Hudud, my OPINION.

Recently there has been a lot of hue and cry regarding the issue of implementing Hudud & Qisas in Malaysia by the Pakatan Government should Pakatan form the Federal Government. It all started from the recent forum where the infamous KJ (SIL) provoked the unprepared Husam Musa on issues of Hudud, of which Husam Musa replied that should Pakatan formed the Federal government, Hudud will be implemented.

That statement proved to be a time bomb within Pakatan members. Of course, my Party stand is "NO to Hudud or Islamic State". Kit gave a press conference on it explaining the Party stand on the matter and it is not Pakatan's policy. PKR de facto is still (as at to date) silence about it. A lot of other members of Pakatan trying to explain one way or another. Subsequent of course, Husam Musa back-tracted his statement albeit making some people not be too happy about it and worst still it will be a gala time for Beeend to politicise it during the Kuala Terengganu by-election. Read here for Husam's about turn.

MCA and MIC is definitely in a political fiesta mood about it. It is undeniable a time bomb for Pakatan.

So what is Hudud? Now on a quick search in wikipedia. Hudud offenses are defined as "claims of God," and therefore the sovereign was held to have a responsibility to punish them. All other offenses were defined as "claims of [His] servants," and responsibility for prosecution rested on the victim. This includes murder, which was treated as a private dispute between the murderer and the victim's heirs. The heirs had the right to compensation and to demand execution of the murderer like Qisas (retaliation), but they could also choose to forgive.

It is known that Hudud offenses include: drinking alcohol, highway robbery, illegal sexual intercourse, false accusation of zina, Rebellion and Apostasy (Unlike the five offenses listed above, not all jurists consider apostasy to be a hudud offense). Accordingly, in traditional Islamic legal systems, there were very exacting standards of proof that had to be met if hudud punishments were to be implemented.

The punishments vary according to the status of the offender - Muslims generally receive harsher punishments than non-Muslims, free people receive harsher punishments than slaves, and in the case of zina', married people receive harsher punishments than unmarried.

In brief, the punishments include:

• Capital punishments - by sword/crucifixion (for highway robbery with homicide), by stoning (for zina' when the offenders are mature, married Muslims)
• Amputation of hands or feet (for theft and highway robbery without homicide)
• Flogging with a varying number of strokes (for drinking, zina' when the offenders are unmarried or not Muslims, and false accusations of zina')

That is in short what Hudud would mean.

My opinion is simply this, should there be implementation in the future, I think there must be long term and constant discussion and debate on the matter. Non Muslim (the majority) are relatively ignorant of it including myself. It is like implementing a piece of legislation which forcing non Muslims to NOT do like the consumption of alcoholic drinks.

I think Biblical laws through the mosaic laws in the Bible especially in Leviticus is much harsher and comparably the same. So as for me, Hudud or not, it's all about the best marketing skill PAS needed to convince their friends and foes. And it all subject to whether Non Muslim especially is comfortable with such implementation. And should the Non Muslim feel comfortable with it then who knows Hudud and Qisas will be accepted by Malaysians.

On a lighter note, maybe I would like to suggest an amputation of the hand for those guilty of corruption and just imagine when you walk in the streets in KL and found those with limbs amputated, hmmmm, then we probably know that he is either a Division Head or higher in a political party that practices 'politik wang'. Haha.

What say you NAJIB?

I did a cut and paste press statement from YB Ngeh regarding the recent statement by the DPM on the issue of whether the Perak State Government is permitted to convert leasehold titles into freehold titles.

So Najib, what is your say now?

Press Statement by Ngeh Khoo Ham in Perak on Wednesday, 24^th December 2008:

LEGAL OPINION ON THE CONSTITUTIONALITY OF THE PERAK STATE GOVERNMENT TO PERMIT THE CONVERSION OF LEASEHOLD TITLES INTO FREEHOLD TITLES

It is reported in the media on 24-12-2008 that the DPM Datok Seri Najib Bin Tun Razak said that State Governments cannot make decision on land ownership without referring to the National Land Council. According to the press the DPM was commenting on the Perak Government’s proposal to issue title in perpetuity to the New Villages and Kampung Tersusun land.

To examine the legal validity of DPM’s comments it would be necessary to refer to the relevant constitutional provisions that govern the relations between the Federation and the States as encapsulated in Part VI of the Federal Constitution. In this connection Article 74 (1) and (2) of the Federal Constitution read as follows:

74(1)	Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).
(2)	Without prejudice to any power to make laws conferred on it by any other Articles, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Nineth Schedule) or the Concurrent List.

It is pertinent to note that “land” falls under the Second List of the 9th Schedule to the Federal Constitution. Consequently the jurisdiction over land belongs to the State Government.

As for the National Land Council its establishment is provided under Article 91 of the Federal Constitution. The composition of the NLC is as follows: a minister as chairman; one representative from each of the States and a maximum of 10 representatives of the Federal Government.

The National Land Council appears to have no legislative powers. According to Article 91(5) of the Federal Constitution it shall be the duty of the National Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the National Finance Council a national policy for the promotion and control of the utilization of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

To amend and consolidate the laws relating to inter alia land and land tenure Parliament has enacted the National Land Code (Act 56 of 1965) in pursuance of Article 76(4) of the Federal Constitution (hereinafter called “the NLC”). By virtue of LN 474/1965 the National Land Code came into force in each state on 1-1-1966.

On reading Section 76 of the National Land Code and the definition of “alienate” in Section 5 of the NLC (which means “to dispose of State land in perpetuity or for a term of years in consideration of rent and otherwise in accordance with the provisions of Section 76), it is clear that the State Government is empowered under Section 76(aa)(iii) of the NLC and at liberty to implement the aforesaid proposed conversion without the necessity of having to wait for any decision of the National Land Council on the matter as stated by the DPM. The action of the Perak State Government does not contravene any statutory provision. In this connection Section 76(aa)(iii) of the NLC expressly stipulates as follows:

76 “The alienation of State land under this Act shall consist of its disposal by the State Authority:-

(a)	for a term not exceeding ninety-nine years;
	(aa)	in perpetuity –
	(iii)	where the State Authority is satisfied that there are special circumstances which render it appropriate it to do so”

The NLC contains no definition whatsoever on the meaning of “special circumstances”. It would appear from a plain reading of Section 76 (aa)(iii) that Parliament has left to it to the wisdom and discretion of the State Authority to determine the contents of “special circumstances”. It is the satisfaction of the State Authority rather than the National Land Council that is of paramount importance; it is for the State Authority to decide whether the alienation of the State land should in a given situation be in perpetuity or a leasehold. In other words the body that is duly vested with powers to decide whether a leasehold or freehold title should be issued is a State Authority and not the National Land Council.

There is no statutory provision in the Federal Constitution or the NLC which prohibits the above conversion exercise by the Perak State Government. There is no need for the Perak State Government to wait for any decision by the National Land Council on the matter.

In the absence of any legal impediment the Perak State Government can lawfully proceed to implement the proposed conversion of leasehold title into title inperpetuity and ignore the opinion of the DPM which is devoid of any statutory support. The opinion of the DPM that “Perak cannot implement this until decision is made by the Council is at best misconceived; in the words of Shakespeare it is “Much Ado About Nothing”. It is a pity that the BN Government is still obstructive rather than supportive of the said visionary exercise by the Pakatan Rakyat which the BN Government failed to do anything despite 51 years of rule

Blessed Christmas

I just want to wish my relatives, friends, readers and all a Blessed Christmas.

I like many of you would have received Christmas sms greetings. I received so much till it jammed by inbox. But nevertheless I want to thank all who had sms me and send those wonderful greetings. And of course I wish to thank those that have send me cards using snail mail, THANK YOU.

Honestly, I was not celebrating (or rather not in my usual scale) as my wife will be delivering anytime this week. So it was just a lot of anxiety in me, bringing her whatever I go just so afraid that she will bomb at anytime. There are many usual scare but Baby Pris seems not wanting to come out.

So what is Christmas to us? Me personally, it is not just what we usually see commercially in the shopping complexes. It is not Santa Clause. It is not Rudolph the Red Nose Raindeer. It is not Jingle Bells, Jinggle Bells. It is never about shopping or resting at home but it is about JESUS. It is about God's greatest gift for mankind. It is about gladtidings and good will towards men. Yes, salvation belongs to my Lord. And that is what Christmas is for me.

Therefore it is my desire to see peace and joy and goodwill towards men in this Christmas not only for myself but Malaysia and to the world at large.

How nice to see people respecting one another colour and creed and religion. How nice would it be for all of us to enjoy each other company and take care each other wellbeing. How nice if we can live with such genuine unity and harmony and not suspicious of one another.

I, for certain will be looking forward for a great year. And I am praying that there will be goodwill towards men regardless of creed, race and religion. I believe that one day all of us will disregard our race and the colour of our skin and simply call ourselves MALAYSIAN and be proud of it.

That is Christmas, that I so long for it for my country, Malaysia.

Blessed Christmas to You

Making the Police STUPID

I read the Star this evening and found this latest entry on JERIT handling a memo to Senator T. Murugiah, the Minister in the PM's department and was amused with the logic given by the police during their cycling campaign. I must salute JERIT for their determination though 111 arrest, sexual harassment, police harassment, got their bicycle torched and flamed, persistently abused by pro establishments (u know what I mean, especially members of U Must Not Object members) and the many other old fashioned mathod of intimidation.

But nevertheless, I think I must applaud the Senator for receiving the memorandum and at the same time....

I feel 'bangga' that there are rakyat Malaysia who would just went all out not fearing intimidation of wanting to see CHANGE. Change to among other things discriminating policies and laws, requesting for the minimum wages acts, stop the privatisation of public facilities, control the prices of goods and restore local government elections. These are all warranted request that are good for the country and her people. So why not? deliberate it in Parliament and let our law makers debate it and fight it out.

But what is more embarassing, is our men in blue and the pro establishments chaps. Yes, included the police. Why the harassment? Why the insult and the abuse? Why the use of arbitrary force? Why the threat? It shows the acts and conducts of the police are inter alia:-

i) shallow and unintelligent. In short STUPID
ii) a poo poo undemocratic organisation
iii) insult to Malaysia and her people
iv) discriminating, what about the Rempits??
v) very unnecessary and uncalled for
vi) a waste of public funds
vii) abusive and ruckus
viii) questionable
and many more.....

Like Kit says, "“commended” the police for highlighting the campaign -- without the alleged police harrassment, the event would not have received so much attention locally and internationally"

A big thank you to them for making JERIT famous.

JERIT....what is so wrong about it?

My patient is killing me.

Seeing the police or some 'people' with much enthusiast, either stopped, burned, detained or now arrested members or their children (oops error....protecting the children from being exploited) from cycling. Cycle for Change.... why not?

Now compare that to Mat Rempit menacing the city in KL and elsewhere. I am wondering why can't the police show some decency in arresting this menaces.

At least the cycling activity has an agenda that is beneficial to Malaysian society compare to the Mat Rempit who only endanger lives of people and that include the police. There are events that police officers were injured by these dare devils who couldn't care less for their own lives.

What so wrong about Cycle for Change? Just because they do not have permits?

I sincerely think it is a good agenda. A good and healthy environment for society. Instead of arresting their activity, it should be encouraged. An activity that attracts the young. Compare that to drug and alcohol abuse.

I think the police should just focus themselves and not be so selective in prosecuting.

Should She Be Charged?

I think the issue at hand is should this 16 years old girl be charged.

My view is that I think the law on attempting suicide should be revisited or reviewed with a view of protecting the life of those that attempt suicide. This is a psychological and emotional issue rather than the issue of guilt.

The government through Parliament should consider other area of psychological and emotional help rather than a head-on with emotions which may further attribute a real physical danger to the person.

©News Straits Times (Used by permission)

KUALA TERENGGANU, WED:

A 16-year-old girl was charged in the Magistrate’s Court here today with attempted suicide.

No plea was recorded after the charge was read out to her before court registrar Khairul’Anuar Ibrahim.

She was charged with attempting to jump off the roof of Hotel YT Midtown on Nov 21.

Khaurul Anuar allowed bail of RM2,500 with one surety and fixed Jan 22 for mention.

The charge carries a maximum one year’s jail or a fine, or both, on conviction. Insp Nelson Ensit appeared for the prosecution while the girl was not represented.

My Utmost Respect

The Sultan of Selangor has my utmost respect and I am humbled by His highness gesture and goodwill in awarding Miss Low Siew Moi who is as acting general manager of the state economic development corporation a 'Datukship'. It was unexpected but a show of endorsement whose appointment is marred by controversy.

His Highness' award shows off grace, granduer, dignity, integrity and magnificence of the Selangor royal household that surpasses ideology, race, politics and religion.

Daulat Tuanku!
Daulat Tuanku!
Daulat Tuanku!

----- Taken from the Malaysian Insider

KUALA LUMPUR, Dec 11 — Sultan Sharafuddin Idris Shah, the Sultan of Selangor, has made an implicit endorsement of the recent appointment of Low Siew Moi as acting general manager of the state economic development corporation (PKNS), by awarding her a Datukship.

Low, whose appointment on Nov 1 sparked controversy following protests from politicians and other groups who argued a Malay should have been given the post, was one of just 20 people awarded Datukships on the occasion of the Sultan's birthday today.

By awarding her the Datukship, the controversy is likely to be put to rest as few groups would like to be seen to be challenging the appointment of someone who has just been awarded a state title.

Low, a 35-year veteran in PKNS, was awarded the Datuk Sultan Sharafuddin Idris Shah (DSIS) (Second Class) award.

She had been appointed to the post of acting general manager on a one-year contract by Selangor Menteri Besar Tan Sri Khalid Ibrahim, who said a suitable Bumiputera replacement would be selected eventually to be her understudy.

It is understood that Low's appointment is part of efforts by the Pakatan Rakyat state government to revamp operations at the state agency, which is facing huge losses.

But Low's appointment as acting PKNS general manager drew objections from various quarters, including six PKNS unions, which claimed that it did not fulfil the aspirations of the establishment of PKNS which was to upgrade the socio-economic status of Bumiputeras.

Khalid remained adamant that Low would be the PKNS acting general manager until November 2009.

He argued the appointment of one non-Malay would not erode the rights of the Malays.

The controversy came as the volume of debate grew over race relations issues.

It also came amid the backdrop of unhappiness among some Malay nationalist groups who felt non-Malay communities were beginning to challenge and question Malay rights.

But the Selangor Sultan and some of the other Malay Rulers have made concerted efforts recently to step in and diffuse any racial rows.

In recent interviews, the Sultan has assured both the Malays and non-Malays that their rights were protected.

He has also refused to take the bait of appearing to supporting any group or political party. The Sultan has expressed unhappiness with politicians for exploiting race.

Macam Mana?

Zaid (left) kena sack

Aris Shah macam mana?

The man who shoot to fame by challenging his former mentor, DSAI in the Permatang Pauh is seen attending PKR's function. So will he be disciplined or rather sack as such as action according to the Prime Minister when commented on Zaid Ibrahim's conduct in attending Opposition function as going against the spirit of Barisan Nasional.

So Aris Shah, will he be sack....

Malaysia belongs to ALL

"Malaysia belongs to all races, not just the Malays. The country is what it is today because of the contributions of all races and that is something we must acknowledge," said His Majesty, the Sultan of Selangor.

I found this in the Malaysia Insider and I am totally in support of His Highness exclamation.

Let the constitution prevailed in Malaysia.

Daulat Tuanku!
Daulat Tuanku
Daulat Tuanku

Selangor Sultan unhappy with politicians exploiting race

By Leslie Lau

Consultant Editor

KUALA LUMPUR, Dec 2 — The Sultan of Selangor Sultan Sharafuddin Idris Shah says he is disappointed with the manner in which some politicians exploit racial issues for their own agenda.

Speaking to The Star newspaper in an interview published today, the Sultan's remarks comes amid a heated debate sparked by a raft of recent public comments about race relations and the concept of Malay Supremacy.

His comments are also the latest sign of a more vocal royalty which appears to be filling the vacuum left by a lack of political leadership.

The Sultan said he was disturbed by how some politicians preferred to dwell on what he called trivial issues instead of focusing on dealing with the economy.

"Malaysia belongs to all races, not just the Malays. The country is what it is today because of the contributions of all races and that is something we must acknowledge," he said.

He also acknowledged, however, that it was his initiative to have the recent Conference of Rulers issue a statement defending the social contract, which has also been the subject of roiling debate recently.

"People need to understand that the social contract is the primary basis for the formation of Malaysia. Let's not debate it because it is better for the rakyat to understand the history behind the social contract," he said.

He said the rights of the Malays were well protected and could not be taken away without the consent of the Rulers.

But he said the Rulers also felt that non-Malays should not feel apprehensive over their rights as these rights are also guaranteed.

GGMM Mohd Apis and lawyer ....You are so Wrong

Found this in Malaysia Insider and was a little surprised with the lawyer's understanding on the 'Ketuanan Melayu' issue. I must say that he fails to appreciate the constitution and that nothing in the constitution translated or gave strength to the word Malay Supremacy. I echo the views of Gerakan President to just change the words of Malay Supremacy or Ketuanan Melayu to that of 'hak keistimewaan orang Melayu' or Malay privileges. And I can assure Malaysians and Malays that Soi Lek had never in his wildest dream challenge Malay privileges. It was just Malay Supremacy.

And I reiterate here that I am not questioning the special position of the Malay, agama Islam or bahasa Malaysia.

In fact I will defend the constitution of this country and that would mean defending the special position of the Malay and the natives as stated in Art 153, Islam in Art 3, and the special position of Bahasa Malaysia in Art 152.

GGMM count me in and I will defend them.

I wish to further reiterate Article 8:
(1) All persons are equal before the law and entitled to the equal protection of the law.
(2) Except as expressly authorized by this Constitution, there shall be no discrimination against
citizens on the ground only of religion, race, descent or place of birth in any law relating to the
acquisition, holding or disposition of property or the establishing

So please be clear Mr Mohd Apis and Mr. Lawyer for GGMM, you are so wrong.

Malay group wants Soi Lek to pay RM2 million for citizenships granted during Merdeka

By Adib Zalkapli

Dr Chua Soi Lek asked to pay RM2 million to group for remarks on Malay leadership and supremacy

KUALA LUMPUR, Dec 1 - A Malay rights group is demanding MCA deputy president Datuk Seri Dr Chua Soi Lek pay RM2 million in compensation for allegedly questioning the special position of the Malays.

Mohd Apis Johar from the Young Malay Graduates Movement (GGMM) said he was disturbed by remarks made by Dr Chua late last month, in which he said he accepted Malay leadership but not Malay supremacy.

"Before Merdeka, with a stroke of a pen, two million non-Malays were granted citizenship," the group's lawyer Khairul Azam Aziz told reporters.

MCA official Yap Chin Chin,partly hidden, receiving the letter of demand from lawyer Mohd Khairul Azam. Yap said that she would forward it to the party's leadership. - Picture by Choo Choy May

He added that the money would be donated to any organisation interested in the advancement of the Malay community.

In its notice of demand addressed to Dr Chua, the lawyer who acted on behalf of Mohd Apis, also urged the former Labis MP to retract his statement an issue a public apology.

"The statement of apology must be approved by us on behalf of our client before it is uploaded to your blog," said Khairul Azam in the notice.

He added that they would proceed with legal action if Dr Chua fails to comply with his demands.

GGMM also wants everyone to stop questioning Malay supremacy.

Its spokesperson Nik Rizman Sapian said the group is not linked to any political party but merely interested in defending Malay rights.

"For those who question Malay rights as stated in the constitution, we will not hesitate to take action," said Nik Rizman.

Earlier, the small group, who were outnumbered by members of the media, marched from the Ampang Park LRT station to Wisma MCA to hand over the notice.

The notice was received by MCA official Yap Chin Chin, who said that she would forward it to the party's leadership.

Dr Chua's remarks on Malay supremacy has drawn criticism from Malay leaders including Umno Youth chief Datuk Seri Hishammuddin Hussein who reportedly said that it would be better for BN component parties to join the opposition if they continue harping on the issue.

MCA president Datuk Seri Ong Tee Keat has distanced himself from his deputy by saying the remark is not the party's stand.