Open Letters

Submission of AMICUS CURIAE on behalf of George Bush & Tony Blair at the Kuala Lumpur War Crimes Tribunal 22 Nov 2011

2011-11-25T00:05:00.005+08:00

KUALA LUMPUR WAR CRIMES TRIBUNAL

Case No. 1 - CP - 2011

The Kuala Lumpur War

Crimes Commission

Against

1. George W. Bush

2. Anthony L. Blair

Submission of AMICUS CURIAE on behalf of both the Accused at the Kuala Lumpur War Crimes Tribunal sitting from 19 - 22 November 2011

Honourable members of the Tribunal,

I apply now to Court to have marked as exhibit the memoir of George Bush entitled “Decision Points” and the memoir of Tony Blair entitled “A Journey”. This is their answer to the charges levelled against them; in their own words.

I also apply to Court to note on the record that I adopt our earlier submission, that there was no case to answer, for this stage of the proceedings.

As Amicus Curiae appointed by the Tribunal to assist the Tribunal, I am but a friend of the Court. Only a friend. Strictly speaking, I am not a party. I am here to humbly “[educate] the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise miss. ... An amicus curiae must not be a party to the case, nor an attorney in the case, but must have some knowledge or perspective that makes her or his views valuable to the court.” http://legal-dictionary.thefreedictionary.com/amicus+curiae

And I have tried to be a true friend of this Tribunal. To speak the truth gently, and politely, even though it may have hurt. And for the times that it has hurt, in the past 3 days, I apologize, to all parties who may have been offended.

This Tribunal has found that the prosecution has made out a prima facie case. With the Tribunal’s leave, I wish now render one final assistance and tender this submission on behalf of both Accused. My colleagues have submitted on the law. The Tribunal has ruled. There is a prima facie case. That is that. I have adopted their submission and would like to add the following:-

No one in this room, not one of us, (save one), knows what it feels like to have the weight of a nation upon his shoulders.

Both the Accused were heads of their nations - Bush for 8 years, Blair for 10. The United States of America is about 300 million people; the United Kingdom, about 60 million.

They took their respective nations to war. That is a fact. The question now is: Were their actions a “crime against peace”?

Did they “planned, prepared and invaded the sovereign state of Iraq on 19 March 2003 in violation of the United Nations Charter and international law”? (from the Charge)

Was there any “just cause whatsoever”? (Particular 1 of the Charge)

BACKGROUND

9/11 changed things. It really did. Those of us old enough to have lived through it, who saw it, who could understand it at the time ... we knew instantly that the world would forever be a different place. In our hearts, we knew things would never be the same. And changed they did.

9/11 changed EVERYTHING[1].

People did unthinkable things on that day: Illogical, insane, stupid and desperate things.

Fear was the rule from that day on. Fear and anger, oftentimes irrational, gripped the world for years after that day. Even till today.

Judgment most assuredly fled to brutish beasts. “Havoc!” cried out.

How I wish that were not the case. How I wish Bush; maybe, just maybe, at the opportune moment would have said, “We know who you are. We know you did this to us. And we forgive you.” Makes me wonder sometimes what might have happened. I’d like to think that that may have made this world a much different place. A much better place.

But he did not.

What happened after that was, well, Afghanistan happened. Iraq happened. Guantanamo happened.

All because stupid people did stupid things.

We are who we are. Fallible[2] human beings.

It is so easy for us to forget that human being are fallible. We make mistakes. We say the wrong things. We act the wrong way. We type the wrong things.

And we have ego. We have pride. And for a multitude of other reasons, we often choose not to say, “I don’t know. I am not sure. I am scared.”

That is us. Even ordinary us, when looking terror in the face still want to say, “I am not scared of you! I will beat you.”

Imagine what might have gone through the minds of Bush and Blair; leaders of large, rich and powerful nations to see before their very eyes the proof that someone, some group, could “get them”, could hit them where it hurts most: At the pride of America’s economy, the Twin Towers, in New York, once the tallest buildings in the world.

I can’t imagine. You can’t imagine. Only one here can.

Bush is human. Blair is human.

This is what they have to say, in their own words:-

LOGIC

BUSH

“They left trotted out a new mantra: ‘Bush Lied, People Died.’ The charge was illogical. If I wanted to mislead the country into war, why would I pick an allegation that was certain to be disproven publicly shortly after we invaded the country? The charge was also dishonest. …. Nobody was lying. We were all wrong. The absence of WMD stockpiles did not change the fact that Saddam was a threat.” (Decision Points: page 262, paragraph 2)

THE 5 QUOTES read during ORAL SUBMISSION

QUOTE 1 - BLAIR

“I understood the importance of the second resolution in terms of political survival and so forth. I confess I always thought it a bit odd in terms of the moral acceptability of the course of action or not. It bestowed more legitimacy, it was true, but whether we got a second resolution or not basically depended on the politics in France and Russian and their calculation of where their political interests lay. We had acted without UN authority in Kosovo. It would have been highly doubtful if we could ever have got UNSC agreement for either Bosnia or Rwanda. I never ever thought about it for Sierra Leone. Yet it would be hard to argue that morally, in each of those situations, we should not have intervened. What’s more if the going got tough, as we have found in Afghanistan, the mere fact of UN authority does not necessarily bind people in.”

(Blair, A Journey : page 430 2nd last line to page 431 whole of paragraph 1)

QUOTE 2 - BUSH

“In the summer of 2002, I received a startling piece of news. Abu Musab al-Zarqawi, an al Qaeda-affiliated terrorist who had experimented with biological weapons in Afghanistan, was operating a lab in northeastern Iraq. ‘Suspect facility in this area may be producing poisons and toxins for terrorist use,’ the briefing read. ‘Al-Zarqawi is an active terrorist planner who has targeted U.S. and Israeli interests: Sensitive reporting from a [classified] service indicates that al-Zarqawi has been directing efforts to smuggle an unspecified chemical material originating in northern Iraq into the United States.”

(Bush,Decision Points: page 236, paragraph 2)

QUOTE 3 - BUSH

“For my first eight months in office, my policy focused on tightening the sanctions- or, as Colin Powell put it, keeping Saddam in his box. Then 9/11 hit, and we had to take a fresh look at every threat in the world. There were state sponsors of terror. There were sworn enemies of America. There were hostile governments that threatened their neighbours. There were nations that violated international demands. There were dictators who repressed their people. And there were regimes that pursued WMD. Iraq combined all those threats.

Saddam Hussein did not just sympathize with terrorists. He had paid the families of Palestinian suicide bombers and given sanctuary to terrorists like Abu Nidal, who led attacks that killed nineteen people at an Israeli airline’s ticket counters in Rome and Vienna, and Abu Abbas, who hijacked the Italian cruise ship Achille Lauro and murdered an elderly, wheelchair-bound American.

Saddam Hussein was not just a sworn enemy of America. He had fired at our aircraft, issued a statement praising 9/11, and made an assassination attempt on a former president, my father.

Saddam did not just threaten his neighbours. He had invaded two of them, Iran in the 1980s and Kuwait in the 1990s.

Saddam Hussein did not just violate international demands. He had defied 16 UN resolutions, dating back to the Gulf War.

Saddam Hussein did not just rule brutally. He and his henchmen had tortured innocent people, raped political opponents in front of their families, scalded dissidents with acid, and dumped tens of thousands of Iraqis into mass graves. In 2000, Saddam’s government decreed that people who criticized the president or his family would have their tongues slashed out. Later that year, an Iraqi obstetrician was beheaded on charges of prostitution. The woman’s true crime was speaking out about corruption in the Iraqi health ministry.

Saddam Hussein did not just pursue weapons of mass destruction. He had used them. He deployed mustard gas and nerve agents against the Iranians and massacred more than five thousand innocent civilians in a 1998 chemical attack on the Kurdish village of Halabja. Nobody knew what Saddam had done with his biological and chemical stockpiles, especially after he booted inspectors out of the country. But after reviewing the information, virtually every major intelligence agency in the world had reached the same conclusion: Saddam had WMD in his arsenal and the capacity to produce more. One intelligence report summarized the problem: ‘’Since the end of inspections in 1998, Saddam has maintained the chemical weapons effort, energized the missile program, made a bigger investment in biological weapons, and has begun to try to move forward in the nuclear area.’’

Before 9/11 Saddam was a problem America might have been able to manage. Through the lens of the post-9/11 world, my view changed. I had just witnessed the damage inflicted by nineteen fanatics armed with box cutters. I could only imagine the destruction possible if an enemy dictator passed his WMD to terrorists. With threats flowing into the Oval Office daily- many of them about chemical, biological, or nuclear weapons- that seemed like a frighteningly real possibility. The stakes were too high to trust the dictator’s word against the weight of the evidence and the consensus of the world. The lesson of 9/11 was that if we waited for a danger to fully materialize, we would have waited too long. I reached a decision: We would confront the threat from Iraq one way or another.”

(Bush, Decision Points. Page 228-229).

QUOTE 4 - BUSH

“Whenever I heard someone claim that we had rushed to war, I thought back to this period. It had been more than a decade since the Gulf War resolutions had demanded that Saddam disarm, over four years since he had kicked out the weapons inspectors, six months since I had issued my ultimatum at the UN, four months since Resolution 1441 had given Saddam his ‘final opportunity,’ and three months past the deadline to fully disclose his WMD. Diplomacy did not feel rushed. It felt like it was taking forever.”

(Decision Points: page 247, paragraph 2)

QUOTE 5 - BUSH

“I’ve always wondered why many critics of the war did not acknowledge the moral argument made by people like Elie Wiesel. Many of those who demonstrated against military action in Iraq were devoted advocates of human rights. Yet they condemned me for using force to remove the man who had gassed the Kurds, mowed down the Shia by helicopter gunship, massacred the Marsh Arabs, and sent tens of thousands to mass graves. I understood why people might disagree on the threat Saddam Hussein posed to the United States. But I didn’t see how anyone could deny that liberating Iraq advanced the cause of human rights.”

(Decision Points: page 248, paragraph 1)

OTHER QUOTES THAT AMICUS BELIEVES WOULD BE OF ASSISTANCE TO THE TRIBUNAL (edited out)

There are a number of us in this room for whom the effects of World War II are still felt. Some have seen the brutality of war first hand. And they are, different people for that experience. Theirs is a generation that knew what hardship means. Some are here with us. They will be able to tell us how lucky we all are right now, to be here, to sit in comfortable chairs, to have the benefit of air-condition, to live unmolested lives.

This is a Tribunal of law. There is no need for name-calling. There is no need for grandstanding[5].

I would urge this Tribunal, before returning a verdict, to carefully consider all the cases and authorities cited in the 4 defence bundles, all the exhibits marked in toto, and this humble submission; and to return a verdict which accords with law, justice, and conscience.

Fiat justitia ruat caelum[6]

Dated this 22nd day of November, 2011.

_________________

Jason Kay Kit Leon

Amicus Curiae

[1] USA Today article about people jumping from the twin towers - http://www.usatoday.com/news/sept11/2002-09-02-jumper_x.htm

[2] liable to be erroneous; capable of making a mistake - http://www.merriam-webster.com/dictionary/fallible

[3] For the back story on the 2 sons-in-law of Saddam Hussein, please see New York Times - Iraqi Defectors Killed 3 Days After Returning - February 24, 1996 http://www.nytimes.com/1996/02/24/world/iraqi-defectors-killed-3-days-afterreturning.html?pagewanted=print&src=pm – exhibit D2, Defence Documents, Volume 2 - Crimes against Peace

[4] For the back story on the 2 sons-in-law of Saddam Hussein, please see New York Times - Iraqi Defectors Killed 3 Days After Returning - February 24, 1996 http://www.nytimes.com/1996/02/24/world/iraqi-defectors-killed-3-days-afterreturning.html?pagewanted=print&src=pm – exhibit D2, Defence Documents, Volume 2 - Crimes against Peace

[5] to play or act so as to impress onlookers - http://www.merriam-webster.com/dictionary/grandstanding?show=0&t=1321912971

[6] "Let justice be done though the heavens fall." - http://en.wikipedia.org/wiki/Fiat_justitia_ruat_caelum

On Commissioners for Oaths and JPJ and THUMBPRINTS - May & June 2011

2011-06-19T13:18:00.002+08:00

I put the following on record:-

On 19 May 2011, CR issued circular on thumbprint, w.e.f. immediately
http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=3221&Itemid=332

On 02 June 2011, Malacca Bar issued circular 18 of 2011
http://malaccabar.org/?p=2186

On 03 June 2011, Bar Council issued circular 120 of 2011
http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=3221&Itemid=332

On 09 June 2011, Bar Council issued circular 123 of 2011
http://malaccabar.org/?p=2208
which referred to the 08 June 2011 CR directive which rescinds the 19 May 2011 circular on thumbprint
http://malaccabar.org/wp-content/uploads/2011/06/arahan-khn-8-jun-2011.pdf

On June 2011, this report came out in The Star
Over 20 commissioners for oaths struck off over fraud
http://www.thestar.com.my/news/story.asp?file=%2F2011%2F6%2F19%2Fnation%2F8932400&sec=nation

COMMENT:
... Probably would have been easier if The Star report came out first.

On Scholarships - let's get down to brass tacks

2011-05-25T16:11:00.004+08:00

25th May, 2011

To: All SPM top-scorers in 2011 who did not get the JPA scholarship of their dreams and who are complaining

c.c. editor@thestar.com.my, editor@themalaysianinsider.com, editor@malaysiakini.com, chenghai@thesundaily.com, news@nstp.com.my

Listen here,

Stop whining and moaning. The world has not ended. Scholarships are a privilege, not a right. It's "a grant-in-aid to a student (as by a college or foundation)" (Merriam-Webster).

Yes, you did very well for your SPM exams. Bravo! Getting to study for free overseas in the course of your choice is not a given. Deal with it! People generally do not like those with an overdeveloped sense of entitlement.

Aren't you, the crème de la crème of SPM 2011 eager to prove to us that you indeed ARE smart? You've hit a bump in your road to get an education. Now what? Whine and moan? Is that all your top-scoring brains can come up with?

Make us proud.
Make your parents proud. Think outside the box, strategise, do you research, and find a solution. Life has given you a leg up - you have a decent brain. For goodness' sake, USE IT!!!

I suggest you read the following, because it will help you in the coming years.

Rule No. 1: Life is not fair. Get used to it.

Rule No. 2: The real world won't care as much about your self-esteem as much as your school does. It'll expect you to accomplish something before you feel good about yourself.

Rule No. 3: Sorry, you won't make $40,000 a year right out of high school.

Rule No. 4: If you think your teacher is tough, wait 'til you get a boss. When you screw up, he's not going to ask you how you feel about it.

Rule No. 5: Flipping burgers is not beneath your dignity. Your grandparents had a different word for burger flipping. They called it opportunity.

Rule No. 6: If you screw up, you are responsible. This is the flip side of "It's my life," and "You're not the boss of me,"

Rule No. 7: Before you were born your parents weren't as boring as they are now. They got that way paying your bills, cleaning up your room and listening to you tell them how idealistic you are. And by the way, before you save the rain forest from the blood-sucking parasites of your parents' generation, try delousing the closet in your bedroom.

Rule No. 8: Your school may have done away with winners and losers. Life hasn't.

Rule No. 9: Life is not divided into semesters, and you don't get summers off. Not even Easter break. They expect you to show up every day. For eight hours. And you don't get a new life every 10 weeks. It just goes on and on. While we're at it, very few jobs are interested in fostering your self-expression or helping you find yourself. Fewer still lead to self-realization. (See Rule No. 1 and Rule No. 2.)

Rule No. 10: Television is not real life. Your life is not a sitcom. Your problems will not all be solved in 30 minutes, minus time for commercials. In real life, people actually have to leave the coffee shop to go to jobs.

Rule No. 11: Be nice to nerds. You may end up working for them. We all could.

Rule No. 12: Smoking does not make you look cool. It makes you look moronic. Next time you're out cruising, watch an 11-year-old with a butt in his mouth. That's what you look like to anyone over 20. Ditto for "expressing yourself" with purple hair and/or pierced body parts.

Rule No. 13: You are not immortal.

Rule No. 14: Enjoy this while you can. Sure parents are a pain, school's a bother, and life is depressing. But someday you'll realize how wonderful it was to be a kid. Maybe you should start now. You're welcome.

It's not all doom and gloom. Really. Just start doing something constructive. Whining and groaning to the newspapers is NOT "doing something constructive".

The race is not to the swift or the battle to the strong, nor does food come to the wise or wealth to the brilliant or favor to the learned; but time and chance happen to them all.

To President, Malaysian Bar about Press Statement regarding Utusan Malaysia's "Malaysia negara Kristian?" article

2011-05-10T14:19:00.004+08:00

Mr. President,

Good press statement. Very good press statement. A bit long, but good press statement. (http://goo.gl/fBESv)

But as I have asked Murphy Pakiam to chill (http://goo.gl/2yyq8), I think I should also ask you to do the same thing. Your press statement is a bit, ‘angry’ lah. It has the sorta ‘suspicious’ slant when looking at things. I won’t say ‘paranoid’. That’s a very strong word.

But when I read your press statement that says:-

“highly irresponsible on the part of Utusan Malaysia, and is nothing short of gutter journalism”

“Utusan Malaysia appears to be able to offer such so-called journalism in a climate of impunity”

“By immediately investigating the alleged incidents rather than those who made the reports, the authorities have shown favoured irresponsible parties how they can wantonly instil fear and religious disharmony in the country.”

“irresponsible parties seek to manoeuvre and manipulate current events”

“Any independent observer of the mass media would reach the conclusion that Utusan Malaysia is beyond the reach of the law.”

“persistently published intemperate and wild accusations, written in inflammatory language, which threaten Malaysia’s social fabric”

I sense a lot of anger and dismay. That’s not good. You must watch out for your health.

Funnily, your press statement kinda reminds me of this blog post (http://goo.gl/CFP9J) which draws lines of connection between the Bar Council and the Walk for Justice and Lina Joy and Christians and politics. Amazing how different people can view the same events differently. The mind of man – an amazing thing.

I must say, all the above makes for interesting reading. But … penat lah … dan kepala sakit lah bila kita so worried/suspicious about the motif of apa orang nak buat, atau akan buat, atau mungkin akan buat. Betul betul penat. Susah nak focus on perkara macam exercise, riadah, makan on time, dan relax bersama-sama keluarga. You know, the “important” things in life … like the chain emails keep telling us.

Anyway :-) I’m wishing you, and all of us, good health, and much happiness.

“God bless us, every one!” (http://goo.gl/yGvr8)
:-)

Jason Kay Kit Leon
Malacca
J/370

To Murphy Pakiam, on the "Malaysia, a Christian country?" issue

2011-05-09T01:39:00.005+08:00

To: Murphy Nicholas Pakiam, Archbishop of Kuala Lumpur and President of Catholic Bishops of Malaysia - frantrcakl@yahoo.com

c.c. Herald Malaysia Online - editor@herald.com.my

Hello,

I read your press statement in the 08 May 2011 edition of Malaysian Insider and Malaysia Today. Good press statement. But, I have to nitpick k :-)

You said, “On behalf of the Catholic Bishops of Malaysia, I would like to categorically refute the allegation that such a meeting had taken place or will take place in a Catholic venue in Penang.” Itu cukup lah. Why pulak you have to go and add the following comment, “It is clear that such reporting has the effect of creating religious disharmony, inciting hatred and heaping odium on Christians”? Itu overkill lah bro. Dah refute dah lah.

Then you go on to tell the police what to do: “We therefore call upon the authorities and the police to immediately make a thorough investigation of this matter … yada yada yada”. Hello!!! They know how to do their jobs lah. They are police. They are not dummies. Bernama reported that on 07 May 2011 (i.e. 1 day before 08 May 2011) Home Minister already said police “are taking actions”. Bagi police some space to work lah - they will do their job.

In the meantime, take a chill pill, and dun worry k.

;-)

In Christ,
Jason Kay
Melaka
09 May 2011

========================

http://www.bernama.com/bernama/v5/newsindex.php?id=584728
May 07, 2011 17:46 PM

Hisham: Agenda To Make Christianity Official Religion A Serious Matter

BESUT, May 7 (Bernama) -- Home Minister Datuk Seri Hishammuddin Tun Hussein has described as serious a purported meeting of pastors in Penang allegedly to discuss making Christianity the official religion of the federation.

He said any action by followers of a religion would invite reactions from followers of others.

"The same goes in racial issues. If certain races resorted to raising issues in an excessive manner, it will invite reactions from other races," he told reporters after opening the Besut Umno division meeting, here Saturday.

Hishammuddin, who is Umno vice-president, said he was now awaiting reports over what transpired at the meeting.

"But I prefer to face those who don't understand the actual situation. We should give explanation over such issues that are being fanned by certain quarters.

"If they are adamant on creating disunity even after we have given explanations, then I think the police will make a decision (on the actions to be taken).

"It's the police, not me, (who are taking actions), otherwise we'll be accused of playing politics," he said, adding that in handling such matters, the government gave priority to security.

"I will monitor, not just this group, but also extremists among Muslims who want to avenge the death of Osama bin Laden," he said.

In another development, he said police would investigate claims about the existence of another sex video implicating an opposition leader believed to have been produced in Thailand.

"Police will investigate this and will take action against those found to have committed offences. No one is above the law," he said.

Meanwhile, in Kuala Lumpur, secretary general of the Malaysian Chinese Muslims Association, Ann Wan Seng, cautioned Muslims against attempts by certain quarters to undermine the position of Islam as the country's official religion.

He said Muslims were taking too much comfort over the position of Islam as enshrined in the Federal Constitution.

Speaking at an Islamic organisations' leadership forum, he said, there were numerous issues affecting Muslims to date which he said should be given attention.

Among them were apostasy, burials of the bodies of Muslim converts and the requirement for new converts to inform their family members before they were allowed to register their religious affiliation, he added.

He also claimed that apostasy issues were connected to what he described as clandestine operations by certain quarters.

Kulim Bandar Baharu MP Datuk Zulkifli Noordin said there were young Muslims in the country who had gotten carried away with liberalism to the point of neglecting their own religion.

He said they were easily confused by the issue surrounding the use of the word "Allah" and attempts to convert Muslims to become Christians.

He added that these groups argued that the word "Allah" can be used by all religions and that changing of religions should be allowed.

"This should be given attention because these young minds are confused by those with self interest who are out to propagate their own religion," he said.

"Non-governmental organisations (NGOs) should engage these young people and explain to them so that they are clear about the agenda of certain quarters who wanted to propagate their religion among Muslims," he said at the gathering of Muslim organisations organised by Pembela, a Muslim NGO, in Kuala Lumpur.

In Tumpat, Malay rights group Perkasa said it would lodged police reports nationwide over the alleged attempt to make Christianity the official religion of the federation.

Its president Datuk Ibrahim Ali said until this evening, 10 police reports had been lodged, urging the authority to investigate the matter.

"This is about sensitivity and this is very serious. Perkasa calls on the police to investigate this.

"If it is true as reported, then Perkasa is very disappointed because this is about religion, a very sensitive issue," he told reporters.

-- BERNAMA

Surat kepada Pengarang Utusan Malaysia tentang artikel “Malaysia negara Kristian?”

2011-05-07T13:19:00.008+08:00

Kepada: Pengarang, Utusan Malaysia - pengarang@utusan.com.my

Tuan Pengarang,

1. Saya merujuk kepada artikel bertajuk “Kristian agama rasmi?” yang disiarkan di mukasurat hadapan edisi 07 Mei 2011 suratkhabar Tuan yang saya percaya diberi tajuk “Malaysia negara Kristian?” di edisi internet.

2. Saya adalah seorang Kristian (Protestan-Methodist).

3. Jika benar 35 paderi tersebut hendak menjadikan Malaysia negara Kristian, mereka adalah bodoh, bebal dan bahlul.

4. Artikel 3 Perlembagaan Negara jelas mengatakan bahawa “Islam is the religion of the Federation …”. Saya percaya (dan berharap bahawa) 35 paderi tersebut sedia maklum tentang implikasi undang-undang perkataan-perkataan tersebut.

5. Saya berterima kasih kepada suratkhabar Tuan kerana mengutarakan isu ini.

6. Saya berharap Tuan boleh memaklumkan 2 penulis blog tersebut untuk membuat laporan polis sekiranya mereka percaya terdapat sebab-sebab laporan polis perlu dibuat selaras dengan Seksyen 13 Kanun Acara Jenayah.

Jason Kay
Melaka
07/5/2011

==========================

http://www.utusan.com.my/utusan/info.asp?y=2011&dt=0507&pub=Utusan_Malaysia&sec=Muka_Hadapan&pg=mh_01.htm
Malaysia negara Kristian?

Oleh ROKIAH ABDULLAH dan MOHD. KHUZAIRI ISMAIL
pengarang@utusan.com.my

PULAU PINANG 6 Mei - Ahli Parlimen Jelutong, Jeff Ooi menafikan dakwaan kononnya beliau menganjurkan satu majlis pertemuan paderi dari seluruh negara yang didakwa turut membincangkan agenda menjadikan Kristian sebagai agama rasmi Persekutuan sekali gus melantik Perdana Menteri dalam kalangan penganut agama itu.

Menurut wakil rakyat DAP itu, beliau hanya menghadiri majlis kesyukuran yang diadakan secara tertutup untuk paderi-paderi tersebut di sebuah hotel di Jalan Macalister di sini sebagai tetamu.

Majlis pertemuan paderi-paderi berkenaan dan ikrar menjadikan Kristian sebagai agama rasmi Persekutuan didedahkan oleh dua laman blog hari ini iaitu 'bigdog' di http://bigdogdotcom.wordpress.com/ menerusi entri bertajuk 'Making Christianity the official religion? dan blog Marahku di http://marahku.blogspot.com.

Jeff yang ditanya mengenai ikrar itu mendakwa, ketika majlis berlangsung, beliau sibuk 'melayan' iPad selain menjamu selera walaupun turut bertafakur semasa paderi-paderi itu berdoa.

"Bukankah berdoa itu suruhan tuhan. Apa yang saya tahu, 'bigdog' (penulis blog) tidak sebut nama saya, dia tidak tuduh saya. Kalau mahu tahu lebih lanjut, sila tanya polis Cawangan Khas dan dengar rakaman yang dibuat mereka," katanya melalui khidmat pesanan ringkas (SMS) kepada Utusan Malaysia di sini hari ini.

Difahamkan, majlis makan malam yang dihadiri lebih 100 paderi Kristian itu diadakan di sebuah hotel di sini semalam yang kemudiannya disusuli dengan beberapa konvensyen hari ini.

Malam ini pula akan diadakan satu majlis di Pusat Kristian (Katolik) Pulau Pinang di sini dan satu ceramah perdana pula dianjurkan esok. Pertemuan itu dikatakan dianjurkan setiap tahun.

Dalam majlis makan malam itu, seramai 35 orang paderi dikatakan berdiri dalam bulatan dan saling berpegangan tangan tanda bersetuju untuk menjadikan Malaysia sebagai sebuah negara Kristian dan mahu Perdana Menteri juga dalam kalangan penganut agama itu.

Sementara itu, tinjauan Utusan Malaysia di hotel yang terletak di Jalan Burmah mendapati persidangan sehari itu yang bermula pukul 8.30 pagi berlangsung di Bilik 2 dan 3, tingkat 7 hotel itu.

Kira-kira 10 meja dan kerusi disusun di luar bilik persidangan yang dikatakan diadakan setiap tahun dengan beberapa rahib dilihat berbual-bual sebelum masing-masing masuk ke dalam bilik persidangan.

Kenyataan Jeff itu bagaimanapun berbeza dengan laporan blog 'bigdog' yang mendakwa majlis itu dianjurkan oleh kawasan Parlimen DAP dipercayai Jelutong dan turut dihadiri oleh kira-kira 100 yang lain termasuk wakil rakyat parti itu dari Sarawak dan beberapa pekerja parti.

"Apa yang dilakukan DAP adalah sesuatu yang sangat berbahaya. DAP membawa strategi politik cauvinis mereka ke satu tahap perubahan dan sensitiviti yang sangat tinggi," dakwa blog berkenaan.

Blog tersebut menambah, sebagai satu komuniti minoriti, cita-cita DAP itu jelas membuktikan mereka cuba bertindak sebagai kaum majoriti.

"Ini merupakan lembaran baru dalam politik yang mana kaum minoriti memainkan peranan sebagai kaum majoriti di samping strategi cauvinis DAP menyemai politik kebencian. Sesuatu yang pasti ia bergerak pada landasan yang sangat berbahaya," dakwa blog itu.

Bar Council 22 April 2011 Press Release: Government must value health and environment as much as investment

2011-04-23T20:37:00.004+08:00

To: President, Bar Council Malaysia

Dear President,

Thank you for taking the time to write this press release. If not for it, I would not know of the efforts by our Pahang brothers and sisters for the Lynas-rare earth issue.

I note that you suggested that “the Bar calls upon the Government to ensure that only renowned and respected experts are appointed to this panel.” I urge you, in the interest of all, to forward the name(s) that you have in mind to the government as soon as possible. They may not have in mind, or even know of, experts that you/the Bar have in mind. Can’t hurt to err on the side of caution when an issue as important as this is at hand. Just saying.

And about the 1-month time limit, “The panel should not rush to complete its responsibility within one month, if more time is required in order for it to carry out its duties scrupulously,” I wouldn’t be too concerned about it. Even the Teoh Beng Hock Royal Commission got an extension when it was deemed necessary.

Again, thanks for the press release, and chill lah. I’m sure the government knows when to be extra cautious when it concerns public safety - Bloomberg and Bernama report.

Jason Kay Kit Leon
Malacca
J/370
23/4/2011

==========================

http://www.bernama.com.my/bernama/v5/newsindex.php?id=581262
April 23, 2011 13:31 PM

Government Won't Compromise On Projects That Jeopardise Public Safety - Najib

PEKAN, April 23 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak said the government will not compromise on projects that jeopardise public safety and their wellbeing.

Commenting on the project undertaken by Lynas Malaysia Sdn Bhd, a subsidiary of Lynas Corporation from Australia, Najib said an independent panel comprising experts would carry out a study on the safety aspects and impact arising from the plant to be built.

"We have decided, firstly that we will not compromise in terms of public safety and wellbeing, we give top priority to public security and health. It's not the factor that we want the project," he told reporters after opening the general meeting of the Pahang chapter of the Malaysian Malay Contractors Association, here Saturday.

Najib said the panel would be given one month to undertake a study on the matter before preparing the report.

"The project must not jeopardise public security and health, and in line with this principle, we will set up a panel of experts made up of those who are extremely skilled in areas pertaining to the Lynas project to study all aspects within the next one month.

"They will come up with a report, and based on this report, the government will make a final decision," Najib said.

The Prime Minister hoped everyone would remain calm and let the panel carry out a detailed study.

"Let the panel of experts make its detailed study and come up with recommendations to the government.

"What should be done is based on the main principles, that public health and security must not be compromised. We will also not allow (the plant) to carry out pre-operations until a final decision is made," he said.

Yesterday, International Trade and Industry Minister Datuk Seri Mustapa Mohamed said an independent panel would be set up as soon as possible to carry out a study on the health and security aspects arising from the setting up of the plant and it was hoped that the report would ease the concern of Kuantan residents and explain the actual situation to those who had politicised the issue.

Mustapa had said that no pre-operations licence would be issued to Lynas by the Atomic Energy Licensing Board (LPTA).

The factory, costing RM700 million, which was being built in the Gebeng industrial area, Kuantan had created a controversy because it was alleged to release radiation that could endanger public health.

Several series of briefings organised by the LPTA and the state government in Kuantan recently had not given positive results.

-- BERNAMA

PRESS STATEMENTS regarding the Bahasa Melayu/Malaysia Bible (Al-Kitab) issue in Malaysia in March and April 2011

2011-04-16T01:47:00.010+08:00

For ease of reading, I've compiled selected press statements regarding the Al-Kitab issue.

Jason Kay
Melaka

=================================

10 March 2011- Media Statement By CFM - Detention of Bahasa Malaysia Bibles Yet Again

CHRISTIAN FEDERATION OF MALAYSIA (PERSEKUTUAN KRISTIAN MALAYSIA)

The Christian Federation of Malaysia (CFM) is greatly disillusioned, fed-up and angered by the repeated detention of Bibles written in our national language, Bahasa Malaysia. This time yet again at the Port of Kuching in Sarawak.

30,000 copies of the "Perjanjian Baru, Mazmur dan Amsal" i.e. the "New Testament, Psalms and Proverbs" are currently being withheld.

This is notwithstanding that the Government in its attempt to to justify its position against the use of the word "Allah" in the Alkitab, the Government had given the assurance that the Bible in Bahasa Malaysia, will be freely available, at least in Sabah and Sarawak.

Since March 2009, all attempts to import the Bible in Bahasa Malaysia, i.e. the Alkitab, whether through Port Klang or the Port of Kuching, have been thwarted.

The previous consignment of 5,000 copies of the Alkitab imported in March 2009 is still being held by the Ministry of Home Affairs in Port Klang. This is despite repeated appeals which resulted in the Prime Minister making a decision to release the Alkitab held in Port Klang in December 2009 which was reported to CFM leaders by several Cabinet Ministers and their aides.

In absolute disregard of this decision, the 5,000 copies of the Alkitab remain detained. The Prime Minister when told about the continued detention of these 5,000 Bibles at a hi-tea event last Christmas expressed surprise that the order to release the same held in Port Klang had not been implemented. However, nothing has been done by the authorities to ensure their release.

Prior to March 2009, there were several incidents where shipments of the Bible in Bahasa Malaysia were detained. Each time tedious steps had to be taken to secure their release. It would appear as if the authorities are waging a continuous, surreptitious and systematic programme against Christians in Malaysia to deny them access to the Bible in Bahasa Malaysia.

Malaysian Christians, many of whom have grown up with Bahasa Malaysia as their principal medium of communication as a result of the Government's education policies, must have access to Bibles in Bahasa Malaysia in order to read, comprehend and practise their faith.

The freedom of religion guaranteed as part of the fundamental liberties under our Federal Constitution is rendered meaningless if adherents to a religion are denied access to their religious texts in a language that they can understand.

It is an affront to them that they are being deprived of their sacred Scriptures. Many are wondering why their Scriptures are considered a threat to national security. All these actions in relation to the detention of the Bibles continue to hurt the Malaysian Christian community.

We would ask how the Government's transformation programme can be successfully implemented if civil servants can blatantly refuse to obey the Prime Minister's order? Is the Government powerless to act against these "little Napoleons" who substitute their own interests and agenda in place of the Prime Minister's directives?

We call upon the Government to act now and prove their sincerity and integrity in dealing with the Malaysian Christian community on this and all other issues which we have been raising with them since the formation of the Christian Federation of Malaysia in 1985.

As an immediate step, we insist upon the immediate release of all Bibles which have been detained.

Bishop Ng Moon Hing
Chairman and the Executive Committee,
Christian Federation of Malaysia

======================================

23 March 2011 - Statement by Minister in the Prime Minister's Department Senator Datuk Seri Idris Jala - New stamp for Bible copies

By P. ARUNA - aruna@thestar.com.my

Full text of the statement by Minister in the Prime Minister's Department Senator Datuk Seri Idris Jala is below:

PETALING JAYA: The 35,100 impounded Bahasa Malaysia Bibles will be released without the need to be numbered, but will be stamped “For Christianity”, said Minister in the Prime Minister's Department Datuk Seri Idris Jala.

The announcement is a major move as the Home Ministry had earlier used the stamp “For Christians Only” on copies of the Bible held at Port Klang and Kuching.

Church groups had protested against the decision, saying it would be unconstitutional and deprive people of other faiths from reading the Bible.

“The Government has agreed to issue a directive so that future Bibles in Bahasa can be brought in, as long as they have the words “For Christianity,” Jala added in a statement yesterday.

He said copies of the Bible were not being singled out and that imported copies of the Quran were also checked to see if they were authorised copies and stamped with serial numbers before they were released.

The minister, who is a Christian, said the Government urged Christian groups to collect copies of the Bible at the ports.

“The focus should be in getting the Bibles into the hands of people who want to read them,” he said.

Jala added that the groups could choose to put a sticker “For Christianity” over the serial number and the stamp “For Christians Only” in the impounded copies of the Bible, and the impound costs would be paid by Christian sponsors.

Alternatively, Christian sponsors would pay for the import of new copies with the words “For Christianity” printed at the source, he said.

“This is a fair and reasonable solution from the Government and with the help of Christian donors, all 35,100 copies are to be released at no cost to the importers,” he said.

According to the statement, a special Cabinet committee had met on March 17 to find a solution to the matter, taking into account the polarity of views between Christians and Muslims.

Jala said he and the Attorney-General had met with Christian groups the following day to present the proposed solution, adding that the Government wanted to resolve the issue amicably in line with the spirit of 1Malaysia.

On his role in helping to sort out the matter, Jala said he was requested to discuss with the Christian groups in his capacity as Minister in the Prime Minister's Department (not as CEO of Pemandu), as a Christian and more importantly as the only Cabinet minister who was not a member of any political party.

THE following is the full press statement by Minister in the Prime Minister's Department Senator Datuk Seri Idris Jala on the Bahasa Malaysia Bible issue:

The Government wishes to reiterate that, since March 15, it had given the directive to release all Bibles in Bahasa Malaysia which had been impounded in Port Klang and Kuching.

However, to date, the Christian groups who imported the Bibles have yet to collect them because they do not accept the stamps and the serialisation on these Bibles.

Home Affairs Minister Datuk Seri Hishammuddin Hussein mentioned that the act of stamping and serialisation was standard protocol.

For example, Qurans imported into the country are also checked to ensure they are authorised, and are stamped with serial numbers before they are released.

Qurans which are not authorised are impounded and destroyed.

The act of stamping and serialisation of the Bibles in Bahasa Malaysia and the Qurans should not be perceived as desecration of holy scriptures.

A special Cabinet committee on this matter comprising the Prime Minister, Deputy Prime Minister, Home Minister, Unity Minister, Minister in the PM's Department

(Law and Parliamentary Affairs), Religious Affairs Minister and Minister in the Prime Minister's Department/CEO of Pemandu and the Attorney-General (AG) met on March 17 to discuss the issues at hand and find a fair and amicable solution.

The solution should take into account the polarity of views between the Christians and Muslims within the context of the existing laws of the country.

Subsequently, on March 18, Jala and Tan Sri Abdul Gani Patail, the Attorney-General, met with representatives from the Christian Federation of Malaysia, the Council of Churches of Malaysia, and other relevant Christian groups together with their legal advisors.

At this meeting, Jala said: “AG and I presented on behalf of the Government what we believe is a workable solution for all parties.”

The solution put forward by the Government is as follows:

The BM Bibles currently impounded in Kuching and Port Klang will be released with the words “For Christianity” stamped clearly in Arial font, size 16, in bold. No other words or serial numbers will be stamped on the Bibles.

To ensure that there is no misrepresentation in its implementation by civil servants, the Government will issue a directive from the director-general of the Home Ministry. As with all similar directives, failure to comply with this directive will subject the relevant officers to disciplinary action under the General Orders.

To highlight the Government's commitment to resolving this issue amicably, the Government has received an offer from Christian donors who are prepared to pay for the cost of all the Bibles that have already been stamped and serialised.

These BM Bibles can either be released in their present state (with stamps and serial numbers) or arrangements can be made to put stickers with the words “For Christianity” to cover the existing stamps and serial numbers. The choice is for the importers of these Bibles.

In the event they do not wish to take possession of these impounded Bibles in the present state, the Christian donors will pay for the full cost of new Bibles to be brought in with the words “For Christianity” printed at source or stamped with these words “For Christianity” by the Home Ministry at Port Klang and Kuching.

At the end of this meeting, the representatives from Christian groups requested time to meet and discuss, and have advised the Government that they would revert on their decision as soon as practicable.

Jala said: “In presenting the above solution, the AG and I have been authorised by the Prime Minister and the special Cabinet committee to convey the Government's proposed solutions to the Christian groups.”

He further clarified: “I was requested to discuss this matter with the Christian groups in my capacity as Minister in the PM's Department (not as CEO of Pemandu), as a Christian and, more importantly, as the only Cabinet minister who is not a member of any political party.

“The Government wants this matter to be resolved amicably in a non-partisan manner and in line with the spirit of 1Malaysia. The AG's involvement is obviously necessary because we have to ensure that the solution must be in the context of the existing laws of the country.”

The Government urges the Christian groups to collect the Bibles immediately for three reasons:

The focus should be on getting the Bibles into the hands of people who want to read them; it has been established that the Home Ministry is not singling out the Bibles for stamping and serialisation because this is also the same practice as they appear in the Quran.

Notwithstanding (1) above, an arrangement has been made by the Government with the help of Christian donors to pay for the cost of all 30,000 impounded Bibles in Kuching and the 5,100 Bibles in Port Klang. The importer can take these Bibles completely free of charge. If the Christian groups do not wish to take the Bibles, then the Christian donors have agreed to pay for the cost of bringing in new Bibles as replacement and these will be printed or stamped with the words “For Christianity”.

The Government has agreed to issue a directive so that future Bibles in Bahasa Malaysia can be brought in as long as these have the words “For Christianity” in Arial font, size 16 either printed at source or stamped at the receiving port.

Finally, Jala said: “This is a fair and reasonable solution from the Government and with the help of Christian donors, all 35,100 Bibles are to be released completely free of charge at no cost at all to the importers. “In addition, by virtue of the Government directive, there is an assurance from the Government that future Bibles in Bahasa Malaysia can be imported and released with the words For Christianity'.” Bernama

==========================================

30 March 2011- Kenyataan Media Pertubuhan-pertubuhan Pembela Islam (PEMBELA) - Mempertahankan Kedaulatan Islam di Malaysia dalam Menangani Isu Bible Bahasa Melayu

Kenyataan ini dibuat memandangkan sikap kumpulan-kumpulan Kristian akhir-akhir ini yang terlalu provokatif dan melampau-lampau dalam menangani isu Bible Bahasa Melayu. Sikap dan cara ini yang tercermin dalam tindakan membuat laporan polis secara berkumpulan serta pelbagai kenyataan-kenyataan kasar yang amat menghiris hati umat Islam di negara ini. Keadaan ini jika dibiarkan akan membawa kepada salah satu daripada dua kemungkinan yang buruk; sama ada, pertamanya, tekanan dan provokasi berterusan ini akan menyebabkan para pemimpin politik negara akan merasa lemah dan mengalah lalu memberi apa sahaja yang diminta oleh kumpulan ekstrimis ini tanpa mengira kedudukan dan kedaulatan Islam di dalam perlembagaan, sejarah dan budaya negara atau yang kedua, provokasi dan pelanggaran berterusan terhadap perasaan dan sensitiviti umat Islam ini akan mencetuskan ketegangan dan mengundang reaksi daripada kelompok Islam yang mungkin sukar dikawal dan dibendung oleh sesiapa.

Atas kesedaran ini, kami pimpinan-pimpinan pertubuhan-pertubuhan Islam utama dan arus perdana negara ini telah bersatu di bawah Pertubuhan-pertubuhan Pembela Islam (PEMBELA) yang berperanan sebagai platform penting dalam menyelaraskan suara umat Islam demi mengelakkan senario-senario buruk seperti yang dihimbau di atas.

PEMBELA menegaskan bahawa umat Islam di negara ini adalah umat berdaulat. Islam di Malaysia bukannya anak yatim piatu ataupun anak tiri yang tiada penjaga dan pelindung. Di samping perlindungan hakiki daripada Allah Rabbul Jalil, Islam di Malaysia sejak sekian lama dan sebelum Merdeka lagi telah menempati kedudukan yang istimewa dan dilindungi oleh perlembagaan, undang-undang, Raja-Raja Melayu, para pemerintah dan umatnya. Ini menjadi salah satu faktor asasi disebalik kestabilan dan kemakmuran negara walaupun berhadapan dengan komposisi kaum dan agama yang begitu rencam dan pelbagai. Walaupun masih terdapat sedikit-sebanyak kelemahan dan kegelinciran, umat Islam di Malaysia masih setia mempertahankan persefahaman ini demi keamanan, kemakmuran dan keadilan untuk semua. Tetapi harus diingat, jika formula ini hendak diganggu-gugat oleh sesiapa atau mahu digadaikan untuk kepentingan sementara mana-mana kumpulan, PEMBELA dan umat Islam tidak akan hanya berdiam diri dan akan berjuang untuk mempertahankan apa yang hak.

Khusus berkenaan dengan isu terkini iaitu sejumlah Bible berbahasa Melayu yang hendak dibawa masuk ke negara kita, PEMBELA menegaskan pandangan dan pendirian berikut :-

1. Kepada Pihak Kumpulan-kumpulan Kristian.

Kami ingin mempersoalkan sampai ketahap manakah mereka hendak memprovokasi dan memanipulasi isu ini? Adakah mereka tidak sedar bahawa tindakan mereka ini amat menghiris perasaan umat Islam?

PEMBELA menuntut agar kumpulan-kumpulan Kristian terbabit kembali menghormati persefahaman yang ada di kalangan penganut-penganut agama yang berdasarkan Perlembagaan negara, peruntukan undang-undang dan pelbagai keputusan-keputusan rasmi. Ini termasuklah Artikel 3(1), 11(4) dan enakmen-enakmennya, Keputusan Majlis Fatwa Kebangsaan dalam isu kalimah Allah, larangan Mahkamah terhadap penggunaan kalimah Allah selagi rayuan belum diputuskan, dan Keputusan Kabinet 1986 tentang import masuk Bible berbahasa Melayu.

PEMBELA berpendapat bahawa kumpulan 35,000 Bible tersebut tidak patut dibenarkan untuk edaran kerana bercanggah dengan peruntukan-peruntukan di atas. Keputusan awal kerajaan sudah merupakan suatu kompromi yang sebenarnya sudah melampaui peruntukan-peruntukan ini. Oleh itu sikap keras dan degil pihak Kristian terhadap keputusan awal kerajaan ini adalah sangat-sangat mendukacitakan. Apatah lagi jika diambil-kira kitab Al-Quran sendiri dikawal cetakan dan sebarannya oleh Kementerian Dalam Negeri (KDN). Ini adalah prosedur biasa dan menuduhnya sebagai suatu kesalahan besar yang mencemar kesucian Bible adalah suatu tuduhan yang liar dan tidak bertanggungjawab.

PEMBELA juga menyeru agar kumpulan-kumpulan Kristian menghentikan pendekatan konfrontasi dan sebaliknya menggunakan saluran perbincangan yang ada seperti Jawatankuasa Kerja Mempromosi Persefahaman Keharmonian Antara Penganut Agama (JKMPKAPA) yang ditubuhkan oleh kerajaan dan turut disertai oleh kami. Kami menegaskan, jikalau mereka berterusan hendak mengambil pendekatan konfrontasi dan garis keras, kami mungkin mengambil keputusan untuk menarik diri daripada jawatankuasa tersebut.

PEMBELA juga menuntut suatu permohonan maaf kepada umat Islam di atas pelbagai kenyataan dan tindakan yang sebahagiannya telah menggores hati umat Islam sepanjang isu ini.

2. Kepada Para Pemimpin Politik.

PEMBELA menegaskan kepada semua pemimpin politik tanpa mengira parti agar jangan sekali-kali menggadaikan kedaulatan Islam kerana tekanan sokongan politik. Kalaupun tunduk kepada tekanan politik boleh membawa hasil sementara, tetapi dalam jangka panjang ia akan meruntuhkan paksi pembinaan negara-bangsa dan turut merugikan semua pihak.

Kami juga sangat tidak selesa dengan pendekatan membiarkan para pemimpin bukan Islam yang ke hadapan menjadi jurucakap bagi pihak Kerajaan mahupun Pembangkang dalam isu ini. Oleh kerana ianya melibatkan isu Islam, sepatutnya pemimpin beragama Islam lebih terkehadapan dalam menangani isu ini. Pemimpin bukan Islam nampaknya sering berlebih-lebihan dan kurang berhati-hati dalam kenyataan-kenyataan yang dibuat. Sebagai contohnya kami merujuk kepada beberapa kenyataan yang dibuat oleh Dato’ Seri Idris Jala di pihak kerajaan dan terbarunya oleh YB Tony Phua, Ketua Publisiti DAP.

PEMBELA juga menegaskan pengundi majoriti di negara ini adalah umat Islam. Berdasarkan senario mutakhir ini, kami memutuskan untuk menggerakkan kempen kesedaran di kalangan pengundi Islam di negara untuk menolak mana-mana pemimpin yang terlalu berkompromi dengan prinsip kedaulatan Islam di Malaysia. Untuk tujuan itu, kami akan memantau serius setiap kenyataan dan tindakan setiap tokoh politik dalam isu-isu seumpama ini.

Akhirnya, PEMBELA akan mengemukakan satu memorandum khas berkenaan isu ini kepada pihak Yang Di Pertuan Agong dan Majlis Raja-raja Melayu. Kami amat berharap Duli-duli Tuanku sebagai Ketua Agama Islam di negara ini akan bertindak untuk mengawalnya dari sampai ke tahap yang lebih buruk dan tidak terkawal. PEMBELA juga menyeru kepada semua warganegara Malaysia yang patriotik dan cintakan negara ini agar kembali insaf tentang persepakatan tentang kedudukan Islam di negara ini dan menghentikan segala bentuk provokasi dan manipulasi isu-isu agama di negara kita ini.

Gabungan Pertubuhan-pertubuhan di bawah PEMBELA:

Angkatan Belia Islam Malaysia (ABIM)
Gerak Massa Malaysia (GESSA)
Ikatan Badan Amal Islami Wilayah Persekutuan (IKATAN)
Ikatan Muslimin Malaysia (ISMA)
Institut Pengajian Tradisional Islam (IPTI)
Interactive Muslimah Association (IMAN)
Islamic and Strategic Studies Institute (ISSI)
Kesatuan Pondok Islamiyah Malaysia (ITMAM)
Persatuan al-Hunafa (Al-Hunafa)
Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM)
Persatuan Peguam Muslim Malaysia (PPMM)
Persatuan Ulama Malaysia (PUM)
Persatuan Al-Hidayah (Al-Hidayah)
Pertubuhan Muafakat Sejahtera Masyarakat Malaysia (MUAFAKAT)
Pertubuhan Kebajikan Darul Islah Malaysia (PERKID MALAYSIA)
Research and Information Centre on Islam (RICOI)
Teras Pengupayaan Melayu (TERAS)
Yayasan Kubra
Yayasan Sofa

=========================================

02 April 2011 - Statement from the Office of Datuk Seri Idris Jala

APRIL 2 — The government confirmed that it has been in dialogue with the Christian groups to look into their specific requests on the Bahasa Malaysia/Indonesia Bible and also other religious issues. Taking into account the polarity of views of the different religious groups, including the Muslims, the government decided on a 10-point solution.

1. Bibles in all languages can be imported into the country, including Bahasa Malaysia/Indonesia

2. These bibles can also be printed locally in Peninsular Malaysia, Sabah and Sarawak. This is a new development which should be welcome by the Christian groups.

3. Bibles in indigenous languages of Sabah and Sarawak such as Iban, Kadazan-Dusun and Lun Bawang can also be printed locally and imported.

4. For Sabah and Sarawak, in recognition of the large Christian community in these states, there are no conditions attached to the importation and local printing of the bibles in all languages, including Bahasa Malaysia/Indonesia and indigenous languages. There is no requirement for any stamp or serial number.

5. Taking into account the interest of the larger Muslim community, for Peninsular Malaysia, bibles in Bahasa Malaysia/Indonesia, imported or printed, must have the words “Christian Publication” and the cross sign printed on the front covers.

6. In the spirit of 1 Malaysia and recognising that many people travel between Sabah and Sarawak and Peninsular Malaysia, there should be no prohibitions and restrictions for people who bring along their bibles and Christian materials on such travel.

7. A directive on the Bible has been issued by the Ketua Setiausaha (secretary-general) of the Home Ministry to ensure proper implementation of this Cabinet decision. Failure to comply will subject the officers to disciplinary action under the General Orders. A comprehensive briefing by top officials, including the Attorney-General, will be given to all relevant civil servants to ensure good understanding and proper implementation of the directive.

8. For the impounded bibles in Kuching, Gideon, the importer can collect all the 30,000 bibles free of charge. We undertake to ensure the parties involved are reimbursed. The same offer remains available for the importer of the 5,100 bibles in Port Klang, which have already been collected by the Bible Society Malaysia last week.

9. Beyond the Bible issue, the government wishes to reiterate its commitment to work with the Christian groups and all the different religious groups in order to address inter religious issues and work towards the fulfilment of all religious aspirations in accordance with the constitution, taking into account the other relevant laws of the country. In order to bring urgency to this work, the Prime Minister will meet the representatives of the Christian Federation of Malaysia soon to discuss the way forward.

10. The Christian ministers in the Cabinet will meet on a regular basis with representatives of the various Christian groups in order to discuss their issues and work with the relevant ministries and PM in order to resolve them.

Datuk Seri Idris Jala said: “I hope this 10-point solution will be received positively by the Christian groups as being fair and reasonable. We have to look for a solution that deals with the Bible issues and also put a way forward to handle other issues raised by the Christian groups”.

“I think the Bible issue is very unfortunate, and in the spirit of Lent, it is time for sacrifice, reconciliation and forgiveness. In our history as a young nation, we achieved a lot in a short period of time, but we have our shortcomings. The government and our civil servants are not perfect as indeed all human beings are ‘beautifully imperfect’ in the eyes of God. And for all our shortcomings in handling the Bible issue, I hope the Christians would find it in their hearts to forgive us. In my church at SIBKL, we have been praying for a Christian revival to take place in our country. For all the hurt that exists as a result of our differences, I believe that we need healing, forgiveness and reconciliation in this country. The Bible says in Matthew 18: 21-22 ‘Then Peter came to Jesus and asked, ‘Lord, how many times shall I forgive my brother when he sins against me? Up to seven times?’ Jesus answered, ‘I tell you, not seven times, but seventy-seven times’.”

Datuk Seri Idris Jala is a minister in the Prime Minister’s Department.

==========================================

08 April 2011- CCM Youth press release - Uphold Democratic Principles: Full Freedom, Full Rights - No To 10-Point Proposal

Kuala Lumpur – 8 April 2011. CCM Youth issued a press release today expressing their views in response to the various press statements issued by the Christian Federation of Malaysia (“CFM”), the National Evangelical Christian Fellowship (“NECF”), the 10-point solution as proposed by Senator Datuk Seri Idris Jala (“10-Point Proposal”) Minister in the Prime Minister’s Department, and comments made in the media by the Home Minister, Datuk Seri Hishammuddin Hussein and various parties.

1. 10-POINT PROPOSAL ONLY ADDRESSED THE ALKITAB ISSUE

The 10-Point Proposal presumed that Christians were only concerned with the Alkitab issue. That premise is incorrect. The 10-Point Proposal distracted both the public and the church leaders from getting to the heart of the matter, that is, the concern over the overt and covert manner which the government had discriminated against the Christian citizenry for close to forty (40) years that had resulted in the gradual deterioration of basic rights of Christians to freely exercise their faith.

2. RESTORE FULL RIGHTS AND FULL FREEDOM ENSHRINED IN THE FEDERAL CONSTITUTION

CCM Youth denounced deplorable accusations that Christians were not being “fair” or “reasonable” in resolving the Alkitab matter. CCM Youth disclosed that the Malaysian government had unreasonably and unjustly acted in bad faith since the early 1970s to-date against the Christian community. Among some examples were:

Gradual erosion of the control of mission schools which included even the physical removal of words such as “Holy” and crosses from schools, even though the land, building and board of governors belonged to the church;
Removing or disallowing “Christian Fellowships” from being recognized as societies in schools and universities;
Harassing and transferring out Christian teachers found teaching Bible Knowledge, a legitimate examinable subject for the SPM;
Gazetting the AlKitab, the Bible in Bahasa Malaysia and Bahasa Indonesia, as a threat to national security under the Internal Security Act;Denying the use of the word “Allah” for the Christian God, even though it had been used by indigenous groups way before independence, and being the only Muslim country in the world to do so despite wide Arab usage;
Denying Christians land to operate churches or cemeteries.

And the list goes on.

CCM Youth was saddened that Christians today were openly abused, harassed and provoked in the media and encouraged by the government, with all sorts of erroneous information being placed on official government websites put up as decrees; linking activities from Valentine’s Day to ‘poco-poco’ to crosses on football jerseys, to Christian beliefs without so much as a dialogue or a clarification with the Christian community. So much so that even the Islamic government machinery, with nods from cabinet ministers, the Home Ministry and state governments, unashamedly encouraged over-zealous religious officers and Islamic-based NGOs, to propagate and sow seeds of hatred towards the Christian community.

CCM Youth was informed that recently a group of students went for an excursion to the Kuala Lumpur City Hall, and were denied entry just because their uniform had a cross. After so many years of racial-religious polarisation under the hands of government machinery, religious and racial bigotry is now blatantly practised and widely nurtured in government departments against Christians.

CCM Youth believed that the 10-Point Proposal was superfluous as Christian citizens were not asking for anything extra, but for their basic constitutional rights, enshrined in the Federal Constitution, to be respected and honoured.

3. CHRISTIANS’ BIRTHRIGHT TO READ, SPEAK AND WRITE IN THE NATIONAL LANGUAGE

CCM Youth opined that it was ludicrous to deny Malaysian Christian citizens the right to use the country’s national language for the purposes of exercising their faith. On the one hand, non-Malay citizens are often criticized for their purported lack of loyalty when they did not speak Bahasa Malaysia, but when they did, like in this case in order to read the Bible, which they had been doing for generations, they were denied that right! CCM Youth reiterated that as citizens of this country, it was their God-given birthright, which “should not be given up, negotiated, traded away, nor ‘sold for a bowl of pottage’ ”, being simply rushed into just because Christian leaders were offered a “quick-fix” solution to the immediate problems that were originally created by unjust parties.

4. THE 10-POINT PROPOSAL DOES NOT CARRY THE WEIGHT OF LAW

CCM Youth decried attempts to create a “Band-Aid” compromise solution that did not carry the weight of law. If the Malaysian government were truly sincere, there would not be a need for a 10-Point Proposal. Insofar as this matter was concerned, all the government needed to do was to instruct the Home Ministry to drop its appeal on the “Allah” issue, which the Catholic Church won on 31 December 2009 when it took the case to the High Court. This action would immediately lead to the withdrawal of the Allah and the Alkitab from any further restrictions in the country. CCM Youth urged the government to uphold democratic principles and not play games by taking a round-about route that did not reflect their sincerity.

5. 10-POINT PROPOSAL SOWS DISUNITY AMONGST CHRISTIANS

The 10-Point Proposal served only to promote disunity amongst Christians, playing to the ruling government’s “divide-and-rule” tune. CCM Youth questioned how it could be plausible for a 1Malaysia, yet a 2-Bible and 3-Rule solution? If at all, it only cemented CCM Youth’s opinion that 1Malaysia had been nothing but political rhetoric. If Christian leaders had agreed to this proposal, the Orang Asal of Sabah and Sarawak would have one rule; while believers in the Peninsula, including the Orang Asli, would have another rule. Should Christians subject themselves to such confusion and be manipulated to accept such terms? Likewise, by agreeing to such terms now, would Christians then forfeit the right to resolve future outstanding matters beyond the Alkitab issue?

6. NO GUARANTEE THAT PLEDGES OR ASSURANCES WILL BE HONOURED

Time and time again, the Christian community have been given assurances but only to be disappointed later on. CCM Youth urged church leaders to be wise, for what had been dressed as compromise could turn out to be an entrapment – “Even the elect were deceived, if that were possible.” CCM Youth pointed out that they were well aware that there were many obstacles ahead, and they understood the “card game was in the hands” of the government. Even if the Federal government gave the impression of giving way, they could fall back on the state government machinery that would kick in and take that to another gear which involved harassing book stores, printers, forwarding agents, schools and so on, located in affected states.

7. THE TIPPING POINT – TODAY’S DECISION WILL IMPACT FUTURE GENERATIONS

CCM Youth urged church leaders to take their time and not to be in a hurry. It was imperative that they did not fail future generations, or act in a manner that could adversely undermine or enslave future generations from practising their faith freely. CCM Youth urged church leaders to remain faithful and to take as much time as they needed to ponder and to ask pertinent questions without compromising the faith. Otherwise, future generations would return to remind past generations of leaders of "compromises" made today, or that the church leaders held silent when they could have spoken up, having restrained themselves from pursuing justice when they had the opportunity to do so. CCM Youth urged church leaders not to worry about having to come to a decision by the CFM’s Biennial General Meeting on April 14, 2011, but to take ample time to pray and seek the Lord before coming to a decision.

CCM Youth reminded church leaders that even the youths today were still learning the full extent of the rights that had been eroded to-date as events unfolded, and CCM Youth would endeavour to support church leaders to their best of abilities to recover that which was lost, and hand over full freedom to future generations as their legacy.

8. ARE WE SPEAKING TO THE RIGHT PARTY WITH THE AUTHORITY?

With due respect to Senator Datuk Seri Idris Jala, CCM Youth raised concerns that there were no assurances that he had the full weight of the cabinet behind him in this regard, given the underlying tones and lack of media support from cabinet ministers. Even the Prime Minister himself had been strangely silent. From remarks given by the Home Minister and various “shadow gatekeepers”, there had been no assurance that the relevant ministries would honour any form of agreement. What remained consistent so far had been the consistency of the government’s inconsistencies. The danger of flip-flops was not a probability, but a given. CCM Youth believed that this rush to force a solution was inadvertently linked to the outcome of the Sarawak elections and the potential impact from its Christian majority population. CCM Youth observed that it was this careless ‘short-term opportunistic’ attitude of the government for political expediency that had made them wary of such overtures and advised church leaders to exercise greater caution under such circumstances. If the government were sincere in addressing the grievances of the Christian community, CCM Youth believed that nothing less than the coming together of a task force from the Prime Minister’s Department, the Home Ministry, the Attorney General, the Education Ministry and all state governments and Islamic departments had to take place.

9. SORRY SEEMS TO BE THE HARDEST WORD

CCM Youth pointed out that it was Datuk Seri Idris Jala who apologized. So far, no official statement of apology had been offered by any ministry, especially none was forthcoming from the Home Minister, the main protagonist who directed the stamping of the Bibles. The public ought to know that this entire episode of the desecration of the Christian’s Holy Scriptures happened during the holy month of LENT which precedes and commemorates the Lord Jesus Christ’s crucifixion and celebrates His resurrection. If an opportunity presented itself for reconciliation and restoration to properly right the grave wrong committed, CCM Youth would certainly offer forgiveness. Obviously, the situation had yet to present itself.

10. CHRISTIAN CABINET MINISTERS MUST TAKE LEADERSHIP

CCM Youth noted that except for Datuk Seri Idris Jala, many Christian cabinet ministers have kept silent. One cabinet minister even called Christians foolish for holding prayer rallies. CCM Youth challenged cabinet ministers to be faithful and to choose today whom they served – whether God or man.

CCM Youth reiterated that they were not being unreasonable, audaciously demanding or stirring trouble. CCM Youth regretted that for a long time, the Church had remained silent, having compromised when it should not have. In good faith, church leaders had been drawn into endless unproductive closed-door meetings, given verbal promises and handshake agreements that never materialized. Unfortunately for the Church, Christian goodwill had not been reciprocated, and closed door agreements never honoured. The recent desecration of the AlKitab was the last straw.

CCM Youth called upon all Christians today to rally firmly behind their Christian leaders as they worked towards a resolution for the community. CCM Youth urged the Christian community to uphold their leaders in prayer more fervently.

CCM Youth reiterated that they remained committed to nation-building and bringing about justice, peace and reconciliation for all Malaysians and migrants, and would stop at nothing to bring about change for the betterment of all peoples regardless of creed, race or religion, through proclaiming truth and bringing about justice and transformation to the nation.

Thank you.

Yours sincerely,

(signed)
Daniel Chai
Secretary
CCM Youth
Email: ccmyouth@gmail.com
April 8, 2011
SOURCE: COUNCIL OF CHURCHES OF MALAYSIA YOUTH
Media Contact details:
Persons to contact – Daniel Chai 012 3986776 and Elaine Teh 016 221 7894

===========================================

14 April 2011 - CFM Media Statement - 10-Point Solution Ad Hoc And Short-Term Resolution

CHRISTIAN FEDERATION OF MALAYSIA (PERSEKUTUAN KRISTIAN MALAYSIA)

The Christian Federation of Malaysia (CFM) takes note of the Prime Minister's letter dated 11 April 2011 in relation to the collective decision of the Cabinet on the 10-point solution to address the Alkitab or Bahasa Malaysia/Indonesia Bible and other related issues.

We consider the 10-point solution to be an ad hoc and short-term resolution to the two consignments of Alkitab which have been impounded at Port Klang and the Port of Kuching.

We reiterate that the Bible is our Holy Scripture and it is our right to read, study and pray with it in the language of our choice as freedom of religion is enshrined under our Federal Constitution.

The 10-point solution deals with the impounding of the Alkitab but not with the prohibition of publications containing the word "Allah". The root cause of the problem of the impounding of the Alkitab lies in the following:

1. The 1982 prohibition of the Alkitab and the 1983 prohibition of the Perjanjian Baru under the Internal Security Act 1960 (ISA) on the grounds that the Alkitab is prejudicial to national interest and the security of Malaysia.

2. The 1986 administrative order prohibiting the use of the term "Allah" in Christian publications on the grounds of public order and prevention of misunderstanding between Muslims and Christians.

3. The Garis Panduan of the Bahagian Kawalan Penerbitan dan Teks Al-Quran of the Ministry of Home Affairs prohibiting the use of the word "Allah".

In this regard we refer to item 9 of the 10-point solution which reiterates the Government's commitment to address religious issues. The Government, therefore, should take immediate steps to remove the root causes by revoking the orders made under the ISA and the administrative order and to amend the Garis Panduan to remove the prohibition.

The "one country two policies" approach is confusing and unacceptable. We look forward to working with the Government to address other long standing issues affecting the Christian community including the relevant provisions in the State Enactments.

Yours sincerely,
Bishop Ng Moon Hing
Chairman and the Executive Committee,
Christian Federation of Malaysia

============================================

March 31, 2011- Bible Society collects stamped Alkitab — as museum piece

By Debra Chong

KUALA LUMPUR, March 31 — Despite denouncing the federal government for “desecrating” 5,000 Malay bibles with the Home Ministry’s seal, the Bible Society of Malaysia (BSM) has finally picked up its two-year-old cargo worth RM70,000 from Port Klang.

The importer said the stamped and serialised bibles, which it collected yesterday, cannot be sold and will instead be preserved as museum pieces and a reminder to future generations of Malaysian Christians of what it maintains was a deliberate and unjustified government move to deface their holy book.

“The 5,000 copies of the Alkitab that has been defaced by KDN (the Home Ministry) cannot be sold to Christian buyers.

“Instead, they will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia,” the BSM said in a statement last night.

It was silent on the present location of the holy books and the Christian museum.

When contacted, the society’s general secretary, Reverend Simon Wong, told The Malaysian Insider the details would be disclosed later, but gave no date.

BSM said it decided collect the bibles because it feared the ministry may carry out what it considered further acts of desecration or disrespect on the bibles which it had seized from port on March 20, 2009.

The society pointed to the ministry’s officials who hastily moved to stamp and serialise every copy without first consulting its organisation two weeks ago.

BSM also rejected the Cabinet’s offer for certain Christian donors to reimburse BSM for the costs of the marked cargo, valued at RM70,000.

The government’s Christian minister, Datuk Seri Idris Jala, in his statement on March 22, said that certain Christian donors had also offered to fully replace, free of charge, the two marked cargoes at Port Klang and Kuching, which had been seized and detained by home ministry officials.

“Concerning the offer to compensate BSM for the costs of this shipment, BSM wishes to make its stand clear that BSM will only accept a cheque from KDN and will not accept any money from so-called ‘Christian donors’,” it said.

Earlier yesterday, the Christian Federation of Malaysia (CFM) rejected the federal government’s overture in the Alkitab row, saying it did not resolve the core issue which is the erosion of basic human rights protected by the Federal Constitution.

The umbrella body representing over 90 per cent of churches here was referring specifically to Putrajaya’s offer to mask the Home Ministry’s stamp and serial numbering of 35,100 copies of the Malay bibles shipped in from Indonesia last week, as laid down last week by Jala, who is in charge of government and economic transformation.

“Our position is that there should be no restrictions, proscriptions or prohibitions whatsoever on the bible or the use of the language of our choice in the practice of our religion, as it was in the days before and after the formation of Malaysia,” CFM said in a statement here today, adding that the Alkitab issue was not the only restriction.

It noted that there has been a “systematic and progressive pushing back” of Christian rights — dating back to the 1980s — namely the right to practise, profess and express their faith.

It pointed to a series of restrictions imposed on Christians, such as the freedom to wear and openly display religious symbols, like the cross; the building of churches; and even what words can be used in a Christian religious context.

CFM, however, had said it would leave the decision on what to do with the marked cargoes to the two Alkitab importers in Selangor and Sarawak.

The Sarawak importer, a local branch of global Christian group, The Gideons, has yet to announce its decision.

Malaysia’s biggest state with a majority Christian population will head to the ballot box for its state polls on April 16.

==========================================

April 09, 2011- Putrajaya says importers agree to collect impounded Alkitab

By Shazwan Mustafa Kamal
UPDATED @ 07:07:43 AM 10-04-2011

KUALA LUMPUR, April 9 — The Malay bible importers have now agreed to collect the 35,100 copies impounded in Port Klang and Kuching, the Najib administration said today of the issue that has touched-off a firestorm across the country.

Home Ministry secretary-general Datuk Seri Mahmood Adam said the 10-point solution proposed last week had “paved the way” for the importers, the Bible Society of Malaysia (BSM) and The Gideons, to collect back the books.

“The Bible Society of Malaysia (BSM) has already collected the 5,100 Bibles in Port Klang,” he was quoted as saying today in an official statement from Pemandu.

“BSM deeply appreciates the Government’s 10-point solution which is not only an affirmation of the 2005 agreement but also include additional safeguards to ensure that incidents that have recently been the bone of contention should not happen again.

“BSM is also deeply touched by the Government’s humility in admitting to shortcomings in the handling of the Bibles in Bahasa Malaysia and Indonesia issue and their request for forgiveness. BSM, without hesitation, forgives,” said BSM president Lee Min Choon in the statement by Pemandu, the Performance and Management Delivery Unit within the Prime Minister’s Department.

The statement today said that The Gideons has officially informed Datuk Seri Idris Jala and officials of Home Ministry (KDN) officials that they will collect all the 30,000 Bibles impounded in Kuching.

Jala is a minister in the Prime Minister’s Department and Pemandu chief executive.

He announced the 10-point solution last week but Home Minister Datuk Seri Hishammuddin Hussein said a day later that the formula had not been finalised.

The Gideons have also asked the Home Ministry to invalidate the previous stamp on the Alkitab, a act described as stupid today by Sarawak Chief Minister Tan Sri Abdul Taib Mahmud, who is campaigning in the state election set for April 16.

The latest breakthrough is expected to help the ruling Barisan Nasional (BN) keep its two-thirds legislative majority in Sarawak, which has a dominant Christian population.

According to the statement today, BSM has agreed to release the government of any obligation, legal or moral, to compensate BSM for the 5,000 copies of the bible that cannot be sold and leaves the matter to the “goodwill and judgment” of the administration.

BSM however stressed that the government should consult them on any issues pertaining to the Malay bibles as they were the principal importers.

The Home Ministry officials are currently stamping all the 30,000 Bibles with the words “Invalidated by KDN”. Once this is done, The Gideons will collect the bibles, the statement said.

The statement added that Jala had met up with the Association of Churches of Sarawak (ACS) in Kuching earlier today to explain the 10 point solution put in place by the government. During the meeting, he confirmed to the Christian group that the 10 point solution was the collective decision made by the Cabinet.

“In Sarawak and Sabah, there should be no issue at all. No stamp, no serial numbers. The bibles can be printed and can be imported without any restriction whatsoever,” Jala was quoted as saying during the meeting.

The Pemandu statement also quoted Hishammuddin expressing appreciation to the importers for resolving the issue.

“This is indeed a positive development. I appreciate the positive and considerate attitude taken by the Bible Society of Malaysia and Gideon in dealing with this matter.

“I wish to confirm that the 10 point solution is a collective cabinet decision,” Hishammuddin said.

=========================================

Compiled and annoted at http://jasonkaykl.blogspot.com
Twitter @JK_mlk

Press Statement by CCM Youth on the AlKitab/Allah issue

2011-04-09T11:10:00.003+08:00

Save for the word "desecration", I fully support this press statement by CCM Youth dated 08 April 2011.

Jason Kay

========================================================

Friday, April 8, 2011

UPHOLD DEMOCRATIC PRINCIPLES: FULL FREEDOM, FULL RIGHTS - NO TO 10-POINT PROPOSAL

Kuala Lumpur – 8 April 2011. CCM Youth issued a press release today expressing their views in response to the various press statements issued by the Christian Federation of Malaysia (“CFM”), the National Evangelical Christian Fellowship (“NECF”), the 10-point solution as proposed by Senator Datuk Seri Idris Jala (“10-Point Proposal”) Minister in the Prime Minister’s Department, and comments made in the media by the Home Minister, Datuk Seri Hishammuddin Hussein and various parties.

10-POINT PROPOSAL ONLY ADDRESSED THE ALKITAB ISSUE

The 10-Point Proposal presumed that Christians were only concerned with the Alkitab issue. That premise is incorrect. The 10-Point Proposal distracted both the public and the church leaders from getting to the heart of the matter, that is, the concern over the overt and covert manner which the government had discriminated against the Christian citizenry for close to forty (40) years that had resulted in the gradual deterioration of basic rights of Christians to freely exercise their faith.

RESTORE FULL RIGHTS AND FULL FREEDOM ENSHRINED IN THE FEDERAL CONSTITUTION

CCM Youth denounced deplorable accusations that Christians were not being “fair” or “reasonable” in resolving the Alkitab matter. CCM Youth disclosed that the Malaysian government had unreasonably and unjustly acted in bad faith since the early 1970s to-date against the Christian community. Among some examples were:

· Gradual erosion of the control of mission schools which included even the physical removal of words such as “Holy” and crosses from schools, even though the land, building and board of governors belonged to the church;

· Removing or disallowing “Christian Fellowships” from being recognized as societies in schools and universities;

· Harassing and transferring out Christian teachers found teaching Bible Knowledge, a legitimate examinable subject for the SPM;

· Gazetting the AlKitab, the Bible in Bahasa Malaysia and Bahasa Indonesia, as a threat to national security under the Internal Security Act;

· Denying the use of the word “Allah” for the Christian God, even though it had been used by indigenous groups way before independence, and being the only Muslim country in the world to do so despite wide Arab usage;

· Denying Christians land to operate churches or cemeteries.

And the list goes on.

CCM Youth was saddened that Christians today were openly abused, harassed and provoked in the media and encouraged by the government, with all sorts of erroneous information being placed on official government websites put up as decrees; linking activities from Valentine’s Day to ‘poco-poco’ to crosses on football jerseys, to Christian beliefs without so much as a dialogue or a clarification with the Christian community. So much so that even the Islamic government machinery, with nods from cabinet ministers, the Home Ministry and state governments, unashamedly encouraged over-zealous religious officers and Islamic-based NGOs, to propagate and sow seeds of hatred towards the Christian community.

CCM Youth was informed that recently a group of students went for an excursion to the Kuala Lumpur City Hall, and were denied entry just because their uniform had a cross. After so many years of racial-religious polarisation under the hands of government machinery, religious and racial bigotry is now blatantly practised and widely nurtured in government departments against Christians.

CCM Youth believed that the 10-Point Proposal was superfluous as Christian citizens were not asking for anything extra, but for their basic constitutional rights, enshrined in the Federal Constitution, to be respected and honoured.

CHRISTIANS’ BIRTHRIGHT TO READ, SPEAK AND WRITE IN THE NATIONAL LANGUAGE

CCM Youth opined that it was ludicrous to deny Malaysian Christian citizens the right to use the country’s national language for the purposes of exercising their faith. On the one hand, non-Malay citizens are often criticized for their purported lack of loyalty when they did not speak Bahasa Malaysia, but when they did, like in this case in order to read the Bible, which they had been doing for generations, they were denied that right! CCM Youth reiterated that as citizens of this country, it was their God-given birthright, which “should not be given up, negotiated, traded away, nor ‘sold for a bowl of pottage’ ”, being simply rushed into just because Christian leaders were offered a “quick-fix” solution to the immediate problems that were originally created by unjust parties.

THE 10-POINT PROPOSAL DOES NOT CARRY THE WEIGHT OF LAW

CCM Youth decried attempts to create a “Band-Aid” compromise solution that did not carry the weight of law. If the Malaysian government were truly sincere, there would not be a need for a 10-Point Proposal. Insofar as this matter was concerned, all the government needed to do was to instruct the Home Ministry to drop its appeal on the “Allah” issue, which the Catholic Church won on 31 December 2009 when it took the case to the High Court. This action would immediately lead to the withdrawal of the Allah and the Alkitab from any further restrictions in the country. CCM Youth urged the government to uphold democratic principles and not play games by taking a round-about route that did not reflect their sincerity.

5. 10-POINT PROPOSAL SOWS DISUNITY AMONGST CHRISTIANS

The 10-Point Proposal served only to promote disunity amongst Christians, playing to the ruling government’s “divide-and-rule” tune. CCM Youth questioned how it could be plausible for a 1Malaysia, yet a 2-Bible and 3-Rule solution? If at all, it only cemented CCM Youth’s opinion that 1Malaysia had been nothing but political rhetoric. If Christian leaders had agreed to this proposal, the Orang Asal of Sabah and Sarawak would have one rule; while believers in the Peninsula, including the Orang Asli, would have another rule. Should Christians subject themselves to such confusion and be manipulated to accept such terms? Likewise, by agreeing to such terms now, would Christians then forfeit the right to resolve future outstanding matters beyond the Alkitab issue?

NO GUARANTEE THAT PLEDGES OR ASSURANCES WILL BE HONOURED

Time and time again, the Christian community have been given assurances but only to be disappointed later on. CCM Youth urged church leaders to be wise, for what had been dressed as compromise could turn out to be an entrapment – “Even the elect were deceived, if that were possible.” CCM Youth pointed out that they were well aware that there were many obstacles ahead, and they understood the “card game was in the hands” of the government. Even if the Federal government gave the impression of giving way, they could fall back on the state government machinery that would kick in and take that to another gear which involved harassing book stores, printers, forwarding agents, schools and so on, located in affected states.

THE TIPPING POINT – TODAY’S DECISION WILL IMPACT FUTURE GENERATIONS

CCM Youth urged church leaders to take their time and not to be in a hurry. It was imperative that they did not fail future generations, or act in a manner that could adversely undermine or enslave future generations from practising their faith freely. CCM Youth urged church leaders to remain faithful and to take as much time as they needed to ponder and to ask pertinent questions without compromising the faith. Otherwise, future generations would return to remind past generations of leaders of "compromises" made today, or that the church leaders held silent when they could have spoken up, having restrained themselves from pursuing justice when they had the opportunity to do so. CCM Youth urged church leaders not to worry about having to come to a decision by the CFM’s Biennial General Meeting on April 14, 2011, but to take ample time to pray and seek the Lord before coming to a decision.

CCM Youth reminded church leaders that even the youths today were still learning the full extent of the rights that had been eroded to-date as events unfolded, and CCM Youth would endeavour to support church leaders to their best of abilities to recover that which was lost, and hand over full freedom to future generations as their legacy.

ARE WE SPEAKING TO THE RIGHT PARTY WITH THE AUTHORITY?

With due respect to Senator Datuk Seri Idris Jala, CCM Youth raised concerns that there were no assurances that he had the full weight of the cabinet behind him in this regard, given the underlying tones and lack of media support from cabinet ministers. Even the Prime Minister himself had been strangely silent. From remarks given by the Home Minister and various “shadow gatekeepers”, there had been no assurance that the relevant ministries would honour any form of agreement. What remained consistent so far had been the consistency of the government’s inconsistencies. The danger of flip-flops was not a probability, but a given. CCM Youth believed that this rush to force a solution was inadvertently linked to the outcome of the Sarawak elections and the potential impact from its Christian majority population. CCM Youth observed that it was this careless ‘short-term opportunistic’ attitude of the government for political expediency that had made them wary of such overtures and advised church leaders to exercise greater caution under such circumstances. If the government were sincere in addressing the grievances of the Christian community, CCM Youth believed that nothing less than the coming together of a task force from the Prime Minister’s Department, the Home Ministry, the Attorney General, the Education Ministry and all state governments and Islamic departments had to take place.

SORRY SEEMS TO BE THE HARDEST WORD

CCM Youth pointed out that it was Datuk Seri Idris Jala who apologized. So far, no official statement of apology had been offered by any ministry, especially none was forthcoming from the Home Minister, the main protagonist who directed the stamping of the Bibles. The public ought to know that this entire episode of the desecration of the Christian’s Holy Scriptures happened during the holy month of LENT which precedes and commemorates the Lord Jesus Christ’s crucifixion and celebrates His resurrection. If an opportunity presented itself for reconciliation and restoration to properly right the grave wrong committed, CCM Youth would certainly offer forgiveness. Obviously, the situation had yet to present itself.

CHRISTIAN CABINET MINISTERS MUST TAKE LEADERSHIP

CCM Youth noted that except for Datuk Seri Idris Jala, many Christian cabinet ministers have kept silent. One cabinet minister even called Christians foolish for holding prayer rallies. CCM Youth challenged cabinet ministers to be faithful and to choose today whom they served – whether God or man.

CCM Youth reiterated that they were not being unreasonable, audaciously demanding or stirring trouble. CCM Youth regretted that for a long time, the Church had remained silent, having compromised when it should not have. In good faith, church leaders had been drawn into endless unproductive closed-door meetings, given verbal promises and handshake agreements that never materialized. Unfortunately for the Church, Christian goodwill had not been reciprocated, and closed door agreements never honoured. The recent desecration of the AlKitab was the last straw.

CCM Youth called upon all Christians today to rally firmly behind their Christian leaders as they worked towards a resolution for the community. CCM Youth urged the Christian community to uphold their leaders in prayer more fervently.

CCM Youth reiterated that they remained committed to nation-building and bringing about justice, peace and reconciliation for all Malaysians and migrants, and would stop at nothing to bring about change for the betterment of all peoples regardless of creed, race or religion, through proclaiming truth and bringing about justice and transformation to the nation.

Thank you.

Yours sincerely,

(signed)

Daniel Chai

Secretary

CCM Youth

Email: ccmyouth@gmail.com

April 8, 2011

SOURCE: COUNCIL OF CHURCHES OF MALAYSIA YOUTH

Media Contact details:

Persons to contact – Daniel Chai 012 3986776 and Elaine Teh 016 221 7894

http://www.facebook.com/M68Youth

Why Defacement of the Alkitab is NOT Desecration

2011-03-31T14:44:00.000+08:00

First, the view of Ng Kam Weng of Kairos Research Centre in his article Why Defacement of the Alkitab is Desecration - http://libertysentinel.wordpress.com/2011/03/21/why-defacement-of-the-alkitab-is-desecration/

One comment left on this post is by a Lee Yik Sheng. I agree with it. I've bold and italicize the important bits.

Lee Yik Sheng Says:
March 24, 2011 at 2:37 pm

Although I disagree strongly with the policy of the home ministry (more so the attitude of the minister as reported in the media), I think using the word desecration is not appropriate and could raise more confusions than finding solutions.

Our bible is inspired by God and because of this, it is considered the word of God worthy of following and submitting our lives to. But the bible is not by itself, a sacred religious object like what pagans considered some objects to be, which would mystically bring miraculous powers to the wielder.

Such an object can be desecrated, but this is very much a pagan concept. However, such a concept, in my view, should not be applied to our bible because in its physical nature, the bible is just another normal object, made out of paper and print, or digital ink if you wish.

Nevertheless, it is holy and it is the word of God in every spiritual sense because when we follow or preach it, God chooses to work through it, confirming it with miraculous signs, as if saying that these are His words that represent His character. Only in this sense, I believe, is our bible considered holy and sacred.

Nothing from the outside can defile a person, says our Lord. Equally, nothing done by man physically to our bibles can ‘desecrate’ it because the ‘desecration’ of our bibles, God’s word, can only happen from within our hearts, when we ourselves choose to ignore, dishonour and disobey it.

Yes, we resist the kind of high handed way in which the home ministry and the obnoxious minister are handling the issue, but we ourselves must not be confused and raise unwarranted fears when the circumstance does not warrant it.

My two cents to clarify on the issue to lessen the confusion, and to reduce the tension. May the peace of God be with you.

For a really long, and I mean LONG analysis of the issue, have a read of this - Alkitab Stamping & Serialization: Response 2.0 - http://szezeng.blogspot.com/2011/03/alkitab-stamping-serialization-response.html

I'm still following the story

A solution to end all Racism?

2011-03-19T01:16:00.002+08:00

A funny, and some might consider racist video from a UCLA (University of California, Los Angeles) political science student has recently been the talk of the internet. The original video had been removed by the girl, but as with all things on the Net, once it's up, it's there forever.

In it, she, a white American, complains about Asian students. It lasts all of 2.52 minutes.

Was it funny? Yes.

Was it racist? Probably.

Why don't you see it for yourself first - Re-Post: Asians in the Library - UCLA Girl going wild on Asians, then come back to finish reading this.

Now, obviously, the talking heads had to analyze the issue and give their pearls of wisdom. Here's from the New York Times, U.C.L.A. Student’s Video Rant Against Asians Fuels Firestorm, The Nation, FIRE, Alexandra Wallace, and Defending Offensive Speech, and San Francisco Chronicle, High price to be paid for controversial social-media mishaps. Very reasoned and fair comments. No doubt about that.

However, a nice Vietnamese guy decided to give tit-for-tat. He made his own 2.17 minute video, in the same style as the girl's video, as a riposte. I found it absolutely and brilliantly hilarious. Have a look - Asian guy responds to Asians in the Library (Alexandra wallace)

Now, was it the politically correct (PC) way to respond to the girl's video? Probably not. But, was it the smack bulls-eye-on-the-head-of-a-

nail way to respond to her? ABSO-freaking-LUTELY!

The civilized, PC, way to respond to the girl was obviously not what the Vietnamese guy did. But you know what, HIS way was, to me, the appropriate way to respond. It was eye for an eye. No more, no less.

He did not veer from style, nor from content. He did not go overboard and he did not ramble. And, this is important, he made it entertaining. To me, any person offended by her would, after watching his video, be laughing so hysterically that any ill-feeling would be soon forgotten. They would move on with their lives, chalking the whole experience up to a silly girl, and guy, ranting.

Perhaps THIS is the secret to combating racism: Allow offensive remarks to be countered by equally (not more) offensive and FUNNY retort. The racist is shown up for the ignoramus that he/she is, and we all get a good laugh, along with a lesson.

But this secret ingredient must be present: Everyone must be able to take as well as they give. If the givers have thin skins with bullies at their beck and call to boot, then it's best to stick to the long laborious process of PC dialogue, talk, discussion, conference, mission statement ... yada yada yada ....

Oh, by the way, there is a very entertaining song to cap this whole episode - Asians in the Library Song (Response to UCLA's Alexandra Wallace)

I still prefer the Vietnamese guy's rant tho :-) Thank you for reading, and, "Have a nice day!"

Kitten killer case - "The measure of a society can be how well its people treat its animals."

2011-03-08T22:47:00.001+08:00

To: editor@thestar.com.my
c.c.
1. SPCA Selangor, Malaysia, spca@streamyx.com
2. Christine Lai, via http://www.facebook.com/pages/Malaysian-Dogs-Deserve-Better/64173243307

Kitten killer case - "The measure of a society can be how well its people treat its animals."

Dear Sir,

I refer to your article on March 8, 2011 titled “Activists: Law must not pussyfoot on Chow’s cruelty”.

As much as we would like to hang Xiao Wei out to dry for her actions as soon as possible, our society, our country, has laws; and we live by those laws. The law says that an investigation will have to be conducted by the relevant department and if prosecution is recommended, the Attorney General will then have to say either ‘Yes’ or “No”.

If the case is prosecuted in Court, the fact that she has confessed would make the trial very short. But this process of law involves one final step: Mitigation. This is where the convicted person addresses the Court, in person or through an advocate, and puts forth the extenuating facts or circumstances that she wishes the Court to take into account before passing sentence. The prosecution will then have the opportunity to address the Court and cite aggravating facts or circumstances that it feels necessitates a harsh sentence. All these factors will then be considered by the Judge (Magistrate in Xiao Wei’s case) before he/she decides on the appropriate sentence.

That is our system of criminal justice. It is for all - the weak and strong, male and female, old and young, rich and poor. We may not believe it is perfect - we may even believe that it is broken. But if we skip any one of those steps, if we say, “Forget about going through the process, it’s so OBVIOUS she’s guilty and she should be punished; forget about what stupid excuses she has,” then woe on us. Woe on us all!!! Because that is when we cease to be a society governed by laws and we degenerate to a rabble governed by mob justice.

Get off your high horse, and come down from your ivory tower. We have not walked a foot, much less a mile, in Xiao Wei’s shoes. How dare we say she is making up stories? How dare we say she is not psychologically traumatized from her parents’ divorce? How dare we prejudge her without giving her the benefit of the doubt?

At the end of the day, the same conclusion may be reached, i.e. She is guilty as sin and that she should be punished to the full extent of the law. But it only becomes a meaningful conclusion if we took the time to go through the process of the law; because that is, ultimately, what we fallible imperfect human beings have: a process. And if we short-cut that process, well, what are we then? Clairvoyant? Omniscient? Who would dare say that?

So, let’s just all take a moment, back off, and let the due process of law run its course.

If nothing happens, then join your local animal rights organization and lobby for prosecution of Xiao Wei. If you don’t like the measly punishment imposed, then lobby your wakil rakyat to change the law to impose harsher sentence. THAT’S the correct way to do things. Unless of course you’ve already tied your knots and have picked a suitable tree for the lynching. Then I want nothing to do with you - you inhumane animal.

Jason Kay
Malacca

Big Sweep lottery gambling

2011-03-05T15:24:00.003+08:00

05th March, 2011

To: Nasrudin Hassan - tantawy08@yahoo.com, tantawy09@ymail.com, ketuapemuda@pas.org.my and The Editor, The Star editor@thestar.com.my

Hi,

Now, on the assumption that The Star has reported your words and message accurately in the article "PAS Youth wants lottery sales and all forms of gambling prohibited", may I (hopefully) be the first to give you a pat on the back and say, "Haha, bro, you funny la. You seriously fun-ny!"

*pat on the back*

I could type type type and say why I disagree with you ... but I think in the next few days, you'll be getting a deluge of response to your stand here :-)

Anyway, on this issue, Syed Akbar Ali has posted an article entitled "Kemungkaran". I found it an interesting read. Don't worry, it can't compare to the sheer 'laugh-out-loud' moment I had when I read your comments. You still da man
:-D

But, lest you think I'm too frivolously jovial now, do know that I have noted that only The Star has carried this story for 2 days in a row; and also do know that I have read your in-depth interview, again in The Star (this paper seem to really like you) entitled "Of V-Day and other matters". Brilliant stuff (I don't agree with you on quite a number of things, but it's good to see your thoughts in bigger chunks and not merely soundbites)

Wishing you a good weekend
:-)

Jason Kay
Melaka

Alcohol, Secularism and Religion (oh, what a combo)

2011-03-05T03:27:00.003+08:00

05th March, 2011

To: Editor, The Star - editor@thestar.com.my
c.c. IKIM - info@ikim.gov.my

Hi there :-)

I read this first, Need to understand other religions, so naturally I also clicked on the link the read High time to cut alcohol abuse. Interesting stuff.

If you're going to edit my letter, don't bother publishing it. So, for your eyes (and whoever happens to pass by my blog), here's my sweet and short comments on the issue/article.

Sweeping generalizations are so funny. For example, "The truth is that all religions are against liquor. That’s why secularism is a common enemy to all religions.", & "Followers of all religions must deem liquor as a substance prohibited by God.", & "Even atheists are advised to despise it on moral and ethical grounds.", & "All must stay away from it for the good of all mankind." Absolutely HILARIOUS stuff!!!
Did you do heavy editing, and I mean seriously heavy editing, on the IKIM piece? Disjointed is a charitable way to describe it.
Christians, for the uninformed, do use wine (which contains alcohol) during Holy Communion a.k.a The Lord's Supper, which is a sacrament. I'm sure you know the big words in the preceding sentence. For the uninformed, I introduce you to my friend named Google - go ahead, knock yourself out. It's fun learning new things without being spoon-fed. Even if I wanted to, Article 11(4) of the Federal Constitution prohibits me from spoon-feeding.

So that's it, the short and sweet comment.

Jason Kay

Freedom of Speech and Changing Laws

2011-03-04T11:11:00.004+08:00

I'm finally breaking with the theme of this blog and will write a piece that is not addressed to anyone. Merely just airing my thoughts.

On 03rd March 2011, it was reported that "(United States of America) Supreme Court sides with churchgoers who picketed military funeral". The full report can be found at the bottom of this post.

About the same time, it was reported that "Christian politician killed by Pakistani gunmen (in Pakistan)". The full report can be found at the bottom of this post.

Both stories troubled me. Below are my views.

This is supposed to be the current outer limits of freedom of speech in the US of A today

Supreme Court sides with churchgoers who picketed military funeral - March 3, 2011
http://www.latimes.com/news/nationworld/nation/la-na-court-protests-20110303,0,7382749.story
"... the Supreme Court on Wednesday said that even anti-gay protesters who picketed the funerals of U.S. troops with signs reading, "Thank God for Dead Soldiers," cannot be sued ... In an 8-1 decision ... Chief Justice John G. Roberts Jr. said that when the disputed words "address matters of public import on public property" and when the protest is conducted "in a peaceful manner, in full compliance with the guidance of local officials," they are protected."

The Westboro Baptist Church protest. Undoubtedly, they have NO CLASS. It's a funeral lah for goodness sake. Certain things are sacrosanct.
Does the law in the US of A says they can act like idiots? Yes.
Is that law a good law? Yes.
Are they idiots nonetheless? Yes yes yes.
I'll say no more on this because buang masa commenting on idiocy.

Christian politician killed by Pakistani gunmen -
http://photoblog.msnbc.msn.com/_news/2011/03/02/6170515-christian-politician-killed-by-pakistani-gunmen
"Gunmen shot and killed Pakistan's government minister for religious minorities on Wednesday, ... for urging reform of harsh blasphemy laws that impose the death penalty for insulting Islam."

The shooting of the minister in Pakistan.
As far as I know, asking for reform to a country's laws via the legal way is the correct way for civilized people to effect change. Opposing views can be ventilated in the normal way and whatever happens, the PROCESS will eventually decide whether a law is changed, or not. The losers can fight another day, or leave the country if they think it's a zero sum game of reform or die (it's not. Nothing usually is).

I am reminded of what happened in our country about 2 years ago when Zulkifli Nordin announced that he was going to propose a private member's bill/motion to amend Article 3, 4 & 11, and also Sch 9 of the Constitution. 2 articles - first, and second.

I supported him because even though I do not agree with his proposed amendments, he was absolutely right to try to effect change in that manner.

Shooting a guy you disagree with is, therefore, in my mind, an incorrect method to express dissent.

I wonder if anyone will join me in the above views?

===================================================

Supreme Court sides with churchgoers who picketed military funeral
The justices say members of the Westboro Baptist Church in Kansas have the right to carry anti-gay and other signs at U.S. troops' funerals, however offensive their message may be considered.

By David G. Savage, Washington Bureau

March 3, 2011

Reporting from Washington
Ruling in a case that pressed the outer limits of free speech, the Supreme Court on Wednesday said that even anti-gay protesters who picketed the funerals of U.S. troops with signs reading, "Thank God for Dead Soldiers," cannot be sued.

In an 8-1 decision, the justices upheld an appellate court's decision to strike down a jury verdict against Fred Phelps and the Westboro Baptist Church of Topeka, Kan. Phelps and his family gained national attention — and stirred deep anger — for using military funerals as a backdrop to proclaim an anti-gay and anti-military message.

The church believes that the United States is too tolerant of sin and that the death of American soldiers is God's punishment.

Chief Justice John G. Roberts Jr. said that when the disputed words "address matters of public import on public property" and when the protest is conducted "in a peaceful manner, in full compliance with the guidance of local officials," they are protected.

Roberts cited past rulings that shielded offensive words and outrageous protests.

He pointed to the decision that freed protesters who burned the American flag and another that protected a Hustler magazine satirist who portrayed the Rev. Jerry Falwell in an outhouse. Last year, Roberts spoke for the court in striking down on free-speech grounds a law that made it crime to sell videos of illegal dog-fighting.

The "bedrock principle underlying the 1st Amendment," Roberts said in quoting the flag-burning ruling by the late liberal Justice William J. Brennan Jr., is that the government cannot punish words or ideas "simply because society finds the idea itself offensive or disagreeable."

The decision Wednesday drew a howl of protest from Justice Samuel A. Alito Jr. — like Roberts, a conservative — who said that the father of the dead Marine who sued the protesters was "not a public figure" who could be expected to tolerate such an onslaught, but a private person who sought to "bury his son in peace."

"Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case," Alito wrote. "In order to have a society in which public issues can be openly and vigorously debated, it is not necessary to allow the brutalization of innocent victims."

Five years ago, Phelps and his daughters were sued after they picketed near the funeral for Marine Lance Cpl. Matthew Snyder, who died in Iraq in 2006.

Police had kept picketers at least 200 feet from the funeral procession. The demonstrators' signs included one that said, "Thank God for IEDs," a reference to the roadside bombs that have claimed many soldiers' lives in Iraq.

The messages did not refer to the late Marine. His father, Albert Snyder, testified that he saw the signs only when he watched television coverage in the evening.

A few weeks later, however, Snyder saw a posting on Westboro church's website that scorned him and said he had raised his son to serve the devil.

A jury awarded Snyder $11 million in damages for the emotional distress he suffered, but a judge reduced the amount to $5 million. A U.S. appeals court, siding with the Phelps family, said the verdict could not stand.

The Supreme Court took up the case of Snyder vs. Phelps. The issue was difficult for the justices because the public picketing targeted a private family funeral.

If the picketing had taken place at the Pentagon or Capitol Hill, no one would have questioned the Phelps' right to carry their signs, even with their offensive messages.

Lawyers for the father argued that the verdict should stand because he was a private figure, not a public person, and because the protest was a targeted assault on a private memorial service.

In the end, the justices concluded the picketing was more a public protest than a mean-spirited private assault.

The picketing, Roberts wrote, "is certainly hurtful and its contribution to public discourse may be negligible. But Westboro addressed matters of public import on public property, in a peaceful manner."

"On the facts before us, we cannot react to that pain by punishing the speaker," Roberts wrote. "As a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate."

The decision does not appear to affect the laws in 43 states that seek to keep the protesters away from military funerals. In the past, the court has said that officials may regulate where marches and protests take place, so long as they do not ban them or their message entirely.

The Veterans of Foreign Wars said they were "greatly disappointed with the result."

"The Westboro Baptist Church may think they have won, but the VFW will continue to support community efforts to ensure no one hears their voice," said Richard Eubank, the VFW's national commander.

david.savage@latimes.com

Copyright © 2011, Los Angeles Times

========================================

Christian politician killed by Pakistani gunmen
Elena Grothe writes:The AP reports:
Gunmen shot and killed Pakistan's government minister for religious minorities on Wednesday, the latest attack on a high-profile Pakistani figure threatened by Islamist militants for urging reform of harsh blasphemy laws that impose the death penalty for insulting Islam.
The killing of Shahbaz Bhatti, a member of Pakistan's Christian community, was another major blow to Pakistan's besieged liberals, who say the attacks are a symptom of an increasingly radicalized Muslim-majority public. Earlier this year, Punjab province Gov. Salman Taseer was killed by a bodyguard who said he was angry that the politician opposed the blasphemy laws — and many ordinary Pakistanis praised the murderer.
Bhatti was on his way to work in the Pakistani capital, Islamabad, when gunmen riddled his car with bullets, police officer Mohmmad Iqbal said. The minister arrived dead at Shifa Hospital and his driver was also wounded badly, hospital spokesman Asmatullah Qureshi said.
Pakistan’s minorities gripped by fear and despair
No group immediately claimed responsibility for the attack, but private Pakistani TV channels showed pamphlets at the scene of the killing that were attributed to the Pakistani Taliban warning of the same fate for anyone opposing the blasphemy laws.

=================================================

Zulkifli Noordin’s jihad
Tuesday, 24 March 2009 05:30pm

©The Nut Graph (Used by permission)
by Shanon Shah

PARTI Keadilan Rakyat (PKR) Member of Parliament (MP) Zulkifli Noordin recently tried to move a series of constitutional amendments that would elevate the status of Islam in the country's administration.

We know what he is asking for, but do we actually know why he is doing it? The Nut Graph spoke exclusively to Zulkifli via e-mail, and he tells us what his motivations and strategies are.

TNG: What are the chances of your motions — to amend the Federal Constitution — being heard in Parliament? According to PKR vice-president Sivarasa Rasiah, it is virtually impossible for opposition MPs to have their motions heard in Parliament because of Standing Order 15(1) which privileges government business.
Zulkifli Noordin: I agree that it is almost impossible for a private member's motion to be tabled and debated in Parliament because of Standing Order 15(1). However, there is always that slim chance that it may see the light, especially if anyone in government, especially a minister, picks it up.

I'm betting on those chances, hoping maybe any of the ministers will pick up on the motion. As the saying goes, you stand a better chance of getting a fish if you cast your line. So why not give it a try?

Why have you brought these motions forward, especially the ones to amend the Federal Constitution to elevate the status of Islam?

It is my opinion that based on the principle of freedom of religion as enshrined in Article 11(1), every person has the right to profess and practise his or her religion.

As you are aware, Islam is not a religion concentrating only on ritualistic practices. It is a religion that encompasses a whole body of jurisprudence that covers the entire aspect of life. From the simple issue of what to wear, to what to eat, how to govern, the economy, business, law, and so on.

So I believe Muslims should be allowed to profess and practise their religion to the fullest. And anything that prevents a Muslim from doing so should be removed, especially legal barriers. For example, a Muslim flight attendant with MAS or AirAsia should be allowed to cover herself, if she chooses to, in accordance with the Islamic dress code.

The same also applies to Muslims who commit crimes, for example, theft or murder and so on. Subjecting a Muslim to a non-Muslim law will be very unfair to him or her, unless he or she chooses to be subjected to that law.

If Muslims are tried based on Islamic law and jurisprudence, and then convicted or sentenced, that will not only serve as punishment in the world. It is also a means to relieve punishment in the hereafter as they have already been punished in accordance with Allah's law in the worldly realm. A Muslim's conviction or sentence in accordance with human-constructed laws will only serve as punishment to him or her in the worldly realm, but will not relieve him or her of punishment in the hereafter.

That's the reason, you see, that I have proposed almost 20 motions that are inter-related.

One thing I wish to highlight is that none of the motions will subject non-Muslims to Islamic law or jurisprudence. It only covers, and only subjects, Muslims to Islamic laws and jurisprudence.

If the motions do get a chance to be debated, do you think you will be able to get the requisite support from the floor to pass the amendment?

I believe in this verse: "If you assist Allah in His religion, He will assist you and put you in a firm position." (Al Quran, Surah Muhammad, Verse 30)

There are 132 Muslim MPs in Parliament currently. Any Muslim worth his or her salt would definitely support the motions that I've put forward.

Sivarasa says this is merely your personal view and not the party's stand. I'd like to clarify with you whether or not the party, or Pakatan Rakyat, is supporting you in your motions?

I agree that those motions are my personal crusade. I don't even know what is PKR's stand on this issue. I do wish that PKR would make a very clear stand.

I must say, though, that there is an understanding among the Pakatan Rakyat [about] respect for freedom of religion and for Islam being the official religion. But on the general stand of PKR that every person has the right to profess and practise his or her religion, I believe the stand that I take does not contradict the general stand. I am merely upholding the right of Muslims to profess and practise their religion.

Will you keep pursuing these motions, even if they are not given the chance to be debated this time around?

Definitely! It is my personal jihad to uphold the right of Muslims to profess and practise their Islamic religion. And I will do so to my last breath. If I have to die in doing so, then I'm more than happy to give my soul for that struggle. It is my jihad to do so.

The big question that Muslims are asking now is, can we have our lives as Muslims back? And I'm nothing but an instrument of Allah to achieve just that — we Muslims just want our lives back.

-------------------

You must be the change you wish to see in the world.
written by Jason Kay Kit Leon, Wednesday, March 25 2009 11:52 pm

I'm glad to see Zul Nordin trying to change the law in this legally proper manner.

Jason Kay Kit Leon
Melaka

==============================================

Zulkifli moves to amend Federal Constitution
By Shanon Shah | 23 March 2009 |

PETALING JAYA, 23 March 2009: Parti Keadilan Rakyat (PKR) Member of Parliament (MP) Zulkifli Noordin has tried to move four motions in Parliament to amend the Federal Constitution regarding the status of Islam.

The first motion is to amend Article 3(1) to: “Islam is the religion of the Federation, including in terms of laws and legislation.”

The second motion proposes to amend Article 4(1) to: “This Constitution is the supreme law of the Federation and, except for Islamic laws and legislation, any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.”

The third motion proposes to amend Article 11(1) to: “Every person has the right to profess and practise his religion, including changing his religion except for those adhering to Islam who must be subject to Islamic laws and legislation.

“To define those who adhere to Islam, the question of conversion to or apostasy from Islam must be determined by the syariah courts, which have absolute authority over the matter.”

The fourth motion is to amend the Ninth Schedule, List 2(1) to expand the powers of the syariah courts to try, judge and sentence non-conforming Muslims in accordance to Islamic laws and legislation.

In this motion, Zulkifli also asks for the Syariah Courts (Criminal Jurisdiction) Act 1965 to be amended accordingly.

Zulkifli is also trying to move 16 other motions, some of which involve elevating the status of Islam, but these do not entail constitutional amendments.

These motions were published in the Dewan Rakyat’s Order Paper, dated 16 March 2009.

The Nut Graph made several efforts to contact Zulkifli for more details about the motions but was unsuccessful.

Personal, not party views

However, PKR vice-president R Sivarasa dismissed concerns about the controversial MP’s motions, and told The Nut Graph: “These are Zulkifli’s personal views — the party doesn’t endorse those views.”

Sivarasa Sivarasa added that Zulkifli’s motions would most likely not even come up for discussion.

As of 16 March, Zulkifli’s motions were listed at the bottom of 65 motions being moved in Parliament.

“This is what I experienced myself when I tried several times to move a private member’s bill for freedom of information legislation last year,” Sivarasa said.

Sivarasa said that parliamentary systems in other democratic countries allow for a certain number of days during which opposition-sponsored bills, private members’ bills, or other motions can be discussed.

He said the Malaysian Parliament’s Standing Order 15(1) for the Dewan Rakyat, however, states that government business has precedence over private members’ business.

Zulkifli was a prominent participant in the 300-strong demonstration against the Bar Council forum Conversion to Islam: Article 121(1A) of the Federal Constitution, Subashini and Shamala Revisited on 9 Aug 2008, together with others from PKR, PAS, Umno and various Muslim non-governmental organisations.

He was given a show cause letter by his party on 7 Sept 2008, but publicly refused to apologise for his actions. After delaying action on Zulkifli for months, PKR deputy president Syed Husin Ali said on 5 March 2009 that the matter had been “settled internally” some time in 2008.

Syed Husin declined, however, to elaborate on how the matter was settled.

=============================================

The Star on the Valentine Fatwa - 13 February 2011 newspaper

2011-02-13T15:43:00.003+08:00

To:
1. The Editor, The Star - editor@thestar.com.my
2. Shaila Koshy - koshy@thestar.com.my

Hello to you both,

:-) I read with glee this morning the 2 articles that appeared in your fine newspaper - Good sense, moderation must be at our core, and Build respect and tolerance. Good writing, especially these parts:-

On one level, those who would implicate another faith in encouraging permissive behaviour had better check their facts first.

On yet another level, those who want others to respect their religious obligations also need to respect the obligations of others. That cannot happen when ultras pounce on what they (albeit wrongly) regard as a religious occasion of another community.

There is also the matter of the fatwa dated Nov 22-24, 2005, on the Jakim website regarding Valentine’s Day having elements of Christianity, which is just plain wrong (http://www.e-fatwa.gov.my/fatwa-kebangsaan/hukum-orang-islam-menyambut-perayaan-valentines-day). One could easily infer from the fatwa that Christianity leads to immoral behaviour.

These guidelines and fatwa couldn’t be more compelling reasons for Najib to establish a National Inter-faith Council to thrash out misconceptions.

Big cheer to you both :-)
*clap clap clap*
Very good use of column inches. Expect many letters in the coming days *yay*

The mention of "Inter-faith Council" - WHOA!!! Seriously hard-hitting stuff
:-D

Anyway, enough merriment on a Sunday. I wish you a very "Happy Valentine" tomorrow. Chaste, (and not too expensive) preferably
;-)

Jason Kay
Melaka
13 February 2011

Disassociation with CCM's Statement on the Fatwa on Valentine’s Day

2011-02-12T19:38:00.002+08:00

Dear Rev Dr Herman Shastri,

Hi :-)

I noticed you took time to respond to the fatwa on Valentine's day via letter in My Sinchew.

I'm like, so touched you have expressed hurt for my religious feelings. But unlike you, I am not that thin-skinned. So, I would like to politely disassociate myself from your pointless emotional outburst.

Jason Kay
Melaka
12 February 2011

Menggunakan BM di MukaBuku (FaceBook) selama 15 hari Tahun Baru Cina 2011

2011-02-04T12:46:00.004+08:00

Kepada: bhnews@bharian.com.my
s.k. : editor@themalaysianinsider.com

Tuan,

Saya merujuk kepada artikel bertajuk "Non-Malays unpatriotic for neglecting BM, says ex-editor" bertarikh 03 Februari 2011 yang disiarkan di laman web The Malaysian Insider yang merujuk kepada rencana "Rakyat patriotik patut bangga bertutur guna bahasa Melayu".

Saya berharap Tuan sudi memajukan emel ini kepada Datuk Ahmad Rejal Arbee, penulis artikel tersebut untuk memaklumkan kepada beliau yang saya telah memulakan kumpulan Facebook bertajuk "Menggunakan BM di MukaBuku (FaceBook) selama 15 hari Tahun Baru Cina 2011" dengan harapan usaha ini akan menjadi pencetus kepada penambahan penggunaan BM di kalangan pengguna Facebook.

Jason Kay
Melaka
03/2/2011

pautan-pautan yang berkenaan:

On Maryam, the 14-year-old bride

2010-12-17T02:41:00.001+08:00

To: editor@thestar.com.my

Dear Sir,

I refer to your articles and letters regarding Maryam Mahmod, the 14-year-old bride, namely:-

Government ‘no’ to child marriages - December 6, 2010
Court must consider consequences when allowing underage marriages - December 13, 2010
Shahrizat raises questions on the long-term impact on child brides - December 14, 2010
Put an end to child marriages - December 13, 2010
Parents must put an end to child marriages - December 14, 2010

It is good that this case has been brought to the fore in our country. Here is a perfect example where the usual attendant element of coercion is totally absent from the picture. The girl consented, her parents consented, and the Syariah Court approved. So, the only issue left is whether a 14 year old girl marrying a 23 year old man is right, or wrong.

Many say that it is wrong. They give reasons. Good reasons. They are entitled to their opinion. I respect that. Here's mine: I think that they are wrong. I think that they are imposing their world view and values on Maryam and her family. That is wrong. For Maryam and her parents made the decision freely - and that decision was scrutinized by the Syariah Court; and it approved of that decision.

Whether that decision is right or wrong remains to be seen. But only Maryam, her parents, and indirectly, the Syariah Court, will be the ones who will bear the burden and blame should things go sour in the future.

As of right now, no law has been broken. No one has been forced to do anything against their wishes. So who are we to say that we know what's best for that family? How dare we?!

Just because they don't share your world view that a child has to finish schooling, get a job, have savings, get a car, a house and only THEN think of marriage does not make them a lesser human being than you. It does not mean that you are smarter or more enlightened. It just means that they look at life differently than you do. Bear this in mind: Maryam and her family did all of this on the up and up. They were scrutinized by the Syariah Court. They participated in a public wedding ceremony for goodness sake.

It's all good to talk about rights and freedom. But that includes the right for someone else to do something that you personally think is stupid - as long as it is not illegal.

Jason Kay
Malacca
17 Dec 2010

St.Thomas Primary School, Kuching caning over non-halal food - Oct/Nov 2010

2010-11-08T01:05:00.000+08:00

To: editor@malaysianmirror.com

Dear Sir/Madam,

I refer to your article Mother demands probe over non-halal food caning at school

Specifically, I am referring to:-

... on Oct 19th, Angela wrote a letter to the school asking for a written reply on the rules of bringing outside food into the school compound.
On Oct 28, she went to the school again with a legal advisor and was given a written reply from the headmistress the next day.

Is it possible for you to update your article and provide a link to a copy of the said letter?

Thanks.

Jason Kay
Malacca

08 Nov 2010

Was there a typo in this report, "Eighth Rank Shows Success Of Malaysia's National Education System"?

2010-09-01T13:11:00.002+08:00

(01st September 2010)

To: shyong@bernama.com Editor- in-Chief

Hi,

I refer to your report "Eighth Rank Shows Success Of Malaysia's National Education System"
http://www.bernama.com.my/bernama/v5/newsindex.php?id=525307

where you quoted Deputy Education Minister Dr Mohd Puad Zarkashi as saying "Malaysia's eighth world ranking in the field of education as listed by the Newsweek magazine".

A quick check at
http://www.newsweek.com/2010/08/15/interactive-infographic-of-the-worlds-best-countries.html
shows that Malaysia is ranked 36 on the education list.

Was there a typo?

Jason Kay
Melaka

===============================================

(04th September 2010)

To: General Manager BERNAMA , "Senior Manager, Centre for Excellence BERNAMA" , "Manager, Quality Management System (QMS)"

Cc: Letters@newsweek.com

Hello all,

I have yet to receive any response from Editor-in-Chief (shyong@bernama.com).
Would you kindly favour me with a reply to my query as contained in the "forwarded message" attached below?

Thank you.

Jason Kay
Malacca
http://jasonkaykl.blogspot.com/2010/09/was-there-typo-in-this-report-eighth.html

=================================================

(08th September 2010)

To: bhnews@bharian.com.my, news@nstp.com.my, info@sinchew-i.com, editor@thestar.com.my, fred@thesundaily.com, pengarang@utusan.com.my

Factual accuracy in Journalism

Hi all,

I am writing to you as editors of the main stream newspapers purely for some closure on this question: Factual accuracy is important for journalist, right?
I do not wish to point fingers or assign blame. I was merely hoping for a reply on what I consider an important factual error (which would impact the tenor of a story) that was not addressed.

The issue
The question which struck me upon reading this article

Eighth Rank Shows Success Of Malaysia's National Education System
http://www.bernama.com.my/bernama/v5/newsindex.php?id=525307

was, "Is Malaysia ranked no. 8 or no. 36?" since the Newsweek website says Malaysia is no. 36 for education

http://www.newsweek.com/2010/08/15/interactive-infographic-of-the-worlds-best-countries.html

I emailed Bernama twice

http://jasonkaykl.blogspot.com/2010/09/was-there-typo-in-this-report-eighth.html

but to date (08/09/2010 at 10.21am), there is no answer.

What I hope this email will achieve
I am merely hoping that one of you will be able to respond and tell me why this seemingly important factual error was not addressed, or pass this email to someone in Bernama who could give a response (I am not unaware that I probably may have sent my email to the wrong place, but I did get the email addresses from http://www.bernama.com.my/bernama/v5/email.php

Thank you for your time. I will publish any reply from you on my blog and facebook profile. I will not visit this issue anymore other than to say that I will know how to act accordingly in the future based on the response / non response I receive from this and my previous emails on the subject (again, I must stress, I am not out to point fingers, merely to highlight what to me is an important factual error - most probably inadvertent)

Jason Kay
Melaka

Censorship - "The Expendables"

2010-08-24T09:26:00.005+08:00

To the editor The Star - editor@thestar.com.my,

I would be obliged if you could forward this to CONCERNED PARENT, the author of “Movie fan complains on the lack of censorship” which appeared in your letters section in the 24/8/2010 of your main paper. If you wish to run this reply in your paper, feel free to do so too.

Jason Kay
Melaka

=================================================

24/8/2010

Dear Concerned Parent,

You are wrong. I disagree with your letter titled “Movie fan complains on the lack of censorship”. Being a parent (I assume you are a parent from your pseudonym) in Kuala Lumpur in 2010 and being ‘shocked’ at foul language is funny, to me. Have you lived such a cloistered life being uptight that you do not know the world has changed? The Censorship Board must be in a bind trying to balance the numerous criticisms over the years that they are ‘too strict’ with views such as yours, i.e. not strict enough.

Insulting the Board, I quote verbatim, “It is clear that some members of the Board obviously have a very poor command of the English language” is simply in bad taste. Here’s a tip: You attract bees with honey, not vinegar.

Before you think I’m all against you, know that I am not. I do have my reservations with graphic scenes of violence – and I have passed my teenage years long ago – but I have a simple censorship device that is 100% effective: I avert my eyes. I don’t like excessive violence, but I give allowance to the possibility that my threshold is probably lower than others, and instead of raving and ranting, I practice self-censorship. I don’t like horror movies, so I practice self-censorship by not watching them (even if they are shown on terrestrial TV – which means they have been properly ‘sanitized’/censored for a wider audience than movies shown in the cinema).

Look, no one forced you to watch “The Expendables”. You had to pay good money for the experience. So don’t whine about how bad it was for you by blaming the Board and exhorting the Home Minister to “view this movie in a cinema hall” – He has better things to do with his time lah. Chalk it up to experience and don’t watch action movies in the future.

Jason Kay

concerning the Court of Appeal decision Kaliammal v. MAIWP

2010-08-22T23:38:00.010+08:00

To: The President,
Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (mccbchst@yahoo.com)

Dear Rev. Thomas,

I read with a little trepidation the comment from MCCBCHST on the recent Court of Appeal decision for the case of Kaliammal v. Majlis Agama Islam Wilayah Persekutuan & 2 others, delivered on 20th August 2010 as reported in the newspapers (Star – 1st report, 2nd report, SinChew); with the brief facts and arguments found at the Attorney General’s website. This case is so ‘explosive’ that even the Malaysian Bar has said something about it.

Let me to try to allay your concerns. Kaliammal’s lawyer has indicated that he will apply for leave to appeal to the Federal Court, which may or may not decide to hear this case, and which may or may not decide to overturn the unanimous ruling of the Court of Appeal. Even if the appeal is not heard / is dismissed by the Federal Court, there is still hope for further discussions / amicable settlement if the call for the setting up of a Royal Commission is heeded, or if the Cabinet / Parliament steps in to find / propose a solution that will be acceptable to all. So there are still plenty of steps before the doom and gloom period starts.

I don’t think you should worry just yet. In fact, you should not worry at all, or, as you put it, (be) "disappointed". Is it not written, "Therefore I tell you, do not worry about your life, what you will eat or drink; or about your body, what you will wear. Is not life more important than food, and the body more important than clothes? Look at the birds of the air; they do not sow or reap or store away in barns, and yet your heavenly Father feeds them. Are you not much more valuable than they? Who of you by worrying can add a single hour to his life?" (Matthew 6:25-27, NIV)

The situation is still a-ok. Here’s why (I am commenting on the decision of the Court as reported in the newspapers reports listed above):-

The Court of Appeal was unanimous in its decision.
The Court made 2 important observations, which were (and I am paraphrasing here),

in our dual judicial system, where there is irreconcilable dissonance (disagreement), it is for the legislature to provide the remedy; and
although Kaliammal was not subject to the Syariah Court, she nonetheless can go there via the Federal Territory Religious Council (MAIWP), to obtain relief (i.e. to try to set aside the ex-parte order of the Syariah Court stating that Moorthy had embraced Islam prior to his death).

The above 2 comments, to me, are indicative of the reasoning the Court is adopting, which I am summarising as follows:

The Court has taken a strict literal approach to the written law. It is choosing not to be an activist bench – hence the clear ‘sign’ pointing in the direction of the Legislature to fix the hole / lacuna in the law (the "irreconcilable dissonance"). This approach is a valid method in interpreting written law. In legal-speak, the Court chose the literal rule over the golden rule, the mischief rule, and the purposive approach.
The Court understands that strictly speaking, although Kaliammal does not have any locus standi to appear before the Syariah Court, it hints that MAIWP may be able to assist her in this. This is a very positive view of the enhanced role MAIWP can play not only for the Muslims in Wilayah Persekutuan, but for the non-Muslims too. Admittedly, there will be trepidation / disbelief in the lay person’s mind that MAIWP will actually help a non-Muslim (eg. Kaliammal) and go to the Syariah Court on his / her behalf to set aside a Syariah Court declaration that a person (eg. Moorthy) was a Muslim – but if the Court of Appeal of Malaysia is confident that such a role for MAIWP is possible, we should not be so negative / suspicious about it, should we? At present, I am not aware of any instance where MAIWP has ever said that it WILL NOT assist a non-Muslim to set aside a declaration that a deceased is a Muslim. So it IS possible that assistance from MAIWP might be forthcoming.

The Court of Appeal has answered the questions posed to it, and it has even taken the time to give advice to Kaliammal (the enhanced role that can be taken by MAIWP to assist non-Muslims). Frustration should not be vented in the form of anger / disappointment towards the Court just because it didn’t decide the way you were hoping it would. That is not the correct thing to do.

In the end, whatever happens here, I think it bears repeating here that "Do not be quick with your mouth, do not be hasty in your heart to utter anything before God. God is in heaven and you are on earth, so let your words be few." (Ecclesiastes 5:2), and "If it is possible, as far as it depends on you, live at peace with everyone. Do not take revenge, my friends, but leave room for God's wrath, for it is written: "It is mine to avenge; I will repay," says the Lord. On the contrary: "If your enemy is hungry, feed him; if he is thirsty, give him something to drink. In doing this, you will heap burning coals on his head." (Romans 12:18-20, NIV).

Jason Kay
22nd August 2010

P.S. MCCBCHST is almost impossible to remember. May I suggest "MCCoBuCHSiTa", which if re-typed with amendments to capitalization, would be "McCobuchsita" (suggested pronunciation: Mc-Co-BUC-SI-Ta). This is easier, for me at least, to remember.

P.P.S. I am very eager to read the full 14-page judgment when I get my hands on it.

Comment on IKIM's "What makes a syarie lawyer?"

2010-06-09T00:03:00.004+08:00

09th June, 2010

To: IKIM - info@ikim.gov.my
c.c Editor, The Star - editor@thestar.com.my

Dear Dr. Wan Azhar,

I read with interest your article titled "What makes a syarie lawyer?". I have but 2 observations.

You wrote, "the duty of a syarie lawyer is not only to present and argue a case for the interest of his client but, more importantly, to assist the court to arrive at a just and fair decision even if the decision of the court may not be in favour of his client” quoting Farid Sufian Shuaib, Administration of Islamic Law in Malaysia, 2001

Non-syarie/civil practitioners have a rule with a similar reasoning. It is Rule 20(a) of the Legal Profession (Practice and Etiquette) Rules 1978, which reads, "An advocate and solicitor shall put before the Court any relevant binding decision of which he is aware which is immediately in point, whether it be for or against his contention."
I do not follow your logic when you made the following analogy: "How best can a non-Muslim “syarie lawyer” fight for the interests of his Muslim client if he himself actually does not sincerely believe in Islam and practise the religion? Understanding Islam based on unguided readings or attending sporadic short courses is far from enough for one to claim so. A 150-hour course in Islamic law, for example, does not guarantee that one understands syariah to the extent that he is qualified enough to talk confidently in the area. By analogy, can a non-Christian like me, after claiming some knowledge in the religion, apply to become a priest without changing my religion? By the same token, can I apply to be a Hindu or Buddhist monk just by having a certain diploma in certain respects of these religions without abandoning my original faith? No religious authorities would allow that “encroachment” to take place as that would only create suspicions, problems and confusion in their respective groups in particular and in the masses in general. It does more harm than good."

For me, the following is the correct analogy:
Buddhist - monk
Christian - priest / pastor
Hindu - monk
and Islam - Imam, and not syarie lawyer which you seem to imply (I welcome correction on this)

Jason Kay

Comment on IKIM's "Let religion be the business of the experts"

2010-04-01T06:24:00.002+08:00

01st April, 2010

To: IKIM (info@ikim.gov.my)

Comment on IKIM's "Let religion be the business of the experts" as published in The Star newspaper on 30/3/2010

I wanted to write a proper response to your article (IKIM's "Let religion be the business of the experts"), but time does not permit. So my brief thoughts:-

1. This part I totally agree. Bad manners/discourtesy/kurang ajar does not help in any situation, what more when the topic is religion.

"One of the signs of wisdom is to know one’s limit of knowledge. This implies that one is not supposed to comment on things that one is not well informed of. If one lacks knowledge on anything, one must first gather sufficient information and data before making any remark."

2. But, citing doctors, lawyer and engineers, etc ... err ... not that right.

Verbatim:-

It is amazing to learn the paradox that people conveniently acknowledge the authority of certain professionals in certain fields but hardly do the same in some other areas.

For example, many will not risk their health or life visiting unqualified physicians for their medical problems and later question the prescription given.

They do not dare challenge any registered lawyer, accountant, engineer, or architect for any matter within their respective fields of expertise and professionalism. Ironically, when it comes to religion, many believe that it is “free” for everyone to interfere with. I fail to understand this logic.

My comment:-

I see a difference.

Firstly, religion tells people what to do, or what is good or bad, without being asked. Doctors / lawyers / engineers / accountants / architects only do so if or when they are asked (consulted). Religion tends to 'interfere' with (encroach into) people's lives (sometimes uninvited). Resentment towards this, justified or not, is natural, if not logical. So I don't see anything illogical by someone reacting to a perceived imposition into their lives, ie. step on my tail, and I will bite back. HOW that reaction takes shape ... now that's a test of adab.

Secondly, there can always be a 'challenge' in the form of getting a 2nd opinion from another doctor / lawyer / engineer / accountant / architect, and a 3rd, or 4th opinion (ad infinitum) if necessary. This should be the case with religion (going by the expert analogy). But it is usually not the case. Experts who have the first say, or who have the backing of people with big sticks (power) tend to not be contradicted (for a variety of reasons). So the expert analogy is inaccurate UNLESS getting a 2nd opinion for religious matters is encouraged. So if 2nd opinions on questions such as "Which is correct; Catholicism or Protestantism (or Orthodox); Sunni or Shia; Theravada or Mahayana?" are allowed and encouraged, only then would the expert analogy be accurate, IM(very)HO.

Jason Kay

Disassociation with Malaysian Bar President’s Press Statement of 18 February 2010

2010-02-19T03:04:00.006+08:00

First, the Press Statement

Press Release: Corporal punishment is still against international human rights principles even if carried out secretly
Thursday, 18 February 2010 03:49pm

The Malaysian Bar is shocked and disappointed with Minister of Home Affairs, Dato’ Seri Hishamuddin bin Tun Hussein’s announcement yesterday that three Muslim women were caned by the prison authority for offences committed under the Syariah Law.

The Malaysian Bar Resolution unanimously adopted at its 61st Annual General Meeting on 17 March 2007 denounced and rejected whipping as a punishment for any offence as it is anachronistic and inconsistent with a compassionate society. Our position echoes international human rights norms that condemn whipping and other forms of corporal punishment as cruel, inhuman or degrading treatment.

Given that the Kartika issue remains unresolved and the public outcry on issues of constitutionality in regards to the fact that corporal punishment is forbidden for women under Section 289 of the Criminal Procedure Code, it is indeed shocking that the Government has made the announcement only after the punishment had been carried out.

We call on the Government to immediately review and abolish all forms of punishment involving whipping and proceed to comply with international norms and principles on punishment.

Ragunath Kesavan
President
Malaysian Bar

18 February 2010

My reply.

Disassociation with Malaysian Bar President’s Press Statement of 18 February 2010.

With respect Mr. President, and with reference to your press statement of 18 February 2010, I wish to note a few points:-

There is a difference between normal caning and Syariah caning.

The Malaysian Bar does not (strictly speaking) represent Syarie lawyers who practice in the Syariah Courts.

As I understand it (and I welcome correction), the punishment of caning/flogging for an adulteress is allowed in the Quran. Adultery is clearly an "offence" against the percepts of Islam if committed by a person professing the religion of Islam.

So, for the Malaysian Bar (who does not represent Syarie lawyers) to make a sweeping statement calling for the review and abolishment of this form of punishment (without commenting on how Syariah caning is different, and without explaning that section 289 of the CPC does not bind the Syariah Courts – 2 reasons that immediately leap to mind) is a little insensitive; having regard to the fact that this particular offence derives its authority, ultimately, from the Quran – which to a Muslim is God's very own words.

The short reference to 'international norms and principles of punishment' as a comparison does not do justice to this issue.

I therefore disassociate myself from this press statement.

19/2/2010

P.S. Was it prudent that the announcement about the caning of the 3 women for adultery came only after the fact? Of course NOT, given the background of the whole issue.

Please do not speak for Kartika. She wants to be caned. Leave her in peace.

2009-10-04T14:43:00.004+08:00

04th October, 2009

To:

[collectively known as the Joint Action Group for Gender Equality (JAG)]

Hello,

I could not help noticing your memorandum to our Prime Minister dated 25th August 2009 which has elicited a strong response (and a counter memorandum dated 01st October 2009) from several Islamic NGOs. From the stand-point of a disinterested observer to the whole Kartika-beer-caning saga, I would like to point out that I believe your take on the issue is wrong.

Kartika, a Muslim woman, was charged under Section 136 of the Enakmen Pentadbiran Ugama Islam & Adat Resam Melayu Pahang 1982 (En. 8/82) which states that it shall be an offence for a Muslim to drink an alcoholic beverage and if found guilty, shall be punished to a maximum of fine of not more than RM5,000.00 or imprisonment of not more than 3 years or both and caning of not more than 6 strokes ("… denda tidak lebih daripada lima ribu ringgit atau penjara tidak lebih daripada tiga tahun atau kedua-duanya dan sebat tidak lebih daripada enam kali sebatan").

Kartika pleaded guilty and was sentenced to a fine of RM5,000.00 and 6 strokes of the rotan. She has paid the fine and is awaiting the sentence of caning.

That should have been the end of it. But against her very wishes to not appeal the conviction nor sentence (also reported at The Star, New Straits Times), you have taken it upon yourselves to speak on her behalf. This I think is unnecessary.

Kartika could have:-

challenged the charge (or conviction) and ventilated the point that beer is technically not prohibited in Islam, or that she is not subject to the Pahang enactment, or any one of the cogent reasons you cited in your memorandum; or

challenged the sentence, in that it was excessive

and have the conviction and/or sentence reviewed by the Syariah Appeals Court.

This she did not do. She chose to not appeal at all, even at the encouragement of the Prime Minister (also reported in The Sun, & MySinChew). There has been no allegation that she was forced to plead guilty nor that she was not of sound mind when she made the plea.

Therefore your current efforts to speak for her seems a bit disingenuous. The lady does not want what you want for her (to appeal). She is an adult. She has not appointed you to speak on her behalf. The decent thing to do would be to not press the point further.

I do hope you give due consideration to the above.

Jason Kay

http://jasonkaykl.blogspot.com/2009/10/please-do-not-speak-for-kartika-she.html

c.c.

Persatuan Peguam Muslim Malaysia (PPMM) [not sent]

To err is human, to forgive divine.

2009-07-24T00:41:00.012+08:00

To err is human, to forgive divine - Alexander Pope

24th July, 2009

Dear Muhd. Ridhwan Abdul Jalil @ Erwanz [alislamuksb@hotmail.com] (and the Editors, Publishers & parent company of Al-Islam magazine),

I do not know you, and I hope this reaches you in good health. It seems you’ve opened up the proverbial can of worms. May I suggest a way out?

Just apologise. Say sorry for an ill-thought-out article and we all can move on to more important things.

But just in case you do not feel the need to do so, allow me to recap the situation as it stands:-

1. You authored the article entitled "Tinjauan Al-Islam dalam Gereja: Mencari Kesahihan Remaja Melayu Murtad" (pg1)(pg2)

2. A police report was lodged in response to your article. The police investigations are still on-going.

3. Several negative comments have been made about your article. (by a Muslim, another Muslim, and several Christians – here, here, and by the Christian Federation of Malaysia)

The police may or may not recommend charges being proferred against you pursuant to Section 298A of the Penal Code. There may or may not be a sustained campaign against your article.

But let’s face it, you were a bit overzealous with the article, weren’t you? The title clearly suggests you were looking for Malay (and by implication Muslim) teenagers who had apostatized. This you did not find (and admitted in the final paragraph of your article). But was it really necessary to raise the following (unrelated) issues to pad an article that should not have been written/published in the first place (since you did not find any Malay teenage apostates)? Issues such as:

· Allegations that your source said that Christians getting paid in cash for converting Malay students – You never followed up on this – Why? This is a serious allegation
· The use of “Allah” by Christians – The issue whether or not the Catholic publication “The Herald” can use Allah in its Bahasa Melayu section is still pending in Court, but the historical basis for its usage is quite clear

You probably did not realize that taking communion in a Catholic church would cause you so much trouble, did you? Well, to keep it short and simple, communion is a sacrament in the church – This means that it is a serious thing. It is only for Christians; and for Catholics specifically, there is the issue of transubstantiation - This makes it more serious.

You were glowing in your report of the behaviour of the congregants and for this I am glad, although your account of how communion was given seem at odds with the normal way it is done generally – but that’s a discussion for another time, perhaps over tea.

Please, do the right thing and apologise. Here’s a tip: We Christians are taught to forgive – I do apologise, but I am not able to share with you my Scripture on this (since I am prohibited to do so by Article 11(4) of the Federal Constitution).

Jason Kay

"Setiap anak Adam melakukan kesilapan, Tuhan jua yang mengampunkan hamba-hambaNya" - Alexander Pope (terjemahan)

24hb Julai, 2009

Menemui En. Muhd. Ridhwan Abdul Jalil @ Erwanz [alislamuksb@hotmail.com] (serta Sidang Redaksi, Penerbit dan syarikat ibu majalah Al-Islam),

Walaupun saya tidak mengenali saudara sekalian, saya berharap warkah ini menemui anda dalam keadaan sihat sejahtera. Bolehkah saya cadangkan jalan keluar untuk situasi yang saudara kini hadapi?

Minta maaf. Pohon keampunan atas penulisan (dan penerbitan) artikel yang tidak dipertimbangkan dengan sewajarnya dan kita semua boleh mengalihkan fokus kepada perkara-perkara yang lebih mustahak.

Tetapi, sekiranya saudara masih tidak pasti sama ada saudara patut berbuat demikian atau tidak, izinkan saya merumuskan situasi kini:-

1. Saudara telah menulis artikel bertajuk "Tinjauan Al-Islam dalam Gereja: Mencari Kesahihan Remaja Melayu Murtad" (m/s 1)(m/s 2)

2. Satu laporan polis telah dibuat berhubung artikel tersebut. Pihak polis masih lagi sedang menyiasat perkara ini.

3. Beberapa komen negatif telah dibuat terhadap artikel tersebut (oleh seorang Muslim, seorang Muslim yang lain, dan beberapa orang Kristian – di sini, sini, dan oleh Persekutuan Kristian Malaysia)

Pihak polis mungkin akan mengesyorkan agar dakwaan dibuat terhadap saudara. Mungkin juga akan terdapat bantahan yang berlanjutan terhadap artikel saudara.

Tetapi, bolehkah saya berterus-terang di sini? Saudara nampaknya telah terlanjur kata dalam artikel tersebut. Tajuknya jelas menunjukkan yang saudara ingin membuat siasatan terhadap remaja Melayu (dan secara implikasi Muslim) yang telah murtad. Saudara telah mengakui (di perenggan terakhir artikel) yang saudara tidak menemui mana-mana remaja Melayu yang murtad. Tetapi, adakah perlu dibangkitkan pula isu-isu yang lain (yang tidak berkaitan) hanya untuk memantapkan artikel yang tidak patut ditulis langsung (kerana tiada penemuan remaja Melayu yang murtad)? Isu-isu seperti:-

Alegasi yang sumber mengatakan bahawa penganut Kristian akan mendapat ganjaran wang tunai sekiranya berjaya memurtadkan pelajar Melayu – Saudara tidak membuat siasatan susulan – Kenapa? Ini adalah alegasi yang serius
Penggunaan kalimah “Allah” oleh orang Kristian – Isu samada suratkhabar Katolik “The Herald” boleh atau tidak boleh menggunakan kalimah “Allah” dalam ruangan Bahasa Melayu suratkhabar tersebut adalah kes yang masih belum diputuskan di Mahkamah, tetapi penggunaan kalimah “Allah” mengikut catitan sejarah adalah jelas.

Saudara mungkin tidak menyedari yang menyertai “upacara makan roti putih” (communion) akan membawa masalah, bukan? Biar saya rumuskan di sini. Communion adalah upacara keagamaan yang suci (sacrament) di geraja. Upacara ini adalah penting. Upacara ini hanya boleh disertai oleh penganut Kristian sahaja; dan bagi penganut mazhab Katolik, terdapat elemen transubstantiation dalam communion - Ini membuatkannya lebih penting.

Saudara ada memuji akhlak penganut Kristian, dan saya berasa gembira; tetapi laporan saudara tentang bagaimana communion diberikan agak bercanggah dengan cara communion diberikan secara amnya - tetapi isu ini boleh kita bincangkan di lain hari, mungkin dengan secawan teh.

Saya berharap saudara akan meminta maaf. Sebagai panduan: Kami penganut Kristian diajar untuk memaafkan antara satu sama lain - dan saya perlu meminta maaf di sini kerana tidak dapat memetik daripada Kitab Injil untuk makluman saudara (memandangkan Artikel 11(4) Perlembagaan Persekutuan tidak membenarkan saya berbuat demikian).

Jason Kay

Open Letter to Members of the Malaysian Parliament on the 2009 Gaza issue

2009-01-11T03:50:00.004+08:00

11th January, 2009

Open Letter to Members of the Malaysian Parliament on the 2009 Gaza issue

I am a Malaysian. I have learnt that Parliament will be a having a special session on Monday the 12th of January 2009 to discuss the Gaza issue. Allow me to say something about it.

As with countless others, I have followed the situation in Gaza for the past two weeks. It is a blot on the face of humanity that this situation has been allowed to fester for so many decades resulting in this latest insanity and with no definite end in sight. We are all to blame. We are all hypocrites - We human beings.

And I will be the first to say, “I don’t care” about whatever is happening in Gaza.

Why?

The entire Middle East problem is by now so convoluted that most people take sides not based on facts or logic, but by affiliations. It has come to the point where we do not even trust the sources of information, be they written or photographs or video. We are moved either by stark emotions or are buried under so much information, accusations and counter-accusations that we end up numb and confused. And; on top of that, we have our daily lives to live.

As with all tragedies, we try to placate our conscience by sending aid to the victims, by protesting via letters, statements, and with a little demonstration here and there with the occasional bonfire. It amounts to a little more than nothing. For all that ink and paper and anger, the situation in Gaza will not change. By following the script that we have followed so many times before we will achieve nothing. It is all a waste of time. Only those who are printing the banners, selling the snacks at the rallies, or charging for freight to transport the personnel and aid will be guaranteed a benefit. The victims in Gaza? Only if the aid reaches them. And we have our doubts/worries.

The stage has been set for the aggrandisement of leaders making bold statements and vague threats along the lines of, “If the situation does not stop, …”. We have seen such statements before. We know they mean nothing. Because in the grand scheme of things, let us be brutally honest with ourselves: Our way of life is more important than any Gazan life. We will not allow the boycott to go on for too long, or against too many things until we start living like the people in Cuba. For if what is said about America supporting Israel is true, then we should boycott and sever all ties with both countries without resumption till the Middle East problem is on the road to a proper resolution. We won’t do that.

Let me put it like this: For now, the strongest message we can send to Israel that what it is doing is so fundamentally WRONG would be to send our military there and protect the civilians of Gaza. If we say what Israel is doing is a crime against humanity and we Malaysians are humans, we should do something that will produce positive result, shouldn’t we? We have the money and we have the military. We have the ability to send aid, real AID, to help the weak. We should do so.

But I know this will not happen. We will follow the same script. Israel will do what Israel will do. Gaza will be whatever Gaza will be. And we will forget soon enough.

This is why I say, “I don’t care.” Because after we have peeled away all the layers of talk, fund-raising, posturing, resolutions and threats, we come to the realisation that we will protect number one: Ourselves. Then our families, our community, our country, and lastly, only lastly, our world. It is a sad indictment of humanity. But that’s all we are: Human.

I wish you all, “Happy debating”.

Jason Kay

To Zulkifli Noordin, MP for Kulim Bandar Baharu

2008-08-19T13:01:00.005+08:00

Dear En. Zulkifli,

I have followed the reports concerning the Bar Council forum on 08/8/2008 and have made several comments.
They are:-
Zul Nordin resurfaces unrepentant
I am a Muslim first, declares Zulkifli

In brief, I have urged you to:-
1. File a motion in Parliament to sanction and reprimand the Bar; and
2. Requisition an EGM of the Malaysian Bar to discuss your concerns

I do hope you are keeping well.

Jason

note: Zulkifli's press statement on 18/8/2008

Aduan tentang bahan kempen pilihan raya yang belum dibersihkan setakat 29/04/2008 di Taman Kasturi, Semabok, Melaka

2008-05-05T15:00:00.004+08:00

05/05/2008

Kepada:

Jabatan Komunikasi & Khidmat Pelanggan, Majlis Bandaraya Melaka Bersejarah (http://domino.mbmb.gov.my/aduanwebsite.nsf)
Suruhanjaya Pilihan Raya Malaysia (info@spr.gov.my)

Tuan,

Aduan tentang bahan kempen pilihan raya yang belum dibersihkan setakat 29/04/2008 di Taman Kasturi, Semabok, Melaka.

Dengan hormatnya saya merujuk kepada perkara di atas.

Saya lampirkan di sini 4 fail .jpg gambar yang jelas menunjukkan bahan-bahan kempen untuk pilihanraya yang telah berlangsung pada 08/03/2008 masih belum dibersihkan setakat 29/04/2008.

Saya berharap pihak Tuan dapat mengambil tindakan yang sewajarnya.

Sekian, terima kasih.

Yang benar,
Jason Kay

s.k.

a) Hj.Dzulkifli bin Ab. Rahman, Pengarah Pilihan Raya Negeri Melaka (dzulkefli@spr.gov.my)
b) Barisan Nasional, Melaka (gantianloo@hotmail.com)
c) Parti Tindakan Demokratik (dap@dapmalaysia.org)
d) Parti Islam SeMalaysia, Melaka (kpnmelaka@gmail.com)
e) Parti KeADILan Rakyat (melaka@keadilanrakyat.org)

English translation:

05/05/2008

To:

Communications & Customer Service Depa
rtment, Melaka City Council (http://domino.mbmb.gov.my/aduanwebsite.nsf)
Election Commission of Malaysia (info@spr.gov.my)

Dear Sir,

Complaint about election campaign materials that have not been cleared at Taman Kasturi Semabok, Melaka as at 29/04/2008.

I refer to the above matter.

Enclosed are 4 .jpg photos which clearly shows campaign material from the election held on 08/03/2008 which have not been cleared as 29/04/2008.

I do hope you will take the appropriate action.

Thank you.

Yours faithfully,
Jason Kay

c.c.
a) Hj.Dzulkifli bin Ab. Rahman, Melaka State Election Director (dzulkefli@spr.gov.my)
b) Barisan Nasional, Melaka (gantianloo@hotmail.com)
c) Democratic Action Party (dap@dapmalaysia.org)
d) Parti Islam SeMalaysia, Melaka (kpnmelaka@gmail.com)
e) Parti KeADILan Rakyat (melaka@keadilanrakyat.org)

PGSM reply to "Kenyataan Media-Resolusi Seminar Semakan Korpus Undang-undang Islam"

2008-04-18T13:38:00.009+08:00

Below is the reply from Hj Zainul, President of PGSM to my 11/4/2008 letter. I have taken the liberty of slightly modifying the formatting for easy reading.

Jason

P.S. Sisters In Islam statement on the issue (here also).

==============================================

Answers provided by Hj Zainul, Presiden of PGSM
17 April 08

Hi Jason,
Very Good day to you Jason.

Thank you for your view posted in our blog. I must admit that I learned a lot and appreciate your view. Your argument manifests mature discussion and avoids unnecessary emotional arguments.

Yes, I do not subscribe to IKIM DG position. I was one of the panels involved in formulating the resolutions. I was there, the DG was not there but he denied it was a resolution. Even if he disagrees with the resolution he can say so but should not deny that it was one of the resolutions.

I am of the opinion that non-Muslims should not be prosecuted in Syariah Courts. They should also not be prosecuted in civil court if it is not an offence. On this score I agree with you, Jason.

Nevertheless, it should not be so if the act involves Muslims. (Please note that the resolutions passed not restricted to offence of khalwat only, there are other offences such as destroying or defiling place of worship (s11); Contempt of religious authority (s12), defiance of court order (s15) etc.) Khalwat is the only example picked up by the press.

When the act involves Muslims, then I think the non Muslim should also be punished in civil court for ‘encouraging’ , (bersubahat) and participating with the Muslims to commit Islamic offence. However, law has to be legislate for this to take effect. At present we can’t enforce it.

Section 31 of the Syariah Criminal Enactment provides for indecent acts in public places, if the acts were done by a Muslim with a non Muslim, the Muslim will be charged under section 31 but I think the non-Muslim should also be charged under the Penal Code as you suggested. Please again do not confine our argument to khalwat case only because the resolution did not confine to khalwat. The press is the one who highlighted khalwat.

It is the general policy of the nation that our citizens must respect the law. And we should not see law refers to Sivil law only. Law includes Islamic laws passed by relevant legislatives bodies. I cannot imagine if a non-Muslim work in concoction with a Muslim to defy Islamic laws. In this event, I believe that both of them must be punished.

You replied to my example on native law in Sabah. Yes there are filter / check and balance be written sanction by the DO. The same can apply here. The civil court can be better filter than the DO. That is the reason why I said it must be done in civil court. If I propose it to be done in syariah court, definitely most of the non-Muslims will disagree and will say the syariah court as bias. We have to draft the law carefully so as not to upset Muslims and non-Muslims alike.

As to the Rukun Negara, I am fully aware that the Rukun Negara has no legal force. I never say that Rukun Negara is a guiding principle when formulating laws that govern Malaysia as a whole. What I question is that why Tan Sri Ghazali Shafie formulated the Rukun Negara in 1969 and made it as a policy of the nation. Scrap it out if we do not give any value to it.

I cannot agree with you that morality is not the sole basis of laws. It is only one of the considerations when formulating laws. I must admit also that there are different moral standards among communities in Malaysia. I may propose that all the personal laws of other communities than the Muslim’s be recognized as laws. Should they infringe the personal law, they should be prosecuted according to their own personal law. I am ok with it.

Please do not fear Islamic law because if it being applies in its entirety- fairness will prevail. Islamic law will not be enforced to non Muslim. The problem in Malaysia is that the government picks and choose which Islamic law they want to enforce and which they want to disregard. This is the problem that we face.

Jason, if I may suggest you, please read the philosophy of Islamic laws especially the law relating to crime, burden of proof and independence of Islamic judiciary, you will appreciate further on the Islamic law.

On you request for reference where adultery is punished severely in other religion than Islam here are the reference (I also include the position in Islam):-

Approach not adultery: for it is a shameful deed and an evil, opening the road to other evils. 1. Islam. Qur'an 17.32

Let marriage be held in honor among all, and let the marriage bed be undefiled; for God will judge the immoral and the adulterous. 2. Christianity. Hebrews 13.4

We find that to every sin God is long-suffering, except to the sin of unchastity. Rabbi Azariah said, "All things can God overlook save lewdness." 3. Judaism. Midrash, Leviticus Rabbah 23.9

Be sure of this, that no fornicator or impure man... has any inheritance in the kingdom of Christ and of God. 4. Christianity. Bible, Ephesians 5.5

Neither fornicate, for whosoever does that shall meet the price of sin--doubled shall be the chastisement for him on the Resurrection Day. 5. Islam. Qur'an 25.68-69

Violating and misusing love is the gravest of all crimes. Abusing love is a greater crime than cutting the universal root of life [murder]. 6. Unification Church . Sun Myung Moon, 3-20-77

Both learning and the practice of the Teaching are lost to him who is given to sexual intercourse. He employs himself wrongly. That is what is ignoble in him. 7. Buddhism. Sutta Nipata 815
Sutta Nipata 815: Cf. Sutra of Forty-two Sections 25, p. 929.

A wise man has nothing to do with lust. Lust is nothing but death, and lack of it is serenity. How can one who perceives this indulge in wanton behavior? 8. Jainism. Acarangasutra 2.61

Four misfortunes befall a careless man who commits adultery: acquisition of demerit, disturbed sleep, third, blame; and fourth, a state of woe. There is acquisition of demerit as well as evil destiny. Brief is the joy of the frightened man and woman. The king imposes a heavy punishment. Hence no man should frequent another man's wife. 9. Buddhism. Dhammapada 309-10

When a family declines, ancient traditions are destroyed. With them are lost the spiritual foundations for life, and the family loses its sense of unity. Where there is no sense of unity, the women of the family become corrupt; and with the corruption of its women, society is plunged into chaos. Social chaos is hell for the family and for those who have destroyed the family as well. 10. Hinduism. Bhagavad Gita 1.40-42

Immorality in the house is like a worm in the vegetables. 11. Judaism. Talmud, Sota 3b

Do not approach thy neighbor's wife or maids. 12. Taoism. Tract of the Quiet Way

Let those who cannot find a match keep chaste till God give them independence by His grace. 13. Islam. Qur'an 24.33

Whoever has illicit affairs with the wives of his relatives or friends, either by force or through mutual consent, he is to be known as an outcast. 14. Buddhism. Sutta Nipata 123

The philanderer lusting after numerous women does not give up seeking in others' homes. What he does daily only brings regrets-- In sorrow and greed he is shriveled up. 15. Sikhism. Adi Granth, Dhanasari, M.5, p. 672

A man should not think incontinently of another's wife, much less address her to that end; for such a man will be reborn in a future life as a creeping insect. He who commits adultery is punished both here and hereafter; for his days in this world are cut short, and when dead he falls into hell. 16. Hinduism. Vishnu Purana 3.11

The lips of a loose woman drip honey, and her speech is smoother than oil;but in the end she is bitter as wormwood, sharp as a two-edged sword.Her feet go down to death; her steps follow the path to Sheol;she does not take heed to the path of life; her ways wander, and she does not know it.... Drink water from your own cistern, flowing water from your own well.Should your springs be scattered abroad, streams of water in the streets?Let them be for yourself alone, and not for strangers with you.Let your fountain be blessed, and rejoice in the wife of your youth,a lovely hind, a graceful doe. Let her affection fill you at all times with delight,be infatuated always by her love. Why should you be infatuated, my son, with a loose woman and embrace the bosom of an adventuress? For a man's ways are before the eyes of the Lord, and he watches all his paths. The iniquities of the wicked ensnare him, and he is caught in the toils of his sin. He dies for lack of discipline, and because of his great folly he is lost. 17. Judaism and Christianity. Proverbs 5.3-23

If you are handsome, do not go astray after lewdness, but honor your Creator, and fear Him, and praise Him with the beauty which He has given you. 18. Judaism. Pesikta Rabbati 127a

The body is not meant for immorality, but for the Lord... Do you not know that your bodies are members of Christ? Shall I therefore take the members of Christ and make them members of a prostitute? Never! Do you not know that he who joins himself a prostitute becomes one body with her? For, as it is written, "The two shall become one flesh." But he who is united to the Lord becomes one spirit with him. Shun immorality. Every other sin which a man commits is outside the body; but the immoral man sins against his own body. Do you not know that your body is a temple of the Holy Spirit within you, which you have from God? 19. Christianity. 1 Corinthians 6.13-19________________________________________
1 Corinthians 6.13-19: Cf. 1 Corinthians 3.16-17, p. 211, on the sacredness of the human body as God's temple. Paul is quoting Genesis 2.24, p. 252. Vinaya Pitaka: The Vinaya Pitaka is the standard text of monastic discipline for Theravada monks.

Qur'an 24.30-32: Wearing the veil by Muslim women was instituted in the Qur'an as a practical protection against the temptation to adultery.

Offering presents to a woman, romping with her, touching her ornaments and dress, sitting with her on a bed, all these are considered adulterous acts. 20. Hinduism. Laws of Manu 8.357

A monk who, with sexual desire and a perverse intention, contacts a woman, holding her hand or holding a braid of her hair or rubbing against any part of her body, commits an offense, requiring formal meetings of the Order for its exoneration. 21. Buddhism. Vinaya Pitaka

Because the daughters of Zion are haughty and walk with outstretched necks,glancing wantonly with their eyes, mincing along as they go, tinkling with their feet; the Lord will smite with a scab the heads of the daughters of Zion ,and the Lord will lay bare their secret parts. 22. Judaism and Christianity. Isaiah 3.16-17

Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! God is Aware of what they do. And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers... or children who know naught of women's nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto God together, O believers, in order that ye may succeed. 23. Islam. Qur'an 24.30-32

A master has said, "He who beholds a beautiful woman should say, 'Blessed be He who hath created such in His universe.'" But is even mere looking permitted? The following can surely be raised as an objection: "Thou shalt keep from every evil thing" [Deuteronomy 23.10] implies that one should not look intently at a beautiful woman, even if she be unmarried, nor at a married woman, even if she be ugly, nor at a woman's gaudy garments, nor at male and female asses or at a pig and a sow or at fowls when they are mating. 24. Judaism. Talmud, Aboda Zara 20ab

The lawful thing which God hates most is divorce. 25. Islam. (Saying of Prophet Muhammad)Hadith of Abu Dawud Aboda Zarah 20ab: Cf. Treatise on Response and Retribution, p. 932. Hadith of Abu Dawud: The Islamic law on divorce is found in Qur'an 2.226-32.

There a waiting period of four months is prescribed, to allow the decision to be reconsidered. Malachi 2.14-16: Christian and Jewish marriage is not like a secular contract which can be annulled at will; it is a covenant to which God is witness and third partner. Laws of Manu 9.95, 101: Divorce is permitted, but it is not done by virtuous people. According to Narada Dharma Sutra 12.92-100 and Laws of Manu 9.76-81, a man may divorce his wife on the grounds of adultery, profligacy, procuring an abortion, drunkenness, malicious speech, or failure to produce a male heir. A woman may divorce her husband if he becomes a religious ascetic, is impotent, is expelled from his caste, or is long absent. A waiting period of one to eight years is normally required.

The Lord was witness to the covenant between you and the wife of your youth, to whom you have been faithless, though she is your companion and your wife by covenant.... "For I hate divorce," says the Lord. 26. Judaism and Christianity. Malachi 2.14-16

The husband receives his wife from the gods; he does not wed her according to his own will; doing what is agreeable to the gods, he must always support her while she is faithful. "Let mutual fidelity continue until death;" this may be considered as a summary of the highest law for husband and wife. 27. Hinduism. Laws of Manu 9.95, 101

And Pharisees came up and in order to test him [Jesus] asked, "Is it lawful for a man to divorce his wife?" He answered them, "What did Moses command you?" They said, "Moses allowed a man to write a certificate of divorce, and to put her away." But Jesus said to them, "For your hardness of heart he wrote you this commandment. But from the beginning of creation, 'God made them male and female.' 'For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh.' So they are no longer two but one flesh. What therefore God has joined together, let not man put asunder." And in the house the disciples asked him about this matter. And he said to them, "Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery." 28. Christianity. Mark 10.2-12 ________________________________________Mark 10.2-12: In the parallel attestation in Matthew 19.3-9, there is an exception for 'unchastity.' Current biblical scholarship does not see this exception as sanctioning divorce on the grounds of marital infidelity. 'Unchastity' is not the same word as adultery; it is thought to refer to the incestuous relations practiced by some pagans before their conversion to Christianity. Jesus is quoting Genesis 1.27, p. 282 and Genesis 2.24, p. 252. Lotus Sutra 14: The 'five kinds of unmanly men' includes homosexuals, hermaphrodites, eunuchs, and those suffering from various kinds of impotence. The Sangha did not want anyone to join the order as an escape; it likewise barred from membership debtors who wanted to renege on their debts and young novices who did not have their parents' permission. Qur'an 29.28-29: This passage refers to the story of Sodom and Gomorrah .

According to the Bible (Genesis 19.4-11), when two angels came to Lot's home to warn him of the city's impending destruction, the mob demanded that Lot give the men over to them, that they might rape and sodomize them. Lot defended them and offered his daughters instead; at which point the mob sought to lay hands on Lot , but the angels rescued him. Romans 1.26-27: The 'due penalty' probably refers to venereal disease.

In addition, there is the spiritual damage to the personality of one who engages in such behavior.You shall not lie with a male as with a woman; it is an abomination. 29. Judaism and Christianity. Leviticus 18.22

The bodhisattva does not approach the five kinds of unmanly men in order to be friendly with or close to them. 30. Buddhism. Lotus Sutra 14 And Lot said to his people, "You commit lewdness, such as no people in creation ever committed before you. Do you indeed come in unto males?" 31. Islam. Qur'an 29.28-29

God gave them up to dishonorable passions. Their women exchanged natural relations for unnatural, and the men likewise gave up natural relations with women and were consumed with passion for one another, men committing shameless acts with men and receiving in their own persons the due penalty for their error. 32. Christianity. Romans 1.26-27

Lastly, I hope my explanation above clarifies the issue.
May God bless us all.
Hj Zainul Rijal
President PGSM

p/s We don’t have the soft copy of all the resolutions. All of them are with IKIM. We will try to get it soon.

Kenyataan Media-Resolusi Seminar Semakan Korpus Undang-undang Islam

2008-04-11T18:06:00.001+08:00

11/4/2008

To: Presiden Persatuan Peguam Syarie Malaysia (PGSM) (excopgsm@yahoo.com)

Kenyataan Media-Resolusi Seminar Semakan Korpus Undang-undang Islam

Dear Hj. Zainul,

Firstly, I do apologise for answering in English as your press statement is in BM and it would only be proper for me to comment in BM. However, my BM is not as fluent as it should be and I do hope you do not take offense to the form of this reply.

I take it first that you do not subscribe to the IKIM position (in their statement of 03/04/2008) that “The article in the STAR which reports that the seminar had proposed that non-Muslims caught committing khalwat with Muslims should also be sentenced accordingly but in the civil courts, is entirely erroneous. No such proposal was made, and therefore if what is reported in the Star as being comments allegedly made by Syariah Court of Appeal Judge, are also in error.”

Admitting to a lack of flair for writing on my part, I will only comment on your press statement of 04/4/2008 paragraph by paragraph.

1. Resolusi yang dikeluarkan hasil Seminar Semakan Semula Korpus Undang-Undang Islam Di Malaysia: Keperluan Dan Cabaran antara lain telah mengutarakan cadangan supaya penglibatan secara bersama antara orang Islam dan bukan Islam dalam sesuatu kesalahan atau jenayah syariah hendaklah dihukum dengan hukuman yang setimpal. Cadangan ini jika dilaksanakan akan memberi kesan umpamanya dalam kes khalwat di mana salah seorang pasangannya adalah bukan Islam, maka dia juga hendaklah didakwa dan dijatuhi hukuman sekiranya disabitkan bersalah. Namun seminar berpandangan pendakwaan tersebut hendaklah dilakukan di mahkamah sivil.

Comment:

You cannot prosecute a non-muslim in the civil courts for an offence which is an offence only in Syariah law and prosecutable only in the Syariah courts; not to mention that it is an offence if committed by Muslims only.

2. Golongan bukan Islam seperti Malaysian Consultative Council of Budhism, Christianity, Hinduism, Sikhism and Toaism serta beberapa NGO lain menentang keras cadangan ini dengan mengatakan undang-undang syariah tidak terpakai kepada orang bukan Islam dan menafikan hak orang bukan Islam itu sendiri.

Comment:

I concur that Syariah laws cannot apply to non-Muslims.

3. Persatuan Peguam Syarie Malaysia (PGSM) menyokong sepenuhnya resolusi yang dibincangkan oleh pakar-pakar perundangan dan syariah tanah air. Pakar-pakar yang mahir dalam bidang masing-masing ini sudah tentulah mengambil kira semua sensitiviti dan kedudukan undang-undang sebelum menggarapnya sebagai cadangan.

Comment:

This ASSUMES some sort of dialogue/consultation was conducted with the said consultative council and/or NGO. I unfortunately do not note any particular instance cited in the paragraph.

4. Sebenarnya tidak timbul isu mengenakan atau menguatkuasakan undang-undang syariah ke atas orang bukan Islam kerana pendakwaan akan dibuat di mahkamah sivil. Bukankan salah satu teras negara yang termaktub di dalam Rukun Negara ialah Kesopanan dan Kesusilaan? Oleh yang demikian undang-undang moral boleh digubal bagi menangani masalah moral masyarakat.

Comment:

(a) Again, you cannot prosecute a non-Muslim in civil courts for an offence which is an offence only in the Syariah courts, or an offence which is against the moral percepts of Islam.

(b) The Rukunegara is not a guiding principle when formulating laws that govern Malaysia as whole. The Rukunegara is a “a guideline in the country’s nation-building efforts”

(c) The Federal Constitution is the guideline for formulating laws in Malaysia - Article 4(1) “This Constitution is the supreme law of the Federation …”

(d) Morality is not the sole basis of laws.

(e) Nothing is said about differing moral standards/emphasis among the various communities in Malaysia.

5. Apakah kita lupa bahawa membina masyarakat bermoral dan berakhlak mulia merupakan prinsip asas kenegaraan ini? Lantaran jika kita ingin menghapuskan undang-undang moral maka prinsip kelima Rukun Negara ini pun hendaklah ditiadakan.

Comment:

“Kesopanan dan kesusilaan” (Good Behaviour and Morality) can be achieved without the use of the law (punishement). In fact, it is better achieved when its percepts are internalised and acted on willingly in full understanding of its purpose; rather than by fear of punishment.

6. Jika kita menelusuri sejarah dan hakikat undang-undang jenayah pun kita akan dapati bahawa undang-undang jenayah ini sebenarnya berakar-umbi dari undang-undang mora. Undang-Undang sebenarnya bersandarkan moral manakala moral pula bersandarkan kepada agama. Umpamanya kesalahan membunuh secara tidak sah, sebelum ia memperundangkan atau ditaqninkan menjadi undang-undang jenayah, ia adalah kesalahan moral yang amat dibenci oleh masyarakat.

Comment:

(a) Not all criminal laws are based on morality. And not all religions have same standards on morality.

(b) Murder is a good example for the proposition that murder is immoral, laws should be moral and therefore murder should be unlawful. This logic sequence works because murder by the moral standards of almost all religion (I do not presume to know of all religion) is immoral. However, ‘khalwat’ is not immoral for most of the non-Muslim citizens of Malaysia. They might agree that it is ‘not proper’ or shameful, but not immoral; and certainly not unlawful.

7. Secara hipotetikal pula, sekiranya undang-undang moral ini dihapuskan, apa yang akan berlaku jika terdapat orang yang melakukan perbuatan tidak senonoh di hadapan mata kita atau keluarga kita? Biarkan sahaja mereka dengan hak asasi mereka? Biarkan sahaja anak-anak kita menonton aksi tidak bermoral itu? Apa yang hendak kita lakukan dalam keadaan kita tidak mempunyai kuasa undang-undang untuk mencegahnya? Jika ia merujuk kepada isu hak asasi pelaku tersebut, bagaimana pula dengan hak asasi kita yang jijik terhadap perbuatan tersebut. Apakah hak kita untuk hidup dalam tenang tanpa melihat perbuatan seperti itu?

Comment:

(a) In no way do I equate ability to be lewd in public with human rights.

(b) The Penal Code does provide for punishment for some lewd acts (“perbuatan tidak senonoh”). Please see sections 268 & 290-294 Penal Code.

(c) Khalwat that is done in private cannot logically be seen and therefore the question of it being ‘jijik’ to children does not arise; and if done in public, they would come under the offence of public nuisance. There is already protection under the law against such lewd acts and such laws applies to everyone in Malaysia, regardless of religion.

8. Jika kita bercakap tentang hak orang bukan Islam untuk melakukan khalwat, berzina dan sebagainya, adakah mereka ini mempunyai hak untuk melanggar undang-undang syariah? Sekiranya salah seorang pasangan adalah bukan Islam, maka adakah mereka mempunyai hak untuk berzina sehingga melahirkan anak-anak luar nikah tanpa didakwa? Malah dalam beberapa agama selain Islam juga telah meletakkan perzinaan adalah suatu kesalahan yang berat.

Comment:

(a) Yes. Non-Muslims can go against Syariah laws because Syariah laws do not apply to non-Muslims. Non-Muslims can ‘berzina’ (commit adultery) and not be punished criminally for it because adultery is not a crime for non-Muslims. It is morally reprehensible, yes; but not a crime.

(b) If a Muslim & non-Muslim commit adultery and a child out-of-wedlock is born, it is not a crime. Granted, there will be administrative and social reprecussions (amongst other things), but it is not a crime under the general criminal law of Malaysia.

(c) May I have the reference where adultery is punished severely (criminally) in religions other than Islam? (“Malah dalam beberapa agama selain Islam juga telah meletakkan perzinaan adalah suatu kesalahan yang berat”)

9. Kenapa pula kita sering mengamalkan ‘double standard’ terhadap Islam? Apabila ia tidak berkaitan dengan Islam, kita amat mudah menerimanya tetapi tatkala nama Islam muncul maka kita resah, menentang dan menyangkal tanpa memberikan justifikasi yang adil terhadap Islam.

Comment:

I apologise for being a broken record, but I have absolutely no problems with the Syariah being applicable and enforceable to Muslims. I am, as a non-Muslim, however concerned when Syariah laws are proposed to be applied to non-Muslims.

10. Umpamanya, sekiranya seorang rakyat Malaysia yang tinggal di Semenanjung pergi ke Sabah atau Sarawak dan di sana beliau telah melakukan suatu kesalahan yang melanggar undang-undang adat peribumi Sabah dan Sarawak. Orang ini akan tetap dihukum melalui undang-undang adat tersebut walaupun beliau berasal dari Semenanjung. Ini tidak bermakna kita menjadikan beliau sebagai peribumi Sabah dan Sarawak. Begitu juga perbandingannya bagi undang-undang Islam dalam aspek yang terlalu sedikit ini, tidak bermakna menjadikan mereka orang Islam.

Comment:

(a) Your example of a non-native person breaching the native laws in Sabah and Sarawak and being subjected to those same laws is not on all fours with the issue at hand. Do permit me to comment as follows:-

(1) In Sabah, the governing provision is, I believe, Native Courts Enactment 1992,

(2) specifically, where one party is a native and another non-native, Section 6 (Jurisdiction of Native Courts) states that “(1) Every Native Court shall exercise original jurisdiction to the extent set forth and subject to the provisions to this Enactment to hear, try, determine and dispose of the following cases … (b) cases arising from breach of native law or custom, religious, matrimonial or sexual, if the written sanction of the District Officer acting on the advice of two Native Chiefs has been obtained to the institution of the proceedings, where one party is a non-native”

(3) Section 6 thus preserves a form of filter/check & balance in the form of the written sanction of the District Officer where one party is a non-native before the native laws are applied to him/her.

(4) Your proposal of applying Syariah to non-Muslims proposes no such filter, and more importantly, goes against the tenor of the 9th Schedule of the Federal Constitution.

(b) I, unfortunately, am not able to comment on the Sarawak situation.

11. Pengenaan tindakan terhadap orang bukan Islam dalam hal yang berkaitan dengan orang Islam adalah kena pada masanya bagi mengelakkan keresahan di kalangan orang Islam sendiri. Ia sebenarnya tidak langsung memaksa orang bukan Islam menganut agama Islam. Malah ia selari dengan Rukun Negara menekankan peri pentingnya kesopanan dan kesusilaan disemat di dalam diri setiap warganegara Malaysia. Ia adalah jati diri rakyat Malaysia.

Comment:

But you ARE in turn causing anxiety (“keresahan”) to non-Muslims by seeking to impose the Muslim standards on us. Non-Muslims may agree to many parts of the Syariah, but not to all of it. Khalwat is one area where there is, as is quite obvious from the opposition to its implementation on non-Muslims, disagreement.

12. Cadangan seminar ini juga tidak berkaitan dengan persoalan Perlembagaan kerana orang bukan Islam ini hanya akan didakwa di mahkamah sivil bukannya di mahkamah syariah.

Comment:

But the proposal to apply Syariah laws, even in the civil courts, on non-Muslims automatically raises constitutional issues.

13. PGSM mendesak agar semua pihak berlaku adil dalam memberi pendapat dan tidak membuat serangan melulu tanpa justifikasi yang wajar terhadap Resolusi Seminar Penyemakan Korpus Undang-undang Islam yang telah diisytiharkan itu.

Comment:

Could you please email me a full copy of the resolutions from the seminar?

Thank you.

Jason Kay
http://jasonkaykl.blogspot.com/