Thursday, 29 May 2014
Sunday, 11 May 2014
Friday, 9 May 2014
Tuesday, 6 May 2014
WHO WILL SAVE THE MALAYS? IF NOT UMNO.. WHO ELSE? by Hussein Hamid
Who will save the Malays? Who will give back to the Malays what they have lost through no fault of their own? If not Umno...who else? Huh!
by
Hussein Hamid aka "Steadyaku47"
http://steadyaku-steadyaku-husseinhamid.blogspot.com.au/2014/04/thank-god-for-umno.html
Thank God for Umno...defending the thin Red Line…really?
Who will save the Malays? Who will give back to the Malays what they have lost through no fault of their own? Their religion, culture and political dominance are all under threat from the Christians, the Chinese, the West (including of course, the Jews!) and lurking in the background are the Syiah, the Freemasons, the Communists, the Jesuits and the Socialists.
Everyone has it in for the Malays. A dagger is pointed at their chest waiting to be plunged into the depths of a still beating heart should they lower their guard.
These odious enemies of the Malays have taken all that the Malays revere …their self respect, adat, and pride and soon they will also take away the Tanah Air and leave the Malays with nothing…not even a roof over their heads what more a place to call our own!
How much more do you expect the Malays to endure? How much more can the Malays endure?
Thank God for Umno! Umno has vowed that the Malays will never be oppressed in their own land for as long as Umno is in power.
(Don't forget that "As long as Umno is in power" bit!)
Umno will defend the sovereignty of the Malays, take back what it has lost and once again make the Malays the Tuan of their own country!
This Umno has sworn to do and have been doing for the past half a century since Merdeka. This has been Umno’s struggle. Umno is the last bastion that guards the thin red line between the Malays disappearing from the face of this Earth and its continued survival as a race, with its own Tanah Air, its own culture, its own language and its own religion. Umno and no other!
The Thin Red Line …really?
Consider these facts:
Consider these facts:
The Malays have total control over the Army, Navy and Air force – in its command and in the numbers of rank and file serving in these defense forces.
Ditto for PDRM, RELA and any other paramilitary forces tasked with ensuring the securityand sovereignty of our nation.
At any given moment because Malays are already placed in all critical areas of command in these forces, this Malay led Barisan Nasional government has the ability to turn these forces against any forces that threatens the existence of the Malays or the sovereignty of our nation – be it from within or without –and from within would mean any group, race or faction deemed to be a threat to national security – and the sole arbitrator of that decision are Umno leaders!
At any given moment because Malays are already placed in all critical areas of command in these forces, this Malay led Barisan Nasional government has the ability to turn these forces against any forces that threatens the existence of the Malays or the sovereignty of our nation – be it from within or without –and from within would mean any group, race or faction deemed to be a threat to national security – and the sole arbitrator of that decision are Umno leaders!
And what have the Malays lost?
Their religion?
Is not Islam the official religion of this nation? How impossible is it for Churches and Temples to be built? It takes 20 years to get approval/permission to build a Church and these Churches must look like a workshop or factory. Bibles translated into Bahasa cannot use the word Allah for God. In Sabah and Sarawak illegal immigrants are given citizenship to rival the number of Christians there. Churches are fire bombed.
Temples? One Hindu Temple is demolished every three weeks ostensibly because they are illegal and squatting on government land – even if they are centuries old! Who can forget the arrogance of Malays who took part in the infamous Cow Head Protest during which they “stomped and spat on it before leaving the site” The cow is a sacred animal to the Hindus.
Political dominance of the Malays threatened?
The Malays make up 60% of the Malaysia population and that figure will continue to increase in favor of the Malays. Numerically there is no threat to not only Malay political dominance but any attempts by any other racial group to overwhelm the Malays in any way. How can the Chinese do this when the Malays are numerically superior?
If there is any threat to Malay political dominance it is because Malay political leaders are corrupt, arrogant and incompetent in government.
If there is any threat to Malay political dominance it is because Malay political leaders are corrupt, arrogant and incompetent in government.
The Malay culture is there for the Malays to accept or reject. In no way has any other culture constitute a threat to the Malay culture by design or inadvertently. Beauty contests? The Malays cannot compete in them. Malay girls competing in sports? Have no fear, there are no Malay girl playing squash at international level! In Tennis? No Malay girls competing at any decent level in domestic or international competition. If anything the Muslim religion inhibits any Malay girl to compete in any sports because attire wise they cannot show their aurat...and who is the better for this? Certainly not the Malay girls or the Malays themselves!
Who has taken away the Malay’s self respect and pride in themselves?
How can the Malays have self-respect when they know that they do not have to compete with the other races in education, work opportunities or business opportunities?
How can Malays have self respect when education is handed to them on a plate but yet they know that what education they receive will never ready them to compete on the international level where most Chinese are educated at their parents expense.
How can the Malays have self-respect when they know that Ketuanan Melayu is always there as their crutch?
How can Malays have self respect when education is handed to them on a plate but yet they know that what education they receive will never ready them to compete on the international level where most Chinese are educated at their parents expense.
How can the Malays have self-respect when they know that Ketuanan Melayu is always there as their crutch?
As for taking their Tanah Air away from them….woi Melayu look at the "Malay" leaders in Umno! How many questionable Malays are there? From Kerala, from India, from Indonesia and from elsewhere? How many of them are really home grown Malays? Huh!
And as for Umno being the defender of the thin red line – the last line between the Malays and oblivion…look carefully at Umno! They have had 50 years of defending the Malays and what are the Malays today? Bar the “business” that the government have got their grubby hands in – Banks, Insurance companies, monopolies in rice and sugar, oil and gas, the National Car and the massive but wasteful other businesses that this pathetic Umno led government are involved in, bar all this, it is the Chinese who are ahead economically. It is the Indians who are ahead in professionally, and it is the others who are far better off in every aspect than the Malays.
So what has Umno been defending?
Ptui…nothing! Nothing but themselves and their selfish interest in politics and in the acquisition of material wealth for themselves. All this that they have been doing for themselves they say they are doing for the Malay race! And this is what they have sworn to do and lay down their lives (remember Hishamuddin and that Keris?) …and they have to do this not to defend the Malay race but to defend themselves from being arrested and tried for plundering and pillaging our nation’s coffers to enrich themselves!
So please Umno…cease and desists.
Their leader Najib may look like a buffoon, talk like a buffoon and act like a buffoon but do not let that fool you….he really is a buffoon! So ask yourself this…if Umno has a buffoon for a leader, what does it say of Umno itself?
Ptui…nothing! Nothing but themselves and their selfish interest in politics and in the acquisition of material wealth for themselves. All this that they have been doing for themselves they say they are doing for the Malay race! And this is what they have sworn to do and lay down their lives (remember Hishamuddin and that Keris?) …and they have to do this not to defend the Malay race but to defend themselves from being arrested and tried for plundering and pillaging our nation’s coffers to enrich themselves!
So please Umno…cease and desists.
Their leader Najib may look like a buffoon, talk like a buffoon and act like a buffoon but do not let that fool you….he really is a buffoon! So ask yourself this…if Umno has a buffoon for a leader, what does it say of Umno itself?
For sure Umno has vowed to defend the Malays against being oppressed by the Christians, the Chinese, the West (including of course, the Jews!), the Syiah, the Freemasons, the Communists, the Jesuits and the Socialists…but is it not time for the Malays to ask themselves if they are prepared to allow themselves to continue be oppressed by Umno?
I rest my case.
Friday, 2 May 2014
Theft Punishment in the Quran by Dr. Farouk Musa, Director, Islamic Renaissance Front
An Analysis of Theft Punishment in the Quran by Dr. Farouk Musa, Director, Islamic Renaissance Front
An Analysis of Theft Punishment in the Quran
by
Dr. Farouk Musa,
Director, Islamic Renaissance Front
(Dr Farouk Musa is a Cardiac-Thoracic Surgeon)
http://beingmalaysia.wordpress.com/2014/04/29/an-analysis-of-the-theft-punishment-in-the-quran/
Islamofascists seem to have a great fetish for limb amputation.
This punishment for theft in Traditional Islam is thought by some magical process to transform Muslim societies into ones filled with justice. Funnily, this has never happened in practice.
Proponents of this punishment (known as sariqah in Sharia terminology) cite the Quran Chapter 5 Verse 38 to make their case.
However, I believe that this is nothing more than a deliberately literal reading in order to repeat injunctions made in the Bible.
The Bible is a great influence in Sharia law. Its influenced disguises itself as Hadith literature, thus acquiring legitimisation from Prophet Muhammad.
Punishments for apostasy, adultery, blasphemy and normative religious practices like the hijab, the beard, saying ‘amen’ in prayers all come from the Bible.
Ironically, while CHRISTIANS THEMSELVES HAVE LEFT THESE PRACTICES FOR THE MOST PART, Traditional Muslims cling to them passionately.
From my analysis of the Quran, I believe the punishment for theft is METAPHORICAL. A literal reading simply contradicts the letter and spirit of the Quran.
Can this metaphorical reading be justified? The Quran itself tells us in no less than four places (17/89, 18/54, 30/58 and 39/27) that it contains ‘every mathal’.
What is a ‘mathal’.
A mathal is something which mimics something else. Doubters in the Quran are asked to bring a sura ‘mithluhu’ (mimicking it or like it as translations say). Allah himself imparts ‘mathalan’, metaphors which mimic reality.
Metaphor, examples which mimic reality therefore is no stranger to the Quran. It uses it to enlighten us about reality.
What about the word ‘hand’ (‘yad’ in Arabic)?
Surely it must be literal? On the contrary, we do not even need to look so far.
Even Arabic dictionaries tell us it can mean power, capacity, agency. It is not so different in English when we say ‘my hands are tied’ or in Malay when we say ‘tak menang tangan’.
Arabs say ‘li fulan ‘alayya yadd’ (I owe so and so a favour).
Language after all, is an instinct. There is something intuitive that make actual, literal hands inextricably linked to our powers and capacities. The question now is whether the Quran itself uses it in that way.
In fact, this word ‘yad’ (‘yada’ in dual form and ‘ayd’ in plural) is RARELY OR NEVER USED LITERALLY n the Quran. It all depends on context. Textual coherence must be our priority in determining if a word should be taken literally or metaphorically.
The most obvious example is in Ch 5 Vs 64 which mentions ‘yad Allah’, ‘hand of Allah’.
Muslim scholars have debated for centuries if this is literal.
The Wahabis who believe it is literal had to adopt the doctrine of ‘bila kayf’ (not asking how) so they believe Allah does have a hand but refuse to ask how. This would show that even they realise that literalism is nonsense. Of course this refers to the capacity of Allah , in this context to give provisions for creation.
In this very same verse , we have the word ‘yadaahu’ (his two hands) referring to the two hands of Allah.
So 5/64 starts with (one) hand and then says two hands. Even literalists would have a problem with this one! There are multiple interpretations for this. Some say this shows his openness to give provisions, others say it’s a dual capacity to elevate or destroy.
To make it even more complicated, Ch 36 Vs 71 tells us of the hands (3 or more) of Allah with the word ‘aydina’. So Allah has one, two and three or more hands. Reading this literally would not make sense at all. It would contradict the nature of Allah Himself.
The above example is for Allah and since there is nothing like unto Him (112/4), proponents of a literal reading may ask, ‘What about a human example?’
Lets have a look at the Quranic personality Ya’qoob who in Ch 38 Vs 45 is said to be ‘possessor of hands’ (ulil ayd).
So if we read it literally, Ya’qoob would possess more than two hands (since no children are mentioned)!
It is the same case Dawood, another Quranic personality. He said to have many hands ‘dhal ayd’ in Ch 38 Vs 17. Finally we have Isa whom was said in Ch 2 Vs 87 to be ‘ayyadnahu’ (literally hands made for him) with the so-called Holy Spirit.
Clearly even hands in the case of human beings this word is metaphorical.
Finally we look at the example of Ch 10 Vs 37 and Ch 12 Vs 111 which uses the phrase ‘confirming what is between his two hands’ (tasdiqan alladhi min bayna yadayhi).
Traditionalists say this refers to the Prophet. However, the Prophet isn’t mentioned at all nor what is between his two hands.
Moreover Ch 41 Vs 41-42 shows us that ‘min bayna yadayhi’ refers to the Quran itelf.
It is between the Quran’s two ‘hands’, NOT the Prophets. This shows another METAPHORICAL reading.
Coming back to the verse in question, Ch 5 Vs 38:i
It is therefore clear that for the thieves, it is their capacities or powers which must be cut off.
Furthermore, in the verse itself, we can see the phrase ‘bimaa kasaba nakalan’ (based on what they both earned as a punishment warning).
--How can the thief who steals RM5 and those who steal RM 5 million earn the same punishment.
-- How can a warning be so final as cutting off the hand?
Reading the next verse (5/39) tells us even more. The thieves are to make amends for their misdeeds.
How do handless thieves do this? There is NO way the LITERAL punishment is correct.
Lastly we look at the story of Yusuf, another Quranic personality.
He tricks his brothers by placing something of value in their pouch then accusing them of theft. The punishment threatened for them is to give themselves as recompense (fahuwa jazaahu). There is NO cutting off the hands mentioned at all. This is in the Quran Ch 12 Vs 62-75.
From these arguments, we can see that THE QURAN SIMPLY DOES NOT SUPPORT A LITERAL AMPUTATION OF THE HANDS AT ALL.
The Islamofascists are simply echoing the literal readings of their ancient scholars and refuse to even discuss the validity of the law.
We need to absolutely reject this if we are to create a just and democratic society.
- Dr. Farouk Musa
Tuesday, 22 April 2014
PAS'S MOVE ON HUDUD IS ILL-CONCEIVED BY CHANDRA MUZAFFAR
by
Dr. Chandra Muzaffar
Read here: http://tinyurl.com/kcknmv2
From media reports, it appears that the Islamic Party of Malaysia (PAS) is determined to table a Private Member’s Bill in the June session of the Dewan Rakyat that will seek to facilitate the implementation of hudud --- the Islamic penal code --- in Kelantan.
The implementation will be based upon the Hudud Bill adopted unanimously by the Kelantan State Legislative Assembly in November 1993.
I shall attempt to appraise the wisdom of doing this from THREE closely inter-related perspectives:
a) The CONCEPT of hudud in general AND as enunciated in the (Kelantan)Bill;
b) The PRACTICE of hudud in OTHER countries; and
c) The LOCAL CONTEXT in which hudud would be implemented.
A. THE CONCEPT .
The Kelantan Hudud Bill has been subjected to a comprehensive analysis in Muhammad Hashim Kamali’s " PUNISHMENT IN ISLAMIC LAW: AN INQUIRY INTO THE HUDUD BILL OF KELANTAN" (Kuala Lumpur: Institut Kajian Dasar, 1995).
["Punishment in Islamic Law: An Inquiry into the Hudud Bill of Kelantan"
By Mohammad Hashim Kamali.Kuala Lumpur: Institut Kajian Dasar, 1995. pp. xvii + 178 ISBN: 983-884-038-6]
Kamali, one of the world’s leading Islamic jurists, reveals in detail the weaknesses of the Bill, including those pertaining to its categorisation of hudud offences and how it contradicts the Quranic prescription on punishments and why it conflicts with the Malaysian Constitution and the Penal Code.
ALL MEMBERS OF PARLIAMENT, FROM GOVERNMENT AND THE OPPOSTION, MUSLIMS AND NON-MUSLIMS, SHOULD DIGEST THE CONTENTS OF THE BOOK BEFORE DEBATING THE PASS SPONSORED BILL.
They will realise that the PAS approach is FOCUSSED ESSENTIALLY upon modes of punishment and NOT upon the fundamental principle of justice which is the overriding concern of the Quran.
When justice is one’s leitmotif one would first strive to ensure that the social ethos and the power structure conduce towards equity and fairness rather than preoccupy oneself with detailed descriptions of how different forms of punishment would be meted out.
Besides, the concept of hudud --- or boundaries --- IN THE QURAN HAS A MUCH WIDER AND DEEPER MEANING and is not confined to its penal aspects.
It is also employed in relation to fasting, family laws and inheritance and indeed embodies all of God’s teachings and guidelines.
By over-emphasising punishment, PAS has also SIDE-LINED provisions on repentance and reformation which are crucial to all those instances in the Quran where punitive measures are mentioned in the context of specific offences.
B. THE PRACTICE
It is not just the failure to appreciate the spirit of compassion and justice that accompanies legal provisions in the Quran that renders THE PAS MOVE TO INTRODUCE HUDUD PROBLEMATIC..
The party and others who subscribe to a similar view have NOT examined the realities surrounding the implementation of hudud.
Most Muslim majority states do NOT provide for hudud.
1. The most populous Muslim nation on earth, INDONESIA, has not incorporated such a provision into its legal system though one of its smaller provinces, Acheh, has introduced elements of the Islamic penal code while retaining civil law in other areas.
The change is drawing more and more criticism from WITHIN Achenese society itself.
2. TURKEY, one of the more prominent Muslim states today, with a leadership rooted in an Islamic movement, has stayed away from hudud laws.
3. Arab states such as Egypt, Jordan, Lebanon and Syria, among others, have not included hudud in their criminal justice systems. In some instances, their constitutions proclaim a general commitment to Sharia as “a way of life.”
4. Those countries which have sought to enforce hudud such as Afghanistan, Northern Nigeria, Pakistan, Saudi Arabia, Somalia and Sudan do NOT t seem to have succeeded in reducing the very crimes that the law is meant for.
In some of them, murder and robbery are still as rife as ever. Even if street-level theft has been kept in check in one or two cases, there is ample evidence of massive looting of the nation’s wealth by the elite for the elite.
And yet the hands of these thieves are NOT cut off! It merely reinforces the point that it is NOT the mode of punishment that ensures justice BUT THE ABILITY OF SOCIETY TO HOLD THE POWERFUL ACCOUNTABLE.
5. If accountability and justice are still lacking in hudud-based societies, their parlous situation is further exacerbated by the plight of women and non-Muslims.
IN ALMOST EVERY ONE OF THE STATES THAT HAS EMBRACED HUDUD LAWS, WOMEN HAVE BEEN MARGINALISED BOTH IN THEIR PRIVATE SPHERE AND IN THE PUBLIC ARENA.
In those countries where there is a NON-MUSLIM MINORITY, their space for expression and action often shrinks, in the wake of hudud enforcement.
C. THE LOCAL CONTEXT.
This brings us to the situation IN MALAYSIA.
Since it is Kelantan that wants to implement hudud, it is pertinent to ask: HOW would the punishments prescribed in the hudud laws help to reduce various crimes in the state (Kelantan) ?
In Kelantan, as in other states in Malaysia, a number of robberies and murders appear to be related to DRUG ABUSE. UNLESS this underlying cause is eliminated, it is unlikely that the crime rate will be reduced even if the modes of punishment are brought in line with hudud rules.
There is also another problem that Kelantan will have to address.
Though its NON -Muslim population is small, at about 5 percent, the state’s Buddhists, Hindus and Christians have the right to continue to be charged under the existing law which means that the state will have two sets of criminal legislation.
As argued by some others, a Muslim and a non-Muslim charged for the SAME crime will have to be tried under TWO DIFFERENT JURISDICTIONS and meted out two different sentences.
One could be more severe than the other.
--Would that be just?
-- Would that be morally right?
EQUALLY SERIOUS, WHAT WOULD BE THE IMPACT OF THIS BIZARRE ARRANGEMENT UPON RELATIONS BETWEEN MUSLIMS AND PEOPLE OF OTHER FATHS?
Wouldn’t it lead to GREATER POLARIZATION at a time when we are already struggling with increasing communal polarization?
D. CONCLUSION
In the ultimate analysis, the PAS bid to implement hudud in Kelantan is NOT just about its understanding of hudud.
IT IS SADLY ABOUT HOW THE VAST MAJORITY OF MUSLIMS IN THIS COUNTRY UNDERSTAND HUDUD. IT IS AN UNDERSTANDING SHAPED LARGELY BY THE INTERPRETATION OF THE ULAMA --- an interpretation that is literal and static.
This is why modes of punishment including those that have no basis in the Quran are perceived as sacrosanct.
MALAYSIAN MUSLIMS FORGET that it is the underlying moral principle of right and wrong that is fundamental --- a principle which regards murder and robbery and adultery as eternally wrong.
In order to do justice to the victims of these and other wrongdoings, every religion and every epoch has formulated modes of punishment which are often SHAPED BY THE PREVAILING SOCIAL MILIEAU.
If one fails to distinguish the contextual from the eternal, the ephemeral from the perennial, the universal message of religion will be lost.
Great Muslim thinkers have cautioned Muslims about this through the ages.
1. SHAH WALIULLAH
The illustrious eighteenth century theologian Shah Waliullah (1703-1762) for instance emphasised that “every age must seek its own interpretation of the Quran and the traditions.”
He believed that, “ONE OF THE MAJOR CAUSES OF MUSLIM DECAY AS RIGID CONFORMITY TO INTERPRETATIONS MADE IN OTHER AGES."
2. MUHAMMAD IQBAL
Muhammad Iqbal (1877-1938), the distinguished twentieth century poet-philosopher, was also of the view that in approaching the Sharia, “each generation, guided but unhampered by the work of its predecessors, should be permitted to solve its own problems in accordance with the level of its consciousness and the demands of the time.”
3. ALI SHARIATI
Another reformer of repute, Ali Shariati (1933-1977), was equally critical of “traditional, formalistic Islam” and sought to liberate the religion from the grip of those ulama “who had imprisoned Islam by monopolising it.”
4. SYED HUSSEIN ALATAS
Here in Malaysia, Syed Hussein Alatas (1928-2007) had for many decades, through works such as Kita dengan Islam argued eloquently for an understanding of Islam that goes beyond the literal and connects with the essence of the faith.
In an essay entitled, Al-Quran: Nilai dan Peraturan in Dewan Budaya (February and March 1980), I has also explored further the distinction between contextual rules and the eternal message. It explains why when PAS began pushing for hudud soon after it came to power in Kelantan for a second time in 1990, I raised the question, Hudud: Central to Islam? in a 1992 article which became a chapter in my Rights, Religion and Reform ( London: RoutledgeCurzon, 2002)
Now that the issue of hudud has re-surfaced with even more serious implications for the nation as a whole,WE SHOULD REMIND OURSELVES OF THE MAGNITUDE OF THE CHALLENGES THAT FACES US.
In Kamali’s words, nineteen years ago"
“We either choose to retain the eternal message of Islam, uphold its civilizational ideals, and invest our energy in the task of reconstructing a society in that image OR lower our sights only to see the concrete rules and specific details.
" This latter alternative … attaches higher priority to details and make them the focus of attention at the expense of the broader and more important objectives of Islam.
"Islam’s commitment to moral virtue, to justice, to equality and freedom … and to the promotion of humanitarian and compassionate values are of universal and perpetual significance.
" Failing to understand these will inevitably lead to the misapprehension and misinterpretation of Islam and its criminal justice.”(Muhammad Hashim Kamali)
- DR CHANDRA MUZAFFAR
Dr. Chandra Muzaffar
Read here: http://tinyurl.com/kcknmv2
From media reports, it appears that the Islamic Party of Malaysia (PAS) is determined to table a Private Member’s Bill in the June session of the Dewan Rakyat that will seek to facilitate the implementation of hudud --- the Islamic penal code --- in Kelantan.
The implementation will be based upon the Hudud Bill adopted unanimously by the Kelantan State Legislative Assembly in November 1993.
I shall attempt to appraise the wisdom of doing this from THREE closely inter-related perspectives:
a) The CONCEPT of hudud in general AND as enunciated in the (Kelantan)Bill;
b) The PRACTICE of hudud in OTHER countries; and
c) The LOCAL CONTEXT in which hudud would be implemented.
A. THE CONCEPT .
The Kelantan Hudud Bill has been subjected to a comprehensive analysis in Muhammad Hashim Kamali’s " PUNISHMENT IN ISLAMIC LAW: AN INQUIRY INTO THE HUDUD BILL OF KELANTAN" (Kuala Lumpur: Institut Kajian Dasar, 1995).
["Punishment in Islamic Law: An Inquiry into the Hudud Bill of Kelantan"
By Mohammad Hashim Kamali.Kuala Lumpur: Institut Kajian Dasar, 1995. pp. xvii + 178 ISBN: 983-884-038-6]
Kamali, one of the world’s leading Islamic jurists, reveals in detail the weaknesses of the Bill, including those pertaining to its categorisation of hudud offences and how it contradicts the Quranic prescription on punishments and why it conflicts with the Malaysian Constitution and the Penal Code.
ALL MEMBERS OF PARLIAMENT, FROM GOVERNMENT AND THE OPPOSTION, MUSLIMS AND NON-MUSLIMS, SHOULD DIGEST THE CONTENTS OF THE BOOK BEFORE DEBATING THE PASS SPONSORED BILL.
They will realise that the PAS approach is FOCUSSED ESSENTIALLY upon modes of punishment and NOT upon the fundamental principle of justice which is the overriding concern of the Quran.
When justice is one’s leitmotif one would first strive to ensure that the social ethos and the power structure conduce towards equity and fairness rather than preoccupy oneself with detailed descriptions of how different forms of punishment would be meted out.
Besides, the concept of hudud --- or boundaries --- IN THE QURAN HAS A MUCH WIDER AND DEEPER MEANING and is not confined to its penal aspects.
It is also employed in relation to fasting, family laws and inheritance and indeed embodies all of God’s teachings and guidelines.
By over-emphasising punishment, PAS has also SIDE-LINED provisions on repentance and reformation which are crucial to all those instances in the Quran where punitive measures are mentioned in the context of specific offences.
B. THE PRACTICE
It is not just the failure to appreciate the spirit of compassion and justice that accompanies legal provisions in the Quran that renders THE PAS MOVE TO INTRODUCE HUDUD PROBLEMATIC..
The party and others who subscribe to a similar view have NOT examined the realities surrounding the implementation of hudud.
Most Muslim majority states do NOT provide for hudud.
1. The most populous Muslim nation on earth, INDONESIA, has not incorporated such a provision into its legal system though one of its smaller provinces, Acheh, has introduced elements of the Islamic penal code while retaining civil law in other areas.
The change is drawing more and more criticism from WITHIN Achenese society itself.
2. TURKEY, one of the more prominent Muslim states today, with a leadership rooted in an Islamic movement, has stayed away from hudud laws.
3. Arab states such as Egypt, Jordan, Lebanon and Syria, among others, have not included hudud in their criminal justice systems. In some instances, their constitutions proclaim a general commitment to Sharia as “a way of life.”
4. Those countries which have sought to enforce hudud such as Afghanistan, Northern Nigeria, Pakistan, Saudi Arabia, Somalia and Sudan do NOT t seem to have succeeded in reducing the very crimes that the law is meant for.
In some of them, murder and robbery are still as rife as ever. Even if street-level theft has been kept in check in one or two cases, there is ample evidence of massive looting of the nation’s wealth by the elite for the elite.
And yet the hands of these thieves are NOT cut off! It merely reinforces the point that it is NOT the mode of punishment that ensures justice BUT THE ABILITY OF SOCIETY TO HOLD THE POWERFUL ACCOUNTABLE.
5. If accountability and justice are still lacking in hudud-based societies, their parlous situation is further exacerbated by the plight of women and non-Muslims.
IN ALMOST EVERY ONE OF THE STATES THAT HAS EMBRACED HUDUD LAWS, WOMEN HAVE BEEN MARGINALISED BOTH IN THEIR PRIVATE SPHERE AND IN THE PUBLIC ARENA.
In those countries where there is a NON-MUSLIM MINORITY, their space for expression and action often shrinks, in the wake of hudud enforcement.
C. THE LOCAL CONTEXT.
This brings us to the situation IN MALAYSIA.
Since it is Kelantan that wants to implement hudud, it is pertinent to ask: HOW would the punishments prescribed in the hudud laws help to reduce various crimes in the state (Kelantan) ?
In Kelantan, as in other states in Malaysia, a number of robberies and murders appear to be related to DRUG ABUSE. UNLESS this underlying cause is eliminated, it is unlikely that the crime rate will be reduced even if the modes of punishment are brought in line with hudud rules.
There is also another problem that Kelantan will have to address.
Though its NON -Muslim population is small, at about 5 percent, the state’s Buddhists, Hindus and Christians have the right to continue to be charged under the existing law which means that the state will have two sets of criminal legislation.
As argued by some others, a Muslim and a non-Muslim charged for the SAME crime will have to be tried under TWO DIFFERENT JURISDICTIONS and meted out two different sentences.
One could be more severe than the other.
--Would that be just?
-- Would that be morally right?
EQUALLY SERIOUS, WHAT WOULD BE THE IMPACT OF THIS BIZARRE ARRANGEMENT UPON RELATIONS BETWEEN MUSLIMS AND PEOPLE OF OTHER FATHS?
Wouldn’t it lead to GREATER POLARIZATION at a time when we are already struggling with increasing communal polarization?
D. CONCLUSION
In the ultimate analysis, the PAS bid to implement hudud in Kelantan is NOT just about its understanding of hudud.
IT IS SADLY ABOUT HOW THE VAST MAJORITY OF MUSLIMS IN THIS COUNTRY UNDERSTAND HUDUD. IT IS AN UNDERSTANDING SHAPED LARGELY BY THE INTERPRETATION OF THE ULAMA --- an interpretation that is literal and static.
This is why modes of punishment including those that have no basis in the Quran are perceived as sacrosanct.
MALAYSIAN MUSLIMS FORGET that it is the underlying moral principle of right and wrong that is fundamental --- a principle which regards murder and robbery and adultery as eternally wrong.
In order to do justice to the victims of these and other wrongdoings, every religion and every epoch has formulated modes of punishment which are often SHAPED BY THE PREVAILING SOCIAL MILIEAU.
If one fails to distinguish the contextual from the eternal, the ephemeral from the perennial, the universal message of religion will be lost.
Great Muslim thinkers have cautioned Muslims about this through the ages.
1. SHAH WALIULLAH
The illustrious eighteenth century theologian Shah Waliullah (1703-1762) for instance emphasised that “every age must seek its own interpretation of the Quran and the traditions.”
He believed that, “ONE OF THE MAJOR CAUSES OF MUSLIM DECAY AS RIGID CONFORMITY TO INTERPRETATIONS MADE IN OTHER AGES."
2. MUHAMMAD IQBAL
Muhammad Iqbal (1877-1938), the distinguished twentieth century poet-philosopher, was also of the view that in approaching the Sharia, “each generation, guided but unhampered by the work of its predecessors, should be permitted to solve its own problems in accordance with the level of its consciousness and the demands of the time.”
3. ALI SHARIATI
Another reformer of repute, Ali Shariati (1933-1977), was equally critical of “traditional, formalistic Islam” and sought to liberate the religion from the grip of those ulama “who had imprisoned Islam by monopolising it.”
4. SYED HUSSEIN ALATAS
Here in Malaysia, Syed Hussein Alatas (1928-2007) had for many decades, through works such as Kita dengan Islam argued eloquently for an understanding of Islam that goes beyond the literal and connects with the essence of the faith.
In an essay entitled, Al-Quran: Nilai dan Peraturan in Dewan Budaya (February and March 1980), I has also explored further the distinction between contextual rules and the eternal message. It explains why when PAS began pushing for hudud soon after it came to power in Kelantan for a second time in 1990, I raised the question, Hudud: Central to Islam? in a 1992 article which became a chapter in my Rights, Religion and Reform ( London: RoutledgeCurzon, 2002)
Now that the issue of hudud has re-surfaced with even more serious implications for the nation as a whole,WE SHOULD REMIND OURSELVES OF THE MAGNITUDE OF THE CHALLENGES THAT FACES US.
In Kamali’s words, nineteen years ago"
“We either choose to retain the eternal message of Islam, uphold its civilizational ideals, and invest our energy in the task of reconstructing a society in that image OR lower our sights only to see the concrete rules and specific details.
" This latter alternative … attaches higher priority to details and make them the focus of attention at the expense of the broader and more important objectives of Islam.
"Islam’s commitment to moral virtue, to justice, to equality and freedom … and to the promotion of humanitarian and compassionate values are of universal and perpetual significance.
" Failing to understand these will inevitably lead to the misapprehension and misinterpretation of Islam and its criminal justice.”(Muhammad Hashim Kamali)
- DR CHANDRA MUZAFFAR
![Photo: WHY PAS's MOVE ON HUDUD IS CONSIDERED ILL-CONCEIVED.
by
Dr. Chandra Muzaffar
Read here: http://tinyurl.com/kcknmv2
From media reports, it appears that the Islamic Party of Malaysia (PAS) is determined to table a Private Member’s Bill in the June session of the Dewan Rakyat that will seek to facilitate the implementation of hudud --- the Islamic penal code --- in Kelantan.
The implementation will be based upon the Hudud Bill adopted unanimously by the Kelantan State Legislative Assembly in November 1993.
I shall attempt to appraise the wisdom of doing this from THREE closely inter-related perspectives:
a) The CONCEPT of hudud in general AND as enunciated in the (Kelantan)Bill;
b) The PRACTICE of hudud in OTHER countries; and
c) The LOCAL CONTEXT in which hudud would be implemented.
A. THE CONCEPT .
The Kelantan Hudud Bill has been subjected to a comprehensive analysis in Muhammad Hashim Kamali’s " PUNISHMENT IN ISLAMIC LAW: AN INQUIRY INTO THE HUDUD BILL OF KELANTAN" (Kuala Lumpur: Institut Kajian Dasar, 1995).
["Punishment in Islamic Law: An Inquiry into the Hudud Bill of Kelantan"
By Mohammad Hashim Kamali.Kuala Lumpur: Institut Kajian Dasar, 1995. pp. xvii + 178 ISBN: 983-884-038-6]
Kamali, one of the world’s leading Islamic jurists, reveals in detail the weaknesses of the Bill, including those pertaining to its categorisation of hudud offences and how it contradicts the Quranic prescription on punishments and why it conflicts with the Malaysian Constitution and the Penal Code.
ALL MEMBERS OF PARLIAMENT, FROM GOVERNMENT AND THE OPPOSTION, MUSLIMS AND NON-MUSLIMS, SHOULD DIGEST THE CONTENTS OF THE BOOK BEFORE DEBATING THE PASS SPONSORED BILL.
They will realise that the PAS approach is FOCUSSED ESSENTIALLY upon modes of punishment and NOT upon the fundamental principle of justice which is the overriding concern of the Quran.
When justice is one’s leitmotif one would first strive to ensure that the social ethos and the power structure conduce towards equity and fairness rather than preoccupy oneself with detailed descriptions of how different forms of punishment would be meted out.
Besides, the concept of hudud --- or boundaries --- IN THE QURAN HAS A MUCH WIDER AND DEEPER MEANING and is not confined to its penal aspects.
It is also employed in relation to fasting, family laws and inheritance and indeed embodies all of God’s teachings and guidelines.
By over-emphasising punishment, PAS has also SIDE-LINED provisions on repentance and reformation which are crucial to all those instances in the Quran where punitive measures are mentioned in the context of specific offences.
B. THE PRACTICE
It is not just the failure to appreciate the spirit of compassion and justice that accompanies legal provisions in the Quran that renders THE PAS MOVE TO INTRODUCE HUDUD PROBLEMATIC..
The party and others who subscribe to a similar view have NOT examined the realities surrounding the implementation of hudud.
Most Muslim majority states do NOT provide for hudud.
1. The most populous Muslim nation on earth, INDONESIA, has not incorporated such a provision into its legal system though one of its smaller provinces, Acheh, has introduced elements of the Islamic penal code while retaining civil law in other areas.
The change is drawing more and more criticism from WITHIN Achenese society itself.
2. TURKEY, one of the more prominent Muslim states today, with a leadership rooted in an Islamic movement, has stayed away from hudud laws.
3. Arab states such as Egypt, Jordan, Lebanon and Syria, among others, have not included hudud in their criminal justice systems. In some instances, their constitutions proclaim a general commitment to Sharia as “a way of life.”
4. Those countries which have sought to enforce hudud such as Afghanistan, Northern Nigeria, Pakistan, Saudi Arabia, Somalia and Sudan do NOT t seem to have succeeded in reducing the very crimes that the law is meant for.
In some of them, murder and robbery are still as rife as ever. Even if street-level theft has been kept in check in one or two cases, there is ample evidence of massive looting of the nation’s wealth by the elite for the elite.
And yet the hands of these thieves are NOT cut off! It merely reinforces the point that it is NOT the mode of punishment that ensures justice BUT THE ABILITY OF SOCIETY TO HOLD THE POWERFUL ACCOUNTABLE.
5. If accountability and justice are still lacking in hudud-based societies, their parlous situation is further exacerbated by the plight of women and non-Muslims.
IN ALMOST EVERY ONE OF THE STATES THAT HAS EMBRACED HUDUD LAWS, WOMEN HAVE BEEN MARGINALISED BOTH IN THEIR PRIVATE SPHERE AND IN THE PUBLIC ARENA.
In those countries where there is a NON-MUSLIM MINORITY, their space for expression and action often shrinks, in the wake of hudud enforcement.
C. THE LOCAL CONTEXT.
This brings us to the situation IN MALAYSIA.
Since it is Kelantan that wants to implement hudud, it is pertinent to ask: HOW would the punishments prescribed in the hudud laws help to reduce various crimes in the state (Kelantan) ?
In Kelantan, as in other states in Malaysia, a number of robberies and murders appear to be related to DRUG ABUSE. UNLESS this underlying cause is eliminated, it is unlikely that the crime rate will be reduced even if the modes of punishment are brought in line with hudud rules.
There is also another problem that Kelantan will have to address.
Though its NON -Muslim population is small, at about 5 percent, the state’s Buddhists, Hindus and Christians have the right to continue to be charged under the existing law which means that the state will have two sets of criminal legislation.
As argued by some others, a Muslim and a non-Muslim charged for the SAME crime will have to be tried under TWO DIFFERENT JURISDICTIONS and meted out two different sentences.
One could be more severe than the other.
--Would that be just?
-- Would that be morally right?
EQUALLY SERIOUS, WHAT WOULD BE THE IMPACT OF THIS BIZARRE ARRANGEMENT UPON RELATIONS BETWEEN MUSLIMS AND PEOPLE OF OTHER FATHS?
Wouldn’t it lead to GREATER POLARIZATION at a time when we are already struggling with increasing communal polarization?
D. CONCLUSION
In the ultimate analysis, the PAS bid to implement hudud in Kelantan is NOT just about its understanding of hudud.
IT IS SADLY ABOUT HOW THE VAST MAJORITY OF MUSLIMS IN THIS COUNTRY UNDERSTAND HUDUD. IT IS AN UNDERSTANDING SHAPED LARGELY BY THE INTERPRETATION OF THE ULAMA --- an interpretation that is literal and static.
This is why modes of punishment including those that have no basis in the Quran are perceived as sacrosanct.
MALAYSIAN MUSLIMS FORGET that it is the underlying moral principle of right and wrong that is fundamental --- a principle which regards murder and robbery and adultery as eternally wrong.
In order to do justice to the victims of these and other wrongdoings, every religion and every epoch has formulated modes of punishment which are often SHAPED BY THE PREVAILING SOCIAL MILIEAU.
If one fails to distinguish the contextual from the eternal, the ephemeral from the perennial, the universal message of religion will be lost.
Great Muslim thinkers have cautioned Muslims about this through the ages.
1. SHAH WALIULLAH
The illustrious eighteenth century theologian Shah Waliullah (1703-1762) for instance emphasised that “every age must seek its own interpretation of the Quran and the traditions.”
He believed that, “ONE OF THE MAJOR CAUSES OF MUSLIM DECAY AS RIGID CONFORMITY TO INTERPRETATIONS MADE IN OTHER AGES."
2. MUHAMMAD IQBAL
Muhammad Iqbal (1877-1938), the distinguished twentieth century poet-philosopher, was also of the view that in approaching the Sharia, “each generation, guided but unhampered by the work of its predecessors, should be permitted to solve its own problems in accordance with the level of its consciousness and the demands of the time.”
3. ALI SHARIATI
Another reformer of repute, Ali Shariati (1933-1977), was equally critical of “traditional, formalistic Islam” and sought to liberate the religion from the grip of those ulama “who had imprisoned Islam by monopolising it.”
4. SYED HUSSEIN ALATAS
Here in Malaysia, Syed Hussein Alatas (1928-2007) had for many decades, through works such as Kita dengan Islam argued eloquently for an understanding of Islam that goes beyond the literal and connects with the essence of the faith.
In an essay entitled, Al-Quran: Nilai dan Peraturan in Dewan Budaya (February and March 1980), I has also explored further the distinction between contextual rules and the eternal message. It explains why when PAS began pushing for hudud soon after it came to power in Kelantan for a second time in 1990, I raised the question, Hudud: Central to Islam? in a 1992 article which became a chapter in my Rights, Religion and Reform ( London: RoutledgeCurzon, 2002)
Now that the issue of hudud has re-surfaced with even more serious implications for the nation as a whole,WE SHOULD REMIND OURSELVES OF THE MAGNITUDE OF THE CHALLENGES THAT FACES US.
In Kamali’s words, nineteen years ago"
“We either choose to retain the eternal message of Islam, uphold its civilizational ideals, and invest our energy in the task of reconstructing a society in that image OR lower our sights only to see the concrete rules and specific details.
" This latter alternative … attaches higher priority to details and make them the focus of attention at the expense of the broader and more important objectives of Islam.
"Islam’s commitment to moral virtue, to justice, to equality and freedom … and to the promotion of humanitarian and compassionate values are of universal and perpetual significance.
" Failing to understand these will inevitably lead to the misapprehension and misinterpretation of Islam and its criminal justice.”(Muhammad Hashim Kamali)
- DR CHANDRA MUZAFFAR](https://fbcdn-sphotos-f-a.akamaihd.net/hphotos-ak-prn2/t1.0-9/p526x296/10170723_763647763668284_7991740360894857195_n.jpg)
Tuesday, 4 February 2014
MALAYSIA: JOHORE CROWN PRINCE THREATENED TO KILL BRAZILIAN PROFESSIONAL FOOTBALLER DURING A MATCH
http://www.freemalaysiatoday.com/category/nation/2014/02/03/police-report-against-johor-fa-chief/
February 3, 2014
KUALA TERENGGANU:
Fabio Flor De Azavedo, a professional footballer for T-Team, today lodged a police report against the Johor FA president Tunku Ismail Sultan Ibrahim for allegedly threatening to kill him during the half-time break in the match between Johor JDT and T-Team last weekend at the Larkin Stadium, in Johor.
In the police report lodged at the Kuala Terengganu police station this morning, the 33-year-old defender from Brazil said Tunku Ismail approached him during the interval of the match and threatened to kill the defender.
“As I was walking with my teammates during the break to the changing room, the Johor FA president came and said f*** you Brazil, I’ll kill you, this is my country,” he said in the police report.
Azadevo claimed that he replied by saying: “Why do you want to kill me, I come to play football”.
At this juncture T-Team CEO Abdul Rasid Jusoh intervened and pulled Fabio away into the dressing room, he stated in the police report. According to earlier news reports, Johor Darul Ta’zim (JDT) head coach Cesar Jimenez had a spat with one of T-Team coaching staff.
The argument continued and players and staff from both teams stepped in and the argument continued inside the tunnel leading to the changing rooms. T-Team refused to take the pitch, after the interval, in fear of safety and the match was eventually abandoned. Terengganu police are mum on the police report.
The second round FA Cup match between the two teams at the Tan Sri Hassan Yunos Stadium in Larkin tonight has been postponed to a later date. Match commissioner Zainal Mukri said the decision was taken after T-Team refused to continue playing the second half for safety reasons.
JDT was leading 2-1 in the first half, thanks to the goals scored by their Argentine striker, Luciano Figueroa in the 15th and 20th minute. T-Team also known as the Titans managed to reduce the goal deficit through a free-kick scored by the team captain, Marzuki Yusoff.
Two more assaulted
Meanwhile, FMT also managed to obtain a report by the T-Team management on the incident
A state government source said that the report was supposed to be included with an official police report but was later withdrawn for unknown reasons.
In the report, T-Team management officials said that T-Team forward Evaldo Rodrigues Goncalves Cardoso was punched in the face by the Johor FA President while T-Team’s fitness coach Stefano Impagliazzo was kicked in the groin by one of the president’s bodyguards.
“At about 9.40pm during the break, at the tunnel Evaldo was punched in the face by Johor FA President while our fitness coach was kicked in the groin by one of his bodyguards.
“The incident left Evaldo with a bleeding nose and a bruised eye. Stefano sustained severe pain at his groin.
“Due to the unwanted incident we decided not to go on with the second half match,” said the officials in the report.
Wednesday, 8 January 2014
KNOW THE 16 RIGHTS IF YOU ARE BEING CONFRONTED BY THE POLICE
1. If a plain-clothed police stops you, you may politely ask to see his Police Authority Card. A red card indicates a suspended police officer, he has no authority over you.
- If the police is not in uniform, ask for identification, say: “Please, show me your Police authority card“. Note his name and Police authority card number.
- Police authority card - Red : Suspended Police Officer. He has no authority to do anything to you. Walk away. Other colours: • Blue : Rank of Inspector and above • Yellow : Below the rank of Inspector • White : Reserve police
2. If a uniformed police stops you, note his name, uniform ID number, and the number plate of his patrol vehicle
3. You are only obliged to provide your name, IC number and address if a policeman stops you. If he asks other questions, politely reply with "Am I under arrest?"
- You are arrested if the Police: • tell you "yes"; • do not allow you to leave/want to take you to the Police Station; or • handcuff you.
- The Police cannot arrest you just because you are a potential witness and they want to take a statement from you (Witness/112 Statement).
4. If you are NOT under arrest, you may refuse to follow the police to the police station or anywhere else
- If you are not under arrest, you may walk away/refuse to follow him back to the Police Station or anywhere else, if asked.
5. You have the right to a lawyer to accompany you when you are questioned by the police without arrest
- When the Police are investigating a case and think you have information / knowledge about the case, the Police may question you and take down your answers (112 Statement).
- You have the right to ask a lawyer to accompany you. This is advisable. In giving a 112 Statement, you may refuse to answer any question / remain silent if the answer is likely to expose you to a criminal offence. Before signing your Statement, read the questions and your answers written by the Police Officer carefully.
- If you refuse to cooperate, the Police may issue a formal order in writing, signed by an investigating officer (Police Officer) to ask you to cooperate. If you disobey a Police Order, you cannot be arrested. However, it is an offence and the Police may request the Magistrate to issue a warrant against you to compel you to cooperate.
6. If the police arrest you, do not resist. Ask 'Why am I under arrest' and "Which police station are you taking me to". You have the right to call a friend or a lawyer.
- Ask: "Why am I under arrest?". An arrest is unlawful if you are not informed of the reason. Do not resist an arrest The Police have the right to use reasonable force to arrest you if you resist.
- Ask: "Which Police Station are you taking me to?". The arresting Police Officer must immediately take you to the nearest Police Station and no other place.
- What to do when arrested: You have the right to telephone: 1. Your relative or friend; and 2. A lawyer. You may also call a nearby Legal Aid Centre (LAC).
- What happens after arrest: You may be detained up to 24 hours: • at the Police Station, or • in a lock-up to "assist" police investigation.
7. If you are detained, you have the right to meet and consult a lawyer. You are allowed to have a set of clothing, two baths a day, and your personal belongings must be returned to you upon release.
- Once you request for the presence of a lawyer, you have a right to consult the lawyer at the Police Station. The Police must accord you reasonable facilities and a reasonable time period for you to meet and consult the lawyer. The Police may, however, deny you this right, if the delay in questioning you may cause the occurrence of another crime or cause danger to others.
- You are allowed to take a bath two times a day. If you are sick, you have the right to receive immediate medical attention. You are to be given proper and adequate food and water during detention. The Police must record and put all your personal belongings in safe custody. Your personal belongings must be returned to you upon your release. You are allowed to have one set of clothing with you in the lock-up.
8. Police may only detain you for up to 24 hours for investigation. To extend your detention, you must be brought before a Magistrate for a remand order.
- he Police may only detain you for up to 24 hours for investigation. The duty of the Police is to complete investigations within 24 hours and to release you as soon as possible. If the Police cannot complete investigations within 24 hours, they must bring you before a Magistrate for a remand order to extend your detention beyond 24 hours (Remand Order).
9. When you are brought before a Magistrate for remand, you may ask for a shorter remand period by giving good reasons
- Ask for a shorter Remand Order from the Magistrate: Before the Magistrate makes the Remand Order, ask for a shorter period than what the Police asked. Give reasons (examples: "I will co-operate with the Police in their investigation", "I will be available and will not run away" etc).
- When you are brought before a Magistrate for remand, tell the Magistrate: • you want legal representation and you want to contact your lawyer, • if you want medical treatment because you are sick or have been beaten; • if the Police threatened or beat you during detention; • if you were denied proper and adequate food/water/clothing, access to the toilet or necessary medical attention during your detention; • whether you had been detained previously, immediately before your current detention; • whether the Police carried out any investigations during your detention.
10. Police can conduct a body search without arrest if you are found during a police raid and is believed to be hiding something like drugs
- What to do: • Do not allow the Police Officer to put his hands into your clothes or pockets. • If you are asked to take out your belongings one by one, each time, say "purse", "keys", "ID card" etc. • When your pockets/bags are empty, turn them inside out.
- If you are at a place (example: disco/karaoke/entertainment outlet) where the Police are conducting a raid to look for something there (example: drugs), the Police may detain and search you if they think you have or are hiding the thing being searched for. This may only be done in the presence of a Police Officer ranked Inspector and above.
11. A female can only be searched by a female police officer. Protest and lodge a police report if you are forced to strip naked or threatened with a strip search.
- All body searches must be carried out in a professional manner and with decency. • A female can only be body searched by a female Police Officer. • If you are forced to strip naked or threatened with a strip search: 1. Protest; 2. Remember the Police Officer's name; and 3. Lodge a police report after the incident.
12. If police conduct a body search after arresting you, it must be done in a professional manner and in private. You may request to be accompanied by your lawyer.
- All body searches must be carried out in a professional manner and with decency. The body search must be conducted in a confined place. It is your right to be bodily searched in private. It is advisable to request that you be accompanied by your lawyer for the search.
- The law allows the Police to conduct 4 types of body search:- pat down search, strip search, intimate search, and intrusive search. A female can only be body searched by a female Police Officer.
13. If you are questioned by the police during your arrest, you have the right to remain silent. Be polite when saying "I would like to exercise my right to silence".
- Identity of the Police Officer questioning you: Note the name/rank of the Police Officer questioning you.
- The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). You are only obliged to give your full name, age, address and occupation (Personal Particulars). Other than giving your Personal Particulars, you have the right to remain silent. Be polite. Do not be afraid to remain silent. This is your right. If you choose to remain silent, say: "I would like to exercise my right to silence".
14. Police cannot threaten or force you into making a statement. Lodge a police report if you have been threatened, beaten or forced.
- The Police Officer will ask you questions and then write down your answers. The Police cannot threaten or force you into making a Statement. If you have been threatened, beaten or forced, lodge a police report against the Police Officer at the first opportunity. This is your right.
15. Any statement you make during investigations cannot be used as evidence unless you are being charged for offences. You may use the statement to support your defence during trial.
- Generally, any Statement you make to the Police during investigations cannot be used as evidence except if you are being charged for offences under, for example, the Dangerous Drugs Act, the Kidnapping Act and the Internal Security Act. However, you may use the Statement to support your defence during your trial.
16. You are advised to call a nearby Legal Aid Centre (LAC) if you are arrested. These are their contact numbers:
- You may also call a nearby Legal Aid Centre (LAC). Inform them: • you have been arrested; • the time, place and reason of the arrest; • the Police Station you will be taken to.
- • Kuala Lumpur : 03-2691 3005 / 03-2693 2072 • Selangor : 03-5510 7007 / 03-3281 2428 • Negeri Sembilan : 06-6013 844 • Melaka : 06-2845 519 / 06-2864 514 • Johor : 07-2235 698 • Perak : 05-2550 523 • Kedah & Perlis : 04-7333 467 • Kelantan : 04-7448 660 • Pahang : 09-5159 244 / 09-2969 410 • Pulau Pinang : 04-2617 451/ 04-3108 451
- Legal Aid Centre’s objective is to enlighten the public and the impecunious in particular as to the legal aspects and to educate them about the various fundamental and legal rights and liberties that they are entitled to.
The Red Book, Created By A Group Of Lawyers Known As TANGKAP, Is A Pamphlet To Help Malaysians Know Their Basic Rights. Download The Full Pamphlet Here:
- CLICK ON LINK to download the Red Book in English or Malay.
- “The purpose of the Red Book is aimed at disseminating valuable information so that the public would know their basic rights when faced with the Police. An individual who is aware of his rights and is prepared to exert them will in all likelihood receive better treatment by a detaining authority than an individual who is ignorant and prepared to accept any form of treatment meted out,” said Nazri Aziz.
- “TANGKAP have initiated this effort of creating awareness and to provide an easy step by step guideline which would be most beneficial in ensuring that everyone has legal access and to ensure his/her rights are protected. It is not a code against the police, but more of informative codes to ensure personal freedom and dignity,” stressed Nazri.
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