'Outrage of modesty, doctored photo' reports lodged
Lee Way Loon | Apr 7, 09 10:31a

PKR and Umno representatives lodged separate reports yesterday at the Simpang police station in Perak, as campaigning wound down in a blaze of controversy for the Bukit Gantang by-election.

BN candidate Ismail Saffian alleged that a doctored photo of him with bar-girls was being distributed, while a PKR canvasser claimed that her modesty had been outraged.

Both reports were lodged about the same time. There were tense moments as supporters of the rival camps gathered in front of the police station, but there were no incidents.

The PKR canvasser, 20, said in her report that individuals believed to be workers for a rival party, had illegally confined her and outraged her modesty.

Her lawyer Nik Bahrum Nik Abdullah claimed the incident happened near an Umno operations centre in Simpang, at about 3pm, while the canvasser was distributing flyers promoting PAS candidate Mohd Nizar Jamaluddin (photo, in white shirt).

In her report, the canvasser said that the assailants confiscated the flyers and then took her to the Umno operations centre, where she was assaulted and her pants were stripped off.

Nik Bahrum said her ordeal lasted about five minutes before several PKR members intervened. He added that the police have recorded statements from five individuals.

‘Photo doctored’

Soon after the canvasser lodged her police report, Ismail showed up to lodge a report over a poison-pen letter accusing him of being in the company of two women, believed to be Thai bar-girls.

Ismail (left) said the flyers contained a forged letter to newly-appointed Prime Minister Najib Abdul Razak, seeking forgiveness for involvement with the women.

He also claimed that flyers had a doctored photo of him with the women.

“(Slander) is not part of the Malaysian culture. It destroys reputations and families,” he told reporters at the police station.

Ismail also accused PAS of resorting to underhanded tactics to discredit him.

PM: We need world-class, fact-based reporting
6 Apr 09 : 11.07PM

KUALA LUMPUR, 6 April 2009: Prime Minister Datuk Seri Najib Razak today stressed on the need of world-class and fact-based reporting in Malaysia and the media must be fair and responsible in their reporting.

"This is crucial if we are to foster a constructive debate about our nation's future. I believe we can move beyond those who offer the journalism a conspiracy theory and rumour," he said at the Malaysia Press Institute-Petronas Journalist Awards Night 2008, here.

Najib said responsible reporting does not mean taking side of the government but instead responsible reporting means looking more sceptically and critically at some of the claims from all sides and rumours which make up 'too great part of our political discourse'.

"This is not just true in Malaysia, but such distortions also exist even in the most advanced nations in the world," he said.

Najib said the power of the media, particularly the print and broadcast media, is not only in reporting the news but also in lending credibility to stories and rumours that percolate up from the grassroots and the internet.

"The media best serves the public interest when it goes beyond the superficial; when it asked the tough questions of the rumour-mongers; when it does not lend credence to false innuendo, and instead report on facts and details — whether that is helpful to the government or not," he said.

Najib also said personal attacks have undermined public confidence in the political process and "done nothing to bring us closer to achieving the goals we have for this country".

"I have endured my fair share of these from some quarters of the media. I will always stand up and be accountable for the decision I made as your Prime Minister.

"But I also know that the personal slurs and false accusations levelled against national leaders are deeply damaging to our nation's political discourse and international reputation," he said.

He said countering such personal attacks is not the sole responsibility of any one party or any one person but it is the responsibility of every responsible individual.

"So, today, I call on all parties, all political leaders and all people who want to engage in a new national conversation about the future of our nation — including the media — to do so in a way that respect opinions of others, that values discussions and discourse and that recognises that opponents need not be enemies, that differences of opinion do not come from malicious motives, but from a deep and abiding concern for the future of Malaysia," he said.

Najib also said a new national discourse on the principles of transparency and accountability, service to all and respect and fairness in the public dialogue with the interest of every Malaysians at heart, must be established.

"A vibrant political and public dialogue is the best way forward for our country; the times demand it and the people expect it. Let us not fail them," he added. — Bernama

No plan to censor MPs' remarks in parliament
6 Apr 09 : 6.14PM

KUALA LUMPUR, 6 April 2009: The Radio Television Malaysia (RTM) has no plan to censor words uttered by members of Parliament during the live telecast of the Dewan Rakyat debate sessions, Information Minister Datuk Ahmad Shabery Cheek said today.

As such, he said, RTM had no plan to air delayed telecast of the debate sessions to allow editing to be made.

"The original objective for the live telecast is to enable the people to see for themselves the conduct and performance of elected representatives in the Dewan Rakyat," he said when winding up the debate on the motion of thanks on the address of the Yang di-Pertuan Agong in the Dewan Negara today.

He said that if the speeches were edited, then it would defeat the purpose of telecasting the sessions live.

Several members had proposed that RTM carry only delayed telecast of the sessions so that censorship could be made on inappropriate words uttered by the MPs.

"If we do editing, then the people will be wondering why we edited out certain things. This will cause suspicions," he said.

On another issue, Ahmad Shabery said, it was RTM's policy not to report on domestic problems involving celebrities or politicians.

On the other hand, he said, RTM had a special programme called Sehati Sejiwa (soul mate) which tells the stories of successful marriage involving celebrities.

To a question by Senator Datuk Dr Firdaus Abdullah whether the ministry would take over the role of monitoring and licensing of private broadcasting stations, which is now under the Energy, Water and Communications Ministry, Ahmad Shabery said he had no power to do so.

"It is up to the prime minister to carry out a restructuring if he thinks it is necessary. At the moment there are five ministries which deal with media monitoring," he said. — Bernama

Cops arrest ‘disgusting’ dad following girl’s report
Friday April 3, 2009

DISGUSTED with her father’s “dirty” habit, a daughter told police about his pornographic DVD collection.

A police team raided their house in Kuantan and found 85 DVDs hidden behind the back seat in the man’s car.

According to Harian Metro, the 15-year-old schoolgirl lodged the report at around 3pm on Wednesday after she found the cache of DVDs in her father’s car. The girl said she was “disgusted” with her father’s habit.

It is understood that the father, a security guard in his 40s, would watch the DVDs when the girl’s mother was not at home.

The man could not explain to the police why there were so many DVDs in his car. Police are investigating if the man is part of a syndicate distributing pornographic DVDs.

/> Harian Metro reported the attempted abduction of a 10-year-old girl by three people driving a white van much like the one used in the kidnap and murder of Nurin Jazlin Jazimin two years ago.

In the 1pm incident on Wednesday, Nurul Nazeha Mohd Zahir was cycling to school when she was grabbed and pushed into the van.

She was “lucky” because the assailants were apparently not interested in her and “dumped” her in a 1m-deep drain near the Subang toll plaza at around 11pm. Passers-by later sent the girl to a nearby police station.

Nurul Nazeha, from Kampung Melayu Subang, said the assailants wore black masks and warned her to keep quiet.

/> Other News & Views is compiled from the vernacular newspapers (Bahasa Malaysia, Chinese and Tamil dailies). As such, stories are grouped according to the respective language/medium. Where a paragraph begins with a sub-heading, it denotes a separate news item.

Oral, anal sex: Controversial acts, but should they be illegal?
Gabrielle Chong | Mar 4, 09 1:27pm

News that the police are contemplating
MCPX
charging Chua Soi Lek for oral sex one whole year after the emergence of his sex tape may have surprised many people.

However, the realisation that both consensual oral and anal sex are illegal in Malaysia will surprise even more people, as these acts are not widely assumed to be criminal.

chua soi lek sex tape scandal 020108 dvdUnder sections 377(A) and 377(B) of the Penal Code, anyone who commits "carnal intercourse against the order of nature" by inserting the penis into the mouth or anus of another person is liable to whipping and imprisonment of up to 20 years.

Penetration must also be sufficient to constitute the sexual connection necessary to the offence described in this section.

However, the code only affects the male person who is penetrating another person, while the male or female person whose mouth or anus is penetrated will not be subject to any form of penalty.

Under section 377(C) of the Penal Code, anyone who commits the same act without the consent of the other person is liable to the same penalty, with the exception that he or she will be subjected to a minimum of five years in jail.

Writer and activist Tan Beng Hui, feels that section 377 is obsolete and should be repealed. "The operative word in the code is not consent, but the act of oral and anal sex itself. It is its perceived unnaturalness that is the basis for the harsh maximum sentence regardless of consent.

"Or course, non-consensual anal and oral sex are rightly criminalised, but these provisions should fall under provisions for rape instead.

"How lawmakers deemed it appropriate to include them under an ‘unnatural sex law' is telling of how the emphasis is on viewing these as acts ‘against the order of nature' rather than acts that involve violence and coercion," she said.

Archaic law?

The code, drafted by Lord Macaulay in 1860 with the intention of prohibiting sodomy, was later incorporated into the laws of many former British colonies, including Malaysia.

But while the original code was abolished in the UK in the late seventies and later in several other former colonies, the Malaysian version has never been amended.

On this, Tan commented, "It is a legislation that was introduced into the country under British rule, so it is curious that we not only continue to abide by it but defend its provisions as being in line with Asian values."

Across the Causeway, section 377, which criminalises oral and anal sex, was repealed in October 2007.

However, section 377(A) of the Penal Code, which prohibited acts of gross indecency between men, was retained in the backdrop of public commotion and heated debate between both proponents and opponents of the code.

The retention meant that oral and anal sex was finally legalised for heterosexuals but not homosexuals.

homosexuality and lesbians symbols 240105"They (homosexuals) live their lives. That's their personal space. But the tone of the overall society, I think, remains conventional, it remains straight and we want it to remain so," Prime Minister Lee Hsien Loong had said during the Parliament debate before a petition to repeal section 377(A) was rejected.

Nevertheless, the Home Affairs Ministry in Singapore has promised not to actively persecute anyone under section 377(A) of the Penal Code and prosecutions under that section have been rare.

However, in Malaysia, there has been little or almost no awareness on, much less opposition to, section 377 despite the fact that most human rights groups and activists strongly believe that the code violates the right of adults to sexual relationships within a private environment and the presence of consent.

Social taboos

Feminist activist and researcher Jac Kee admits, "Section 377 of the Penal Code has rarely been tackled by local human rights organisations.

"Although the Joint Action Group for Gender Equality (JAG) has considered taking steps to push for reform, it has been occupied with other pressing matters, especially laws pertaining to rape, divorce and issues involving women's rights.

"However, much of the lack of activity on reforming section 377 of the Penal Code is also due to paucity of space and willingness for proper discourse on sexuality rights in Malaysia."

Agreeing that the taboo around sex was an obstacle to abolishing section 377, Tan added that a culture of fear has also hindered Malaysians from raising difficult questions.

"So long as these two obstacles remain, any effort to repeal the section will be difficult because we cannot speak honestly about our views, and hence cannot consider the full range of implications related to sexual matters.

"A third obstacle is related to our inability to separate matters of personal morality versus public morality. What happens within the confines of private life, so long as no rights are being violated, should not be regulated by the state," she said.

"We should also ask ourselves what it means when the two times Section 377 has received any publicity has been in relation to politicised cases; the first involving Anwar Ibrahim, and now relating to Chua Soi Lek.

"It is not a coincidence that this law has been used to discredit both these men given how it is premised on the demonisation of sexual practices outside intercourse between a man and a woman within the institution of marriage."

She also noted that a shift in Malaysian mentality towards respecting the privacy and lifestyle choices of individuals was needed before any substantial reforms in laws pertaining to sexuality rights could be attempted.

In 2007, a parliamentary select committee reviewed Section 377 of the Penal Code and the Criminal Procedure Code. However, no amendments were made to the former.

Respecting the tenets of religion

According to Honey Tan, social activist with Empower, two recommendations to amend Section 377 were also shot down during the United Nations universal periodic review held in Geneva last month.

The review is held every three years to draft recommendations to improve human rights protection in member states.

The Malaysian delegation, led by Secretary-General of the Foreign Ministry, Rastam Mohd Isa, noted that it was right to say that the Malaysian Penal Code criminalised oral and anal sex, adding that such sexual conduct was against the tenets of not only Islam, but other major religions in Malaysia.

Chile recommended that Malaysia eliminate standards in the penal code which allow for discrimination against persons on grounds of sexual orientation, while France recommended that Malaysia respect the rights of all individuals, including homosexuals, by de-penalising homosexuality.

However, the Malaysian delegation reported that both suggestions did not enjoy the support of all Malaysians. Hence, it is safe to say that the ban on oral sex and anal sex will probably stay for a long time yet.

Women’s participation in politics: Is a quota needed?

Monday, 27 August 2007 06:02am

©The Sun (Used by permission) by Dr Cecilia Ng   A large crowd of women elbowing their way to vote at a polling station in Mersing, Johor, during the first general elections in Malaya in 1955. The Alliance won 51 parliamentary seats out of 52. IS THE participation of women in politics and political life an accurate and adequate indicator of gender equality and empowerment in a country? Apparently so. The participation of women in parliament is one of the three indicators of the Gender Empowerment Measure according to the United Nations Development Report. Not only that, it is also assumed that there should be at least a critical mass of 30% of women in high places so that, as decision makers, they can make changes towards gender equality. According to this quantitative index then, are women politically empowered in Malaysia? Not really as after 50 years of independence, women make up only 9.6% of the House of Representatives, 6% in state assemblies, 9% of cabinet ministers and comprise 10% of total members in local authority councils. Nonetheless, they do make up 30% of the total senators in the country. It has indeed been a slow and arduous climb for Malaysian women to gain political representation. The perennial question is: why are there so few women in political office? Are women not interested in politics? If they are interested, what are the barriers to their participation? Actually, it is a myth that women do not participate in politics. Women comprise around 50% of the membership in both the ruling and opposition political parties. The women’s and Puteri wings of Umno, MCA and MIC have been active, untiring and loyal supporters of their respective parties and are often seen campaigning house-to-house during election time, come rain or shine. The three women Members of Parliament of DAP have been quite vocal in championing women’s issues in the Dewan Rakyat. Apparently, DAP and Parti Keadilan Rakyat have passed a resolution towards achieving 30% women’s participation in leadership positions in their respective parties. Yet many barriers hamper women’s journey towards political leadership positions. Much of these are in the nature of how politics is experienced and practised in Malaysia, if not at the global level. Politics is still a male-dominated macho world where those who have financial resources and political backing have a head start in the “race”. Not having much economic resources to start with, women are caught in a quandary. Further, their physical and moral space to seek political endorsement are severely constrained by tradition and culture. Their roles as good mothers and good women are questioned in public if they openly aspire to political power. Nonetheless, does increased women’s representation automatically translate into increased women’s rights? Women’s groups in Malaysia have been asking for at least a 30% representation of women in decision making positions and in political leadership. But we all know that increasing women’s participation in elected office does not guarantee their automatic transformation into advocates for women’s rights and empowerment. The debate over the quota system within the women’s movement has been intense as some of the women who have been elected, for example, in India or Pakistan, have been little more than representatives of their men folk who are the wealthy or politically corrupt in the area under contestation. However, over time, some of these women have become politically savvy and have started asserting their own agenda, which is usually that of rural development. Alarmed by this, some male politicians are demanding that the quota system be abolished as it is detrimental to their culture! To be sure, the quota system should be viewed as a temporary measure and should not be a ploy to garner votes from women. It is but a route towards the structural transformation of society to abolish gender inequality. The recently unfurled 9th Malaysia Plan has finally endorsed a 30% policy for women’s participation in decision making in all sectors of society. It remains to be seen how legislative and policy instruments will be utilised to ensure that this percentage is achieved. At the end of the day, the most important aspect is to have political representatives, whether men or women, who have their constituency and Malaysian society at heart. But to start with, political parties have to assure their supporters that they are pro-active regarding women’s interests. They can do this by adopting a Gender Equality and Women’s Rights Platform that will address gender and other forms of social inequality in the country and by ensuring that there are sufficient quality women representatives at the highest levels of governance. Dr Cecilia Ng is an independent researcher and women’s rights advocate. She has taught at Universiti Putra Malaysia, Universiti Sains Malaysia, and the Asian Institute of Technology in Thailand. She is a co-author of Feminism and the Women’s Movement in Malaysia (2006: Routledge).

In Malaysia, Pressure Builds Over Enforcement of Islamic Laws
By Michael Richardson
Published: MONDAY, AUGUST 18, 1997
international herald tribune

SHAH ALAM, Malaysia: When Noni Mohamad entered the Miss Malaysia Petite beauty contest, she did not expect to become the focus of a bitter struggle between moderate and conservative Muslims in a country that suddenly seems to be veering away from religious toleration toward extremism.

Like many other young Malaysians, Miss Noni, a 19-year old freelance model, says she was unaware of a law banning Muslim women from taking part in beauty pageants.

The law was enacted just over a year ago by the state of Selangor, an urban and industrial center adjacent to Kuala Lumpur.

But the arrest of Miss Noni and two other Malay Muslim women at the end of the contest, followed by their conviction last month for indecent dressing, for taking part in the pageant wearing leotard swimsuits, was the first time Selangor religious authorities had enforced the law.

The Sharia High Court in Shah Alam fined the three women 400 ringgit ($145) each and said they would be jailed for two months if they did not pay the fine.

Under the law, they could have been fined 1,000 ringgit or imprisoned for six months, or both, for the offense.

Now, Malaysian religious, youth and women's groups and the media are embroiled in a public debate about the rights and wrongs of the affair — and the wider issue of how Muslims should be expected to behave in a multiethnic society that has large numbers of non-Muslims not subject to Islamic laws. The debate also reflects concern among moderate Muslims and non-Muslims alike at what they see as a trend toward compulsory Islamization in Malaysia.

Almost all Malays, who comprise about 55 percent of the population of 20 million, are Muslims and subject to both Islamic and Western-style secular laws. The Islamic law deals with marriage, divorce and many aspects of morals.

Minority groups, chiefly non-Muslim Chinese and Indians, are subject only to the secular laws.

The trend appears to be supported by some influential figures in the federal government as well as some of the states, which have the power to legislate on religious matters under the country's constitution.

For example, a committee chaired by the deputy prime minister, Anwar Ibrahim, recently decided that all higher education students of whatever ethnic or religious background will have to take a course in Islamic civilization.

At about the same time as the Miss Malaysia Petite row erupted, the chief minister of Selangor state, Abu Hassan Omar, said that a new law would be implemented in 1997 to force Muslims to pay their annual zakat, a religious tax, or face fines or jail for up to three years.

Several other states have indicated that they may follow Selangor. Until now payment of zakat has been voluntary. It is supposed to represent 2.5 percent of personal income from all sources, and be paid into a special fund for distribution to the needy.

Some advocacy groups support the imposition of a conservative dress code for Muslim women, including a ban on their participation in beauty contests, on the grounds that "indecent" dressing exploits and demeans women.

But where, critics ask, would that leave female athletes, swimmers and gymnasts training to compete in the 1998 Commonwealth Games in Malaysia?

Feminists criticized some religious officials for applying different standards to men and women.

Marina Mahathir, a newspaper columnist and daughter of Prime Minister Mahathir bin Mohamad, wrote that some officials were uneducated "charlatans" who wanted women to be "at home having babies endlessly and covered head to toe."

"Compared with incest, child abuse, wife-battering, drug abuse and corruption," she said, "whether you're dressed right or wrong according to someone's arbitrary values should rank pretty low in the scale of the concerns of our times."

The federal government — concerned that the spread of Muslim extremism will deter investment just when it is most needed to revive confidence in an economy hit by recent currency speculation — said this month that it had successfully persuaded the states temporarily to suspend the enforcement of religious rulings on the behavior of Muslims.

Meantime, a committee under the prime minister's department will make recommendations to the Malay rulers, who have authority over religious matters in their states, on a set of uniform Islamic Sharia laws for the whole country.

The prime minister said that the arrest of the three women for taking part in the beauty contest was extreme. In a recent interview with a local newspaper, he said Islam was a tolerant religion that should be practiced the same way by all its followers.

"The Koran never said that Islam must be different in each state," he said. "But there are people who want to show their power. This is the problem."

As a result of a resurgence of Islamic values in recent years in Malaysia, many Malay women, especially those working in government offices, wear full-length dresses and head scarves.

But if Selangor's law on Islamic dress were to be generally adopted, action could be taken against Muslim women who wore body-hugging dresses, bikinis, leotards, low-cut blouses or skirts that exposed the leg.

Muslim men also could be prosecuted if they appeared in public showing the area of the body between the knees and the navel.

Published: Monday February 16, 2009 MYT 11:59:00 AM
Updated: Monday February 16, 2009 MYT 8:36:37 PM
Nude pix scandal hits PKR rep (Update 7)
By LEE YUK PENG, WANI MUTHIAH, LOH FOON FOONG and SIM LEOI LEOI

PETALING JAYA: Outspoken Bukit Lanjan assemblyman Elizabeth Wong lodged a police report at the Damansara police station here Sunday night over nude pictures and videos of her that have been circulating via MMS.

In a statement released Monday afternoon, Wong said that the distribution and publication of these photos/ video was a malicious attack.

“This constitutes a gross outrage on my modesty, a gross invasion of my privacy, and in particular the sanctity of my personal life,” she said (see statement in full below).

“I have received a lot of support from my supporters, friends, colleagues and members of my constituency. I wish to thank them for their concern, support and encouragement.

“My family members are standing behind me. I would like to appeal to the media to give me and my family members some breathing space in this trying time so that I can weather this huge challenge,” she added.

OCPD Asst Comm Arjunaidi Mohamed confirmed a report was lodged and that police were investigating.

He appealed anyone who has received or seen the nude pictures of Wong to come forward and cooperate with the police.

"We don't have the pictures and we have not seen them, either," he said.

The pictures are believed to have been taken using a handphone, possibly before the general election last March.

Police sources said that the Commercial Crimes Division has been put in charge of the investigation.

Meanwhile, Bernama reported that Wanita MCA crossed the political divide on Monday to defend Wong.

MCA Wanita chief Datin Chew Mei Fun condemned the person or persons responsible for circulating nude pictures of Wong.

"We are outraged by such shameful acts of using women as sexual objects. It is an outright invasion of the privacy of women as well as an exploitation of women for political use," she said in a statement.

Chew said taking photographs of bodily parts without consent or knowledge is against the law and punishable under the Penal Code (Act 574) and publishing such pornographic materials in the public domain also constituted to a violation of the same Act.

"We would like to advise all women to be cautious. We also urge the government to strictly enforce implementation of the Act which provides for punitive measures so that it becomes a real deterrent against such detestable behaviour," she added

Wong won the Bukit Lanjan seat with a majority of over 5,000, the second largest majority won by a PKR state assembly candidate in Selangor.

She was later appointed a member of the Selangor state executive council, in charge of Tourism, Consumer Affairs and the Environment. She is also the information chief of the Women’s wing of PKR and of her division Petaling Jaya Utara.

As at press time, she had not commented on the issue on her blog.

Selangor Mentri Besar Tan Sri Khalid Ibrahim urged the police to conduct a proper investigation into the matter.

He told reporters at the Parliament lobby in Kuala Lumpur that the Selangor state executive council would discuss the matter during its meeting on Wednesday.

“Someone is trying to frame her," said Khalid, adding that he was waiting for the police report before commenting further.

“The party will discuss the matter with regard to her status. It is unfair to make any decision at this moment without any information," he said.

PKR president Datuk Seri Dr Wan Azizah Wan Ismail said she would look into the matter and said she felt sad that it happened.

“There is a pattern of PKR assemblymen being attacked,” she said, alleging that the ruling coalition Barisan nasional has had its share of scandals too.

Selangor exco member and Seputeh MP Teresa Kok said she had nightmares after learning about the incident.

“This is like invading a person’s privacy and the incident took place at her home.

“The whole incident could be politically motivated,” said Kok, adding that there must be someone purposely circulating the photos.

“She did not do anything that is against the people’s wishes. She is a victim and I support her," said Kok.

Azmin Ali (PKR-Gombak) said the party would wait for Wong to explain the situation to the Selangor mentri besar.

“We don’t want to know if these are old or new nude pictures. She must explain to us and if she is really guilty of having posed or was involved in the taking of these pictures, we will not hesitate to take action.

“But we don’t want to make any speculation as yet,” he said, adding that he had earlier discussed the matter with both Khalid and Pakatan Rakyat de facto leader Datuk Seri Anwar Ibrahim.

“And they both agreed that we should not compromise on any disciplinary action. We will leave it to the mentri besar to decide if she is guilty or not as he is the head of the state,” he said.

Unexpected sympathy
The nude pictures was all the talk around Parliament Monday morning. Home Minister Datuk Seri Syed Hamid Albar assured the public that the police would conduct a thorough investigation.

He said at present, it was still too early to say who was responsible for taking or circulating the pictures.

“She has lodged a report with the police, let them investigate,” he told reporters after attending the opening of the new Parliament meeting here.

Puteri Umno chief Datuk Noraini Ahmad said that she has not seen the video, but added that privacy should be respected, whether it is of a private individual or a public representative.

“People should not do such things,” she said, but added that those in the public sphere should be judicious in their conduct because their private lives are no longer that -- private.

Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said he sympathised with the Selangor exco member.

“This should not happen because she is a wakil rakyat (people’s representative) and she is doing her job as one; to get her down through such method is not good.

"I hope she can find the strength in herself to endure this and ignore it," he said.

Health Minister Datuk Liow Tiong Lai said that the distribution of such “pornography” was not in our culture.

“We don’t know what the political reason is. I can’t make any further comment because I don’t know the full details.

“This is not ethical and is an invasion of privacy,” he added.

“However, if the picture is a revelation of her lifestyle, all I can say is that it is not right for a leader to adopt such a lifestyle without boundaries,” he said.

Expected lack of sympathy
In Klang, Selangor opposition chief Datuk Seri Dr Mohd Khir Toyo said that Malaysians were not ready to accept leaders afflicted with scandals and given this, Wong should relinquish all her positions.

“This is a moral issue and Malaysians cannot accept leaders with moral issues, so she must vacate her state assembly seat.

“Let the people decide and if they still want her they can vote her in again or vote for someone else if they don’t want her to represent them anymore," said Dr Mohd Khir, who last week was detained and questioned by police for taking part in an illegal assembly.

It is rumoured that the pictures may have been taken and circulated by an ex-boyfriend.

ELIZABETH WONG'S STATEMENT IN FULL
I was informed on Friday, Feb 13, 2009 by journalists from The Malay Mail that they have in their possession intimate photos of myself and that the newspaper will be publishing a story about these photographs.

I was told that some people are trying to distribute photos/ videos showing me asleep in partial nudity and also in intimate positions.

The distribution and publication of these photos/ video is a malicious attack on my personality. This constitutes a gross outrage on my modesty, a gross invasion of my privacy, and in particular the sanctity of my personal life. It is being done by unscrupulous persons to embarrass and discredit me?

I am a victim in this incident.

I have yesterday lodged a police report in relation to this matter and I will fully cooperate with the police in their investigation. I will therefore not speculate publicly about those responsible for this gross invasion of my privacy.

I have received a lot of support from my supporters, friends, colleagues and members of my constituency. I wish to thank them for their concern, support and encouragement.

My family members are standing behind me. I would like to appeal to the media to give me and my family members some breathing space in this trying time so that I can weather this huge challenge.

I will in the meantime continue to carry out my task of serving the people of Selangor faithfully.

Elizabeth Wong
Bukit Lanjan assemblyperson
Exco for Tourism, Environment and Consumer Affairs

Poligami: pro Barat atau Islam?

Saya mengambil masa yang panjang berfikir tentang tajuk poligami untuk ditulis di ruangan ini. Pasti lepas ini, mungkin ada wanita pembaca tulisan saya sejak sekian lama akan merajuk atau kurang senang.

Pohon saya ingin menyentuh juga tajuk ini bagi berbicara dengan lojik feminis sekularis yang cuba menilai isu ini dengan mentaliti Barat.

Secara umumnya, masyarakat ‘Barat’ ini menganggap seseorang lelaki memiliki perempuan simpanan atau mistress adalah perkara biasa. Bahkan menjadi trend di Barat ini untuk pasangan hidup bagaikan suami isteri tanpa perkahwinan yang diiktiraf. Bertukar-tukar atau menambah bilangan mistress bukanlah satu keganjilan. Namun pemikiran dan undang-undang mereka tidak menerima seseorang lelaki memiliki lebih dari satu isteri atau berpoligami. Poligami bagi mereka mempunyai unsur penghinaan terhadap wanita, atau unsur kerakusan nafsu lelaki. Sementara perempuan simpanan atau seks dengan wanita tanpa perkahwinan bukan satu penghinaan atau kerakusan nafsu. Eksploitasi setiap inci alur tubuh wanita dalam media mereka juga adalah bagi mereka lambang kebebasan dan kemerdekaan wanita. Adapun wanita muslimah yang menutup auratnya dengan rela adalah lambang kezaliman atau penghalangan hak wanita. Malang sekali, aliran ‘liberal melulu’ yang menghantui sesetengah pihak, termasuk di negara kita yang menonjolkan diri sebagai pejuang hak wanita, menelan cara fikir Barat ini lalu menjadikan isu poligami dan menutup aurat sebagai sasaran.

Berbalik kepada isu poligami, perkara yang selalu dibangkitkan adalah bahawa ia menafikan hak wanita atau merendahkan wanita. Padahal beza antara seorang isteri kedua, atau ketiga, atau keempat dengan seorang wanita simpanan begitu besar. Selain dari soal haram dan halal yang dilihat pada neraca agama, seorang yang berstatus isteri mempunyai hak ke atas suaminya; hak nafkah, hak keturunan anak, hak keadilan pembahagian hari dan harta, hak dihormati dan disayangi, hak untuk tidak dipersiakan apabila jemu dan berbagai lagi. Sementara seorang mistress yang ‘dijamah’ dalam senyap atau terang, boleh ditinggalkan tanpa pesan apabila jemu dan diratah apabila bernafsu, tiada apa hak yang boleh dituntut atas kekudusan perkahwinan. Mereka memandang sinis kepada poligami tapi menganggap fonomena biasa bagi perempuan simpanan. Poligami bagi mereka membawa ketidakadilan antara wanita. Mereka patut ditanya; apakah memiliki perempuan simpanan itu adil bagi wanita? Begitu juga, apakah hidup ‘berumahtangga’ tanpa kahwin itu penghormatan bagi wanita?

Ramai masyarakat Barat ini menyangka bahawa hanya Islam sahaja yang mengizinkan poligami. Padahal asalnya, seseorang lelaki Kristian diizinkan berkahwin sebanyak mana bilangan isteri yang dia suka, kerana Bible tidak menghadkan bilangan isteri. Hanya beberapa kurun kebalakangan ini gereja menghadkan bilangan isteri kepada satu. Poligami juga diizinkan dalam Yahudi. Ini berdasarkan undang-undang Talmud, di mana Nabi Ibrahim isterinya tiga, Nabi Sulaiman isterinya seratus. Perlaksanaan poligami berterusan dalam Yahudi sehinggalah Rabai Gersom Ben Yehudah (960-1030M) mengeluarkan perintah menentangnya. Namun masyarakat Yahudi Sephardic yang hidup di kalangan umat Islam terus mengamalkannya sehingga tahun 1950. Namun di Barat, trend hidup pragmatik yang mereka cipta menggantikan agama.

Islam apabila membenarkan poligami, seperti biasa menetapkan dalam setiap perkara peraturan dan disiplinnya. Soal berlaku baik dan adil kepada isteri, bukan sahaja diwajibkan untuk mereka yang berpoligami, bahkan kepada sesiapa yang bermonogami juga wajib melakukan kebaikan dan keadilan kepada isterinya. Jika ada kecuaian mereka yang berpoligami bukan bererti poligami itu buruk, tetapi sikap pelaksananya itu yang salah. Betapa banyak mereka yang monogami yang menzalimi isteri, tidak bertanggungjawab terhadap keluarga dan berbagai lagi. Apakah kerena tindakan salah mereka itu, maka monogami juga patut dilarang? Inilah mentaliti kelompok liberal yang tidak terurus pemikiran mereka.

Ramai isteri yang menghantar e-mail kepada saya bahawa mereka tidak dapat terima suami mereka berpoligami. Ya, itu adalah perasaan yang dikongsi oleh kebanyakan wanita. Apatahlagi jika suami mereka itu tidak menunaikan tanggungjawab yang baik selama belum berpoligami pun. Apabila Allah dan rasul-Nya mengizinkan poligami, pasti ia mempunyai hikmah yang tersendiri. Poligami adalah ubat yang dimakan di waktu perlu dan jangan memakannya jika anda tidak memerlukan. Poligami dalam sejarahnya, menyelamatkan wanita-wanita yang kehilangan suami seperti isteri tentera yang terkorban kerana umat. Mungkin mereka masih muda dan perlukan perlindungan. Jika diharapkan orang bujang, biasanya mereka mencari pasangan dara. Siapa yang akan mengambil tanggungjawab ini? Biasanya lelaki yang stabil dan matang mampu mengendalikan mereka. Mereka ini kebanyakan sudah berkahwin. Saya lihat dalam negara kita, poligami dapat membantu wanita yang baru menganut Islam yang kadang-kala tiada orang bujang yang dapat menjaga mereka dengan baik.

Wanita sama seperti lelaki terdedah kepada sakit dan ketidakmampuan seks. Jika suami tidak mampu dari segi seks, isteri boleh menuntut dipisahkan perkahwinan. Jika isteri tidak bermampuan dari segi seks, amat tidak wajar wanita yang lemah dan disakit ditinggalkan begitu. Namun, dalam masa yang sama naluri suami juga hendaklah diraikan. Poligami boleh menyelesaikannya. Begitu juga jika isteri tidak mampu melahirkan zuriat, apakah patut suami menceraikannya? Poligami sebagai penyelesaian keinginan kepada zuriat keturunan. Maka apabila Islam membenarkan poligami, ia adalah ubat. Barangkali juga ada isteri yang tidak terdaya melayan kehendak suami yang ‘tinggi’ dalam seks. Poligami juga jalan keluar dari beban ini. Kadang-kala ada lelaki yang berwibawa yang memampukan dia memiliki lebih dari seorang isteri yang diberi keadilan yang rata. Maka dalam sejarah Islam, poligami tokoh-tokoh telah membuahkan kebaikan ilmu, keluasan keluarga dan keturunan. Berbagai lagi hikmah poligami yang boleh disenarai panjang. Malang sekali, apabila golongan Pro-Barat atau ‘Islam-Liberal’ ini menyatakan tujuan mereka menentang pologami itu kerana hendak membela wanita, apakah pada mereka selain isteri pertama itu bukan wanita? Wanita itu, bukan isteri pertama sahaja, tetapi setiap yang berjantina wanita termasuk yang akan menjadi isteri kedua dan seterusnya. Perasaan dan kehendak mereka juga adalah tuntutan dan hak wanita yang perlu dihormati.

Pernah saya sebutkan bahawa kadang-kala hukum-hakam Islam boleh diumpamakan sebuah kedai yang menyediakan berbagai jenis ubat untuk semua jenis penyakit. Jangan kerana ada ubat yang dijual itu tidak bersesuaian dengan penyakit kita maka kita menganggap ubat tersebut mesti dihapuskan. Poligami adalah salah satu ubat bagi penyakit yang bersesuaian dengannya. Menghalang zina dan membantu wanita. Bagi yang tidak memerlukan ubat ini dia tidak disuruh meminumnya.

Poligami juga adalah jalan keluar kepada kehendak cinta di luar kawalan. Di zaman ini, untuk seseorang lelaki mendapatkan wanita secara haram, amatlah mudah. Namun jika ada lelaki yang ingin berkahwin sekalipun atas poligami yang membawanya menanggung berbagai risiko, saya rasa dia patut dihormati dan ada nilai tanggungjawab terhadap wanita. Cuma malangnya, poligami ini jika digunakan oleh lelaki yang tidak bertanggungjawab sehingga mencemarkan institusi berkenaan. Apatahlagi golongan anti poligami ini hanya menonjolkan contoh-contoh buruk poligami dan melupai contoh-contoh baik yang banyak. Lelaki-lelaki yang baik dan berkemampuan patut tampil membawa contoh yang baik dalam perlaksanaan poligami. Sementara yang tidak berkemampuan dan ‘lemah kewibawaannya untuk adil, maka janganlah memakan ubat yang tidak diperuntukkan untuk anda.

ARKIB : 26/12/2006

Mahkamah Syariah perlu bidang kuasa lebih luas

Zainul Rijal Abu Bakar.

Bicara Agama: Utusan

Mahkamah Syariah adalah institusi keadilan bagi orang Islam. Walaupun mempunyai bidang kuasa yang terhad tetapi ia adalah institusi keadilan tertinggi bagi menyelesaikan sebarang pertikaian membabitkan soal agama.

Bagaimanapun, Mahkamah Syariah kini sering diuji dengan kes-kes yang mencabar melibatkan isu perundangan negara berbanding kes kekeluargaan semata-mata.

Bagi mengulas persoalan ini, wartawan MOHD. RADZI MOHD. ZIN dan jurufoto, SYEFRY MONIZ menemu bual Presiden Persatuan Peguam Syarie Malaysia (PGSM), Zainul Rijal Abu Bakar.

UTUSAN MALAYSIA: Apakah kedudukan Mahkamah Syariah dalam Perlembagaan negara?

ZAINUL RIJAL: Sistem kehakiman negara kita terbahagi kepada dua iaitu perkara-perkara di bawah bidang kuasa Mahkamah Sivil dan Mahkamah Syariah. Mahkamah Syariah ini diberi pengiktirafan oleh Perlembagaan Persekutuan sebagai manifestasi keistimewaan Islam sebagai agama bagi Persekutuan mengikut Artikel 3(1) Perlembagaan.

Mahkamah Syariah bertindak dalam kes-kes yang di beri bidang kuasa kepadanya. Begitu juga Mahkamah Sivil. Memang sepatutnya, kedua-dua mahkamah ini saling lengkap-melengkapi dan bukan bertelingkah antara satu sama lain.

Tugas Mahkamah Syariah meliputi undang-undang kekeluargaan orang Islam, penentuan agama serta perkara-perkara berkaitan jenayah yang diperuntukkan.

Laporan Suruhanjaya Reid mengesyorkan agama diletakkan di dalam bidang kuasa negeri. Oleh hal yang demikian, Perlembagaan Persekutuan memperuntukkan undang-undang syariah adalah di bawah bidang kuasa negeri-negeri. Akibatnya, setiap negeri mempunyai undang-undang syariah sendiri dari segi kehakiman, pendakwaan dan penguatkuasaan.

Tidakkah ini menyebabkan berlakunya ketidakseragaman dalam pelaksanaan undang-undang syariah?

ZAINUL RIJAL: Inilah yang menimbulkan sedikit sebanyak kegelisahan dalam kalangan orang Islam. Namun demikian, usaha penyeragaman sudah menunjukkan perkembangan. Terutama dengan penubuhan Jabatan Kehakiman Syariah Malaysia (JKSM) dan enam negeri kini menggunakan skim guna sama.

JKSM melalui Ketua Pengarahnya, Datuk Syeikh Ghazali Abd. Rahman membuat pelbagai kaedah dan cara bagi melaksanakan penyeragaman di peringkat Mahkamah Syariah. Usaha sebegini mendapat sokongan padu peguam-peguam syarie.

Selain itu, sembilan negeri sudah pun mempunyai undang-undang syariah yang seragam. Cuma aspek pentadbiran dan penguatkuasaan masih terletak di bawah kuasa kerajaan negeri. Penyeragaman undang-undang syariah ini adalah suatu perkara yang telah lama diperkatakan, namun hasilnya masih belum dikecapi kerana ia melibatkan pelbagai pihak. Selagi bidang kuasa ini diletakkan di bawah bidang kuasa negeri selagi itulah akan berlaku perbezaan undang-undang antara negeri.

Sebenarnya Perlembagaan Persekutuan sendiri ada memperuntukkan kuasa kepada Parlimen untuk membuat undang-undang yang seragam. Perkara 7 6(1)(b) memperuntukkan Parlimen boleh membuat undang-undang berhubung dengan senarai negeri bagi tujuan penyeragaman undang-undang bagi dua atau lebih negeri. Parlimen juga menggunakan peruntukan ini umpamanya dalam menggubal Kanun Tanah Negara dan Akta Kerajaan Tempatan. Dalam kedua-dua hal perkara tadi bidang kuasanya diberikan kepada negeri tetapi bagi tujuan penyeragaman Parlimen menggubal undang-undang tersebut.

Kenapakah pendekatan yang sama tidak boleh dilakukan kepada perkara-perkara agama yang juga terletak di dalam Senarai Negeri?

Difahamkan, Jabatan Kemajuan Islam Malaysia bakal mewujudkan garis panduan seragam (SOP) dalam penguatkuasaan dan pendakwaan syariah tahun depan. Adakah ini salah satu inisiatif mewujudkan penyeragaman undang-undang syariah?

ZAINUL RIJAL: Bagi pihak PGSM, kita mengalu-alukan langkah ini. Setakat ini di Selangor dan Wilayah Persekutuan sudah ada SOP tetapi dari segi penguatkuasaan ia masih berbeza. Namun kedua-dua SOP ini perlu dimantapkan lagi kerana terdapat banyak kelemahan dari sudut pelaksanaannya.

Langkah Jakim ini dapat memperkemaskan lagi semua penguatkuasaan agama di negara kita. Apabila dilaksanakan kelak, ia mampu mengelak daripada berlakunya soal salah tangkap dalam kes-kes khalwat dan sebagainya.

Di dalam menggarap SOP yang lebih komprehensif ini, pandangan dari pelbagai pihak seperti Hakim Syarie, penguatkuasa agama, pendakwa dan peguam syarie perlu diambil kira.

Kita memang sudah lama menunggu kewujudan SOP seperti ini. Dengannya, insya-Allah tidak timbul lagi kegelisahan umat Islam kerana perbezaan pelaksanaan undang-undang syariah yang terdapat di negeri-negeri.

Kebelakangan ini terdapat kecenderungan seolah-olah tidak menghormati Mahkamah Syariah. Ia apabila ada pihak yang tidak muncul walaupun disapina oleh mahkamah. Mengapa ini berlaku?

ZAINUL RIJAL: Hal ini barangkali disebabkan tafsiran dalam Perlembagaan Persekutuan yang mengehadkan bidang kuasa Mahkamah Syariah iaitu orang bukan Islam tidak terikat dengan undang-undang syariah.

Mahkamah Syariah tugasnya adalah mencari keadilan mengikut hukum syarak dan membuat keputusan yang betul berdasarkan bukti-bukti yang sahih. Ini pula memerlukan kerjasama pihak-pihak yang terlibat.

Dalam kes perebutan mayat A. Rayappan di Shah Alam awal Disember lalu misalnya, ahli keluarga bukan Islam Rayappan disapina ke Mahkamah Syariah untuk memberi keterangan dan menunjukkan bukti si mati bukan Islam di saat kematiannya. Ini bagi membantu mahkamah membuat keputusan yang betul tetapi keluarganya enggan hadir.

Perbuatan sebegini jelas tidak menghormati institusi Mahkamah Syariah. Jika tidak mahu bekerjasama bagaimana kita mahu mencapai keadilan?

Mahkamah Syariah wujud kerana peruntukan Perlembagaan sendiri. Oleh hal yang demikian setiap rakyat Malaysia mestilah menghormati Mahkamah Syariah walaupun Mahkamah Syariah tidak berupaya memaksa mereka hadir.

Masalah kita ialah tanggapan orang bukan Islam terhadap Mahkamah Syariah dan juga undang-undang kita yang tidak memperuntukkan mereka yang bukan Islam boleh disapina di Mahkamah Syariah.

Dalam kes Rayyappan ini apa yang menjadi persoalan ialah kenapakah Mahkamah Syariah di sebelah pagi menolak permohonan Majlis Agama Islam Selangor (MAIS) menarik balik permohonannya tetapi di sebelah petang hakim yang sama memberi keputusan yang berlainan. Kenapa perkara sebegini boleh berlaku? Adakah mahkamah syariah tidak bebas membuat penghakiman?

Mungkin sudah sampai waktunya hakim-hakim Mahkamah Syariah dilantik sebagaimana rakan mereka di dalam Mahkamah Sivil. Buat masa ini hakim Mahkamah Syariah adalah seorang penjawat awam sebagaimana penjawat awam yang lain. Mereka tertakluk kepada arahan dan garis panduan penjawat awam.

Hakim Mahkamah Sivil dilantik oleh suruhanjaya yang mana termaktub di dalam Perlembagaan Persekutuan. Dengan cara ini hakim Mahkamah Syariah akan lebih bebas dalam pengadilan mereka di samping menaikkan lagi martabat mereka sama seperti hakim Mahkamah Sivil. Hal yang demikian akan memperbetulkan persepsi masyarakat bahawa bahawa Mahkamah Syariah bukanlah mahkamah kelas kedua.

Ia juga memberi pengiktirafan dan penghormatan kepada Mahkamah Syariah. Jika kedudukan ini sama maka sudah tentu keadaan enggan hadir ke Mahkamah Syariah tidak akan berlaku.

Keadaan ini berlaku mungkin kerana persepsi orang bukan Islam bahawa setiap kes perebutan mayat, kita mahu menguruskannya sebagai jenazah orang Islam sahaja. Benarkah?

ZAINUL RIJAL: Kenyataan itu ada kebenarannya tetapi kes Nyonya Tahir sudah membuktikan bahawa Mahkamah Syariah bersikap adil dan tidak memihak kepada individu Islam sahaja. Tidak timbul prejudis terhadap mahkamah malah anak-anak Nyonya Tahir berpuas hati dengan keputusan Mahkamah Syariah Seremban yang mengesahkan Nyonya Tahir beragama Buddha ketika kematiannya.

Kita mahu menjelaskan bahawa adalah berdosa bagi orang Islam mengkebumikan mayat orang bukan Islam mengikut cara Islam. Islam hanya membenarkan umatnya menguruskan jenazah orang Islam di mana ia adalah tanggungjawab fardu kifayah bagi mereka yang hidup untuk melaksanakannya.

Fardu kifayah ini jika tidak dilaksanakan misalnya mandi, kafan, solat dan kebumikan mayat orang Islam seluruh umat Islam di kawasan berkenaan akan menanggung dosanya. Ini yang perlu diperjelaskan kepada orang bukan Islam. Kita bukan suka-suka mahu mengambil mayat orang bukan Islam untuk kita kebumikan sebagai orang Islam. Tetapi jika pada saat kematiannya individu itu Islam, maka adalah tanggungjawab kita menguruskan jenazah mereka.

Ada pihak yang beranggapan keadilan di Mahkamah Syariah hanya kepada orang Islam sahaja? Benarkah tanggapan ini?

ZAINUL RIJAL: Hal sedemikian adalah tidak benar. Pada zaman pemerintahan Khalifah Ali, berlaku pertikaian tentang baju besi baginda yang dicuri oleh seorang Yahudi. Bagaimanapun, dalam kes ini tidak ada saksi yang melihatnya selain anak Saidina Ali.

Apabila kes ini dibicarakan di hadapan Hakim Syuraikh dan Saidina Ali gagal membuktikan baju besi itu haknya mahkamah menolak kenyataan saksi iaitu anaknya. Sebabnya, ada kemungkinan anak khalifah akan memihak kepada bapanya. Dengan itu, baju besi tersebut diserahkan kepada Yahudi terbabit . Lelaki Yahudi itu kagum dengan kebebasan Hakim Syuraikh membuat keputusan yang tidak memihak kepada Khalifah sedangkan dia sendiri tahu dialah yang mencuri baju besi itu . Dia kemudiannya memeluk Islam kerana keindahan neraca keadilan yang ditunjukkan oleh Islam.

Allah turut memberi amaran kepada sesiapa yang cuba menyogok hakim menyebelahi mereka dalam sesuatu perbicaraan dengan cara yang salah. Ini ditegaskan dalam firman-Nya, Dan janganlah kamu makan harta orang lain di antara kamu dengan jalan yang salah, dan jangan pula kamu menghulurkan harta kamu (memberi rasuah) kepada hakim-hakim kerana hendak memakan (atau mengambil) harta manusia dengan (berbuat) dosa, padahal kamu mengetahui (salahnya). (Al-Baqarah: 188)

Apa yang perlu digiatkan kini ialah usaha memberi pendidikan dan kesedaran termasuk kepada orang bukan Islam tentang keadilan yang terkandung dalam Islam sebagai cara hidup ini. Bidang kuasa yang lebih luas juga perlu diberi kepada Mahkamah Syariah bagi memberikan kredibiliti kepada Mahkamah Syariah. Ia penting kerana persepsi masyarakat sekarang ini Mahkamah Syariah adalah mahkamah keluarga sahaja. Dalam bidang kuasa yang terlalu terhad itupun, ia masih diganggu.

Baru-baru ini, timbul gesaan yang mahu mengharamkan tangkapan kes-kes khalwat kerana didakwa ia memalu serta mencemarkan Islam. Apakah pandangan saudara mengenainya?

ZAINUL RIJAL: Mengikut Enakmen Tatacara Jenayah Syariah, setiap serbuan penguatkuasa agama dibuat berdasarkan aduan atau syak yang munasabah ada jenayah syariah dilakukan. Bukannya serbuan secara membuta-tuli atau mengintip secara sembrono.

Bila menerima aduan, penguatkuasa agama akan menyiasat. Aduan pula perlulah dibuat dalam bentuk tulisan dengan menggunakan borang-borang tertentu. Bagaimana siasatan dibuat ini termasuklah serbuan dan penggeledahan. Pokoknya, bukan sengaja ketuk pintu hotel atau rumah orang. Enakmen Tatacara Jenayah Syariah ini memperincikan dengan jelas prosedur-prosedur tertentu malah dalam beberapa hal ia lebih lengkap lagi dengan apa yang ada dalam Kanun Prosedur Jenayah di Mahkamah Sivil.

Jika ada kesilapan dalam melaksanakan tugas, itu adalah kesilapan manusia. Tindakan perlu diambil kepada pihak yang melakukan kesilapan. Berilah latihan yang bersepadu kepada Pegawai Penguatkuasa Agama. Jangan marahkan nyamuk, kelambu dibakar. Pihak berkuasa agama juga perlu jujur mengaku jika berlaku kesilapan oleh kakitangannya.

Apa yang kita bimbang, menghentikan tangkapan khalwat ini seolah-olah menggalakkan umat Islam melakukan maksiat kerana tidak ada tindakan pencegahan yang tegas. Inilah juga apa yang diperjuangkan oleh golongan Islam liberal.

Dalam usaha menegak yang makruf dan mencegah yang mungkar kita perlu berpegang kepada hadis Rasulullah s.a.w yang antara lain maksudnya, Apabila kamu melihat kemungkaran hendaklah kamu menegahnya dengan tangan (kuasa), jika tidak mampu dengan kata-kata dan jika tidak mampu dengan hati. Itulah selemah-lemah iman. (Riwayat Bukhari)

Persoalannya, kita ada kuasa di tangan kita mengapa kita mahu memilih kaedah mereka yang selemah-lemah iman.

Ada juga pandangan yang mengatakan hadis tersebut hanya terpakai kepada orang yang melihat kemungkaran dengan mata kepalanya sendiri sahaja. Tafsiran ini adalah tafsiran yang sempit kerana di zaman Rasulullah juga kesaksian seorang sahabat yang mengesyaki terdapat seorang yang akan melakukan pembunuhan sedang menyorok di sebalik sebatang pokok diterima oleh Rasulullah. Sahabat ini tidak melihat dengan mata kepalanya sendiri.

Memanglah benar terdapat banyak perkara yang lebih besar lagi yang perlu diberi penumpuan oleh penguatkuasa agama, tetapi hal yang demikian tidaklah memberi lesen kepada penguatkuasa agama menghentikan penguatkuasaan tangkapan khalwat. Penguatkuasa agama perlu melakukan semua perkara dalam bidangkuasanya. Pihak kerajaan perlu menyokong dengan melantik lebih ramai pegawai tetap dan terlatih dalam melaksanakan tanggungjawab ini.

Kita juga tidak boleh mengatakan setelah begitu banyak tangkapan dibuat khalwat masih berleluasa. Oleh itu tangkapan khalwat ini tidak berkesan dan mesti diberhentikan. Hal ini sebenarnya tidak boleh dijadikan hujah kerana jika kita membuat analogi kepada masalah dadah, kerajaan telah melakukan ribuan tangkapan dan membelanjakan jutaan ringgit memerangi dadah serta mengadakan pusat pemulihan dadah tetapi masih tidak berjaya lagi.

Adakah kita menghentikan tindakan ini? Jika kita menghentikan tindakan maka masyarakat tentulah menjadi kucar kacir. Apa yang perlu dilakukan ialah melipatgandakan usaha dan mencari kaedah yang lebih sesuai untuk menangani masalah ini bukan menghentikannya.

NST Online » Frontpage
2008/11/23
Sunday Interview:Fatwa on 'pengkid' to prevent lesbianism
By : ANIZA DAMIS

EXACTLY one month ago, the National Fatwa Council made a decision against women who dressed like men, denouncing it as haram. This has been met with anger, protest, and mainly, confusion, as to what exactly it is that the fatwa condemns. ANIZA DAMIS speaks to Malaysian De partment of Islamic Development (Jakim) director-general Datuk Wan Mohamad Sheikh Abd Aziz to get a clearer picture of the issue.

(This is a translation of the interview, which was conducted in Bahasa Malaysia)

Q: What is the actual definition of “pengkid”?
A: Pengkid refers to a married woman or maiden whose appearance or image is like that of a man. Although this also includes the dressing of the person and not just the way she behaves, the way of dressing is just one aspect of what makes a pengkid.

A woman may be dressed as a woman, but her behaviour may be like a man, or it might be a combination of this. She might also have a sexual desire for women.

This brings it “hampir” (close) to the practice of les bianism.

Q: Is it close to, or is it actually lesbianism? A: We can’t say that all people who are pengkid are lesbians. That wouldn’t be right. That’s why I say it is “hampir”.

Hampir means she doesn’t do that act, but she is heading that way. For instance, Islam forbids people from coming close to zina. That means, not only is the act forbidden, but any act that may lead to the actual act is also forbidden.

I believe there is no religion that allows lesbianism or homosexuality. But anything that can drive or lead towards it should also be stopped. So, this is the culture that we are trying to stop.

Actually, we are trying to save these women (from be coming lesbians).

Q: When you translate this fatwa into English, the word “tomboy” is used instead of “pengkid”. “Tomboy” in English doesn’t have a sexual connotation. So, what do you mean by “dressing like a man”?
A: This is what we mean by “fitrah”.

A safe way is to teach children, whether male or female, from an early age to follow their respective fitrah.

If we allow this budaya practice (of pengkid) to continue to develop, it will become an tradition, and then a norm. When it becomes a norm, then people will think no longer think of it as a wrong. This is something we do not want to happen.

That’s why we want to go back to the fitrah. If you follow your fitrah, the chances of you being safe is higher, compared with if we were to completely give freedom until you could not differentiate between feminine characteristics and male characteristics.

Q: Unlike in other Muslim countries where a fatwa is an advisory, in Malaysia it is law. Do you really want to make this fatwa law?
A: In Malaysia, not all fatwa becomes law. It only becomes law when it is gazetted. And not all fatwas in Malaysia are gazetted.

Q: So, this fatwa hasn’t been gazetted?
A: This is only at the national muzakarah stage. Most fatwas are not gazetted.

Usually, we look at what the subject is. If it is a fatwa that involves aqidah (Islamic doctrine), it is gazetted. This is because it requires follow-up action by the authorities, especially with deviationist teachings, or extremist or militant movements, as these involve issues of security and will need legal action.

But not all fatwas are gazetted. In fact, not all fatwas have to be gazetted.

Q: But in this case?
A: The gazetting of this fatwa is up to the discretion of the State. We prefer to look at it as an issue of social ill that we can overcome through dakwah (propagation of Islam through words and action) and education.

There are already provisions in the law for cases that have gone to the point of sexual crimes – such as being an active lesbian.

This decision was only just recently made. The process of making a fatwa is quite unique. The national fatwa council is a council that is appointed by the Council of Rulers. It’s members are the muftis of all States and five experts who are recognised by Jakim and appointed by the Council of Rulers.

If it is a national issue, we will discuss it and then standardise the fatwa at the national level. But for it to be an official fatwa depends on the religious authorities in the respective states.

Q: So, are there any states that want to gazette this fatwa?
A: You’ll have to ask the respective state religious authorities.

But in our opinion, this is a social ill, whereby there are many other ways in which to address it (other than legal). Like using wisdom and harmony.

Q: Is there any proof that if a woman dresses as a man, she will become a lesbian? What is the link between clothes and lesbianism?
A: Perhaps this is something that is different between the Islamic perspective and non-Islamic perspective.

Our approach is based on a rule of the maxim in Islamic jurisprudence – that we prevent the opportunity for some thing bad to happen. We believe this is a good approach in preventing something bad which is forseeable, based on research and other issues.

This principle is used when determining a fatwa.

Back to the issue of clothes. We have said from the beginning that dressing is not the sole factor (in lesbianism). It is more about behaviour. Don’t forget, a pengkid might be very feminine, but she is a pengkid because of her behaviour and sexual desires.

Q: So, a pengkid has a sexual connotation?
A: Yes. This is what we are worried about. What is meant by pengkid is a person who is inclined to be attracted to someone of the same sex.

It starts with the clothes and the behaviour.

What we are most worried about is that this person might go to the extreme level. That is why we feel it is safer for each person to strive to follow or abide by his or her fitrah.

A woman would be more damai (at peace) if she had a man as a companion.

Q: At the same time, we can’t go out with a man who is not our muhrim, right?
A: True. But that (relationship) can be legalised through marriage. That is a different issue.

Women can be friends with women, and men can be friends with men. That is encouraged.

That’s why in the hadith: Two people (of the same sex) that love each other, meet and part only because of Allah.
What this means is, these two people are true friends whose friendship is guided through morals.

There is nothing that says women cannot love and respect each other. This is allowed in religion. What is forbidden is the extreme act. They don’t approach each other as a woman friend, but as a male companion. This is the problem.

Q: The problem is, when it comes to the level of society, the understanding of this fatwa might be different. For instance, at the moment, a lot of men’s clothes have become unisex for women. So, for instance, on the days where I am going to a particularly rough place, I might wear a shirt and pants, and I might not wear earrings or bright lipstick. If someone sees me at that time, what would be the conclusion that person might have on my sexual preference?
A: That is a different issue. We are currently talking about normal conditions. If we talk about situations like you mentioned, then that’s the same as a male policeman going undercover as a woman.

Q: The niat (intention) of the fatwa is one thing, but its application is another. What is going to happen if someone who has heard of this fatwa starts harrassing a woman whom he feels is dressed or behaving like a man?
A: Let’s forget about the possibility of harassment by men.

Q: We can’t.
A: Alright. But what if the woman who behaves like a man attracts the attention of other women. Doesn’t that also present a threat of harassment?

Q: If that’s the rationale, then I’m better off dressed as a man. For, if I were to dress as a man, I would be harassed by fewer women than I would be by men, were I to be dressed as a woman.
A: (laughs) Actually, the danger to you would then be that you would be harassed by men, and there would be a new harasser (women).

But a pengkid is not just about dressing. Dressing is just one of the factors. A woman might have a husband, wears a baju kurung and tudung. But if her behaviour and desire is towards other women, this is where the woman starts to neglect her husband or even leaves him for her woman companion.

Q: And if the woman leaves her husband for another man?
A: That is another issue.

What we are discussing right now is the destruction of the family institution, which would affect the children.

And, it might even come to a point sometime in the future, where it could affect the grandchildren. Because these days, as Joan Collins says, even grandmothers are well turned out.

Q: Surely grandmothers are allowed to dress up.
A: Yes, but think of the effects on the grandchildren (if the grandmother is a lesbian). This threat is not impossible. It might happen to young grandmothers, who might have an interest in other women.

So, don’t think that pengkids are just a danger to maidens. It is also a threat to (married) women. Whether she is a maiden, a married woman, or even a grandmother, she can be exposed to this problem.

Dressing is just one factor.

Q: What is in our hearts is not visible, whereas clothes is something people can see, and that is the thing upon which people can take action. What we are afraid of is the harassment and victimisation of women, whom you say you are trying to save. Your fatwa can have negative repercussions.
A: What would happen if we didn’t give any advice or reminders to save our people? If we allow this problem to continue and expand, our eastern culture will be no different from the western culture. Where would our religious values go?

We consider the fatwa as an advice to parents. Parents love their children. So, this opinion (fatwa) is to save the next generation. At the same time, we have to remember that a fatwa also saves culture.

Q: I want to look at the application. What is are the characteristics or traits or elements that are considered feminine? What is the dresscode for women?
A: The dresscode for Muslim women is based on ensuring her safety, honour and femininity. So, the issue of the shape of dress, colour and so on is not an important issue.

In Islam, the important keyword is aurat (parts of the body which must be covered). In the context of a woman, she must not only be fully covered (except for the face and hands), but her clothes must not show the shape of her body.

For instance, people always say Muslim women cannot wear jeans. But who says they can’t? In reality, Muslim women can wear jeans in public, but it has to be complemented by other things so that the shape of her body will not be revealed.

But when she goes into her own house with her family members, the jeans doesn’t become a problem.

Q: The problem with the possible interpretations of this fatwa is that it may go back to the days when women were oppressed. It might even, to an extreme degree, lead people to say that women should not be engineers.
A: Does Islam forbid women from being engineers?

Q: No, it doesn’t. But what is the practice?
A: A practice may be a tradition, not religious teaching. We are talking about religious teaching.

We are in Malaysia, not Bangladesh where they mix-up their cultural practices with their religious practices.

Over here, we are talking about what is taught by religion.

Q: That is because you are a thinking person. You cannot assume that everyone in society is going to think like that.
A: That’s why we issued the fatwa with an explanation, so that people would understand that this is a religious requirement. It is not a restriction that has nothing to do with religion.

Also, don’t forget that religion is actually very flexible. A lot of traditional practices can be accepted into religious practice. The principle of Islamic jurisprudence is that an adat tradition) can be accepted as hukum (decision). But that depends on what kind of adat. Certainly, not an adat that oppresses women, for that is not in keeping with the demands of religion. It is Islam that freed women.

Q: But, unless they studied the history of Islam, not a lot of people realise how much Islam liberated women. Especially now, if an outsider looks at Islam, it seems as if Islam oppresses women. This is because of what is practised, which may not be the same as Islam teaches.

A: I think a lot of people think a dresscode is restrictive. If you wear certain clothes, does it mean you cannot be a careerwoman, a professional who is successful in her field? No. This proves that religion does not oppress women. What restricts you is not your clothes.

People use the Islamic dresscode as an excuse to say that Islam oppresses women.

Q: Be realistic. Malay culture is very patriarchal and very male-oriented. A fatwa that starts out with good intentions could be deviated and used as a tool for something else. For instance, if you were the creator of something as potent as nuclear energy, surely you would want to think of a way to ensure that it is not used for the would want to think it is not used for the wrong reasons. If a state gazettes this fatwa, how is it going to be enforced? For instance, not every Muslim woman wears a tudung. So, in order to enforce the fatwa, you have to first verify that a woman is a Muslim. Does that mean that an enforcement officer will stop the woman, ask to see her identification card (IC), look to see whether she is Muslim, and then if yes, proceed to look her up and down to assess her dressing? Most enforcement officers are men – so, isn’t this going to be a problem?
A: That is deviating the issue from the real issue. The real issue we are concerned about is when a married woman is attracted to a woman. Or when a young girl who is growing up and her social process is not in keeping with her fitrah. In the long run, this won’t be good for her. Men need women, and women need men. This is what we are trying to protect.

If we did not remind people that this is a deviant trend, are we willing to see how the next generation is going to look like?

This fatwa is intended to bring about good. Even though it is advice and guidance for Muslims, it is actually suited to the universal values of other religions.

Does Judaism, Christianity, Hinduism, Taoism, or Buddhism allow lesbianism?

Q: Do you consider homosexuality to be a ‘contagious disease’?
A: If we look at Eastern Europe and some states in the United States, there is a move to legalise these things there, from pressure groups or international organisations. But this is a social movement. We are looking at the issue from a religious perspective.

NGOs in Malaysia’s who held demonstrations protesting this fatwa were largely non-Muslim – the people behind the demonstrations. That’s why I want to ask: In their religions, is lesbianism allowed?

Q: Maybe you are mistaken in thinking that they are objecting to your stand against homosexuality. Perhaps they are objecting to your restricting women’s rights to choose their own clothes.
A: If that is true, then that means they don’t understand the real issue.

The issue of pengkid is not just clothes. We have stated clearly that among the characteristics of a pengkid is the dressing. What we are discussing now is pengkid.

Q: Let’s look at khalwat (close proximity) raids. When enforcement officers suspect khalwat is taking place, they knock on the door in the middle of the night. The occupants of the residential unit, who are not up to any mischief, are sleeping. They are all chaste girls and there are no men hiding in the unit. But the enforcement officers barge in and start taking photos of these girls in their sleepclothes. These sleepclothes are not of the same standard of decency that a woman would wear if she were receiving guests in the daytime. But these enforcement officers take their photos in this state of undress. Isn’t this an offence? Whereas, the initial intention of the rule is different. But because the rule is there, it can be misused by an enforcement officer who has different objectives. This is the concern.
A: I think we’ve gone into a different topic. I don’t think we’re talking about pengkid anymore.

Q: This is about the repercussions of a fatwa. The niat might be good, but the application might be wrong. If we are realistic, we will admit that not all things that start with good intentions will end in goodness.
A: But we have to differentiate between principle and enforcement.
The principle of a certain law has to exist. It doesn’t mean that just because we are worried the enforcement will be wrongly applied, we don’t establish any laws.

For instance, we have the Penal Code. But there are people who misuse the Penal Code. We know that the police have been known to do this.

Q: But the police have their Standard Operating Procedures.
A: The Jabatan Agama (religious department) also has an SOP, but not a lot of people know that.

Just because one or two people masquerade as police, or there are some unethical policemen and do not observe legal procedures, does this mean we shouldn’t have these laws? What would happen to society?


We are talking about principles. We have to be clear on what is right and what is wrong. We have to do this either through codifying laws, or through a fatwa that gives guidance.

Q: Is it not possible, when issuing a fatwa like this, to add a proviso that says that the people who can guide or advise these women are only the parents and husband, and everyone else cannot disturb these women? Because if you really want to guide these women, then at least it would limit it to the people who are really involved in these women’s lives, rather than strangers who would just harrass.
A: That would not be practical or realistic at all. And it runs counter to the spirit of dakwah.
It is true that the parents, immediate family, and husband or wife have a right and responsibility to advise and protect their family members. A husband has the responsibility to protect his family. A wife has the right to advise her husband and family. But this does not mean that other people in society do not have the right in religion to correct a certain situation. In other contexts, we have such a thing as social responsibility. We cannot say, in the instance of hooliganism, that only the parents or elder siblings should admonish the child.

When it is something that can bring about ill, the person closest to the offender has a greater right and responsibility to take reparative action, but other people also have a role to play. That is the difference between seeing things from the perspective of dakwah and the western perspective of human rights.

Q: As we have seen from history, everytime society says it wants to protect women, in the end, it is the women who become victims.
A: I would like to challenge international research agencies to do a study on where women are safest.
Actually, it is women who live in a community that practises Islam that are safest. Because they are protected.
We can prove this with research. And don’t take isolated cases. Isolated cases exist everywhere.

Q: As a journalist, I go to all sorts of places in Kuala Lumpur and Malaysia. And, 99.99 per cent of the people who harass me are Malay men.
A: That’s why I said, “people who practise Islam”. Islam meaning protecting women. Those who harassed you were Malay men, but not Muslims who practise the teachings of Islam. We are talking about the teachings of Islam, not Malay culture.

Q: But laws are not for the good people, they are for the bad people. Good people, even if there are no laws, would still be good people.
A: If we had no laws, a social system that could guide and advise us, or religious teachings or fatwas, do you think this world would be peaceful?

Q: Yes.
A: What I mean is, our lives would be more secure and harmonious if there were laws and a social system that protected us. In the context of Islam, laws are Shariah (a way of life).

Q: If this fatwa is to stop homosexuality…
A: Lesbians. It’s to stop lesbianism.

Q: Why didn’t you come out with a fatwa reminding everyone that homosexuality – male or female – is wrong, and homosexuals should be advised about this. Why did you focus only on lesbians?
A: Everyone understands homosexuality and lesbianism. In the context of religion, this is a deviant practice.

But we are focusing on pengkids right now because it is a new trend that some people in society feel is not wrong. They see it as only a trend. If you only look at clothes, it might be seen as only a fashion trend.

This is what worries us.

As far as leabianism, homosexuality and zina (illicit sex) are concerned, there’s no need for a fatwa, because the rules are already clear on this. I think everyone already understands this. And all the provisions exist in law.

A fatwa focuses on new things where society is uncertain of its rightness or wrongness.

As a result of Jakim’s study, we concluded that this is a trend that our society seems unclear on, and even Muslims think it’s a normal thing. And this is something we are concerned about, because it can influence our children.

Q: You don’t think it’s a problem when, instead of casting your gaze downwards (from looking at people from the opposite sex), you are looking at the way a woman is dressed and assessing whether her clothes are too tight or too manly?
A: Actually, we don’t have to stare; it possible to see with just one glance. (laughs) Staring at a woman is a separate sin.

Q: Isn’t it that in Islam what is important is what is inside – your substance – instead of what you are wearing? Your niat is the most important, isn’t it?
A: That’s incorrect. Your interpretation is wrong.
Yes, it’s true that there is a hadith which says that our actions are judged based on our niat, and there is another hadith that says that Allah looks at our hearts. That’s because iman (faith) rests in the heart; and the Allah’s acceptance of our actions is based on our niat. That is the way Allah judges us.

But, in life, we are also bound to the principle that humans judge based on what humans can see. What is hidden can only be judged by Allah.
For instance, even if I cover all my aurat perfectly, like today when I am wearing the baju Melayu, but if I have an evil heart, even though I am dressed like a true Malay, or true Arab, or true Indian, I would still be a sinner because of my evil heart. That is one way Allah judges you, according to what is in your heart.

But Allah also judges you on your actions. In this context, there are things that are forbidden and things that are encouraged.

In dressing, for instance, the question of intention is one thing.

If I were to dress in such a way that exposed my aurat, even though my intentions are good, it is still an offence. The same as if I am properly dressed but have bad intentions. I have still done wrong.

You are judged on what is in your heart and how you translate that intention in your actions.

Q: Is it possible that there is a misunderstanding that a woman who dresses as a man will become a lesbian?
A: It looks as if we are only discussing clothes today.

Q: This is the thing that has created uproar in the month since the fatwa was announced.
A: But in the fatwa council’s discussion about pengkid, we spent less than five minutes talking about dressing.
If you look at our explanation on the issue, you’ll see that “pakaian” (clothing) is only mentioned a couple of times.

Q: But that paper is not issued to everyone. That is why this misunderstanding could have occurred. I myself looked all over the Jakim website for it.
A: We haven’t had a chance yet to explain the fatwa.

Q: But it’s been a month since the fatwa was announced.
A: When we announced the fatwa, we did try and explain it, but during the question and answer session with the Press, what they focused on was the issue of dress. Society has been misled by the media that is biased and prejudiced. This is not fair to the fatwa council.

Q: In one month, there has been no clear explanation of the fatwa. And so, it is not surprising if people are angry, because they do not understand the fatwa. And one month of no explanation isinexcusable.
A: Why is the media only just meeting us after one month? That has to be answered.

Q: I have been trying to see national fatwa council chair man Prof Datuk Shukor Husin for a while now.
A: Well, unfortunately, he’s been rather busy, visiting three countries and only just came back (two weeks ago).

But to completely put the blame on the media would not be right either.
We make only the decision of the fatwa available to the public. But for researchers or academics, they can come for the detailed explanation and get it at any time. In fact, there are so many of these people, that we can sometimes barely attend to them. But even so, we are always very glad when people come to study the fatwas and ask how they are decided.

Q: How is a fatwa decided?
A: At Jakim, the process is based on studies. We prepare a research paper. If the issue concerns Shariah ,we bring it to the panel that studies shariah issues, which consists of muftis and academics who are not Jakim staff and who are free to voice their opinions. We also have women.

Q: When deciding on this fatwa, were there any women involved?
A: After undergoing that process, we then bring the matter to the national fatwa council committee. We also have women in this committee, but not many people know this.

But the issue is not whether the fatwa was brought out by men or women. What is important is that research is done in a comprehensive manner. If a person is an expert, we invite that person to contribute.

Q: If a matter involves women, women should at least be consulted. Because Puan Najibah (the Jakim public relations officer) and I,for instance, both know that even if we were to dress up as men, we wouldn’t be attracted to women. If I were to dress you up in a baju kurung, do you think you might be attracted to Ustaz Zakaria (his special officer)?
A: (laughs) Oh dear, this is starting to feel like a court room.
Don’t forget, even though we might not be attracted to people from the same sex, they might be attracted to us.

Q: Well then, you shouldn’t dress like a man, otherwise I might be attracted to you…
A: Well, that would be in keeping with our fitrah. If women liked men, and men liked women, that is fitrah, and it can be legalised through the institution of marriage.

Q: What would happen if you dressed as a man, and a gay man was attracted to you?
A: That would be a different sort of crime.
That’s why I keep repeating, it’s not all about the clothes.
A man could seem extremely masculine, but in reality he is gay. What is at fault is not his clothes, but his homosexual behaviour.

Q: Surely you can see how, from a fatwa that had a good niat, in just one month it could be interpreted in so many different ways. That is the nature of mankind, to misinterpret things. And we haven’t even got to the enforcement stage yet.
A: We aren’t talking about enforcement yet. If the matter gets to an extreme level where, if we do nothing, the homosexual and lesbian culture becomes widespread, we might have to have enforcement. We are trying to save society.

Q: Let’s say if I were to dress like my photographer just now, and I get harassed by people because of this fatwa. What is my right? I’m not talking about enforcement by law, but enforcement by society.
A: If we talk about enforcement, it’s only the legal authorities, who have been given enforcement powers. People who have not been given enforcement powers are breaking the law if they try to do the enforcing. There are provisions to deal with those kinds of people.

Q: Is anyone going to be given the powers to enforce this fatwa if it is gazetted?
A: We already have religious department enforcers. In any case, at this moment, we have in the law what is called musahaqah. That is, when a woman has sexual relations with another woman.

(The penalty for this offence is a fine of not more than RM5,000 or imprisonment of not more than three years, or whipping of not more than six lashes, or a combination of any of these).

So far, there hasn’t been a case yet, but surely we’re not going to wait for this problem to arise before we do anything. We hope it won’t ever happen, but whatever that might lead to crime must be stopped. The same with any crime. If you study criminology, in any criminal system, if something can lead to a crime, there will be laws in place that will prevent this.

Q: But in the criminal system, a person is only penalised when he has committed the offence and is proven to have committed the offence.
A: That is another matter.
But if it is an act that may lead to a criminal act, in any criminal system, whether in the east or the west, there will be a system that will obstruct it.

For example, you need a licence to own a firearm. If you don’t have a licence, you can be penalised. This is to prevent a crime from happening.

Q: Can clothes be a weapon that can lead to a crime? The reason I keep coming back to this issue is because it is part of the wording in the fatwa. And, it is actually quite possible that people will forget the initial intention of the fatwa was to curb lesbianism, and focus solely on harassing women who seem to be dressed like men.
A: I think we have become stuck in a western values trap that makes the dresscode an excuse to denigrate our religion and values.

Q: But it is not westerners who are going be the main cause of the problem. It will be easterners like us.
A: I meant in the way we think. We are thinking about fiqh and unhealthy practices, and we have fallen into this trap. We have to look at it from the right perspective. We should prioritise the implied meaning of the fatwa.

Q: If everyone we were dealing with were all good men and women, this wouldn’t be a problem. The problem arises when there are people who do not think logically or rationally.
A: We will deal with that with the values and laws that already exist. If someone infringes on the rights and privacy of another person, I think we are not short on laws to deal with that.

Q: What if someone says, “Oh but the fatwa says I must advise or admonish you,” but the focus of admonishment is something altogether different?
A: Does the fatwa says that all people must be involved in this? The fatwa determines the principle, as a guideline for family members, educators. If we do not create this awareness, I cannot imagine what the character of Muslims or non- Muslims will be like in the future. Will Kuala Lumpur be another Bangkok or Helsinki?

We want our own Malaysian identity. Particularly as Malaysia is a Muslim country. We are admired for our strong faith, and for the moderate approach that we practise. It is a model for the entire 56 OIC (Organisation of the Islamic Conference) member countries.

Q: Is lesbianism or homosexuality a ‘contagious disease’?
A: Do we want to wait for it to be of disaster proportions before we take action?
Looking at the current reaction, it will become a disaster if we don’t do something now.

Q: But if you go to western countries, it doesn’t appear to be something that’s ‘contagious’.
A: Can you prove that it isn’t?

Q: Can you prove that it is?
A: We can prove it. Because it spread to this country. That’s proof that it’s contagious. That’s dangerous.

Q: Did it come here, or was it already here?
A: If each ethnicity practised its traditional culture, the issue of pengkid would not arise. Look at how traditional Malay women dressed, and look at how Indian and Chinese women dress. Looking at just the ethnic elements and not the religious ones, you can tell an Indian woman from an Indian man from the way they are differently dressed according to their tradition.

Just like Muslims, if we all observed the pure and clean elements of our culture, the issue of pengkid would not arise.

Q: When would you say this problem came to Malaysia?
A: It’s been around quite a while. But it was imported.

Q: Is it bad because it was an import? Islam was imported in to this country, too.
A: That’s true. Something is not bad just because it is an import. What matters is whether it has positive or negative values. If we import nano-technology, for instance, then that is an example of a good import.
For Jakim, which is an Islamic institution, what is not a good import is anything that contradicts the teachings of Islam.

All people of any religion or culture should be worried about this problem, because it can bring about social decline. Why should it be just Islam that has to do this battle? And why are people looking askance at us, whereas we are trying to save all of society?

If people of other religions also obeyed this fatwa, I’m certain it will bring good to Hindus, Buddhists and so on.

We are talking from the perspective of religion. Is what we have outlined from the Islamic perspective not good for Malaysians who are not Muslim?
If we respect this fatwa, will it visit harm on Muslims?

I would like non-Muslims in Malaysia to understand that the teachings of Islam is for the good of all.

People should realise that if the application or enforcement of a law is flawed, it is the fault of the person who is enforcing, and not the law itself. Because otherwise, does this mean we should abolish moral law?

When people question why should there be people to decide what we can wear, they are no longer questioning the enforcement of the law anymore, but the law itself.

THE FATWA

"PENGKID, that is, women who have the appearance, mannerisms and sexual orientation similar to men is haram in Islam. We urge parents and the Muslim community to pay serious attention to this problem. Emphasis should be on teaching and guiding young girls, especially on the aspects of their clothing, behaviour and appearance, so that this problem may be avoided because it runs counter to their fitrah* and Allah's way."

* Fitrah is the innate natural sexual inclination that each human is born with and which does not change. In Islam, if a person is born male, he is masculine and is sexually attracted to women; and if a person is born female, she is feminine and sexually attracted to men.

The Star - In a Twist Over Fatwa Ruling

Sunday, 30 November 2008

By HARIATI AZIZAN A fatwa is ‘an answer to a question’ when there is doubt on whether or not a particular practice is permissible in Islam. But the question is whether it should be a spiritual guideline or a tool to criminalise the offender. IN 1997, two contestants of the Miss Malaysia Petite contest were fined by the Syariah High Court in Kuala Lumpur for breaching a fatwa or religious edict which prohibits Muslim women from participating in beauty pageants. They were charged under Section 9 of the Syariah Criminal Act (Federal Territory) 1997 which carries a maximum RM3,000 fine or two years jail upon conviction. In Selangor, three other contestants from the same beauty pageant were brought to trial for violating a similar fatwa. They were charged under Sect 2 (C) of the Syariah Crimes Enactment Selangor 1995 that also carries the same penalty. Arrested in a raid conducted during the pageant, the young women were handcuffed and thrown in the lockup. Unsurprisingly, their stories were splashed on the front covers of the newspapers the next day. The incident attracted a range of public response, from disbelief to dismay. A grouse was the lack of transparency in the edict – many were not even aware it existed. Siti Suheila: ‘When we are strong in our religion, why would we want to deviate? Others were appalled at how the authorities conducted the enforcement. Even the then Prime Minister, Tun Dr Mahathir Mohamad, commented that the action taken against them was harsh and degrading, for which he was labelled a murtad (apostate) by certain muftis. Since then, various fatwas have been issued but none has been as explosive as the recent fatwa on the ancient Indian form of exercise, yoga. The reactions it drew were so emotional that it led to the Department of Islamic Development Malaysia (Jakim) director-general Datuk Wan Mohamad Sheikh Abdul Aziz – in an attempt to draw the line – to retort, “Can we appeal to God to change the rules according to our whims and issues?” Then three royal houses and the PM had to step in to command calm among the public. The Sultan of Selangor Sultan Sharafuddin Idris Shah lightly rapped the council for not consulting the Conference of Rulers before issuing the controversial edict. He said in a press release that he hoped that in the future, any fatwa on an issue that affects the general public would be referred to the Rulers Conference prior to being announced. “This is to ensure that the method of channelling a fatwa is implemented in a wise manner to avoid any confusion or controversy,” he said. One cause for confusion, says religious adviser to the Prime Minister, Tan Sri Dr Abdul Hamid Othman, is because many do not understand what a fatwa is. Fatwa can be defined linguistically as “an answer to a question”, he explains, “but the question is on an issue concerning the life of the Muslims. A fatwa is usually declared when there is some doubt whether a particular practice is permissible (halal) or forbidden (haram) in Islam.” The National Fatwa Council, he adds, has been entrusted to deliberate on these “questions” in depth and come out with edicts on them. And in an evolved world like ours, he adds, such a council plays an important role in providing “guidelines” for these grey areas to Muslims. Non-Muslims, he stresses, have nothing to fear as fatwas do not concern them. As Islam is a state matter in Malaysia, the fatwa has to be gazetted by the individual states before they have a force of law. Once it is law, it is a crime to dispute, defy or disobey the fatwa underr the Syariah Criminal Offences Enactments. However, stresses Dr Abdul Hamid, even though it has not been gazetted, a religious ruling should be respected as a ruling when it is declared, as learned scholars of Islam have deliberated on it before it is declared. And herein lies the confusion. Says Syariah lawyer Sa’adiah Din, the religious authority often treats the fatwa as absolute when there should be an avenue for the public to question and voice their concern on the matter before it is gazetted. “For instance, at this juncture, people should be able to go or write to the council and submit their opinion in a memorandum or write to the council to voice their views on the yoga fatwa,” she says. Sa’adiah opines that even an edict that has been gazetted can be challenged under the rule of law. “A fatwa ruling is not divine and those who feel that they have a strong case can dispute the fatwa by filing a challenge in the Syariah High Court to prove that it is unenforceable or unIslamic,” she says, adding nonetheless that no such case has been filed. Islamic non-governmental organisation (NGO) Jamaah Islah Malaysia (JIM) president Zaid Kamaruddin concurs. “A fatwa is a recommendation which the council had to deliberate on based on their findings. Although it carries weight as an edict, like any other government decision, we can question it, voice our opinions, but maybe because it is a religious edict, people are more sensitive about it,” he says. Zaid recalls the fatwa on smoking that was gazetted in a few states in 1995, “Interestingly, that did not cause this much of a hullabaloo. I think the environment we find ourselves in now has changed – we have more access to information, people are more aware of their rights – that is why more came out to voice their opinion on the yoga fatwa. The National Fatwa Council has to accept this and change its method of dealing with the public.” Pas research chief Dr Dzulkefly Ahmad agrees that the council should have communicated the ruling better. “They should not have made a blanket ban but laid down what is or is not permissible about yoga. This allows a Muslim to be critical of their own faith and empowers them to make judgments based on convictions.” Many agree that the council needs to be more open about its grounds for the fatwa. As declared by council chairman Datuk Dr Abdul Shukor Husin, the declaration of yoga as haram was done after serious and in-depth discussions among the council members who met in October. He said that after studying the matter, including the history and purpose of yoga, the council decided that it was inappropriate for Muslims as it could affect one’s faith. The few yoga instructors Sunday Star interviewed, however, remain unclear on how the research was conducted. A long-time yoga instructor, Datin Suleiha Merican, 56, is one who would like to learn more about the council’s reasoning and arguments for its fatwa on yoga. “I want to know how they came to that conclusion. Did they visit the classes to see for themselves? Or did they visit Hindu temples? I have been practising yoga for the past 40 years and I don’t understand why they say practising yoga could cause Muslims to deviate from the teachings of Islam. “When we are strong in our religion, why would we want to deviate?” says Suleiha who says no one from the council had contacted her for feedback or visited her classes. Suleiha, who runs the Maya Yoga Studio which has hundreds of students in Damansara Perdana, Kuala Lumpur, describes yoga as a science of health that has nothing to do with religion. “There is no conflict at all as yoga is not religion-based. In every part of the world that I have gone to, including Iran and Saudi Arabia, there are many Muslims who are yoga practitioners. It has also been proven that yoga can help in various health problems such as headaches, sinusitis, migraines and back pain,” she notes, adding that hospitals around the world are now offering yoga as an alternative therapy. When contacted, Dr Abdul Shukor declined to comment. Abdul Hamid nevertheless assures that every research conducted before a fatwa is decided is thorough. “For example, on the latest issue, yoga, the researchers would have followed a few yoga sessions and talked to instructors and practitioners before they presented their findings to the council,” he says, noting that the research is done discreetly, hence, not many know about it. “It is definitely not done hastily, the research is done thoroughly before we deliberate on an issue. We just don’t publicise it,” he remarks. Sa’adiah proposes that an open public discussion be conducted before any edict is even announced. “The council should have a majlis shura (discussion) before deciding on any problem. They can invite experts in the relevant areas, not just religious experts, and members of the public. The findings then need to be published, stating the grounds for the fatwa clearly so that people will understand before it is gazetted,” she argues. Islamic NGO Sisters in Islam, however, feels that the Government should review the fatwa as an instrument of mandatory and binding rule in Malaysia. “Our call is made on the grounds that fatwa having the automatic force of law has no basis in Islamic legal theory and practice. It conflicts with the federal constitution and often, the decree causes confusion,” says its programme manager (Research and Publications), Masjaliza Hamzah. She highlights that Malaysia is one of the few countries, if any, to make fatwa legally binding. “We are not anti-fatwa but in other parts of the Islamic world, Islamic jurisprudence and history of Islam, fatwa has never had legal standing. They don’t criminalise someone for going against a fatwa as is practised in Malaysia,” she says. A fatwa, which regulates a citizen’s life to the smallest detail, is so wide in its impact that it becomes unenforceable, Masjaliza adds. “Such laws could only lead to select prosecution and victimisation, as they cannot be enforced fully and equally. Don’t get me wrong, we can still have a central fatwa-making body to provide guidelines for the people but we don’t have to make it a criminal offence to go against a fatwa.” Dr Abdul Hamid, however, disagrees. “Going against a fatwa is a crime because it is a crime against religion. When you believe in Islam you are bound by its laws. For example, you can’t walk around naked in public,” he says.

Sunday February 22, 2009
When private life becomes public
Stories By HARIATI AZIZAN, JOSEPH LOH and RASHVINJEET S.BEDI

Politicians face high expectations from the people and their personal lives often end up under the microscope. What rules apply when you are young, single and a woman?

PERHAPS social commentator and law lecturer Prof Dr Azmi Sharom captures it best when he says, “I don’t know what the issue is. Everybody has genitals and people have sex. Malaysians just have to grow up and get used to it.”

But as the past week has shown, in a conservative country like Malaysia, it is an issue. And when you are a public figure, it is an even bigger one.

Despite the overwhelming support from all factions, including her constituents, Bukit Lanjan assemblyman Elizabeth Wong is resolved to withdraw from office after intimate pictures of her were circulated in the public realm.

As she revealed in her press statement before taking refuge from the public glare: “I have been informed that they will continue to publish even more lewd graphical, sensational stories of my private life.

“I have also been told there will be a fresh assault, with more photographs and videos released and circulated in order to completely degrade and bury me.”

The case has again brought under the microscope what is acceptable and not for the public and the private conduct of a leader.

More importantly, for right and wrong, it has raised questions on the public figure’s ability to do his or her job.

For some, it is as simple as the popular maxim, “You can’t continue in power when you have been seen naked.” For others, it is a more complex issue of values and morality.

Whether Wong has transgressed any code of conduct for politicians – specifically in matters of sexual relationships – is still up for debate in certain quarters. For most, however, the do’s and don’ts of public life, are crystal clear.

Holier than thou

As academic Prof Emeritus Tan Sri Dr Khoo Kay Kim explains, it depends on whether Wong is a victim.

“If she was taken advantage of – anybody can sleep naked in his or her room and be photographed by someone – she can’t be blamed. But if it was consensual, the implications will be different.”

In the West, he adds, sex is not a big deal but in our society, it is still a thorny issue, particularly pre-marital sex.
Out in less than a year: There was jubilation on the night that PKR’s Elizabeth Wong, seen here with Dr Mohd Nasir Hashim who won in Kota Damansara, became the new Bukit Lanjan assemblyman on March 8, the eve of her 38th birthday.

As public figures and representatives of the people and government, politicians are expected to follow an unwritten rule of decorum, he says.

“In the Malaysian society, you are representing the community. The moral values of the Malaysian society are quite clear.

“When someone decides to be a politician, it is a choice, they are not forced, so, that person has to ensure that he or she will always preserve their integrity to the hilt. If one cannot do this, one shouldn’t become a politician,” he opines.

He believes that although politicians have a right to their personal life, they have to forsake their privacy.

“I believe that a person who becomes a leader has no right to a private life, he or she is answerable to the voters who elect them and give them the mandate to represent them. The politician is not an ordinary individual anymore,” he says.

Ibrahim Suffian, the programme director at Merdeka Center for Opinion Research, agrees that Malaysian society to a large extent has a conservative view when it comes to pre-marital sex.

“This sets the tone on how people should behave and leaders are expected to reflect those values. I’m not saying that those people subscribe to those values, but they have an idea on how leaders should behave,” he says.

Dr Ahmad Fauzi Abdul Hamid, associate professor in Political Science at the School of Distance Education, Universiti Sains Malaysia, concurs.

Malaysia is a modern enough society not to impose any strict moral code, he points out, “But every ethnic group in Malaysia highly values customs and traditions which place the family as an integral part of society. As such, any peccadilloes that undermine the family institution is deservedly frowned upon.”

Hence, he stresses, single representatives should safeguard their modesty in all undertakings, notwithstanding the culturally relative understanding of ‘modesty’.

“If they choose to be single, there is no way out of the ‘moral safety’ net. The best way out is to begin a family,” he suggests.

Double standards

The social permissiveness that we find in the West is not necessarily for us to emulate, argues Dr Ahmad Fauzi,

He says that Wong should not expect the society to be as liberal as she might like it to be. Herein, lies the point of contention.

Many, like Azmi, believe that Wong has not done anything wrong.

“She is innocent of any crime so I don’t know what the issue is. At the end of the day she has not broken any law.”

Azmi also stresses that Wong’s case is different from that of former Health Minister Datuk Seri Dr Chua Soi Lek.

“He is a married man so there is the question of betrayal of his family and wife. Still, personally, I believe that what happened was strictly between him and his wife and family, it’s not our business.”

He says calls for Wong’s resignation reek of hypocrisy in politics.
Mystery man: Hilmi Malek is still missing.

“Some politicians can do anything – have sex with minors, get caught having affairs, transport millions of money illegally across borders – and despite all of this, manage to bounce back.”

All Women’s Action Society (Awam) president Sofia Lim Siu Ching argues that it reflects Malaysia’s attitude towards female sexuality.

“That there is a higher moral standard for women’s sexuality as opposed to men, more so for young, single women, is obvious and universal; a ‘good girl’ is one who stays chaste, and therefore pure and untainted, until marriage.

Any woman who transgresses these norms is punished and accused of being immoral, or going against ‘Eastern values’, as has been levelled at Elizabeth Wong,” she notes.

A single, youngish male MP who wants to remain anonymous says although he still has to be discreet about his relationships, he is less presurred to keep his “list of conquests” a secret or settle down and start a family.

Citing MP for Batu Gajah Fong Po Kuan, who was constantly derided for her marital status before she tied the knot, as an example, he says, he never had to answer for his single status in Parliament.

“Even if you are married – for the Muslim MPs – because you are allowed to marry more than one, having a girlfriend or more is not taboo. It is only wrong if you are caught for khalwat (in close proximity) or zina (extra-marital sex) with a woman,” he shares.

Woman activist Jac S.M. Kee from the Association of Progressive Communications, Women’s Networking Support Programme (APC WNSP), strongly believes that the only morality rule that should apply in the case of Elizabeth Wong are the principles of autonomy, self determination and privacy.

“As can be seen by the vocal support from a huge number of her constituents, she is not only capable, but has been exemplary in performing her duties. The only problem with this instance is the whole idea of women’s bodies and ideas of shame. That a woman’s body is not her own and belongs to the public, and therefore the public can decide when this body is no longer acceptable. If we are serious about having a democratic country, where each Malaysian has a right to self-determination and active participation in social and political life, then we must reject such notions completely,” she says.

Kee urges everyone, especially the authorities, to focus on the real issue.

“This is about the protection of the right to privacy and autonomy for each and everyone of us. Invasion of privacy must end. Whether it is by Rela officers snapping pictures of women held in custody, or by hotel staff trying to make a quick buck, or by the people in our lives breaching an agreement of trust. We have to make a loud and collective rejection of such practices.”

Echoing her, Lim stresses that what people do behind closed doors is their business, and politicians are no exception.

“The right to privacy is a fundamental human right for all. Society views “immoral” people are not fit to hold public office. But we in Malaysia have double standards and warped ideas about what is immoral. Will similar righteous fury be unleashed on the corrupt, inept and even criminal politicians?” she questions.

Sunday February 22, 2009
Need for tougher laws against invasion of privacy


PETALING JAYA: A picture may paint a thousand words but a photo can cause someone’s downfall.

With the advent of technology, everyone is at risk of being a victim and having his privacy invaded. Sadly, our laws are inadequate in dealing with these breaches of privacy.

Those who abuse the technology can get away with their crime easily and existing laws are too general or lenient, says the Malaysian Bar Council.

The law is so inadequate that the council has resorted to appealing to the public to take personal responsibility to delete information and materials that infringe on individual privacy to curb the crime.

“It is going to be a bigger problem as gadgets are evolving rapidly and growing more accessible, hence we need a specific law that can curb the crime,” said Sonya Liew, who is heading the initiative for privacy in the council’s Human Rights Committee.

Many past cases and the recent case involving Bukit Lanjan assemblyman Elizabeth Wong have proven how inadequate our laws are in protecting us from getting our privacy violated, she added.

“Currently, we don’t have a specific law to charge anyone taking a photo or videotaping someone in a compromising position. All the relevant sections under the Penal Code are related to the distribution and possession of the material,” Liew said.

Citing former Health Minister Datuk Seri Chua Soi Lek’s sex DVD case, she said the police were only able to nab those caught in possession of the video or distributing it.

“It was difficult for them to prove who installed the hidden camera at the hotel he stayed at and they could not take action against the hotel for trespassing as we have no privacy law,” she said.

Another case in point is the recent case in Johor where a man was fined only RM100 for taking a picture of a young girl urinating at a public toilet with his handphone camera.

Women, Family and Community Development Minister Datuk Seri Dr Ng Yen Yen conceded that the penalty was laughable and would not deter future offenders.

“I want a study of this case and I have sent instructions to my law officer and the ministry’s legal department. I think it is too minimal, and it should be reviewed to be appropriate with the times and the damage it can cause. It should be substantial enough to deter (future offenders), and a serious investigation should be done to get to the bottom of it. When I have the report, I will take it to the relevant authorities,” she added.

Liew said that unless there was an Act which recognises the right to privacy, it would be difficult to deal with the intrusion of privacy.

“There are snippets here and there that deal with privacy in the Penal Code and Minor Offences Act but we don’t have a comprehensive Act that deals specifically with privacy issues. So, this may be the right time to enact a privacy Act,” she said, adding that privacy was not even recognised in the Constitution.

Sunday February 22, 2009
Need for tougher laws against invasion of privacy


PETALING JAYA: A picture may paint a thousand words but a photo can cause someone’s downfall.

With the advent of technology, everyone is at risk of being a victim and having his privacy invaded. Sadly, our laws are inadequate in dealing with these breaches of privacy.

Those who abuse the technology can get away with their crime easily and existing laws are too general or lenient, says the Malaysian Bar Council.

The law is so inadequate that the council has resorted to appealing to the public to take personal responsibility to delete information and materials that infringe on individual privacy to curb the crime.

“It is going to be a bigger problem as gadgets are evolving rapidly and growing more accessible, hence we need a specific law that can curb the crime,” said Sonya Liew, who is heading the initiative for privacy in the council’s Human Rights Committee.

Many past cases and the recent case involving Bukit Lanjan assemblyman Elizabeth Wong have proven how inadequate our laws are in protecting us from getting our privacy violated, she added.

“Currently, we don’t have a specific law to charge anyone taking a photo or videotaping someone in a compromising position. All the relevant sections under the Penal Code are related to the distribution and possession of the material,” Liew said.

Citing former Health Minister Datuk Seri Chua Soi Lek’s sex DVD case, she said the police were only able to nab those caught in possession of the video or distributing it.

“It was difficult for them to prove who installed the hidden camera at the hotel he stayed at and they could not take action against the hotel for trespassing as we have no privacy law,” she said.

Another case in point is the recent case in Johor where a man was fined only RM100 for taking a picture of a young girl urinating at a public toilet with his handphone camera.

Women, Family and Community Development Minister Datuk Seri Dr Ng Yen Yen conceded that the penalty was laughable and would not deter future offenders.

“I want a study of this case and I have sent instructions to my law officer and the ministry’s legal department. I think it is too minimal, and it should be reviewed to be appropriate with the times and the damage it can cause. It should be substantial enough to deter (future offenders), and a serious investigation should be done to get to the bottom of it. When I have the report, I will take it to the relevant authorities,” she added.

Liew said that unless there was an Act which recognises the right to privacy, it would be difficult to deal with the intrusion of privacy.

“There are snippets here and there that deal with privacy in the Penal Code and Minor Offences Act but we don’t have a comprehensive Act that deals specifically with privacy issues. So, this may be the right time to enact a privacy Act,” she said, adding that privacy was not even recognised in the Constitution.

Poor privacy protection in Malaysia, says Privacy International
Published by Centre for Indepedent Journalism January 17th, 2008 in Malaysian NGOs.

Press Release For Immediate Release
17 January 2008

Poor privacy protection in Malaysia, says Privacy International

KUALA LUMPUR: Malaysia scored miserably in the international ranking on privacy for 2007 mainly due to the continued use of the Internal Security Act which allows for police search and seizure of evidence without a warrant, the installation of closed-circuit television (CCTV) and the use of biometrics to monitor immigrants in an environment where privacy laws
and data protection do not exist.
In the International Privacy Ranking released on 28 December last year, Malaysia shared the last spot with China and Russia and categorised as “endemic surveillance societies”. This position (at an index of 1.3) is also shared with the Philippines, the US, Taiwan, Thailand and Singapore. Greece topped the European Union category as the best in privacy
protection scoring 3.1 out of 5 (”Adequate safeguards against abuse”), while Canada topped the international category with 2.9 (”Some safeguards but weakened protections”).

Malaysia’s poor record in privacy protection was said to be because of the absence of right to privacy in the constitution and other laws. Instead, there is interception authorised by the attorney general, the use of identification schemes (Mykad and the biometric), and the installation of CCTVs with no privacy safeguards. The report also said there is a “plan to implement a citizen data hub across government departments to keep information on individuals’ backgrounds, education, and health records.”

The Centre for Independent Journalism executive director Gayathry Venkiteswaran said there is generally very little appreciation for privacy and data protection in Malaysia, and individual information is easily available to the authorities and other parties. The Mykad has the capacity of holding personal details and banking information and private mobile numbers are easily obtained by sales people of any service or product without prior approval of the individual. Loan applicants are subject to a credit worthiness check supplied by a private company that could potentially blacklist individuals, also without their knowledge.

However, this situation contradicts the existing legal structures that promote secrecy in public decisions.

“On the one hand, individual information is not protected and can be use virtually by anyone for any purpose, but the authorities protect public interest information such as development deals, concessionaire agreements and consultancy agreements secret under the Official Secrets Act,” she said, referring to cases in Malaysia where the public have been denied information on water and health privatisation and toll concession deals because of the OSA.

The ranking has been jointly conducted by the US-based Electronic Privacy Information Center and the UK-based Privacy International since 1997. It surveys developments in 70 countries, assessing the state of surveillance and privacy protection. The report and other information can be accessed at this URL address: http://www.privacyinternational.org/index.shtml.

The Centre for Independent Journalism, Malaysia (CIJ) aspires for a society that is democratic, just and free, where all people enjoy free media and the freedom to express, seek and impart information. While calling for the abolition of repressive laws, CIJ also advances the need for a freedom of information legislation supported by sufficient privacy
protection for Malaysia.

Issued by Centre for Independent Journalism.

For more information, please call Gayathry Venkiteswaran, Executive
Director at 03 40230772

Centre for Independent Journalism (CIJ)
27C Jalan Sarikei, off Jalan Pahang
53000 Kuala Lumpur
Tel: 03 4023 0772
Fax: 03 4023 0769

Cyber Privacy Law on the Net
18th November 2000 (The Sun)

Kuala Lumpur, Fri: A new cyber law to protect consu,er privacy is likely to come into force next year. The proposed Personal Data Protection Act breaks new ground not only in cyber-privacy but also in law-making. "The draft of the bill is already posted on my ministry's website," Energy, Communications and Multimedia Minister Datuk Amar Leo Moggie told The Sun today after witnessing the signing of an energy conservation project agreement. The bill would be tabled in parliament sometime next year, he said but would not be more specific.

This is the first time a draft bill is posted on the web for public access, scrutiny, comment and feedback before it is sent back to the Attorney-General's Chambers for the final drafting, according to ministry sources. The ministry took the draft to cabinet to be declassified before uploading it on website so as not to contravene the Official Secrets Act, they said. "The law is based on the basic principles of transparency and clarity; more competition and less regulation," they added. They said apart from posting it on the net for public comment, industry and consumer groups and individuals have been invited for consultations. these have been held in the Klang Valley, Sabah and Sarawak. The next round will be in Penang.

Wendy Liew, who heads Pikom, the computer and multimedia industry association, said it will submit its views officially soon. The draft, which runs to more than 80 pages comes in 14 parts and five schedules, is expected to remain on the ministry's website till end of the year. Its chief aim is to regulate the collection, possesion, processing and use of personal data by any person organisation so as to safeguard individual privacy. It also aims to establish a set of common rules and guidelines on handling and treatment of personal data by any person or organisation.

According to the Ministry, the legislation is envisaged to be a world-class leading edge cyber law that provides for higher level of personal data protection. It also seeks:

*
provide adequate security and privacy in handling personal information;
*
create confidence among consumes and users of both networked and non-networked industries
*
accelerate uptake of e-commerce; and
*
promote a secure electronic environment in line with Multimedia Super Corridor (MSC) objectives.

The rationale, the ministry said, is to promote Malaysia as a communications and multimedia hub where the national adoption of e-based transactions is expected to be high.

Aru's escape hatch from bigamy claim
By Frankie D'Cruz February 11, 2009 Categories: News

Parti Keadilian Rakyat’s assemblyman from Kedah, V. Arumugam, is believed to have hatched a plan to resign his post to crawl out of a morality wormhole.

His strategy: Resign as Bukit Selambau State assemblyman and pin the blame on the Barisan Nasional for pressuring him to cross over.

Then, declare that he was offered RM5 million to defect. Then, make a police report alleging an attempt to kidnap him and threats to his family and support staff.

Arumugam, 55, who was also a State executive councillor in the Pakatan Rakyat-led Kedah government, is now under fire from both his party and BN leaders.

A PR leader told Malay Mail yesterday that it was a lame excuse for a man who was embroiled in a morality issue for allegedly marrying another woman through customary rites without divorcing his wife.

PR leaders said they were having problems explaining his sudden disappearance as no one believed he was a BN target.

Arumugam is thought to be in India to “think things over”.

A PR leader, who requested anonymity, said: “Arumugam doesn’t have the calibre or credibility to command RM5 million to defect to BN.

“He’s not a people’s man. He was just there by default,” he said. “He’s not a hero. He is in this dilemma because his wife lodged a report accusing him of bigamy. He did himself in.”

BN leaders say his resignation was a ploy to enrage the voters of Bukit Selambau and punish BN during the by-election.

“Arumugam was never a notable State assemblyman and we are shocked at the insinuations that such a huge sum was offered to a nobody to cross over,” said the source.

“Why would anybody offer a nobody with hardly any influence RM5 million? He’s problemridden.”

Arumugam, sources said, had never had time for his constituents.

“The constituents hardly know him and that clearly shows that he has no experience as a people’s representative.

“So, when news of his alleged bigamy leaked out, he panicked and started blaming everyone except himself.”

Arumugam was implicated in a recent petition to the Sultan of Kedah that a married State executive councillor was involved with another woman.

The petition was submitted by a group of people claiming to represent residents of Taman Ria in Sungai Petani.

NST Online » Local News
2008/10/31
Shabery: No 'envelope journalism' here

KUALA LUMPUR: The standard of journalistic ethics in Malaysia is not as bad as many believe.
Information Minister Datuk Ahmad Shabery Cheek said yesterday the standard here was, in fact, better than in many other countries as there was no "envelope journalism" here.

"Even in countries that have greater press freedom, they practise envelope journalism where editors and journalists are given certain amounts of money for certain stories to be used on the front page or given prominent coverage," he said after launching World Development Information Day at Universiti Malaya yesterday.

"It (envelope journalism) is the norm in certain developing countries, including those which are said to have greater press freedom.

"We do not condone such corrupt practices.
"Their newspapers are free but corruption still prevails. They rank these countries with freer press freedom but when you look at the Transparency International report, corruption is still there in these countries."

However, Shabery did not want to name the countries he was referring to.

He said as far as he knew, the Malaysian media did not practice envelope journalism but were tightly controlled under the Printing Presses and Publications Act.

"Just because we have curbs on sexually-explicit materials like gay and lesbian rights or sensitive religious issues like caricatures on the Prophet, we have been unfairly attacked as having an oppressive media environment.

"We need to ensure that sensitive issues do not get out of hand and cause unnecessary social conflicts."