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

28 06 2016

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:

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Act 355: Interfaith Group’s Statement Risks Weakening Constitutional Liberties

18 06 2016

What is the problem with some non-Muslims when the Muslims tries to strengthen the teaching of Islam in an Islamic country?

Why must non-Muslims oppose laws that only affect the Muslims?

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) opposes the private member’s bill regarding the Act 355 or Syariah Courts (Criminal Jurisdiction) Act 1965 tabled by PAS President, Datuk Seri Haji Hadi, reported Malay Mail Online on May 31, 2016.

According to Malay Mail Online, MCCBCHST claimed that, “…. the proposed law risks weakening the country’s constitutional liberties, including religious freedom.”

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) expressed today its opposition to the Syariah Court (Criminal Jurisdiction) (Amendment)Bill 2016, and warned that the proposed law risks weakening the country’s constitutional liberties, including religious freedom.

~Malay Mail Online.

In the first place I wonder if the council leaders understand Dato’ Seri Haji Hadi’s Private Member’s Bill and the Act 355 before making the statement.

As I wrote in, “Akta 355: DAP MPs, Please Do Your Homeworks”,  the Private Member’s Bill  is not about proposing a new Act but it is about amending an existing Syariah Courts (Criminal Jurisdiction) Act, which is to increase the Syariah Courts punishments that are currently limited to imprisonment for a term not exceeding three years or with a fine not exceeding five thousand ringgit or with whipping not exceeding six strokes or with any combination thereof.

So how can the Bill, “risk weakening the country’s constitutional liberties, including religious freedom“?

Firstly, since Act 355 is an existing Act about criminal jurisdiction of the Syariah Courts which only affects persons professing the religion of Islam, how could the increase of the Syariah Courts current existing punishments weakens the country’s constitutional liberties, including religious freedom when the Bill will empowers the teaching of Islam for the Muslims and has nothing to do with people professing other religions?

Instead, the Bill will strengthen the “constitutional liberties,  including religious freedom” of the Muslims because it will give more constitutional rights for the Muslims in professing the true teaching of Islam and to curb deviant teachings that claimed to be the true Islamic teaching.

So, will that pose problems to the council?

In fact, it is MCCBCHST that is “weakening the country’s constitutional liberties, including religious freedom” by interfering into the internal matter of the Muslims and denying the constitutional rights of the Muslims to manage their own religion.

Article 11(3) of the Federal Constitution of Malaysia:

Every religious group has the right— to manage its own religious affairs;

So, in my opinion, since the council does not represent the Muslims and the Bill will not effect the people of religion groups represented by the council the council has no constitutional rights to intervene in the matters of the Muslims and to tell the Muslims how to manage Islam. 

Also said in the same article by Malay Mail Online:

“It has the potential to undermine religious freedom and fundamental liberties as enshrined in Part II of the Constitution. The Non-Muslim’s position too would be in jeopardy under Hudud and they would not have equal rights if implemented,” the group said in a statement.

~Malay Mail Online

I do not understand why the leaders of the council group are so opposed to the Bill that not only will give so much advantages for to the Muslims but also very positive impacts to the society because a Muslims who observes the true teaching of Islam will be a very good citizen and will obey the law of our country.  

So I wonder why that will pose a problem to others.

Stating that:

“Our former Prime Minister Tun Dr. Mahathir Mohamad had warned the PAS government of Kelantan in 1994 against introducing Hudud Law in the State because ‘Hudud Law punishes victims while actual criminals were often left off with minimum punishment,” it said. 

~ Malay Mail Online.

If Tun Dr. Mahathir Mohamad made that statement regarding the Bill, then he clearly does not understand it.

So, the council must stop listening to Tun regarding the matter and please ask for clarifications from the official authorities.

That is why Dato’ Sri Najib Razak must not listen to Tun and oppose the Private Member’s Bill just because Tun Dr. Mahathir Mohamad disagreed with the amendment.





Akta 355: DAP MPs, Please Do Your Homeworks

1 06 2016

Malaysians including the non-Muslims are making all kinds of comments regarding PAS President, Dato’ Seri Haji Hadi’s Private Member’s Bill about the amendments of the Act 355 Syariah Courts (Criminal Jurisdiction) Act 1965 (Revised – 1988) recently.

But the question is, do they understand what is Act 355 and to whom does the Act apply to?

The Act 355 is not a new Act but it is an existing Syariah Courts (Criminal Jurisdiction) Act:

LAWS OF MALAYSIA

ACT 355
SYARIAH COURTS (CRIMINAL JURISDICTION) ACT 1965 (REVISED – 1988)
Incorporating latest amendment – Act A996/1997

In Section 2 of the Act, it is clearly written that the Act 355 only affects “persons professing the religion of Islam”:

Section 2. Criminal Jurisdiction of Syariah Courts.

The Syariah Courts duly constituted under any law in a State and invested with jurisdiction over persons professing the religion of Islam and in respect of any of the matters enumerated in List II of the State List of the Ninth Schedule to the Federal Constitution are hereby conferred jurisdiction in respect of offences against precepts of the religion of Islam by persons professing that religion which may be prescribed under any written law:

Provided that such jurisdiction shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding three years or with any fine exceeding five thousand ringgit or with whipping exceeding six strokes or with any combination thereof.

The Private Member’s Bill  is not about proposing a new Act but it is about amending an existing Syariah Courts (Criminal Jurisdiction) Act, which is to increase the Shariah Courts punishments that are currently limited to imprisonment for a term not exceeding three years or with a fine not exceeding five thousand ringgit or with whipping not exceeding six strokes or with any combination thereof.

So why must DAP Member of Parliaments condemn Haji Hadi for tabling the Private Member’s Bill when the Bill only affect the Muslims, and what rights do they have to interfere into the internal matters of the Religion of the Federation when 100% of the DAP MPs are non-Muslims?

Have they forgotten the Article 11(3)?

And looking for reasons to support their allegations, they claim that the Private Member’s Bill is against the Federal Constitution of Malaysia for the reasons that it is about applying the Hudud Laws when the fact is, the Act 355 is already part of the laws of Malaysia.

It makes more sense for the Muslim Malay Members of Parliament of PKR and PAN to make havocs out of this issue since it will affect them but it makes me wonder why are they so against of the amendments of the Act 355 that will empower the Shariah Courts?

What are they scared of or why are they unhappy about this issue when Muslims must be happy and thankful of the empowerment of the Shariah Courts?

Please stop spinning stories, this is about the constitutional rights of the Muslims, so please stop politicising this issue. 





Is Marina Mahathir Scared Of Hudud?

27 05 2015

Mmo

Referring to the article above, I have several questions for Marina Mahathir, who is a daughter of former Prime Minister of Malaysia, Tun Dr. Mahathir Mohamad.

  1. What kind of Muslim is Marina, to say that she wants to leave Malaysia if hudud is implemented in this country?
    A Muslim should be happier when Islamic law is implemented in his or her country. It will be safer for them because it can turn our country into a more peaceful country. 
  2. “I cannot live in a country where people want to cut off hands, I’m sorry, or stone people to death,” Marina told Malay Mail Online in a recent interview here. What does she understand about Islam and hudud?
    I’m sorry for her because at her age, she still does not understand Islam and the Islamic law; but yet she still want to talk about hudud as if she is an expert on the subject.
  3. Is she scared of hudud? Has she done something wrong that might cause her to be punished under hudud?
    Contrary to what Marina thinks, Islamic law is fair and just. Islam is a peaceful religion.
  4. Marina claims to be a Muslim activist fighting for Muslim rights through an NGO called Sisters in Islam. Why would an ‘Islamic’ activist hate the Islamic law?
    I hope that Marina will understand that it is wrong for a Muslim to belittle the Islamic law.
  5. “She said the Iranian women, who were middle-class elites living in New York, had sounded bitter and were aggressive about keeping religion out of everything, noting that their counterparts had stayed back in Iran and fought from within, when women’s rights were rolled back after Iran became an Islamic state following the 1979 revolution.” Does Marina understand the difference between Syiah and Ahli Sunnah Wal Jamaah?
    Syiah is a deviant teachings which claims to be as a part of Islam. The rules of Syiah is against the rules of Islam. Like other liberals and plurals Marina does not understand Islam. Not only they refer Syiah as a part of Islam, but they are also forcing the Malaysian government to accept the teaching of Syiah as part of Islam; but at the same time they complain about the Syiah law as practiced in Iran.
  6. “It’s natural to me, if I see something wrong, to say something, or to do something,” said Marina. Does she see hudud as “something wrong”?
    If she does, I’m so sorry for her.
  7. “It’s a form of worship. It’s how I act out my life as a Muslim. If you say it’s a way of life, it’s not just about rituals. It’s acted out by trying to do good, to be charitable and to ensure justice,” she added. Is Marina trying to tell others how a Muslim should lives their life?
    A person with no proper knowledge on a subject must not talk as if they are an expert on that subject. Marina who fights for lots of things that is against Islam such as LGBT rights, liberalism and pluralism of religion should not talk about Islam as if she really understands Islam better than others.




Lim Kit Siang Mursyidul Am Baru PAS?

16 05 2015

Di dalam video tersebut, Pengerusi DAP Lim Kit Siang seolah-olah mengatakan bahawa beliau lebih tahu daripada ulama’-ulama’ PAS tentang perlaksanaan hukum hudud dalam program anjuran PAS di Kota Bharu.

Lim Kit Siang berhujah kenapa hudud tidak boleh dilaksanakan sedangkan PAS Kelantan sedang berusaha untuk melaksanakan hukum hudud di Kelantan.

Lim Kit Siang telah dijemput untuk memberi ceramah di program PAS; dan Lim Kit Siang telah mengambil kesempatan untuk menghina PAS tetapi pemimpin PAS yang berada di atas pentas pada hari itu tidak pula berkata apa-apa.

Soalan saya ialah:

  1. Dimanakah maruah PAS sehingga boleh membiarkan pemimpin DAP itu mengajar mereka tentang perlaksanaan hukum Islam?

  2. DAP sudah sering kali membuat kenyataan tentang hudud tetapi yang menghairankan saya ialah bagaimana PAS masih boleh bekerjasama dengan DAP?

  3. Apakah Lim Kit Siang merasakan dirinya lebih tahu tentang hukum Islam berbanding Presiden dan Mursyidul Am PAS?

  4. Pemimpin DAP bebas bercakap tentang hal ehwal agama Islam; apakah tindakan DAP jika pemimpin PAS masuk campur atau mengkritik perkara-perkara yang berkaitan dengan urusan agama mereka?





Supporting Teluk Intan DAP’s Candidate; Where is PAS’s Principle?

19 05 2014

PAS’s deputy presiden, Mohamad Sabu (Mad Sabu) said that PAS will work hard to help DAP’s candidate in the coming Teluk Intan by-election.

Rakyat News reported Mad Sabu said:

“Kami daripada Pas akan berkerja seperti Pas yang bertanding pada PRK Teluk Intan ini.”

This is really funny because Malaysiakini reported that the by-election candidate, Dyana Sofya has made a statement that she will not vote for hudud if she wins the election.

So, PAS will make sure that a Muslim who will vote against PAS’s Hudud Bill in the parliament if she later becomes a Member of Parliament will win the by-election and becomes an MP.

It is really hard to understand when somebody is helping another person to go against them. Kini 1

PAS used to call UMNO’s leader as “kafir” because they said that UMNO’s leaders do not want Hudud.

But why is PAS supporting a Malay DAP candidate, when not just DAP but also the candidate herself is against PAS’s hope to implement hudud?

Moreover, the candidate is a Muslim who doesn’t wear hijab.

PAS condemns the PM’s wife for not wearing hijab; but is not complaining when Dyana is also not wearing hijab.

The PM’s wife is not a leader; but this lady is fighting to be a leader!

PAS’s Vice President, Husam Musa also supports the DAP’s candidate:

“We support Dyana not because of her beauty, but her principles,” – Kluangdiamond.

What are her principles?

To vote against hudud and for not wearing hijab?

May be Husam is so fascinated with the DAP candidate’s principles because PAS has no principle! 





Gambar Sekitar #HimpunanBantahGST

1 05 2014

Today some opposition supporters gathered in Kuala Lumpur for another demonstration called Himpunan Bantah GST or Demonstration Against GST (goods and services tax).

As usual, they are confused and do not really understand what they are fighting for.

Most of them don’t even understand what is goods and services tax.

Look how confused they were:

Look at the play card. Both has nothing to do with GST. Image credit to siemens-melayumaju.

Look at the play card. Both has nothing to do with GST. Image credit to siemens-melayumaju.

The yellow play card describes GST as a tax for the poor people while the white play card has message against TPPA (Trans Pacific Partnership Agreement) saying, “TPPA Makes Malaysia Colony Of USA” that, of course has nothing to do with GST.

Violation Of Child’s Right:

Young children were taken the demonstration. Taking children to take part in demonstration is a violation to the childen's right. Image credit to siemens-melayumaju.

Young children were taken to the demonstration which is a violation to the childen’s right. Image credit to siemens-melayumaju.

It is against Child’s Rights to take children to and make them join the demonstration. 

This can expose them to danger and they can get hurt.

Provocations:

Image credit to http://pengundisetiasungairapat.blogspot.com/

Image credit to pengundisetiasungairapat.blogspot.com/

Image credit to http://pengundisetiasungairapat.blogspot.com/

Image credit to pengundisetiasungairapat.blogspot.com/

Image credit to http://pengundisetiasungairapat.blogspot.com/

Image credit to pengundisetiasungairapat.blogspot.com/

False SMS:

Image credit to Jejari Kami

Image credit to Jejari Kami

The result of the demonstration:

The demonstrators fight against each other, PAS’s Unit Amal vs PKR’s SAMM.

Please click here for the video.

PAS's Unit Amal and PKR's SAMM fighting among themselves. Image credit to pecahpalakmikir.blogspot.com/.

PAS’s Unit Amal and PKR’s SAMM fighting among themselves. Image credit to pecahpalakmikir.blogspot.com/.

 

 

 

 








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