Showing posts with label Shariah Law. Show all posts
Showing posts with label Shariah Law. Show all posts

Wednesday, October 8, 2014

We spare no one, says top cop Khalid (But "Cops caught in-between two legal systems, Khalid says")

Posted on Wednesday, October 8, 2014 11:21 PM by

Thursday, September 4, 2014

Rayuan kerani wanita untuk buang status Islam pada kad pengenalan ditolak - The Malaysian Insider

Posted on Thursday, September 4, 2014 2:48 AM by

Saturday, July 26, 2014

Friday, July 25, 2014

High court allows bid to block Syariah court

Posted on Friday, July 25, 2014 10:06 PM by
A link shared at J.I.M Facebook Page on July 25, 2014 at 09:46PM via IFTTT:

http://www.freemalaysiatoday.com/category/nation/2014/07/25/high-court-allows-bid-to-block-syariah-court/

IPOH: The Ipoh High Court has granted leave to kindergarten teacher M Indira Gandhi for an order of mandamus to compel the Inspector-General of Police Khalid Abu Bakar to execute a warrant of arrest against ex-husband Muhammad Ridzuan Abdullah.

High Court Judge Lee Swee Seng also issued an order of prohibition to restrain or prohibit the execution of the Syariah Court order.

“We intend to execute the order quickly,” said Indira Gandhi’s lawyer M Kulasegaran in a statement.

Indira Gandhi had applied for leave of the High Court to get a judicial remedy to compel IGP Khalid to execute the warrant of arrest on her ex-husband Muhammad Ridzuan Abdullah, previously known as Pathmanathan.

Judge Lee ordered the police and the education department to search and return the divorced couple’s youngest daughter Prasana Diksa to Indra Gandhi.

Indira Gandhi filed the application after Khalid declined to execute the arrest order.

In April 2009, Ridzuan took away Prasana, then 11 months old, and converted her and two siblings, Tevi Darsiny, 12, and Karan Dinish, 11, to Islam without Indira Gandhi’s knowledge.

She won custody of her three children by a High Court order in 2010.

Kulasegaran hailed Lee’s decision today as a landmark decision with far reaching consequences.

“To the best of our knowledge it is the first of its kind against an IGP in any country in the world,” he said.

“We congratulate and praise the correct and bold decision delivered by Judge Lee,” said Kulasegaran, also the DAP national vice-chairman and Ipoh Barat MP.

The full hearing is fixed for Sept 12.





Kassim Ahmad wins bid to quash Shariah prosecution

Posted on Friday, July 25, 2014 10:48 AM by
A link shared at J.I.M Facebook Page on July 25, 2014 at 10:31AM via IFTTT:



http://www.themalaymailonline.com/malaysia/article/kassim-ahmad-wins-bid-to-quash-shariah-prosecution



I believe he is a courageous man who dare to speaks the truth. We should be proud to have a man such as Kassim Ahmad.


Monday, July 14, 2014

Not NRD’s place to query religious status change, lawyers say

Posted on Monday, July 14, 2014 2:19 PM by
http://www.themalaymailonline.com/malaysia/article/not-nrds-place-to-query-religious-status-change-lawyers-say

KUALA LUMPUR, July 14 — Lawyers are disputing the National Registration Department’s (NRD) requirement of a Shariah court order before it will remove the status “Islam” from the records of Malaysians, contending that the rule was arbitrary and unconstitutional.

Although acknowledging a Federal Court decision that says the NRD has the right to impose the requirement, the lawyers stressed that bureaucracy should not prevent anyone from exercising their constitutional right to religious freedom.

Syarie lawyer Ab Kadir Ismail questioned the NRD’s refusal to amend a Muslim’s record without an order from the Islamic courts, saying that the government agency was acting ultra vires or beyond its authority.

“It’s already [violating] the law because that’s not their function. Their function is just to record the details of Malaysian citizens. Who gave them the power to reject?” he told the Malay Mail Online in a recent interview.

Andrew Khoo, co-chair of the Bar Council’s Human Rights Committee, and civil liberties lawyer Syahredzan Johan similarly disagreed with the need for the NRD to compel Muslims to seek a Shariah order before making the amendment.

Among others, they said the stipulation infringes on an individual’s constitutional right to profess the faith of their choosing.

But despite saying that “nothing” in the current regulations requires “a person to furnish a Shariah court order in order to change” their religion as stated in their identity card, Syahredzan noted this was the de facto rule.

“However, it has become a practice which has been affirmed by the Federal Court and this is where we stand,” he told the Malay Mail Online recently.

In stating the current position of the Federal Court, Syahredzan cited the 2007 ruling in the Lina Joy case, where the Malay applicant Azlina Jailani had challenged the NRD’s refusal to change her Muslim status in her identity card (IC) without her first getting a Shariah court order.

“The Federal Court, in a majority decision, held that although there is no legal requirement to obtain a Shariah court order, the NRD still had the right to insist on the Shariah court order before removing Islam from her [identity card],” he said.

The Federal Court reasoned that Azlina — who is believed to have since left Malaysia — was still a Muslim and consequently bound by Islamic rules including procedures to leave the religion, Syahredzan explained.

But the lawyer said the legality of the NRD’s requirement was open to contest, noting the difficulty in securing such an order from the Shariah courts.

“Administrative requirements should not get in the way of a person’s freedom to profess his religion, which should include the right to embrace another religion,” Syahredzan said.

Khoo also conceded that the government department would be acting legally within its powers based on the existing regulations and case law, saying that the Lina Joy ruling “upheld the right of the NRD” to require applicants to go to the Shariah court.

He added, however, the NRD requirement was open to challenge on the grounds that it is a “breach” of the constitutional right to religious freedom.

“If freedom of religion is subject to the decision and control of a third party, then that is not freedom of religion,” Khoo said.

Still, Khoo noted that the uncertainty and the complexity of such a challenge to test the constitutionality of the NRD’s requirement would lead most to simply yield and comply by seeking a Shariah order.

Last month, the NRD was quoted as telling news agency Astro Awani that it “is not an agency that determines whether an individual has renounced Islam”, saying that only the Shariah courts can decide the religious status of an individual who claims to be non-Muslim but is registered as a Muslim in the NRD’s records.

In a recent interview with the Malay Mail Online, the Department of Shariah Judiciary Malaysia (JKSM) said, however, that only the Shariah courts have jurisdiction to decide the religious status of those officially known as Muslims, saying that the latter was not bound by any civil court orders or certification from state Islamic religious departments.

In 2011, Islamic Affairs Minister Datuk Seri Jamil Khir Baharom said only 135 out of 686 applicants in the Shariah courts during the 2000-2010 period had obtained a declaration that they are no longer Muslims.




























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Hudud - punishment or goals? - The Star Online

Posted on Monday, July 14, 2014 2:19 PM by
http://www.thestar.com.my/News/Nation/2014/07/14/Hudud-punishment-or-goals/

If Kelantan and Brunei were to focus first on promoting the goals of hudud rather than the punishments, all citizens – Muslims and non-Muslims – might rally around such an agenda.

RETIRED Chief Justice of Malaysia Tun Abdul Hamid Mohamad made the point that the goal of criminal law is not to punish but to prevent prohibited acts, establish public order and administer justice.

Punish­ment is merely a tool used to achieve that goal.

“A tool is not a goal,” he added.

So, too, is the case in Islamic law. The hudud punishments are not ends in themselves, but a tool to achieve goals.

What are the goals of the hudud, and how did jurists identify them?

The goal of the hadd punishment for terrorism and killing innocent civilians is to protect life.

The goal of the hadd punishment for theft is to protect property.

The goal of the hadd punishment for adultery is to protect family and clarity of lineage.

The goal of the hadd punishment for slander is to protect dignity.

The goal of the hadd punishment for apostasy is to protect religion.

And the goal of the hadd punishment for consuming alcohol is to protect intellect. (There are strong reasons to question the authenticity of the hudud punishments for apostasy and consumption of alcohol, which were imputed from the hudud punishments for treason and slander respectively, but I will examine these particular problems with the juristic construct in a separate piece.)

As the most serious punishments, the hudud indicate that these goals are of the utmost importance, both to God and to humankind.

Islamic jurists identified these six goals of the hudud as the objectives of God’s law (maqasid al-Shari`a).

They recognised that all of God’s commandments (shar`) could be classified as protecting one of these six categories: life, dignity, property, family, religion or intellect.

The objectives of God’s laws are not specific to Islam. Because the Quran states that God sent a messenger to every community to provide guidance on right and wrong (10:47), Islamic jurists regard the objectives of God’s law as universal human rights needed and desired by all people.

Regardless of religion, culture, or nationality, all people tend to want a long and healthy life; a sense of dignity and honour; property and wealth; love, intimacy, and a family life; the freedom to practise their beliefs; and the ability to engage in whatever intellectual or other pursuits that bring them joy and happiness.

The six objectives of God’s law are also God’s objectives for all humanity, which the law seeks to protect and to further.

The goals of the hudud therefore define the “common good” (al-ma`ruf).

The Quran defines the best society (khayra ummah) as one that commands the common good and forbids the common wrong, and believes in God (“ta’muruna bil-ma`ruf wa tanhawna `an il-munkar wa tu’minuna billah,” 3:110).

For this reason, many Muslim scholars assert that the best society is one that promotes the objectives of God’s law, helping its citizens thrive in body, mind, and spirit.

“God’s law seeks to protect and promote these objectives,” points out International Institute of Advanced Islamic Studies CEO Prof Mohammad Hashim Kamali, “and it validates a variety of measures to that end”.

Excellent healthcare, free schooling and scholarships for higher learning, education on moral behaviour and ethical decision-making, financial assistance for the poor, and loans for new small businesses would all be measures that would command the common good.

By the same token, hudud defines forbidden actions not just by Islamic law but in practically all societies.

Murder, terrorism, theft and slander are universally considered crimes; religious oppression, adultery and reckless behaviour induced by alcohol are reprehensible, if not also crimes.

The nature and degree of punishment may vary but all societies tend to agree that these offences constitute the common wrong.

Implementing hudud punishments alone, or as mandatory, will not in itself make Kelantan more just, or “more Islamic”.

In Nigeria, Pakistan, and Sudan, implementing mandatory hudud punishments has not created “more Islamic” societies.

According to Tun Hamid’s research, “They have not achieved the desired objectives of a better society, peace, tranquillity, and an improved level of justice.”

Prof Kamali points out that simply implementing hudud punishments as an isolated aspect of Islam, and not as part of a holistic approach that encompasses the broader Quranic vision of justice, does not necessarily create an Islamic state.

An Islamic state would command the good, not just forbid the wrong, and would fully implement the Quranic and Prophetic directives on mercy, repentance, and reformation. Caliph Umar ibn al-Khattab’s ruling to suspend the hadd punishment for theft during famine reflects this crucial balance, and led to the legal principle that “necessity allows the prohibited” (al-darurah tubih ul-mahzurat).

Based on this precedent and legal principle, many Muslim scholars, including Yusuf Qaradawi, Muham­mad al-Ghazali and Saleem al-`Awwa, argue that an Islamic state must first help its citizens meet their hudud-based rights at the two highest levels of need determined by Muslim jurists (daruriyyat and hajiyyat) before applying the hudud penalties.

We are, after all, told to command the common good and forbid the wrong – not the other way around.

By commanding the good first, there will be less inclination to resort to wrong, more opportunities for repentance and reformation, and less need for maximum punishments.

If Kelantan and Brunei were to focus first on promoting the goals of the hudud rather than the punishments, all citizens – Muslims and non-Muslims – might rally around such an agenda.

Which Kelantan would be more Islamic: a Kelantan where more crimes are committed and hudud punishments are imposed, or a Kelantan where fewer crimes are committed and hudud punishments are not imposed?

> Editor’s note: This article is the third in a special series for Ramadan, a month when Muslims are urged to deepen their understanding of their faith by reading and studying the Quran. In this spirit, this series is intended to help the reader fathom what hudud is and help reduce division between faith communities on this issue. The views expressed here are the writer’s own. Imam Feisal would welcome any questions readers may have. Please write to imamfeisal@thestar.com.my.

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Sunday, July 6, 2014

Inter-faith custody battles give Islam a bad name, says Shariah lawyer

Posted on Sunday, July 6, 2014 3:30 AM by J.I.M Editor (No comments)
http://www.themalaysianinsider.com/malaysia/article/inter-faith-custody-battles-give-islam-a-bad-name-says-shariah-lawyer

inter-faith custody battles are giving Islam a bad name as under Islamic family law, mothers are given priority to have custody of children below the age of nine, said a Shariah lawyer.

"The mother, irrespective whether she is a Muslim or non-Muslim, is well equiped to bond with her infant child unless the father could prove otherwise," said the woman lawyer who spoke on condition of anonymity.

The lawyer, who handles matrimonial matters in the Shariah courts, said the plight of S.Deepa and M.Indira Gandhi, and the conduct of their ex-husbands who have converted to Islam, have put the religion in a negative light.

"Islam is a religion based on justice and compasssion and the trouble both women from a minority community are going through is a real cause for concern," she said in responding to the on-going court battles over the custody of their children.

She said as a woman and mother, she felt the agony and anguish Deepa and Indira are going through.

Three months ago, the High Court in Seremban granted Deepa custody of Sharmila and Mithran, both of whom had been converted to Islam by her former husband, Izwan, who was previously known as N. Viran, without her knowledge.

Judge Datuk Zabariah Mohd Yusof said the High Court had jurisdiction to dissolve the couple's union and provide other reliefs like custody of children because the marriage was registered under civil law.

However, Izwan then abducted Mithran from Deepa's home in Jelebu two days after the court verdict, saying it was for the child's "protection".

Deepa then obtained a recovery order from the High Court on May 21 to get police to search for Izwan and Mithran.

Meanwhile, in Indira's case, her ex-husband, Muhammad Ridzuan Abdullah is also yet to hand over their youngest daughter to her despite a 2010 Ipoh High Court order awarding her custody of their three children, whom Ridzuan had converted to Islam.

Ridzuan has held on to Prasana Diksa since April 2009 when she was 11 months old, while their two older children returned to Indira.

Last July, the Ipoh High Court, in a landmark ruling by judge Lee Swee Seng, quashed the certificates of conversion of the three children and ruled that the conversions were null and void because they were unconstitutional.

Last month, the court also granted Indira a recovery order to compel police to locate Ridzuan and hand over Prasana Diksa to the mother.

Indira went one step further to have Ridzuan jailed if he contiuned to hold on to Prasana.

However, in both cases police refused to act on the civil court orders on the grounds that Shariah courts had also issued custody orders to the ex-husbands, and such orders had equal standing as that of the civil courts.

Last week, Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Khalid Abu Bakar went to court to be interveners and stay the recovery orders.

Meanwhile, Sally Wangsawijaya of the Women's Aid Organisation (WAO) that is assisting Deepa (pic) in her legal battle against Izwan, said her client had gone into hiding, fearing she might now also lose her daughter.

"The mother is too distraught after the incident when the son was taken away and she is suspicious of strangers lurking around her home," said Wangsawijaya, a social worker with WAO.

She said Deepa's personality has changed for the worse following events after the abduction.

"She was a cheerful person but now keeps to herself. The tussle for the children has had a devastating effect on her," she told The Malaysian Insider, adding that Deepa had even changed her mobile telephone number.

Meanwhile Indira, a kindergarten teacher said words could not describe how frustrated she felt when Ridzuan's lawyer only produced Prasana's photograph last month when she was finally expecting to be reunited with the daughter.

"We were separated from Prasana when she was still being breastfed and I did not even have a chance to hear her baby talk after that," she told The Malaysian Insider.

Ridzuan's lawyer Anas Fauzi had said his client was not in the right frame of mind to comply with a court order to return the child. Both father and daughter are said to be in Kota Baru, Kelantan.

Indira said although she had her differences with Ridzuan, it was not right for him to use their children as pawns.

Even now, should Prasana be in my custody, I will surely allow him access to all three children," she said in a voice choked with emotion.

Indira also said that her two older children are doing well in their studies.

"Both obtained 7As in the Ujian Penilaian Sekolah Rendah. But I do not know the progress of Prasana who is six now," she said.

Indira also did not mince her words for the failure of the police to act on a court order.

"If they can track down terrorists, don't tell me they cannot find Prasana," she said.

Women's Centre for Change executive director Loh Cheng Kooi questioned whether Gani and Khalid were delaying the mothers from getting justice by going to court.

"They (the mothers) had gone through the legal process to get back their children but there is no result for their hard work," she said.

Loh said it would have been better for police to execute the recovery order and allow appellate court to decide on the final outcome.

"It is really painful to see the mothers given the runaround when they want to be united with their infant children," she said.

Loh added that the separation would have lasting effects on the children if the custody disputes dragged on. – July 5, 2014.

Friday, June 27, 2014

Wednesday, June 4, 2014

Updates of MyKad Muslim Bride, Zarinah Abdul Majid and JAIS Issue

Posted on Wednesday, June 4, 2014 3:08 PM by J.I.M Editor (No comments)
Action will be taken against Jais over ‘raid’ on Hindu wedding, says Khalid (4 June 2014)

http://www.therakyatpost.com/news/2014/06/04/action-will-taken-jais-raid-hindu-wedding-says-khalid/

 Deputy minister says DAP MP’s call can affect racial, religious harmony – Bernama (12 June 2014)
http://www.themalaysianinsider.com/malaysia/article/deputy-minister-says-dap-mps-call-can-affect-racial-religious-harmony-berna

 Kes Zarena:Keperluan JPN tidak bercanggah dengan Perlembagaan – Wan Anwar Wan Ibrahim (11 June 2014)
http://www.themalaysianinsider.com/rencana/article/kes-zarenakeperluan-jpn-tidak-bercanggah-dengan-perlembagaan-wan-anwar-wan

 Anwar tegur jabatan agama, angkuh, tidak hormat sensitiviti bukan Islam (10 June 2014)
http://www.themalaysianinsider.com/bahasa/article/anwar-tegur-jabatan-agama-angkuh-tidak-hormat-sensitiviti-bukan-islam

Remedy exists for custody battles involving Muslim converts, says chief justice (10 June 2014)
http://www.themalaysianinsider.com/malaysia/article/remedy-exists-for-custody-battles-involving-muslim-converts-says-chief-just


























Police prepared to be stationed at Jakim as syariah police, says Zahid – Bernama (9 June 2014)
http://www.themalaysianinsider.com/malaysia/article/police-prepared-to-be-stationed-at-jakim-as-syariah-police-says-zahid-berna

Muslim dad irrelevant in daughter’s bid to prove Hindu faith, say shariah lawyers (9 June 2014)
http://www.themalaysianinsider.com/malaysia/article/muslim-dad-irrelevant-in-daughters-bid-to-prove-hindu-faith-say-shariah-law

Putrajaya investigating Jais raid on Hindu wedding ceremony, says minister – Bernama (8 June 2014)
http://www.themalaysianinsider.com/malaysia/article/putrajaya-investigating-jais-raid-on-hindu-wedding-ceremony-says-minister-b

Zarinah’s dad won’t allow children to renounce Islam, says paper (7 June 2014)
http://www.themalaysianinsider.com/malaysia/article/zarinahs-dad-wont-allow-children-to-renounce-islam-says-paper

Jais says officers who disrupted Hindu wedding may face disciplinary charges (5 June 2014)
http://www.themalaysianinsider.com/malaysia/article/jais-says-officers-who-disrupted-hindu-wedding-may-face-disciplinary-charge

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 Dr Mahathir rebukes Jais for disrupting Hindu wedding (4 June 2014)
http://www.themalaysianinsider.com/malaysia/article/dr-mahathir-rebukes-jais-for-disrupting-hindu-wedding


Tun Dr Mahathir Mohamad today rebuked the Selangor Islamic authorities for intruding upon a Hindu wedding ceremony at a temple during the weekend, saying the action went against the teachings of the Quran.

The former prime minister said the Selangor Islamic Affairs Department (Jais) should study the Quran and find out how to handle the situation.

"This type of incidents originates from not adhering to the teachings of the Quran," Dr Mahathir told a press conference at the International Islamic University Malaysia in Gombak.

"The Quran gives us full guidance on how to lead our lives. That is why Islam is described as a way of life."

He even says in another post, "I have been accused of being anti-Hadith, and I have also been called a kafir (infidel). Apparently, all Umno people are infidels,"










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Muslim woman who married a Hindu refuses to back down (4 June 2014)
http://www.themalaysianinsider.com/malaysia/article/muslim-woman-who-married-a-hindu-refuses-to-back-down

For the last seven years, Zarinah Abdul Majid had been making frequent trips to the Shariah Court and the National Registration Department (NRD) hoping to remove the word "Islam" from her identity card, as she is not a practising Muslim.

She said she spent thousands of ringgit hiring lawyers to help but it was all in vain.

Zarinah (pic) then took a bold step – she decided she was going to marry the man of her dreams, a Hindu – and that too, in a temple on Sunday.

"I was not afraid any more. I was fed up and could not wait any longer. I am getting old and I want a family of my own," she told The Malaysian Insider, speaking in Tamil.

On Sunday, the 32-year-old factory worker had the "thali" tied around the neck by her boyfriend of seven years, in a traditional Hindu wedding ceremony in a temple in Petaling Jaya.

She had invited 400 guests and spent more than RM30,000 on the ceremony and the reception that followed.

But the reception did not go as planned as enforcement officers from the Selangor Islamic Religious Department (Jais), accompanied by policemen, took her away to question her about her religious status.

"Most of my guests were shocked and obviously, they left without eating. It was so embarrassing and painful," she told The Malaysian Insider.

The Malaysian Hindu Sangam, Bar Council, Hindu Rights Action Force (Hindraf) and civil society condemned Jais and the police for "trespassing" into the temple and disrupting the ceremony.

Zarinah was released later but she told The Malaysian Insider that she was not backing down.

"Although I carry a Muslim name, I am a practising Hindu. I also follow the customs and culture strictly," she said in a telephone interview.

Zarinah said her parents who were Hindus were married in 1980. The father was known as S. Mahendran and mother, S. Vasandamma.

"Later, my father was converted to Islam by a relative and he carried the Muslim name, Abdul Majid," she said.

Zarinah said her mother remained a Hindu.

She said as a result, she and three other siblings were identified as Muslims in their birth certificates and MyKad.

Zarinah said after the birth of her brother in 1990, their father left the home and never returned.

"My mother did not realise that we were Muslims because she is illiterate. But the family only practised the Hindu faith," said Zarinah, who lived with her family in Sungai Way.

Zarinah said over the last 20 years, the family members had seen many lawyers to find a solution to their problem but it turned out to be an exercise in futility.

"We would have spent about RM20,000 in legal fees alone but nothing has changed. On paper, we are still Muslims," she said, sounding disappointed.

Zarinah said she met her husband seven years ago and made another attempt to get out of this quagmire.

From the little knowledge she gained from the lawyers she had met and advice from friends, Zarinah went to the Shariah Court to get an order to renounce the faith.

"I was told that the court has to issue a certificate for NRD to delete the word Islam in the identity card," she said.

"All I can say was that I was given the run around by the officials and it was frustrating at times.”

Zarinah said she could not register her marriage under civil law for as long the word "Muslim" appeared in the MyKad.

She finally decided to go through the traditional wedding as "age was catching up and I want have a family".

"My husband managed to tie the 'thali' to signify that we are married," said Zarinah who was dressed in a saree before she was taken away by Jais officials to Shah Alam for questioning.

She was freed about 2pm after her statement was recorded.

Zarinah said her guests were shocked.

"Even my Muslims friends privately confided that what happened in the temple was uncalled for as Jais officials could have called me in for questioning later.”

Zarinah said she knew the culprit who tipped off the authorities about the marriage ceremony but added it could be a blessing in disguise.

"All this while, I was fighting a losing battle to exert my rights which many people did not know. I hope justice will now be done since my problem has now gone public."

I spent so much money and time working on this problem and now they are telling me to do the same thing.

Meanwhile, Jais had denied raiding or disrupting Zarinah's wedding ceremony.

Deputy director-general of Jais Ahmad Zaki Arshad said they were only investigating complaints from the public and took a statement from the bride to ascertain her religious status.

He said the department had followed proper procedures.

"This was not a raid or an operation. We only conducted routine checks and asked the IC holder whether she is a Muslim," he told The Malaysian Insider.

Zarinah said Jais told her to change her name and religion to avoid being dragged to court for apostasy.

"But that was what I was trying to do for years. I spent so much money and time working on this problem and now they are telling me to do the same thing."

Zarinah said there was a possibility that she could be charged with insulting Islam if the problem was not solved quickly. – June 4, 2014.



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