HUDUD STANDOFF

PR is suffering its 3rd real test in its 5th year (after the 2 general elections) and it is related to Hudud: a hidden skeleton that was kept carefully for some time until its cover was blown wide open come December 2014. 

It is no secret that Hudud has been the objective of PAS. It has been in its policies, ceramah, books and party paraphernalia. DAP has, on the other hand, an unwavering stand against Hudud. Something that it likes to mention out quite publicly. 

Essentially, what I am going to write is for both to step back and think for a moment. It is easy to criticise and find fault with the other, what is harder is to introspect and mull whether we ourselves have been in the wrong:

1. Hudud though an integral form of Islamic Law, does not represent the entire religion. It is based on ascertained Hadd punishments specified by the Qur'an and Sunnah. Even then, it is a minority when compared to the other element in Islamic Criminal law which is Ta'zir, which is not pre-determined, bigger in scope than Hudud and its application is dependent on ijtihad and the current policies of the government of the day.
2. Hudud does not claim to be the most prioritised commandment of Allah SWT. There are numerous other actions, deeds and worship which holds precedent such as al-'adalah (justice) and al-amanah (trust).
3. It is by no coincidence that there are a plethora of Islamic teachings other than Hudud that is rigourously encouraged to be implemented by Islam.
4. It is advised that these be put forward and suggested to be accepted by DAP and PKR such as good governance, expanding the role of the Zakat institution, education, welfare, science and technology especially explaining what is Islam exactly and how it is different than the current misconception.
5. DAP on the other hand, notwithstanding my writings above, would do well to understand that Malaysia has been readily able to accept many Islamic concepts with no negative impact whatsoever. Islamic banking and commerce is a good example.
6. If a perusal is to be made to the criminal laws of Malaysia, the concept of hanging which involves snapping of the neck bone and asphyxia, and caning: leading to severe scars and injury, are all 'brutal' acts but are nonetheless accepted as a form of capital punishment.
7. PAS should 'sell' Hudud in the form, sense and feel of a legal reform rather than an arbitrary imposition leaving more questions rather than answers.
8. DAP should also take a step back and be more inquisitive rather than dismissive. As not all things Islamic are regressive and not everything we have in our current civil laws are clean beyond reproach.    
9. Hudud is appealing in its deterrent aspect, something that is not quite so apparent in current penalties.

In a union, all components should be aware of not only its ideological differences, but more so its similarities. It is based on these similarities should PR forge its consensus. These similar ideologies have been laid down in written form and signed in the Common Policy Framework (CPF) document.

That being said, Hudud is currently not part of the CPF. But PAS should not feel left out, as many other facets of Islam could be carried out with full support from DAP. Introduce them to the beauty of Islam on this method, and who knows InsyaAllah in the future maybe even DAP would embrace Hudud.

MH370 & MH17: Innalillahi wa inna ilaihi raajiuun

SELANGOR MB ISSUE

One has only to know one fact - TSKI is a well respected corporate administrator who has successfully accomplished his KPI. As such, his KPI would be maximisation of 'profit' or in this case buffing up the Selangor State reserves to RM3b at one point.

On the other hand, he has not fulfilled his political KPI. In politics, one must spend money in a way to realise electoral promises and keep people happy. In a PR mould, this spending must be done with CAT principles in mind - different than under UMNO.

Another weak point for TSKI is that he must realise he is not given a free rein to administer Selangor. He is bound by the PR Election Manifesto, and as a party member he is bound by the party's decisions. It was the same party that nominated his name to the MB post in the 1st place.

Obviously something is very wrong when he incurred the wrath of PR Selangor. His attitude of refusing to attend Selangor PKR meetings and instructing Faekah Hussin to go in his stead shows disrespect to his peers and reflects his valuation of such meetings.

DS Anwar Ibrahim was warned about this earlier and at long last the Kajang Move materialised. The ADUN for Kajang, Lee Chin Cheh abdicated his position, and this would continue with another ADUN resigning, and another, until TSKI resigns. DSAI arrested this domino fall in the bud and announced his agreement for Langkah Kajang. He is to step in and TSKI would be replaced. Sadly UMNO machinations ensured this was foiled and DS Wan Azizah was instead chosen as the 'bidan terjun' candidate and went on to be lobbied to replace TSKI.

In Kajang, TSKI spared no expense and effort in assisting PKR which led to the win. He was of course mindful of the Kajang move, however kudos to him he went on quietly and helped Kak Wan to the win. Faekah seemed unable to advise TSKI of this overture.

When the political bureau of PKR has decided to nominate DSWA, TSKI decided not to leave his post. And assumed the usual harping of the requirement to heed the Undang-Undang Tubuh Selangor and the Sultan - a line of argument more commonly associated with UMNO and Hassan Ali. This was the final straw that showed DSAI and DSWA who Khalid really was, a rebel.

Rebels are rife in PKR. Seeing that membership has brought together a band of stalwarts, islamists and liberals all together in one uniform. TSKI was found to be more belligerent than most people think.

Anyway Selangorians are now, maybe rightfully so, asking why is there a need for TSKI to be replaced now? why not allow him to see out his term?

The answer lies not in Kajang but in the results of the just concluded PKR party elections, which was overwhelmingly won by Azmin's KeadilanRaya faction. Trouncing TSKI by 15% of the total votes cast. FYI Azmin garnered 12,250 votes, TSKI 8,123 and Saifuddin Nasution 6,997.

Obviously PKR would be steered by KeadilanRaya, which would spell the end of TSKI whether with DSAI's backing or otherwise. And for DSAI to assume control, this move would need to be done now rather than later. Or any other date as long as such date is before the official handing over to the new Majlis Pimpinan Tertinggi.

DSAI, in his vast knowledge of political maneuverings, needs to place an MB that is a form of compromise to Azmin and Khalid. In PKR, no other person commands more respect than DSWA. So there she goes. Problem is, PAS flung a spanner to the works and, although admitting sending 4 official representatives to the Majlis Presiden, the PAS President decides to voice support for TSKI. He did say that it was his personal capacity according to the media, but Nik Aziz, the Dewan Ulama and PAS Youth seemed to take this as a directive and flung its weight against DSAI.

Something they had always wanted to do.

PAS, in my opinion, was entitled to their opinion. But seemed to forget the warnings and threats made against PKR and DAP against questioning the Kedah MB fiasco. Or their selective amnesia against the sabotage they did at Kota Damansara against PKR.

In a political relationship, PAS would do well to learn that it is good to be humble. In a co-operation, there is something called 'give and take'. You cannot take the whole pie and eat it too. But at the same time questioning, plotting and stabbing friends when they want to take their share of the pie.

In any event PKR is undoubtedly in dilemma. As would any political party as time goes on. It would be absurd and untruthful to say that this was 'all PKR's fault', and not taking cognizance that the pot is as black as the kettle, and sometimes much worse. All political parties have problems, and good friends and comrades soothe rather than worsen, support rather than sabotage, their friends in their hour of need. We need to remind our party members that we too have our share of problems, and that we should stand resolute with Pakatan Rakyat, until such time that PKR has solved its internal problems.

That way PAS would win more friends and respect. Much better than what is seen now. As respect is earned by deeds rather than by right.

I hope that Azmin and DSAI shows true leadership and calmness in the face of these tests. InsyaAllah we would see the solution and members such as I would remain loyal notwithstanding the outcome. Let us see the big picture and soldier on. Hayakallah!

Hudud Debate in Dewan Negeri Selangor

First of all, kudos to YB Speaker Hannah Yeoh for showing compassion and act as a beacon of change for the ever-hardline DAP. It takes HUGE bravery to do that, and I do believe that the little YB has pondered long and hard before making known her decision.

Yes you heard me. DAP is a HARDLINER, a hardliner against what it solely perceives as constitutionally wrong, even though the exact arbiter of constitutionality are the Courts. Which makes DAP's stand as flawed constitutionally...

Anyway,

It is normal nowadays to see people from all walks and caste attacking PAS and its stand on Hudud, which PAS consistently and steadfastly fought for throughout these years. DAP especially, wishes - nay! - DEMANDS that PAS gives up its fight for Hudud using the same line of thought as the Muslim UMNO, saying that it is not applicable in this day and age, multicultural society etc.

However has anyone considered what concessions have DAP (and renowned lawyer Tommy Thomas) offered in its co-operation with Pakatan Rakyat?

Have they allayed themselves and allow themselves to at least try to learn what Hudud is actually all about? How Muslims could not, as a matter of principle, deny its application? and that it is a religious duty to try for its legislation or Taqnin?

My personal opinion is that Hudud is not a critical aspect to be canonised. There are hordes more important issues to be addressed such as poverty, minimum wage, family welfare, children's education etc which are coincidentally issues which command a bulk of Allah's commandments in the Qur'an rather than Hudud which are only mentioned 10 times out of 6200 verses in the Holy Book.

My point here is that DAP, MCA, Gerakan and other Islamophobe bigots should spend some time to read and understand why is it that the religion of 62% of Malaysia's populace, and a former lex loci of the peninsula, are so intent on its legislation?

Is it trite that Hudud, being but one small aspect of the Islamic Criminal Law, is barred from its applicability in Malaysia's legal biosphere? The answer is a resounding NO. Other aspects of the Islamic Criminal Law already exist, examples include but is not limited to Hirabah (Waging war against the State/YDPA), Ta'zir (Judicial decisions); and Qisas (Murder).

There are also useful aspects to be considered if we can regard Hudud as an attempt at Criminal Law reform. Concepts such as Sadd az-Dzarai (arresting crime at its source) and Al-'Afwa (Pardon by the deceased's heirs) are two concepts which deserve serious thought.

People should find the middle path. Neither could claim superiority and neither should coerce the other to stand down without offering an olive branch. That is what is literally meant by the term 'Give and Take', it is not merely 'Give' right?

Obviously the current Criminal Law is insufficient to act as a deterrent and it would serve as a logical legal reform to review the existing stable of penalties and consider whether these should be revised or alternatives to be proposed. Would it be the end of the world if Hudud is seen as a legal reform initiative?

Stigma stating Hudud as being 'backward' or 'stone-aged' is no excuse if the law is actually effective. Having a most modern, consulted by hundreds of jurists with all the bells and whistles man ingenuity could offer would be rendered meaningless if the main mischief is not addressed - that is EFFECTIVENESS.

Sure Hudud may itself prove to be ineffective, but that requires application before decision. Talk about pre-judging persons, the same should apply to Hudud. We cannot and must not judge before we actually know what or who we are judging against. As Malays say, "Tak kenal maka tak cinta!"

Swimming with the Fishes (and guns)

I write in response to the Malaysian Inspector General of Police ("IGP") Khalid Abu Bakar's statement in trying his level best to justify the 44 guns that are found missing as enunciated in the Malaysian Auditor General's ("AG") Report for 2012.

According to the report, between 2010 and 2012, the police lost 156 units of handcuffs, 44 units of firearms, 29 vehicles, 26 walkie-talkies, 22 radios, 6 cameras, 4 computers, 1 cell-phone and 21 unspecified items.

Teresa Kok of the DAP immediately went for the kill and sought clarification whether the missing firearms could have any connection with the rising guns related crime and deaths. In response, the Malaysian Inspector General of Police ("IGP") Khalid Bakar's came with a gem off the cuff excuse that the guns may not have fell into the wrong hands but may have instead "fell into the sea!"

Today, 3 October 2013 the IGP further mentioned that the AG was not up to date in his calculations, pointing out that seven (7) guns have since been recovered. So the number is NOT 44!! it is ONLY 37!!

Talk about missing the point!

Guns, no matter how many, 44 or 37 or 5, the Royal Malaysian Police ("RMP") must be castigated as to why this was allowed to happen. With the spike in gun-related violence and murder, surely any reasonable Malaysian and not only a DAP lawmaker, could connect the two together? The onus rests on the RMP to debunk this, however miraculous the effort.

Remember that Nallakaruppan, who is political history, was once arrested on 12 August 1998 under both the Firearms Act and the Internal Security Act (ISA) for merely possession of bullets, and he had a valid license at the time!

If the full brunt of the law was implemented against him, why not against the RMP? Is there a separate Schedule in the Federal Constitution to allow leeway to RMP personnel?

You can try to use Utusan to spin it off. Hell maybe you can even consider Khairy Jamaluddin when he tried (to no success) to defend his cushy Ministerial seat by according some flimsy justification for the RM1.6 million K-Pop originally said to be 'sponsored' and suddenly AFTER THE AG REPORT it became 'forced government expenditure' similar to insurance uinderwriters.

Since when did the Malaysian government become underwriters and indemnified private corporate sponsors?

I dare the RMP or the IGP himself reprimand the AG for highlighting these issues in the name of "National Security". Which begs the question, how many gross negligence cases such as these have been swept under the carpet under the same notion?

You tell me.

Beyond the Facade: DAP Elections and a Frustrated Malay(sian)

I am writing in protest against DAP members (not leadership) who had voted in the recently concluded DAP Central Executive Committee ("CEC") elections replayed live on 29 September 2013.

 

Votes were cast, results announced and it was revealed that all seven (7) Malay candidates albeit one failed to win a CEC seat. My good friend chocolate extraordinaire Zairil Tan Sri Khir Johari was the eventual sole elected Malay CEC member. Karpal and Gobind Singh does not count as let's face it the latter is the son of the former and as for the former - who would dare cross swords with Karpal Singh though in a wheelchair?

 

What does this say? What does this mean?

For me, personally, I feel that the Chinese members in DAP have let Pakatan Rakyat and Malaysia down. When here and now we see enlightened Malaysians agreeing that affirmative actions should be based on needs rather than race, and that we should be sensitive and emphatical with the needs of the Chinese who have been ruthlessly denied Bumi housing discounts all this while, we see that the voting membership in DAP feels that it is OK to remain a Chinese party. Malay-centric policies like DEB should be REVISED they say, but then THIS is allowed to happen?

DAP is obligated to show its inclusivity by having more non-Chinese members. Social change demands fair representation. It is bad enough that DAP contests wholly in Chinese dominant areas, but the fact remains that there are Malays, Indians and others that voted for DAP. Do not fall into UMNO's trap of saying "the Chinese are against BN", let us say "Malaysians are against BN".

 

How to meet this? how to achieve this? educate? inculcate? that I leave to the DAP leadership. The problem is on your plate. Until and unless this is not rectified, DAP will remain to become a Chinese party with token memberships from other races. The leadership's call for others to be inclusive and racially-blind would be meaningless as they are not walking the talk.

 

Until there are more balanced representations, all this talk about DAP fighting for the Malays, Indians and our other Malaysians remain hot air.

 

 

Isu Nama Allah

Sejak zaman Kesultanan Melayu Melaka, kita semestinya menyamakan para Sultan Melayu sebagai seorang Islam, yang bertutur bahasa Melayu, yang mengikuti adat resam Melayu dan sebagainya. Namun sedarkan kita bahawa orang Melayu asalnya adalah penganut Hindu? Kesannya daripada Paduka Raja Parameswara yang hanya memeluk Islam dan menukar agamanya kepada Raja Iskandar Shah?

Saya merasakan perlu untuk memberikan pendapat berkenaan isu diatas memandangkan ia diberi liputan meluas dan dikaitkan pula oleh media massa termasuk parti munafik UMNO dan juak-juak mereka dalam BN untuk mengoncangkan keyakinan Rakyat terhadap Pakatan Rakyat. Saya berdiri teguh bahawa Pakatan Rakyat harus mengenepikan isu furu' ini dan bekerjasama atas dasar-dasar yang sama untuk menyelamatkan dan memajukan Malaysia.

Mereka dikira berjaya juga menimbulkan kegelisahan diantara mereka yang kurang ilmu dan paling kurang pun berjaya menyentuh fius seorang pelakon terkenal Patrick Teoh sehingga beliau mengeluarkan kata-kata yang boleh dikatakan sebagai menghina Islam.

Namun isu asasi disini bukanlah penggunaan nama Allah SWT, ia lebih berkisar kepada kejumudan sesetengah orang yang selama ini merasakan bahawa Islam itu asalnya daripada Tanah Melayu dan orang Melayu semestinya Islam.

Pada waktu itu bahasa yang digunakan adalah bahasa Melayu lama, namun yang selebihnya masih sama. Cuma sembahannya yang lain. Adat Melayu lainnya telah tercampur aduk dan akhirnya menjadi caca-merba antara elemen Islam dan elemen adat turun-temurun yang berorientasikan budaya Hindu. Kesannya masih terlihat kini dengan adat bersanding, mempercayai tahyulan dan berbagai lagi amalan yang tidak semestinya secocok dengan Islam.

Perlu diingatkan bahawa sehingga kini tahun 2012 terdapat banyak lagi amalan adat yang sememangnya bertentangan dengan Islam namun diterimapakai dan diuruskan pula oleh satu badan dibawah pihak kesultanan negeri sebagai pejabat Adat dan Agama Islam. Penggunaan ‘Yang Maha Mulia’ merupakan satu contoh pertentangan jelas dan merupakan penghinaan kepada Allah SWT.

Namun kesemua ini tidak dikira penghinaan kepada Islam.

Penyajian minuman keras dalam kapal terbang MAS, kelulusan judi dan penerimaan hasil judi kepada pendapatan negara, disamping kos perkahwinan yang melampau dan diluar kemampuan, badan zakat yang saban tahun melaporkan ‘lebihan zakat’ walhal TV3 konsisten melaporkan kewujudan golongan da’if miskin. Kesemuanya ini menunjukkan beberapa contoh perkara yang sepatutnya diselesaikan dahulu oleh orang Islam sebelum menyerang anutan orang lain yang kebetulan bertutur dalam bahasa Melayu.

Saya ingin menegaskan bahawa sememangnya ada usaha untuk propagasi agama Kristian dan sesungguhnya merasakan bahawa ada tujuan tersembunyi daripada mereka untuk menyebarkan anutan mereka. Namun saya mempersoalkan orang Islam yang fobia terhadap perkara ini. Mereka seolah-olah hilang akal dan berlakon bahawa tindakan ini tidak boleh berlaku kepada orang Melayu.

Islam adalah agama berdasarkan hujah dan keyakinan. Tidak gentar Islam kepada mana-mana suku, kaum mahupun negara. Manusia memerlukan Islam, Islam tidak perlu kepada manusia dari apa jua ceruk sekalipun.

Maka, saya berkeyakinan bahawa masyarakat Muslim perlu memperhebatkan ilmu Islam didada, bukannya dengan cara taqlid buta dan berkeadaan defensif kepada agama lain.

Tidak dinafikan, kita menyayangi Melayu dan menyayangi Islam. Kita mahu orang Melayu kekal Islam, kita mahu Islam sehingga kita mati. Tapi cara kita salah. Kita letakkan banteng rapuh  yang sekiranya dicerobohi walau sekali, akan terlepas dan aqidah kita tergoncang. Maaf saya tidak setuju cara ini. Ia tidak tahan lama dan pegangan Islam sedia ada akan melalui kakisan dengan peredaran masa.

Seantero dunia Kristian kini, jika dilihat sebenar-benarnya mereka enggan dan tidak mahu menggunakan ‘Allah’ dan mahu menggunakan ‘Lord’ atau ‘God’ dan ‘Yahweh’. Paus Katolik juga pernah menafikan penggunaan perkataan ‘Allah’ dalam usahanya untuk menenangkan para Katolik daripada tuduhan beliau menggunakan perkataan ‘Allah’. Di Malaysia terbalik pula!

Saya beranggapan bahawa masyarakat Muslim di Malaysia sepatutnya menerima ia dengan tidak banyak masalah. Dalam surah Al-Fathihah telah dinyatakan Allah SWT sebagai ‘Tuhan sekalian alam’ dan bukannya ‘Tuhan orang Melayu’, pendapat yang disahkan oleh Yusuf al-Qaradhawi.

Sifat defensif yang ditonjolkan akan mencairkan imej ‘agama toleran’ dan menjadikan Islam sebagai ‘extreme’ akibat daripada tindakan drastik melampau seperti cadangan pembakaran Bible edisi Melayu oleh PERKASA. Dalam keghairahan mempertahankan Islam, kita pula menghina agama lain. Itu bukan diajar oleh Rasulullah SAW.

Nabi Muhammad s.a.w bersabda: “Ketahuilah! sesiapa yang menzalimi mu’ahid (rakyat bukan Islam) ataupun mengurangkan haknya, ataupun membebankannya di luar kemampuannya, ataupun mengambil sesuatu (hak) daripadanya tanpa kerelaannya, maka aku menjadi penentang sesiapa yang berbuat demikian itu pada Hari Kiamat”. 

(Riwayat Abu Daud, sahih)

Cara terbaik adalah dengan ilmu. Didiklah anak bangsa dengan ilmu Islam. Dengan penghayatan atau tafaqquh fi ad-diin, maka benteng aqidah kukuh dan dapat memantul segala serangan. Bersihkan negara daripada elemen Islam hanya berdasarkan label, pisahkan pejabat adat dan Islam, perhebatkan majlis ilmu dan promosikan Islam kepada generasi muda. InsyaAllah masalah ini akan selesai, dan mereka boleh cetak dan gunakan nama Allah SWT sebanyak-banyaknya tanpa hal.

Berkenaan Majlis Syura pula, saya merasakan bahawa ayat 'wa amruhum syuraa bainahum' memberitahu kita bahawa kita perlu mendapatkan kehadiran wakil Kristian sebelum mengeluarkan keputusan.

Wallahu a'lam.