Is Proham Secretary-General Questioning Rights Of The Rulers?

24 11 2014

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A lot of things have been said about the Akta Hasutan or the Sedition Act, a very important Act that was amended in 1970 to protect the stability of our country after a serious racial riot in 1969.

The question is, can the Akta Hasutan be abolished without the Rulers’ consent and is it true that Akta Hasutan is just a “normal Act” and “a colonial-era law made by the British” as claimed by some people?

The Malaysian Insider (TMI) in the above article wrote that Proham secretary-general Datuk Dr. Denison Jayasooria said,

“The Sedition Act is not protected by the constitution. It is a law made by the British.”

TMI also reported that, “the consent of the Rulers is not needed to abolish the Sedition Act 1948, as claimed by defenders of the colonial-era law, Proham secretary-general Datuk Denison Jayasooria said.”

Now, how true is Proham secretary-general’s statement?

A law expert, Tan Sri Dato’ Abdul Aziz Abdul Rahman does not agree with the those statements.

Tan Sri Aziz explains that Akta Hasutan is not considered as a British law any more because it has already been amended in 1970, after the May 13, 1969 racial riot.

The government had identified four sensitive issues as one of the major causes of the racial riot:

  1. Article 153 of the Federal Constitution: Special Rights For The Malays
  2. Article 152 of the Federal Constitution: Malay As The National Language
  3. Part III: of the Citizenship Rights
  4. Article 181 of the Federal Constitution: Rights, Status, Sovereignty Of The Rulers

To avoid more racial riots, Articles 10, 63 and 159 of the Federal Constitution was amended by adding Article 10 (4), 63 (4) and 159 (5) to prohibit any questioning on these issues.

The parliament then passed a law amending the Akta Hasutan under Article 10 (4) of the Federal Constitution by the addition of section 3 (1) (f), making questioning any of the four issues as an offence punishable under the Akta Hasutan.

Therefore, Tan Sri Dato’ Abdul Aziz said that in reference to Article 159 (5) of the Federal Constitution, the consent from the Conference of Rulers is needed to repeal the Akta Hasutan since the Act was amended under Article 10 (4) of the Federal Constitution. 

Article 159 (5) says:

A law making an amendment to Clause (4) of Article 10, any law passed thereunder, the provisions of Part III, Article 38, Clause (4) of Article 63, Article 70, Clause (1) of Article 71,
Clause (4) of Article 72, Article 152, or 153 or to this Clause shall not be passed without the consent of the Conference of Rulers.

Article 10 (4) of the Federal Constitutions says:

In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under paragraph (a) of Clause (2), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

Prof Madya Dr. Syamrahayu Abdul Aziz who is an expert in the Constitutional Laws of Malaysia agrees with Tan Sri Dato’ Abdul Aziz and explains that:

  1. The laws that was passed before Merdeka Day are known as Enactment.
  2. The laws that was passed during the period of Emergency are known as Ordinance.
  3. The laws that was passed after our Merdeka Day but not during the period of Emergency are known as Act.
  4. If an Enactment and an Ordinance has been amended by the Parliament, it will be known as an Act.

So, since Akta Hasutan is an Act and not an Enactment, it is not just a British law as claimed by the Proham secretary-general.

A very senior lawyer, Uncle Dato’ Naser Disa who also agrees with Tan Sri Dato’ Abdul Aziz, told me that in fact claiming the consent of the Rulers are not needed to amend the Akta Hasutan can be an offence punishable under the Akta Hasutan because it is against the Article 181 for questioning the rights of the Rulers.

I agree with Tan Sri Dato’ Abdul Aziz that the people who are pushing for the Act to be abolished actually want total freedom and to be able to question the four sensitive issues that was protected under the Act.

They want section 3 (1) (f) of the Act to be abolished so that they are free to say what they want including to question the four sensitive issues.

Are their personal total freedom are more important than the love for their country?

But the weirdest thing is, those people who are fighting to repeal the Akta Hasutan are the same people who want the vocal Rightist to be charged under the Akta Hasutan.

Is preserving a peaceful country is a wrong thing to do that we need to abolish the important law that had managed to curb racial riots?

If the United Nations wants the country members to obey to certain laws made by them, we as a sovereign country has our rights to keep a law that is good for our country.

I would like to thank Uncle Azril for sending me Tan Sri Dato’ Abdul Aziz’s statements, Uncle Datuk Zulkifli Noordin for Dr. Syamrahayu’s article and Uncle Dato’ Naser Disa for helping me to understand more about Akta Hasutan that helps to understand the facts of this case that enable me to write this post.

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TMI’s “On Religious Authorities” – A Malicious Distortion Of The Truth

21 11 2014

Insider 13

I find the above article from The Malaysian Insider (TMI) as unjustly written, full of lies and using wrong arguments and analogies to wrongly accuse the Islamic religious authorities and the Malaysian government.

It is a malicious distortion of the truth.

Below are my answers to the writer’s statements, TMI’s text is in blue and my answer will be in red.

It seems that whenever we question anything, either the government or those linked to it does, it is seen as a bad thing. And this comes during a period of a prime minister whose initial speech said “the era of government knows best is over”.

So, why is questioning a fatwa a big issue? It is truly not.

A: Official fatwas are Muslim’s guidelines. We are the Muslims of Ahli Sunnah Wal Jamaah. People cannot interpret Islam as they wish or the way they want it to be like the liberals do. I think it is the same with other religions.

Even if we look at the most conservative nations practising Islam, there are landmark changes globally. Iran allows sex reassignment surgeries for their transgender community. However warped their mindset may be, it is clearly different than Malaysians who recently heckled the courts for upholding the constitution.

A: Iran is one of an example of “the most conservative nations practising Islam”? He must be kidding because Iran is not an Islamic country but it is a Syiah country. There are big differences in important matters like akidah between us, the Ahli Sunnah Wal Jamaah Muslims and Syiah followers. The rules of Syiah is against our akidah.

In Saudi Arabia, the authorities are now mulling over giving women the right to drive cars, a fatwa which is decades’ old and has only been vocally challenged in the last five years.
We have seen Muslim-majority countries that are moving forward in issuing religious edicts or limiting the viability of such rules and regulations to allow moving ahead together as a nation.

A: Driving has nothing to do with akidah, unlike LGBT. Malaysia never ban women from driving. Women are free to drive buses, lorries or even to become commercial pilots. 

And yet in Malaysia, we continue to limit the general public and civil stakeholders from venturing an opinion without being heckled, or in the case of Sisters in Islam, having a fatwa quietly gazetted banning them.

A: Sisters in Islam (SIS) leaders are liberal activists. Liberalism is against Islam. They tell people that they understand Islam better than our Muslim scholars and Muftis but they do not follow even the basic rules like to cover their aurat. They do not respect Islamic rules and want liberal rules to be accepted as Islamic rules.

It is truly nonsensical that in this day and age when other nations are talking about matters which are truly important such as poverty eradication, the lack of knowledgeable human resource, and pushing for better public transport – we are stuck discussing, and even going so far as to file police reports, a tourist attraction dedicated to a Hindu deity placed on a bottle of water next to a “Halal” logo.

A: Islam is the religion of the Federation of Malaysia, so in Malaysia everybody must respect Islam. The halal logo was placed at a lower part of the mineral water bottle than the Batu Caves picture. In our custom, that shows disrespect to the religion of the Federation. I guess in Vatican City, they also have rules to respect Christianity more than other religions suitable to their customs that people over there must respect.

The Malaysian government has done much more than solving the problems of “poverty eradication, the lack of knowledgeable human resource, and pushing for better public transport”. But there are people who are never thankful and only look for ways to complain and cause troubles to the country to put down the government.

Even worse: we have Malaysian Muslims who think cross-dressers are a threat to society by promoting a lesbian, gay, bisexual and transgender (LGBT, if you still don’t know what that is) lifestyle.

A: LGBT is against Islam and so are cross-dressers. Malaysia does not sign the SOGI Rights.

Permit me to point out that a guy in a dress has nothing to do with their sexual orientation, especially when Saddam Hussein and Osama Bin Laden chose to wear a burqa to escape their hunters.

Would you accuse them of being sodomites, too?

A: Will a man who is not LGBT supporter wants to look like a woman and wear a dress in public without any purpose?

re: “Saddam Hussein and Osama Bin Laden chose to wear burqa to escape their hunters”.

There is a huge difference between men wearing women’s clothes to escape from danger or to save their lives or for other important reasons like investigating a certain case compared to men who always wear them including in public because they like and proud of wearing them, saying that they have the rights to do so.

Fatwas should be up for question because while the religion stays true, its followers evolve. There was once a limited source of knowledge specific to Islam from muftis and imams, and perhaps PAS for the more politically inclined.

A: We cannot change a religion, changing means liberalising and that is against Islam. To question a fatwa, a person must be at least as knowledgeable as the members of the fatwa council on Islamic matters. PAS is not an Islamic party because like SIS they only use the word Islam for their own agendas. 

However, with the advent of the Internet, anything and everything about Islam and other religions can be found online. Intellectual debates can be seen on YouTube as raging, trolling debates rage on news portals and social media aplenty.

A: We can find lots of things from the internet including lies like this article from TMI. How can a person who does not understand a subject take part in intellectual debates on the subject or be a judge on problems regarding the subject?

Malaysian Muslims can not only listen to the lectures of Azhar Idrus, but can also go as far the BBC to see debates of Islam versus Science.

A: Yes, I agree that we must not listen to Azhar Idrus and his ‘fatwas’. I wrote about one of them: Ustaz Azhar Idrus: “Islam Dan Kristian Bertuhankan Allah?”

The internet sparked a revolution of information being streamed, “torrented” and read online without control, allowing Malaysian Muslims to seek counsel outside the boundaries, and this is what has made our religious authorities very nervous to the point of stupidity.

A: It is the main duty for our religious authorities to protect the akidah of the Muslims in Malaysia. Article 11(4) of the Federal Constitutions gives the rights for the states in Malaysia to have state laws to control or restrict the propagation of any religious doctrine or belief among Muslims. Prevention is better than cure.

What was once a monopoly of information by the religious authorities is now apparently threatened by Malay-language Bibles and Irshad Manji books. Not Ayaan Hirsi Ali, Ann Coulter, Bill Maher, Richard Dawkins, whose books are widely available and for everyone to read and buy either online or at a local bookshop.

A: The religious authorities are not threatened by the Malay bibles or Irshad Manji books. They are only doing their duty because any bible that calls the Christian god as Allah is against most of the states’ laws in Malaysia. Irshad Manji books are about deviant teaching but she claims them as the true teaching of Islam. Promoting deviant teachings to Muslim is against the law of Malaysia. All countries have laws to protect their constitutions and people.

They have lost control over the access to information; so clinging to this moral authority has resulted in stupidity beyond measure. Instead of opening issues for debate, our government-led religious authorities have instead decided it is better to outlaw those who talk back.

A: Religious authorities have lots of other more important things to do to benefit the Muslims. 

Never since the schism of the Christians by Martin Luther, creating the Catholics and Lutheran churches and subsequently the Protestant denomination, has any religious authority done something so despicable.

Questions lead to enlightenment. The ability to debate and discuss everything – even faith – is a must. While this is definitely encouraged, what matters is also how such affairs are debated.

A: A rule is not made to be broken even if one does not like it. In Islam not everything can be debated and denying Allah’s rules affect our akidah and cause a person to be a murtad or an apostate.

It is one thing to say our religious authorities are out of sync with the rest of the world, but it is totally another for us to blame it on the religion itself.

Tact, respect and even the ability to access information are a necessity in order to discuss these issues intellectually and with a level head. Personally, Islam should not be limited for discussion among Muslims because it has now become a national issue.

A: Muslim authorities in Malaysia do not interfere with people of other religions unless people of other religions slander, humiliate, interfere in Islamic matters or other similar things in order to protect Islam and the Muslims.

When you steal the bodies of the deceased, kidnap kids from parents, stop people from getting married on their wedding day, confiscate Bibles or even raid bookstores and take managers to court, I am pretty sure you are affecting the lives of non-Muslims as well.

A: These are lies and the writer spins the facts of the cases to unjustly accuse the Muslim authorities. 

So, religious authorities have affected not only national unity, but have created a schism in national unity and harmony that will not be resolved easily. – November 18, 2014.

A: People like the writer who write and spread lies are the ones that “have affected not only national unity, but have created a schism in national unity”.





PAS Made Another U-Turn

2 09 2014

PAS’s Fadli Ghani made a statement saying that PAS wants ‘ketuanan Melayu’.

Insider 8

Everybody knows that UMNO fights for ‘ketuanan Melayu’ while PAS has always been against it and for that reason, they accuse UMNO as ‘assobiah’.

In fact, PAS’s spiritual leader ( Musyidul Am PAS), Datuk Nik Abdul Aziz Nik Mat said that UMNO does not follow the Prophet Nabi Muhammad S.A.W. because UMNO fights for the Malays.

And even PAS’s president said that UMNO is assobiah for fighting for the Malays.

There are articles like Nik Aziz: Tiada Istilah Ketuanan Melayu Dalam Islam by Malaysia Today, Ketuanan Melayu: Nik Aziz Pohon Raja-raja Melayu Selesai Guna Al-Quran by TMI and others stating PAS’s stance against ‘ketuanan Melayu’ that UMNO fights.

But suddenly, a PAS youth leader Dr. Fadli Ghani said that PAS fights to protect the ‘ketuanan Melayu’ while UMNO is fighting for the Malay Rights and not for ‘ketuanan Melayu’ as what was reported by The Malaysia Insider (TMI).

This is the first time I heard that it is PAS who fights for ‘ketuanan Melayu’!

Is Dr. Fadli Ghani confused or is PAS making another U-turn?

He went on to say that PAS always wants to make Islam the official religion of Malaysia, unlike UMNO who makes Islam the religion of the Federation of Malaysia.

Dr, Fadli claims that as Islam is stated in the Federal Constitution of Malaysia as the religion of the Federation of Malaysia, that makes Malaysia a secular country!

Katanya, apabila Islam disebut sebagai agama Persekutuan dalam Perlembagaan, maka ia secara tidak langsung menjadikan Malaysia sebuah negara sekular. “PAS berpegang Islam mesti menjadi agama rasmi supaya Islam boleh ditegakkan secara adil. “Umno berpegang Islam menjadi agama Persekutuan dengan maksud negara ini berpegang kepada keduniaan atau negara sekular,” katanya. – TMI

Is Dr. Fadli Ghani really, really confused about these issues or is he trying to spin facts to confuse other people about the meaning of a Secular State?

Article 3(1) of the Federal Constitution says that:

“Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation”.

And because Islam is the religion of the Federation, it means that Malaysia is an Islamic country as what PAS claims what it is fighting for.

I wrote a few post on why Malaysia is not a secular country; please read,  “Gobind Singh: Malaysia Is A Secular State – Another Fairy Tale?” and Is Malaysia A Secular State?

A very senior lawyer, Datuk Hj Naser Disa said that if Islam is only the official religion of Malaysia, that means Malaysia has other unofficial religions; having more that one religion means Pluralisme of Religion which is against the teaching of Islam.

So how could having Islam as an official religion is more Islamic than having Islam as the religion of the country?

Does PAS leaders really want Malaysia to be a Secular State when at the same time the same leaders tell their supporters that they are fighting for an Islamic State?

Is this another U-turn by PAS?

Politicians must not talk on the subjects that they do not understand and they must learn from lawyers who are expert in Constitutional Law like Uncle Naser Disa and Dr. Shamrahayu A.Aziz before speaking on topics related to Constitutional Law.

(Please click here for: Video: Naser Disa Polemik Isu Kalimah Allah)





TMI Suruh Khalid Derhaka Kepada Sultan?

19 08 2014

Insider 6

Above is an article by The Malaysian Insider (TMI):

It wrote:

“All signs point to the fact that Khalid has lost his job. That he should go. He should inform the state ruler of that immediately and not wait to seek an audience. Why should Selangor suffer a week or two more with a menteri besar in name but without any support?” – TMI

So, is TMI pushing Tan Sri Khalid to quit immediately without a royal audience?

Apart from that, TMI also wrote:

“But why wait for the sultan to decide his fate? Why hide with palace protocol?” – TMI

Is TMI trying to accused Tan Sri Khalid as being power crazy and forcing Tan Sri Khalid to go against the Sultan’s orders?

Selangor MB, Tan Sri Khalid Ibrahim had tried to seek an audience with the Sultan who is overseas at the moment to inform the Sultan about what is happening and to seek for the Sultan’s advice.

But the Sultan of Selangor told Khalid to wait until he comes back, and that is why Tan Sri Khalid is still the MB of Selangor; because the Sultan says so.

What ever Tan Sri Khalid wants to do next, he must first seek an audience with the Sultan.

He obeys the Sultan’s orders and is not trying to force the Sultan like what Anwar Ibrahim, his gang and some of TMI’s commentators are doing – forcing the Sultan of Selangor to accept Wan Azizah only because Anwar wants his wife to be the MB.

Remember that Tan Sri Khalid gave his pledge on 10 Aku Janji or undertakings and he is keeping his words.

After all these jokes started by Anwar’s Kajang Move, I now admire and respect Tan Sri Khalid Ibrahim.

BvTnrf5CEAAs_y2





The Malaysian Insider Caught Lying

18 05 2014
Credit to Cucu Tok Selampit.

Credit to Cucu Tok Selampit.

The Malaysian Insider (TMI) did it again!

TMI reported that Prime Minister Datuk Seri Najib broke his promise to attend the wedding of ex-Terengganu MB.

But please look at the photo below:

Credit to Cucu Tok Selampit.

PM Najib attending the wedding of the daughter of ex-MB of Terengganu. Credit to Cucu Tok Selampit.

So, TMI was caught spinning stories again.

And the best part is, TMI has deleted the post!





Attack On Nuns: TMI, Please Do Not Instigate Hatred

16 05 2014

The Malaysian Insider (TMI) wrote a lot of articles about the robbery at the Church of Visitation in Seremban.

Click image for the article
Click image for the article.

In the above article, TMI reported as if the incident was not a robbery but it was a hate crime by an extremist because of religious differences.

TMI published hatred words of slander toward others, especially the Muslims and the government.

TMI reader PNL wrote: NUNS do not carry expensive handbags or wear jewellery!!!!!!!! Just what can the coward robber hoped to get from these nuns????????  This is really getting out of hand!!!!!  Besides we have NEVER heard of nuns getting robbed!!!!!!
“What was there to rob from a nun? A prayer rosary?” asked Harjim.
“Looks like a setup by some religious extremist to make it look like robbery but was in fact religious hatred and intolerance,” said BolehBoleh – TMI (Attack on nuns: Was it a robbery or hate crime, ask netizens).

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Click image for the article.

Anyway, in the above article TMI reported that two nuns who were in ordinary clothes and not dressed as nuns!

The two victims, from the Infant Jesus Order, were dressed in ordinary clothes, instead of their habits – TMI (Attack on nuns not a hate crime, say police).

And as it was dark at the time, the robbers may not know that they are nuns.

So, how were they so sure that it was a hate crime if the robbers did not even know that the victims were nuns as they were dressed in ordinary clothes?

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Click image for the article.

In this article, TMI reported that:

Snatch thefts and wayside robberies are almost weekly occurrences around the Church of the Visitation in Seremban, where two nuns were viciously attacked early yesterday morning –  TMI (Area near Seremban church a crime hotspot, says parishioner).

So, the area lots of snatch thefts and wayside robberies in the area by ” people on motorcycles, wearing full-faced helmets,” as reported by TMI in the above articles.

TMI, please do not instigate hatred and do not give people wild ideas to blame others.

This shows how TMI’s own reports contradict and how TMI tried hard to instigate hatred towards their enemies.

Related Post:

  1. Kenapa Malaysian Insider Marah Buku MAIS, “Pendedahan Agenda Kristian”?





Kenapa Malaysian Insider Marah Buku MAIS, “Pendedahan Agenda Kristian”?

10 05 2014

The Malaysian Insider (TMI) made a big issue about MAIS’s new book entitled, “Pendedahan Agenda Kristian”.

Click image for the article
Click image for the article

I wonder what is TMI’s intention in highlighting the issue?

From the articles written by TMI about the ‘Seminar Kristiologi Dan Mempertahankan Kalimah Allah’, I do not think that TMI is trying to promote the book.

Has TMI being fair in their reporting or did they have hidden agenda?

And after reading the comments written by TMI’s readers, I guess TMI did a good job if their intention is to spew hatred towards MAIS, UITM, PDRM, the Muslims and the government.

Those readers wrote crazy comments in harsh words and bad language bashing the Muslims, MAIS, Muslims activists and the government over the book that they have not read.

Isn’t it crazy to spew nasty words over a book that they had not read?

If TMI has good intention, why didn’t they mention what was written in the book’s introduction page?

IMG1350-1

The book did not tell the Muslim to hate the Christians as what TMI might meant to imply.

In fact it tells the Muslims not to hate the Christians.

I read the book, but have any of the TMI readers read the book before slandering MAIS, Muslims activists, the Muslims and the government?

Before we make a judgement, we must check the facts.

So before they judge the book, they must read the book.

What is wrong about students reading a book about the Christianisation strategy? 

That is better than reading entertainment magazines or taking part in anti GST demonstration when they themselves do not know what is GST. 

Not every body wants to be like PAS’s Mujahid Yusof Rawa who is ready to bash at anything that hurt his unofficial boss but says nothing when his boss, Haji Hadi (PAS’s president) was bashed by TMI.

(Please read: Bekas Mufti Hina Pembela Islam).








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