Sunday 28 May 2017

DPM: Most who take up arms aren’t religious

The two Malay­sians killed in a clash between militants and Philippine security forces in Marawi, Mindanao, were not schooled in Islamic studies, said Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

Sunday, 28 May 2017

Bernama reported Dr Ahmad Zahid as saying that they had sought a shortcut to heaven by engaging in this so-called jihad.
“They did not have any Islamic education but wanted to be martyrs,” he said after the launch of a Quran learning and recital programme at Masjid Al Hidayah in Kampung Sungai Penchala yesterday.
Dr Ahmad Zahid said those who did not understand the Quran were more inclined to engage in terrorism because they often misinterpreted the scriptures in the holy book.
He said they also became obsessed with certain individuals who made use of religion and performed acts that deviated from the teachings of the Quran.
The two Malaysians were among 13 militants killed by soldiers who were hunting Isnilon Hapilon, a leader of Abu Sayyaf terrorists active in the southern Philippines, and the Maute group, which have ties with Islamic State (IS).
Dr Ahmad Zahid, who is also the Home Minister, said a study found that 87% of those engaged in terrorist activities did not have basic religious education.
At the launch, Dr Ahmad Zahid donated 320 copies of the Quran to the programme.
In Petaling Jaya, Deputy Minister in the Prime Minister’s Department Datuk Dr Asyraf Wajdi Dusuki said Ramadan was more than just fasting.
Dr Asyraf, who holds the portfolio in Islamic affairs, said in Arabic, fasting literally meant to refrain.
“This is not only from food and drinks but also from evil actions, thoughts and words.
“Muslims are to make peace with those who have wronged us, strengthen ties with family and friends and do away with bad habits to clean up our lives, thoughts and feelings,” he said.

http://www.thestar.com.my/news/nation/2017/05/28/dpm-most-who-take-up-arms-arent-religious/

Tuesday 23 May 2017

How the progressives lost PAS

Thinking Liberally

Tuesday, 23 May 2017
 
SINCE its formation, PAS has been the most obvious party for anyone with interest in political Islam. In the 1970s and 1980s, more progressive activists joined in. They played important roles to remove PAS’ nationalist fourth president Datuk Mohammad Asri Muda and also helped cement kepimpinan ulama (leadership of the ulama) into the party ideologically and structurally.
But throughout their involvement in PAS, the progressives never orga­nised themselves into a distinct group, preferring to work within the established party structure instead.
Thus, they worked with the conservatives in the party, and that was the period when slogans like Mengulamakkan profesional, memprofesionalkan ulama (turning the professionals into scholars, and professionalising the scholars) became popular.
This is different from the approach taken by the conservatives, who organised themselves in formal struc­­tures like the Dewan Ulama and Majlis Syura Ulama (Ulamas Consultative Council).
Gradually, the progressives found that they were given more space to shape PAS’ political strategy and public persona. The conservatives tolerated them and gave them space.
One early example of how the conservatives were willing to accommodate the new trend took place in 1999, when the party was dealing with the real possibility of a sea change in Malaysian politics following the ousting of Datuk Seri Anwar Ibrahim.
Around 20 members of PAS’ central committee travelled to the Islamic Foundation in Markfield, United Kingdom, to attend a meeting with renowned Islamic scholars Yusof Al-Qardhawi, Rached Ghan­nouchi, Khurshid Ahmad and Kamal El Helbawy. I was one of the junior organisers of that meeting.
The top two items on the agenda were the acceptability of working with the Chinese-majority DAP and whether it was acceptable for a woman – namely Datuk Seri Dr Wan Azizah Wan Ismail, Anwar’s wife – to become leader of the Opposition.
In that meeting, conservative fi­­gures like Datuk Seri Abdul Hadi Awang, Datuk Harun Taib, then central committee member Hashim Jasin and several others strongly opposed both ideas. But they relented after all the invited scholars explained that these were Islamically justifiable and necessary.
The most fascinating thing to observe in that two-day meeting was the interaction that occurred on the sidelines privately between the PAS leaders. The differences between the late Datuk Fadzil Muhammad Noor on one side, and Abdul Hadi and Harun Taib on the other, were stark.
Fadzil worked hard to make the new partnership happen, but Abdul Hadi persistently challenged Fadzil’s views by saying that the moves were not Islamic.
Nevertheless and to their credit, once a majority decision was made, everyone, including the conservatives, publicly supported the new political partnership. Such was their discipline in the party and we must credit the conservatives’ discipline, for otherwise there would not be any opposition coalition at that time.
The progressives pushed ahead with their agenda to make important changes in PAS. Throughout that time, firebrands like then deputy president Abdul Hadi and then Ulama wing chief, the late Harun Taib, gave way to the progressives, even appointing them as poster boys of the party to garner support from non-traditional supporters.
Two substantial changes proposed by the progressives were for PAS to open its membership to non-Muslims, and for PAS to reshape the party’s practise of leadership by ulama.
The conservatives rejected the proposal to accept non-Muslims as members but agreed to a watered-down version, leading to the formation of the Dewan Himpunan Penyo­kong PAS for non-Muslims but without giving them full membership rights.
The second idea, however, sparked a civil war in the party as it touched on a raw nerve among the conservatives. It was seen as a direct attack on their grip on power and on the party’s core identity.
The progressives continued their campaign, but they underestimated the amount of work the conservatives were also doing to counter them. That was their biggest mistake.
While the progressives were busy engaging with the wider public to convince them that PAS had changed, the conservatives focused on persuading the grassroots party members to resist the change.
The conservatives had an advantage because as religious scholars, they could give talks in village mosques, giving them unrivalled access to PAS members at all layers. In the end, when it comes to shaping a party’s identity, it is the members who count the most, rather than the public.
The conservatives’ impact started to show in PAS’ annual conferences in 2011 and 2013. The final confrontation was at the party conference on June 4-6, 2015, in Kuala Selangor.
The internal battle that had been going on for many years snowballed into a complete wipeout of the pro­gressives from PAS’ central leadership in 2015.
The progressives were clearly ill-prepared. They neglected to spread their ideas to the lower layers of the party and did not have a coherent internal campaign strategy. For years, they did not even institutionalise their presence beyond the central committee.
In other words, despite being in PAS for several decades, the progressives were utterly disorganised. They mistakenly thought their ability to change PAS superficially were substantive successes, whereas in reality they were just temporarily tolerated by the dominant conservatives.
The conservatives neither lied nor changed their views. They remained true to their beliefs.
It is the progressives who misread the situation. It is not at all a surprise that they were completely wiped out from PAS in 2015 and had to form Parti Amanah Negara as their new vehicle.
  • Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely the writer’s own.

Sunday 21 May 2017

‘Defend M’sia as secular nation’

Sunday, 21 May 2017

‘Defend M’sia as secular nation’


 
KUALA LUMPUR: All Malaysians must defend Malaysia as a secular country as inspired by the nation’s founding father Tunku Abdul Rahman Putra Alhaj, said a former Court of Appeal judge.
Datuk Seri Mohd Hishamudin Yunus (pic) said the proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (RUU355) was not suitable and would not be accepted by most Malaysians.
The argument that the RUU355 will not affect non-Muslims also cannot be accepted, he said.
Hishamudin said there were common cases such as orang asli wrongly registered as Muslims, non-Muslim children being converted to Islam by one parent and corpses seized by Islamic authorities claiming that the deceased was a Muslim despite having no concrete proof.
“Recently, traders in Kelantan including non-Muslims, were ordered to close shop during Maghrib prayers.
“In such cases, the argument that Syariah law does not affect non-Muslims cannot be accepted,” said Hishamudin who retired in 2015 after 24 years of service.
He said what has been agreed in the Malaysia Agreement 1963 and written in the Federal Constitution must be respected and followed by all.
“Freedom to practise religion was guaranteed during the negotiations to establish Malaysia. The issue of hudud never cropped up.
“If it did then, certainly the proposal would have been overruled by the people of North Borneo and Sarawak,” he said in his speech at a Sisters in Islam forum here yesterday.
He said the amendments to Kelantan’s Syariah Criminal Code II 1993 in 2015 went against Article 8 of the Federal Constitution which upholds equality before the law.
It also contradicts Article 74 which states that only Parliament has the power to make laws regarding criminal offences, he said.
For the law to be enforceable in Kelantan, the Syariah Courts (Criminal Jurisdiction) Act 1965 has to be amended, he added.
“In my opinion, the limit of three years in jail, RM5,000 fine and six lashes which are provided under Act 355 and passed in 1965 then amended in 1984, is adequate with the limited scope of Syariah offences and suitable with the secular nature of the Federal Constitution,” he said.
He said the RUU355 ignored the principle of proportional justice in criminal law.
“However, the new amendments proposed maximum of 30 years jail, RM100,000 fine and 100 lashes are very extreme and is almost the same with the criminal jurisdiction of the Sessions Court,” he added. The debate on RUU355 has been deferred to the next sitting of Parliament in July.

Saturday 20 May 2017

Zakir Naik granted Saudi citizenship

PETALING JAYA: Saudi Arabia has granted citizenship to controversial preacher Dr Zakir Naik, who has an Interpol Red Notice on him calling for his arrest.

Saturday, 20 May 2017 | MYT 12:07 PM

 
PETALING JAYA: Saudi Arabia has granted citizenship to controversial preacher Dr Zakir Naik (pic), who has an Interpol Red Notice on him calling for his arrest.
Dr Zakir is a wanted man in India for allegedly financing terror activities and money-laundering.
According to the Middle East Monitor, the 51-year-old preacher left India last year in an apparent bid to evade arrest.
This was after some of those involved in the Dhaka terror attack, which saw people hacked to death, claimed that they were inspired by him.
Indian enforcement officials have revoked Dr Zakir's passport and approached Interpol to issue a Red Notice, which requests member nations to locate and provisionally arrest an individual pending extradition.
The Middle East Monitor reported that Dr Zakir, who was in Saudi Arabia, would be forced to return to India if his passport was revoked.
The portal said the Mumbai passport office did not appear to have anticipated Saudi Arabia granting citizenship to him and moved to revoke his passport while a special court sent out an arrest warrant for him.
Dr Zakir was denied entry into Canada and the United Kingdom in 2012 after reportedly expressing support for terrorist group Al-Qaeda.
Peace TV, his television channel, has also been banned in Bangladesh, Canada and in the United Kingdom.
However, it recently came to light that he was given Permanent Resident (PR) status in Malaysia five years ago.
Dr Zakir's recent presence in Malaysia had ruffled the feathers of MIC Youth, which has lodged multiple police reports against him.

Monday 15 May 2017

Is the PM a public officer?

MANY were stupefied when a court handed out a ruling recently that a prime minister of the country is not a public officer. Is he a private officer then? This cannot be. What is he then?


This conundrum was posed in a case brought by the former prime minister (PM) and two others against the present PM: for acts committed in relation to a state investment fund which resulted in a loss to the tune of billions of ringgit. The action sought to make the PM accountable for these losses.
A public official can be held liable for abuse of public duty (called "misfeasance"). (See my Sun column of June 21, 2016.) You must prove that the public official committed an unlawful act or omission with intent to abuse his power – whether knowingly or recklessly; that he did not honestly believe that his act was lawful – regardless whether he benefited personally; and consequently there was a loss to an individual or loss of public property. This has been established by a long line of cases starting with the foundational UK 18th century case, Ashby v White, through to the Privy Council decision of Dunlop v Woollahra Municipal Council (1982) and our Federal Court in 2004 Ng Kim Moi v PTD Negri Sembilan (dissenting judgment).
The second ground was that the PM held his power in trust for the people as a fiduciary; and that he breached his duty as he did not act in the best interest of the people whose assets he was entrusted to manage.
The PM's lawyers applied to strike out the suit on the ground that it was plainly and obviously wrong. They succeeded and the High Court struck out the case. So, the issues raised in the suit will not be ventilated in a trial.
The High Court judge said that an essential ingredient of the misfeasance and breach of fiduciary duty action was to show that the PM was a "public officer". The judge concluded that he was not such an officer based on his interpretation of the provisions of the Federal Constitution and the Interpretation Act 1967. His reasoning was linear and straightforward, almost mathematical.
Under the Interpretation Act "public office" is defined as an office in any of the public services. A public officer means a person lawfully holding, acting in or exercising the functions of a public service. And "public service" was as stated in an article of the Constitution.
This article lists the public services, such as the armed forces, judicial and legal service and many more. It then sets out a category of persons who do not comprise the public service. "Members of the administration in the Federation and State" are thus excluded. Yet another article states that a "member of the administration" includes a "minister" (which under the Interpretation Act includes the prime minister).
Plain and simple? Perhaps.
Interestingly, the judge was at pains to point out, almost apologetically it seems, that many may find it "most surprising and quite unpalatable to swallow" his ruling that the PM and minister of finance is not a public officer. But, he explained, he had to decide the case "on the law applicable no matter how unpopular the judge might become because of the decision". This is perhaps as a judge should be – a servant of the law.
Whether the judge is right or not will be determined by the higher judiciary. The former PM is appealing this decision.
Two points to ponder though. First, the constitutional provisions cited on the definition of public service starts off with "For the purposes of this Constitution …". And it is quite clear that these provisions are to regulate the conduct of employees in these listed public services. So, for example, it is stated in the same article that every person who is a member of the services holds office at the pleasure of the Yang di-Pertuan Agong. There are also other provisions relating to the secondment of officers of the public service; and for the dismissal and reduction in rank of recalcitrant officers in the public service. All of these provisions certainly would not apply to ministers and a prime minister and judges. That's why they are excluded. The question for the appeal court could well be: given this limitation, whether it is apposite to refer to these provisions of the Constitution to define a public officer – as referenced by the Interpretation Act.
Second, the Court of Appeal in a 2014 judgment referred to two Indian Supreme Court cases which held ministers liable for misfeasance for abuse of power: LBCN Development Sdn Bhd v PTG, Selangor. Courts in other jurisdictions, such as New Zealand, have also held ministers possibly liable for breach of duty of care: Rowling v Takaro Properties. Can these cases apply to this case – which is based on the law of tort not constitutional law?
The larger question remains. If ministers and a PM are neither public nor private officers, what are they?
In dealing with an analogous argument that a body could be a public authority for some purposes but not for others, a former Supreme Court judge, Eusoffee Abdoolcader, (in a different context) described this as:

"(S)uch an extraordinary and schizophrenic state of affairs that it needs only to be stated to be rejected. It cannot but be repugnant to all accepted canons of construction and indeed to common sense to so construe a definition as to create as a consequence of its concept a sort of centaur — half man, half horse". (Merdeka University Berhad v Government of Malaysia) (1981).

Gurdial is a former law professor. Comments: letters@thesundaily.com

http://www.thesundaily.my/news/2017/05/15/pm-public-officer

See previous article:

http://youkiddingus.blogspot.my/2017/04/the-pm-is-not-public-officer.html

Saturday 13 May 2017

Diversity of religion should be celebrated: Zahid

Datuk Seri Dr Ahmad Zahid Hamidi (pix) said the diversity of religion, culture and race in Malaysia should be celebrated since it has become a catalyst for unity in this country.

PASIR PUTEH
The deputy prime minister said diversity was able to create a good political environment to build peace and prosperity, despite the disagreements which often occur within the community,
"Although we have different opinions, we can still live in harmony and this situation has to be translated into other forms," he said when launching the 'Expresi Negaraku' programme at SMK Sungai Petai here, today.
Also present together with more than 10,000 people were Minister of International Trade and Industry Datuk Seri Mustapa Mohamad and Deputy Minister of Communications and Multimedia Datuk Jailani Johari.
Ahmad Zahid said the togetherness that has been forged over the years has united Malaysians against various external elements who are trying to destroy the country.
A good example was the success achieved following the intrusion of Lahad Datu, Sabah by terrorists from a neighbouring country, all because of the spirit of unity within the community.
The home minister said the security forces, especially the Royal Malaysian Police (PDRM) is constantly monitoring and taking action against those who try to conduct terrorist activities in this country .
On another note, Ahmad Zahid said threats posed by drugs should be taken seriously by the community in an effort to build a bright future for the young generation.
As such, the rehabilitation process involving the use of religion by the National Anti-Drug Agency (AADK), was an additional approach to the existing drug rehabilitation programmes. — Bernama
http://www.thesundaily.my/news/2017/05/13/diversity-religion-should-be-celebrated-zahid

Friday 12 May 2017

Umno not racist or extremist: Najib

KUALA LUMPUR: 
He said this was proven by the party's willingness to work with other non-Malay component parties in Barisan Nasional (BN).
"We are not arrogant as we are willing to cooperate and share power with our friends in BN," said Najib, who is also Umno president.
"Our struggle is not for Umno members alone but we are fighting for all Malaysians, regardless of race and religion," he said when addressing more than 100,000 Umno supporters at the party's 71st anniversary celebration at Bukit Jalil National Stadium yesterday.
The two-day event will also feature various fun and carnival-like programmes.
Upon his arrival at the venue, Najib went around the venue accompanied by other top party leaders to greet the crowd.
Also present were Umno vice-presidents Datuk Seri Ahmad Zahid Hamidi and Datuk Seri Hishammuddin Hussein, Umno wing leaders, top party leadership members and dignitaries from BN component parties.
Najib said the strong presence of supporters was an indication that Umno is the strongest political party in Malaysia.
Having captured the full attention of the crowd, he asked: "Are we strong enough? Are we prepared? Can we dissolve Parliament tomorrow?", to which he received a thunderous positive response.
"This is our spirit. This is the extraordinary spirit of Umno. Who says Umno is not strong?"
"Who was it that said we had lost our strength? Just look when we won Sarawak, Sungai Besar and Kuala Kangsar. God willing, we will win the 14th general election."
Najib also gave four reasons Umno remained in power for so long and become the most successful party in the democratic world. He said it was because Umno:
>> never left its basic struggle that was centred on Islam, Malays and Malaysia as a whole;
>> centred its struggle for the rakyat's well-being for all Malaysians, regardless of their background;
>> was always relevant as its struggle can be applied throughout the years since the Malayan Union era until today; and
>> has a clear vision and mission, unlike the opposition parties which are not aligned.
Najib said it was unfortunate that there were certain former party leaders, including a statesman, who had decided to betray Umno and tried to bring down the current leadership.
He added the statesman was even willing to be with the enemy in order to achieve his personal agenda.
"We will never forget who it was who taught us that DAP is a racist party ... who was it who for many years led us to plant the seed of hatred towards DAP as a chauvinist and racist party which hated Malays and Islam," he said.
Najib stressed that he was not alone in leading the party as he was surrounded by Umno leaders loyal to him.
http://www.thesundaily.my/news/2017/05/12/umno-not-racist-or-extremist-najib