in the 13th General Election has violated the trust of her Muslims voters.

Act 355: Answering “CCM Says Hadi’s Bill Will Radically Rewrite Constitution”

In preserving a harmonious country, the people of Malaysia from all faiths and races must uphold the Federal Constitution, respect each other, obey the laws of our country and must not insult others.

As a person in his position who always talks about unity and harmony, Hermen Shastri must not insult the Muslims by making rude, harsh and false accusations regarding the Syariah punishments as well as the PAS president’s Bill.

After all, why must non-Muslims try so hard to deny the constitutional rights of the Muslims to manage our own religious affairs as written in Article 11(3) of our Federal Constitution?

In its article, “In plea to MPs, CCM says Hadi’s Bill will ‘radically’ rewrite constitution”, Malay Mail Online (MMO) wrote:

Council of Churches of Malaysia (CCM)’s secretary-general, Reverend Dr Hermen Shastri recently claimed that a vote for the Act 355 Bill which was tabled by PAS’ president, Dato’ Seri Haji Hadi will “radically” rewrite the Federal Constitution, urging MPs to not look at the Bill lightly and instead view it with “great concern and alarm”  Malay Mail Online.

MMO later quoted Shastri as saying:

“Hadi’s Bill is not just about upgrading the power of the Shariah Courts, it is rewriting the constitution in a radical way,” – Malay Mail Online.

Now, what does the CCM leader’s intention of using the words, “… in a radical way” when Hadi’s Bill is in no way will bring any changes to the Constitution?

The fact is, the Bill is only to increase the Syariah punishments which maximum punishments are currently too low and not to introduce new sets of laws.

MMO also wrote that:

Shastri pointed out that Shariah Courts were established and regulated by state laws, and that their powers and offences were defined by the Federal Constitution  Malay Mail Online.

The Bill will not change this fact, the Shariah Courts will still be regulated by State laws while the Civil Courts will still be regulated by Federal laws.

bill

Worse, Herman Shastri’s wild accusation gives the implications to people who believe his words that those who are telling the truth about the Bill are liars; which will cause anger and hatred that can divide the people.

According to MMO:

He added that the ramification to widen Islamic laws was not only limited to those who are Muslims  Malay Mail Online.

Another false statement because under the laws of Malaysia, non-Muslims are not subjected to the Syariah Laws.

Section 2 of the Act 355 clearly says that the Syariah Court has no jurisdiction over the non-Muslims and Hadi’s Bill is not about amending the Section 2 of the Act 355 to give the Syariah Courts the jurisdiction over the non-Muslims.

Also said by Shastri:

“Once we lose the balance between Syariah and Civil Courts as set forth in our Federal Constitution, it is going to lead to a dangerous path of conflicting jurisdictions; forms of punishment not acceptable in modern societies; and erosion against the liberal secular status of the Constitution and its impact especially on the states of Sabah and Sarawak,”

~Malay Mail Online

Firstly, what does the CCM’s secretary-general mean by “forms of punishment not acceptable in modern societies”?

From the above sentence, I understand the above rude phrase is written in reference to the Syariah punishment, which is clearly an insult to Islam, the religion of the Federation and to the Muslims who believe in the teaching of Islam.

Is insulting and scoffing at other religions an attitude that is “acceptable in modern societies”?

There is no case of “… erosion against the liberal secular status of the Constitution”, because the status of our Federal Constitution is neither liberal nor secular since Article 3(1) of our Federal Constitution stated that Islam is the religion of the Federation.

In fact, the words liberal and secular have never been mentioned in our Federal Constitution.

To understand a secular constitution, please refer to the constitution of the United States of America and read the interesting case about Mount Soledad.

As a CCM leader, Hermen Shastri must be really careful of what he said, especially when commenting about other religions, please do not scoff at or insult other religion.

Do not insult others and learn to respect the constitutional rights of others.

He must get his facts right from the people who understand the matter for if not, not only it will be a pointless statement which doesn’t make any sense but it will also cause anger and hatred.

The rights of the Muslims to be governed by the Islamic law is granted under the Federal Constitution of our country.

In the judgement of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor, the Court of Appeal president Tan Sri Md Raus Sharif concluded:

Federal Constitution allows the Legislature of a State to legislate and enact offences against the precepts of Islam. Taking the Federal Constitution as a whole, it is clear that it was the intention of the framers of our Constitution to allow Muslims in this country to be also governed by Islamic personal law.

Hadi’s Bill only concerns the lives of the Muslims and we are not disturbing people of other faith.

We want to prevent and solve social problems among the Muslims as some offences punishable by the Syariah Courts are not considered as offences under civil law, such as Muslims drinking alcohol in public which can also cause problems to non-Muslims as in the cases of violence when they are drunk.

So why must it become a problem to non-Muslims when the Muslim are working to solve our social problems and helping each other to become better Muslims and better human being?

Are the people who are against the Bill are against the faithful Muslims?

Related Posts:

Act 355: G25, Stop Lying About Hadi’s Private Bill

On June 1, 2016 the Malay Mail Online reported that:

G25 criticised today PAS President, Dato’ Seri Haji Hadi’s  Private Member’s Bill to expand the range of punishments the Shariah courts can impose, saying hudud law is inappropriate in secular Malaysia”.

~Malay Mail Online

In order to support its arguments, G25 made a contradictory and baseless statement:

“Although Article 3 of the Federal Constitution declares that Islam is the religion of the Federation, still, constitutionally, Malaysia is a secular state, as our forefathers and the framers of the Federal Constitution had intended. Further, our nation is multi-religious, multi-racial and multi-cultural,” it added.

~Malay Mail Online

How could a country be constitutionally a secular state when its Federal Constitution which is the Supreme Law of the land  has declared that Islam is the religion of the country and the word “secular” has never been mentioned in the Federal Constitution?

Does G25 misunderstood the term secularism or is G25 trying to say that the Article 3 of the Federal Constitution is unconstitutional?

If Malaysia is a secular state, the word “Islam” cannot even be mentioned in the Federal Constitution of Malaysia.

The creator of the term secularism, George Jacob Holyoake , in his book, “The Principles of Secularism”, defines secularism as separating government and religion, while Merriam-Webster defines secularism as “the belief that religion should not play a role in government, education, or other public parts of society”.

So, Article 3(1) automatically denies any claim saying that Malaysia is a secular state; since secularism means separating government and religion which is the opposite case in Malaysia.

Please click here for my article on why Malaysia is not a secular state.

A good example of an important criteria of a secular state is the 25-year legal battle regarding the Mount Soledad Cross, a giant cross installed on Mount Soledad Veterans Memorial in the United States of America.

After a group of people installed a giant cross on the Mount Soledad Veterans Memorial in San Diego, California, the court ordered them to remove the cross, because as a secular state it is unconstitutional to put a symbol of religion on government land.

The controversy over the Mount Soledad Cross only ended after the US Department of Defense sold the government land on which the 29-foot cross stood.

So how could Malaysia be claimed as a secular state when the government not only built mosques on government lands but also finances Islamic religious authorities?

The Malay Mail Online also wrote:

They noted that by implication, the Bill allows Shariah courts to impose “any form of hudud punishment” other than the death penalty, for example 100 lashes of whipping for Muslims found guilty of adultery, or the amputation of one’s hand for theft.

~Malay Mail Online

What a defamation and malicious falsehood!

Firstly, it is a lie to claim that the Private Bill is a Hudud Bill “to impose any form of hudud punishment other than the death penalty” and “to expand the range of punishments the Shariah courts can impose”, because the Bill is only to enable amendments to be made to the existing Act 355 Syariah Courts (Criminal Jurisdiction) Act so that the Syariah Courts can increase the punishments for the cases under the courts’ jurisdictions.

Secondly, as the above statement gives the implication that Hudud punishment is harsh and negative it is a defamation to Islam.

Muslims members of G25 must learn to understand the concept of punishments in Islam and how they are carried out – please click here for a video that explains the differences between Syariah whippings and civil whippings. 

Thirdly, it is a false statement to say that the Bill will allow the Shariah Courts to impose the “amputation of one’s hand for theft” because, since theft is a criminal crime that is punished under the Penal Code, theft is under the jurisdiction of the civil courts and not the Syariah Courts.

The Syariah Courts have jurisdiction only over the matters as stated in the State List under Item 1 of the List II of the Ninth Schedule of the Federal Constitution and not over other offences; and the Bill is not about giving the Syariah Courts the jurisdiction over the offences punished under the Penal Code.

The Malay Mail Online further wrote:

The group noted that the Kelantan Syariah Criminal Code II (1993) Bill 2015 prescribes  hudud punishments for offences like adultery, theft, robbery, sodomy, consumption of liquor and apostasy, but it has yet to be enforced due to the limits in the Syariah Courts (Criminal Jurisdiction) Act.

“Therefore, there is the need for the state of Kelantan to seek Parliament to amend the Syariah Courts (Criminal Jurisdiction) Act 1995. And, so, here comes Hadi’s Bill,” said G25. 

~Malay Mail Online

It is untrue that the Bill is about to enable the Kelantan Syariah Criminal Criminal Code II to be implemented because as I wrote above, the Bill will not gives the power to the Syariah Courts to implement capital punishment Hudud nor the jurisdiction over offences punished under the Penal Code.

It is hard to understand why a Muslim opposes a Bill that not only helps to curb the social problems among the Muslims but also to empower the Syariah Courts.

The Article 37 states that the Yang Di-Pertuan Agong must take his oath to protect the religion of Islam before exercising his functions; and this Bill is the right move towards protecting and upholding Islam which is the religion of our country. 

Related post on G25: