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

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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.

Shabery: No 'envelope journalism' here

  • Nov. 5th, 2008 at 3:15 PM
lips
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."

High-rise drama during khalwat raid

  • Nov. 5th, 2008 at 3:11 PM
lips
NST Online » Local News
2008/11/05
High-rise drama during khalwat raid

KOTA BARU: A 19-year-old youth threatened to jump off a two-storey building to escape arrest by state Islamic Religious Affairs Department officers during a khalwat raid at a budget hotel in Pengkalan Chepa, here yesterday.
A department spokesman said the youth and his partner refused to open the hotel room door after being ordered to do so by the raiding team at 9.15am.

He said after several warnings, the team heard the sound of something breaking in the room.

"We broke open the door and found a couple, fully clothed, hiding in the ceiling.

"We persuaded the girl to come down but her partner ran to the rooftop of the building," the spokesman said.
Three fire engines were rushed to the hotel after receiving a call from the department.

Fire and Rescue station chief Mahmad Fauzi Andullah said the large crowd below could have discouraged the youth from jumping.

After much cajoling by his mother, department officers and firemen, the youth came down from the building an hour later.

The youth and his 16-year-old girlfriend were detained.

'Media must self-censor'

  • Nov. 5th, 2008 at 3:09 PM
lips
NST Online » Local News
2008/11/05
'Media must self-censor'

THE government wants the media to practise self-censorship and will only use the Printing Presses and Publications Act as a last resort. Deputy Home Minister Datuk Wan Ahmad Farid Wan Salleh said the government's role was more about advising, and not punishing, the media. The media must therefore use its power and influence responsibly, he said in reply to a question from Alexander Nanta Linggi (BN-Kapit).

Student: I was under his spell

  • Nov. 5th, 2008 at 3:07 PM
lips
NST Online » Local News
2008/11/05
Student: I was under his spell
By : M. Hamzah Jamaludin

KUANTAN: It was a nightmare for a second-year nursing degree student here when she was duped and almost abducted by an Indonesian construction worker who allegedly used a charm on her.
Amirah (not her real name) claimed that she was "deeply in love" with the 33-year-old Indonesian after he gave her a silver ring with sparkling stones.

"I could no longer think rationally and would agree to whatever he asked me to do.

"I even chastised my friends when they told me not to go out with him," said the 21-year-old from Johor.

Amirah met the Indonesian, Zainol, at a bus stop in Jalan Bukit Ubi here after her classes on Oct 11.
"Zainol was very friendly and he managed to coax me to give him my handphone number. I've never given my phone number to a stranger before," she said.

Both of them later boarded the same bus as Zainol was working at a construction site near Amirah's campus.

Zainol called Amirah the same night and they agreed to meet the next day.

Zainol would ask Amirah to sniff an ointment in a small green bottle whenever she complained of having headache.

Amirah said she could not stop thinking about Zainol after that and had given him cash, totalling RM700, throughout their courtship.

Zainol had also caressed her whenever they met and had asked her to follow him to Surabaya.

However, Amirah was lucky that she met an Indonesian woman near her campus on Oct 30, before Zainol could take her to Surabaya.

"The Indonesian woman exposed Zainol's background and his ability to trick women.

"She asked me to take off the silver ring as she claimed that I was under Zainol's spell.

"She also told me that he is married with two children."

Amirah lodged a police report the next day and with the help of the university security personnel, police managed to arrested Zainol.

However, to Amirah's surprise, Zainol was released from police custody.



Amirah said she lodged another police report on Monday after Zainol sent threatening text messages to her.

Police confirmed that two reports have been lodged by the student

SMS leads to rape charges

  • Nov. 5th, 2008 at 3:05 PM
lips
NST Online » Local News
2008/11/05
SMS leads to rape charges

BESUT: A text message from a youth to a 16-year-old's mother led to the discovery that he had raped the girl several times.
The housewife confronted her daughter and found out that the last incident had taken place near a padi field in Kampung Selinsing on Oct 12.

The girl, who told her mother that the 18-year-old had raped her several times in the past, lodged a report at the Jertih police station.

Police said the SMS had stated that the youth had seen the girl's naked body. It is not known why the youth sent the message to the girl's mother.

State CID deputy chief Superintendent Khairi Ahrasa said the girl claimed that the last incident occurred after she had visited a friend's house at the village.
He said the victim claimed the suspect stopped her while she was riding her motorcycle and raped her.
lips
NST Online » Local News
2008/10/26
'Don't be cynical of idea to build Chinese mosque'

KUALA LUMPUR: Minister in the Prime Minister's Department Datuk Seri Dr Ahmad Zahid Hamidi yesterday called on the people not to be cynical about the request by the Malaysian Chinese Muslim Association (MCMA) to build mosques with Chinese characteristics.
He said society should not be narrow-minded by assuming the mosques to be built by the association were solely for that community to perform prayers.

"We do not want mosques to be identified with a certain race but for all," Zahid said, after officiating a Hari Raya function and presenting certificates and shawls of the Pertubuhan Seni Silat Gerak Kilat Kebangsaan, a martial arts organisation here yesterday.

Asked if such construction would project a negative impression among the multiracial society in the country, Zahid said: "Do mix up Malay, Chinese and Indian features, as Islam is one."

He said what was important was that mosques were free of politics.
Zahid said this when asked to comment on a proposal by Zulkifli Nordin (PKR-Kulim-Bandar Bahru) in Parliament on Thursday, that the government build a Chinese mosque in the city centre, with all activities, including lectures and Friday sermons conducted in Mandarin.

He said Muslims should not be divided after the construction of a Chinese mosque proposed for Selayang, Selangor.

"All Muslims can pray there and that is not a problem.

"We also have Masjid India and Masjid Pakistan. We are not separated and I, too, have prayed there.

"We have to have an open attitude and not be narrow in our thinking.

"So I hope our society is not cynical about their desire and support their aspirations," he said.

Meanwhile, asked to comment on the call by the imam of Masjid Negara, Tan Sri Syaikh Ismail Muhammad, yesterday for the government to have laws to punish Muslims involved in tomboyishness, Zahid said the matter needed serious enforcement.

He said the fatwa (legal ruling based on religious Muslim principles) issued by the National Fatwa Council that banned the tomboy culture of females behaving as males was sufficient and there was no need for new laws on the matter. -- Bernama

Tudung for billboard models

  • Sep. 6th, 2008 at 7:51 AM
lips
NST Online » Local News
2008/07/31
Tudung for billboard models



Muslim women in billboards must be shown in tudung under new regulations being drafted by the state government.

ALOR STAR: Muslim women featured in billboard advertisements in Kedah must wear tudung (head scarves).
State Housing and Local Government committee chairman Datuk Taulan Rasul said the state government was in the midst of introducing new regulations on the matter.

He said if the regulations were approved, companies must adhere to the ruling.

Taulan said this was an effort by the state government to preserve and respect women's honour.

"Basically, the new ruling is similar to the one which had been imposed in Kelantan since the early 1990s.
"We have implemented the regulation in phases. A giant beverage company has already adhered to the requirement," Taulan said.

Checks by the New Straits Times found that a billboard advertising Nescafe, near the Alor Star Toll Plaza (north) here, had already complied with the requirement for women to wear tudung.

In the advertisement, Fara Fauzana, a well known radio announcer with Hot FM, was pictured wearing a tudung.

"I don't see any benefit featuring women wearing sexy dresses in advertisements. Some of them are not even relevant to the product being advertised," Taulan said.

His wish for fourth wife granted

  • Jun. 11th, 2008 at 2:47 PM
lips
His wish for fourth wife granted
By : Sean Augustin
NST Online, Local News
2008/06/10

Abu Bakar Embong with his wives, (from right) Mazumi Ismail, Asnah Jusoh, Norazlina Ariffin and future fourth wife, Suhaili Alias.
Abu Bakar Embong with his wives, (from right) Mazumi Ismail, Asnah Jusoh, Norazlina Ariffin and future fourth wife, Suhaili Alias.

KUALA TERENGGANU: While the recent fuel price hike and concerns over possible increase in food prices might turn more Malaysians into thrifty individuals, the opposite is true for Abu Bakar Embong.

The 49-year-old former broker and grandfather of three from Manir has instead taken a fourth wife.

Yesterday, he promised the Syariah High Court here that he would meet the financial needs of his three other wives, as well as some of the 25 children he has with them.

He told Syariah High Court Judge Shaikh Ahmad Ismail that he could provide for his existing family as his monthly income was about RM20,000.

"I can guarantee that it will never be not enough."
Shaikh Ahmad granted him permission for a fourth wife as he had fulfilled the requirements needed under Islamic law, which included consent from the three wives, who also confirmed that their husband could support all four wives.

The wives told Shaikh Ahmad that they each had a house and car from Abu Bakar.

The judge also advised Abu Bakar to tend to the religious education of his children and to always be fair to all his wives.

His children are between 4 months and 25 years old.

His children have also approved of his plan to marry Suhaili Alias, 25. The wedding is scheduled to take place this week.

Abu Bakar's three wives Asnah Jusoh, 46, Mazumi Ismail, 45, and Norazlina Ariffin, 25, said that their husband was a loving, honest and responsible man.

"In fact, I helped arrange the proposal for the fourth wife, with the help of the other two," Mazumi said.

"We get on well and we are cooperative.

"If one of us is in labour, we will be by each other's side and every weekend we get together with the children."
lips
Clearing the ambiguity in religious conversions
Sunday, 04 May 2008 12:51pm
New Sunday Times

by Aniza Damis

THE occasion of conversion seems like the perfect opportunity for the crossing of cultural and religious divides and for strengthening ties, in spite of differences. However, in Malaysia, some conversions only cause grief and discord, especially when the family is not informed of a person’s conversion. Aniza Damis speaks to Minister in the Prime Minister’s Department Datuk Ahmad Zahid Hamidi, a self-confessed non-ulama from a line of ulama in the family (though not lacking in religious education, he points out) on what the government is doing to bring harmony to such a thorny issue

Q: A few weeks ago, the prime minister said he wanted converts to Islam to inform their families first. Last week, you had an Islamic and civil law co-ordination conference to discuss the issue. How did that meeting go?

A: I'd like to clarify this: What the PM told us was "to inform their family". It doesn't mean they have to inform their family first before they convert.

"Inform" means they can inform after the conversion takes place.

So, we are formulating now how that information will be presented to the family.

Q: What are you considering?

A: Firstly, all converts have to register with the state religious department. That is the law that is being gazetted.

Q: And what if he doesn't register?

A: He has to register.

Q: What if he converts, does not register, then dies. Does he count as a Muslim or not?

A: We do not know. That's why the problem arises.

Q: So, he has to register?

A: Yes. And a card (of conversion) will be given to him. The card is an evidence of the conversion.

The second thing we are considering is whether the convert has a will. We are working with Amanah Raya Bhd for the will to be registered with the company.

This is so that, if there is any dispute over the will, three things will automatically be considered: First of all, on the harta sepencarian (property commonly acquired) of the convert and his or her civil law spouse; the will will show that the harta sepencarian is for the previous (non-Muslim civil law) family.

Secondly, if that person doesn't have a family, then the convert's property will be distributed according to Islamic procedure.

Thirdly, if there are children in the civil law marriage, regardless of whether it is the husband or the wife who converts, the responsibility still falls on the father. This means financial and emotional maintenance -- whatever that is needed in taking care of the children.

And fourthly, if the convert has parents, what are his responsibility to his parents? This responsibility of taking care of the parent does not break or end after a conversion. Converts to Islam should not cut off their relationship with their parents. Their responsibility to take care of their parents is still there.

Q: So, if he dies without a will...?

A: The conversion card is there as evidence.

Q: The card tells you that he is Muslim. But what if he leaves behind non-Muslim relatives, including his mother and father, and children. But he has no will. What happens?

A: No will is no will. But the evidence shows that this person is a Muslim.

Q: What happens to his property?

A: The non-Muslim family can always go to the civil court.

Q: Does that mean that his non-Muslim family has a right to that property?

A: Yes. The family can ask the civil court to decide.

Q: Civil court? It will not go to Syariah court?

A: Civil court. They can challenge through the civil court.

Q: What if he has a non-Muslim family and a Muslim family?

A: In that case, we have the faraid system, the distribution of property through the Syariah court. And failing which, the non-Muslim family can ask the civil court to decide on the distribution of property of the deceased.

Q: But if it's faraid, it will go to Syariah court. Non-Muslims don't have locus standi in the Syariah court. So, what happens?

A: The Syariah court says that the faraid goes to the stipulated next of kin. That is very clear.

Q: Does that count as Muslim or non-Muslim?

A: The Muslim first. Then, if he has non-Muslim family members, they can ask the civil court to decide.

Q: But the civil court can't decide what is in the Syariah court's jurisdiction.

A: Yes. Syariah only takes care of the Muslim. The civil court takes care of the non-Muslim. So, to deal with these dual-family issue, we are now planning to have an advisory council.

Q: What kind of advisory council, and for what purpose?

A: It is at the district and state level. The advisory council is basically a council where the Syariah lawyer and the civil lawyer will sit together, without taking the case to open court.

These issues will be resolved within that advisory council.

Q: Does this mean that there will be a stage where you've got a merger of both systems without either being Syariah or civil?

A: It's not formally merged. It's just an understanding. The council will look at what needs to be done for the next-of-kin.

Datuk Ahmad Zahid HamidiQ: What if the non-Muslim family seeks help in the civil court, and the Muslim family goes to the Syariah court? What happens if the courts make different findings for the different families. What happens then?

A: This is what we discussed in the meeting. The council is not about a merging of the two court systems, but about working together. To understand each other, and to determine the role of each court. We have decided that the advisory council be set up to resolve the problems outside of court, and within the council.

Q: What are the things that they are going to look at?

A: Disputes. In terms of property distribution, responsibility of the non-Muslim next-of-kin -- all this is to be advised by the council. For instance, the balance of the property will be not only to take care of the Muslim family members, but also to take care of the non-Muslim family members. Like the parents, or even siblings.

Q: When you talk about balance of property, what do you mean?

A: When you talk about syariah, we have a faraid system. For instance, the daughter is given a percentage, the son is given a percentage. But, I believe not the whole property should be distributed to only the Muslim children of the deceased, when the deceased also has non-Muslim children. The court must also take care of this, because justice in Islam means that the deceased's property must be distributed to the non-Muslim children as well.

Q: Are you coming up with a specific system? If the non-Muslim family does not come under faraid, and if the convert decides to will one-third of his property to the non-Muslim family, the fact of the matter is that the Muslim heirs can refuse for that one-third to be given to the non-Muslim family. How would you deal with that problem?

A: Yes. That is why the council is set up, to formulate the distribution. The formula is not set yet. We are still discussing.

Q: Who is in this committee that is discussing this?

A: Among them are the state Legal Advisers for the civil side, and officers and judges from the Syariah court for the Syariah side.

Q: Do you have any non-Muslim parties in this committee?

A: Not yet.

Q: Do you intend to?

A: Later on, yes.

Q: Later on. When?

A: We are still formulating.

Q: Some non-Muslim religious groups say some of the things that need to be determined at the time of the conversion is how divorce (between the newly-converted spouse and the now left-behind non-Muslim spouse) is to be dealt with, property, inheritance, alimony, and so on. Are you looking at these issues?

A: Yes, and we are also working with the ministry of unity on this. That ministry is taking care of other religions, and we are working with them.

Q: Why is it that the committee said that the converts don't have to tell?

A: They don't have to tell first.

Q: What happens if that person's life is cut short before he's had a chance to tell his family?

A: There is the card (showing proof of conversion).

Q: But in the cases where there have been quarrels (between the non-Muslim family and the Muslim authorities), there usually already is some sort of paper evidence. But the family says they don't believe. How do we deal with it?

A: If there is a card, then it's a lucky thing. But in some cases, there isn't. That's why we need to standardise this. There must be a card.

Q: But the problem, for instance, with Everest climber M. Moorthy was, even though there was a card, the family was not informed. So, what happens if the same thing happens again? Isn't the whole idea to avoid even the briefest of conflicts with family?

A: That is what we need to standardise first. We have not formulated the matter yet. We are discussing it. What is important here is the harmony between Muslims and non-Muslims. The harmony approach has to be discussed with non-Muslims as well.

The important thing is not to create differences, but to find a point of meeting. This thing won't be solved by itself. We must do something.

lips
'If they're of legal age, they've right to travel'
2008/05/05

KUALA LUMPUR: "If a wife was leaving the country to get away from her husband, should she get a letter from him before leaving?" This question was posed by MCA Public Services and Complaints Department head Datuk Michael Chong to the proposal that all women travelling out of the country alone be required to have a letter from parents or employers.

"I am sure Foreign Minister Datuk Seri Dr Rais Yatim meant well with his proposal, but it is flawed and inappropriate. People have varying reasons for travelling alone."

Chong said in cases where parents asked him for help to stop their daughters from going overseas, he told them it was not right to hold their daughters against their will.

"If they are of legal age, then they have the right to travel as they please."

Chong said 97 Malaysians were serving jail terms in Taiwan for drug-related offences since 2000. "Of the 97, five are women in their 20s. Does this mean that every time a Malaysian man travels abroad alone, he should also produce a letter from his parents or employers?"
© Copyright 2008 The New Straits Times Press (M) Berhad. All rights reserved.

News Focus: Ignore it at your own risk

  • Apr. 14th, 2008 at 12:06 PM
lips
News Focus: Ignore it at your own risk
By : TAN CHOE CHOE

Call them gay men or call them MSM, or men who have sex with men.

Ignoring their presence is a mistake Malaysia cannot afford in the fight against HIV infection, writes TAN CHOE CHOE

ONE out of every 10 MSM screened by PT Foundation in Kuala Lumpur in the last two years is HIV-positive.

The organisation has screened about 500 MSM at its centres in the city.

But before anyone proclaims that these men who have sex with men deserve to get HIV for engaging in "unnatural sex acts", consider this fact: the majority of MSM in Malaysia are married and lead "perfectly normal lives", on the surface, at least.

Dr Christopher Lee Kwok Choong, president of the Mal-aysian Society of HIV Medicine, said: "You may think that if they choose to be an abomination to God, then they should suffer the consequences.
"But there are MSM who have sex with women as well and, through that, it (HIV infection) can come into the mainstream.

"If every single MSM only has sex with MSM, and no MSM ever sleeps with a woman, then the population will theoretically die off."

But the reality of sexual behaviour among MSM is far from that exclusive situation.

There's a reason why this group of men isn't referred to as gay or homosexual, but prefer the technical term "men who have sex with men" or MSM, as coined by UNAIDS (the Joint United Nations Programme on HIV/AIDS).

Dr Lee said not all men who had sex with men thought of themselves as homosexual or gay.

"Many MSM have girlfriends or are married, but occasionally have sex with men.

"The old-fashioned terminology for that would be bisexual, but if you ask a MSM if he was bisexual, he'd say, 'Hmmm, that sounds like a bad word, so I can't be one'."

The term MSM defines someone as a man who had sex with a man.

"Whether you do it exclusively (with men) or in between female partners, you're part of the definition."

And whether people chose to acknowledge them or not, there are more MSM today, especially those coming through the "HIV door", Dr Lee said.

He could also testify that transmission of HIV from MSM to the mainstream occurred through their wives and girlfriends.

In the past, said Dr Lee, the HIV population was mainly driven by drug use.

But there is now an increasing proportion of MSM getting infected with heterosexual transmissions.

However, the percentage of MSM and heterosexual transmission is small as injecting-drug-users accounted for more than 70 per cent of HIV infection in Malaysia.

"But speak to doctors in public or private hospitals who see patients with sexually transmitted diseases and HIV and they'll tell you the same," said Dr Lee.

Malaysia, specifically Kuala Lumpur, had witnessed a "substantial growth" in its MSM population in recent years, according to a 2004 report by Christopher Eugene Goerdt Scoville from Du-ke University in the United States.

Scoville's report was based on the assessment of HIV prevention work for MSM in KL.

"Gay-targeted businesses now dot the city and several informal gay groups have developed.

"Some MSM also congregate and may engage in sex at cruising parks, saunas and massage centres," Scoville wrote in his report.

He said while HIV-education and prevention programmes exist for female and even transsexual sex workers, there wasn't any for male sex workers.

Couple that with the fact that there are higher rates of intravenous drug use among sex workers, some experts believe the male sex worker community could become, if it wasn't already, "a conduit for HIV infection to the MSM population".

Gay or straight, most men don't use condoms

No statistics are available but in a case study conducted by Universiti Putra Malaysia in 2005, only four out of 10 MSM use condoms regularly.

But the sampling size is small, 99 men, and conducted by interviews at PT Foundation and online.

The study was to assess risk behaviour associated with HIV/AIDS among MSM.

Raymond Tai, PT Foundation acting executive director and Pink Triangle programme director, said he thought less than half of the MSM population used condoms.

"I think most don't use them all the time. The majority only use them when they think there is a risk. Many don't use them with their long-term partner."

Dr Lee said: "No, they don't. Straight men, crooked (gay) men, (they're) all the same. But we don't have data to support this."

Don't they know the risk? Dr Lee and Tai believe they do.

Tai said: "But they think 'only other people will get it'. It's the not-me syndrome."

Some think that because they were not "promiscuous", they wouldn't contract the disease, never mind that they had had sexual intercourse with two or three boyfriends, or girlfriends, as long as they were faithful to each other.

"As far as STDs or HIV transmission is concerned, the more partners you've had, the higher the risk."

It takes only one encounter to get infected and the prevalence of HIV infection was higher among those who engaged in anal intercourse, as compared with other forms of penetrative sex, according to Wikipedia encyclopaedia.

Like many other countries, early HIV transmissions in Malaysia were initially confined to the MSM community.

Figures from the Health Ministry showed MSM contributed only 1,406 to the cumulative 78,784 cases of HIV infection in Malaysia from 1986 till last year.

That means they made up less than two per cent of the HIV infection rate in the country.

But experts believed the figures did not reflect the situation on the ground as many MSM did not come forward to be tested.

Of those who were tested, many were not willing to say they were homosexual.

Tai said: "In addition, the percentage seems small because the figures are mostly contributed by drug users who are tested at rehabilitation centres."

The Thai Red Cross Research Centre reported last year that there was a 30.7 per cent HIV prevalence among MSM in Bangkok, with Chiangmai at 16.9 per cent and Phuket at 20 per cent.

Experts in Hong Kong said it was set to hit 30 per cent by 2020 if nothing was done now.

Dani Teo, advocacy manager of Pink Triangle, said: "So we're looking at a regional prevalence of 25 to 30 per cent in each country."

That means about three out of every 10 MSM in the region could be HIV-positive.

In Malaysia, Tai and Teo found it hard to target their HIV prevention messages because of what they call "a conspiracy of silence from the media, government, public and religious people".

Tai said: "We know from our visits to hospitals, from our telephone counselling line, from our voluntary counselling and testing services that there is an explosion (of HIV infection) in MSM.

"The same is going to happen to the mainstream community because MSM is not an exclusive population."

The message is clear: ignore MSM and their HIV-infection rate at your own peril.

Dr Lee said: "I'm not gay, but if you ask me, 'do we need to do something for them?', I'd say yes. If I want to protect my kids in the future, I have to do it now."

The problem, he said, was that people thought by helping them, they were being sympathetic to MSM.

"I'm not saying it's okay or not okay (to be MSM). I'm just reacting to the situation. When we help them, we're helping ourselves too.

"It's not about them or us. It's about us, all of us."

at point of sex

ONE controversial way to prevent HIV transmission among MSM is to provide condoms at the point of sex.

Tai said: "We provide them condoms at premises where they are likely to go for sex -- saunas, gay pubs or clubs -- so they don't rush to the car or run to the grocery shop for a condom."

But most Malaysians would find the idea offensive.

"Just because you have a knife doesn't mean you'll use it to kill someone. So just because you get a condom, it doesn't make you want to have sex with anybody."

The authorities' continuous raids on places where MSM gather also hamper PT's efforts to promote safe sex practices.

"Every time we target our prevention programmes, the police raid the place and hold the condoms up to the media. That frightens every premise owner.

"They tell us 'no condoms' and ban us from their sites because they think PT will get them into trouble."

In Malaysia, MSM is "so hidden, so underground", that the only way to reach them is through places where men go to have sex.

"If the authorities clamp down on these places, there is nowhere else to reach them," says Tai.

Together with condoms, the right information about HIV-prevention must also be given.

Some MSM thought they were less likely to get infected if they were the one on top during intercourse, or if their partner didn't ejaculate inside them.

"These are myths and misinformation. As long as you don't wear a condom, you're at risk of getting infected."

For free and confidential HIV screening, counselling and information on HIV/AIDS, call PT Foundation at 03-4044 5455 or 03-4044-5466. PT (previously known as Pink Triangle) is a community-based, non-profit voluntary organisation providing HIV/AIDS education, prevention, care and support programmes for marginalised groups like drug users, sex workers, transsexuals, MSM and people living with HIV/AIDS.
lips
LILEI CHOW: Kartini -- Machang's kuih siput queen
By : LILEI CHOW
NST Online » Columns
2008/03/30

ASK anyone in Machang where they can get the best kuih siput and chances are they'll point you to a modest wooden residence in Pangkal Changgong that houses Umi Kartini's kitchen.
The slight Kelantan native started making these traditional seashell-shaped snacks 12 years ago when she realised that the RM300 monthly allowance from her husband simply could not cover living expenses for her growing family.

Before she was 21, Umi worked at the Motorola factory in Sungai Way, and never once missed a day's work.

She left the company in 1987 when pregnant with her first child.

For a while, she told me with a smile, her main job was producing babies.

As she put it, bluntly, Umi asyik hamil, bersalin, hamil, bersalin! ("Umi was busy getting pregnant, delivering, pregnant, delivering!")

The second of four wives, she knew that it was unrealistic to ask for the additional finances needed to make ends meet.

Her husband is a school teacher and now has 19 children to feed.

She realised that if she wanted to see her own seven children through school, she had to find her own source of income.

The demands of her school-going children meant that formal employment was not an option.

In between house chores and nursing, Umi learned how to make kuih siput from a neighbour. She laboured in her kitchen until she got the ratio of flour to margarine to salt just right.

Kuih siput is not unlike murukku: it has both sweet and savoury varieties but it contains considerably less spices than its Indian counterpart.

Although the ingredients are simple and relatively inexpensive, Umi tells me that the reason why not many people make the snack anymore is because it is exceedingly tedious.

It requires you to hand roll each piece and quickly fry it in hot oil.

Once Umi had perfected her own recipe, she began accepting small orders from family and friends.

Each packet she sold earned her 30 sen.

She also started taking packets of her product to a few sundry shops within Machang. She was turned away.

Undeterred, she decided to stand in front of the shops and give free samples to passers-by.

Business picked up slowly and over time, she secured a micro-credit loan which enabled her to buy in bulk and hire a little help during festive periods.

But like many other women who start cottage enterprises due to necessity or circumstances, Umi didn't really know what was needed to take her business to the next level.

Last year, Umi was asked if she would like to join the United Nations Development Programme's (UNDP) Entrepreneurial Skills Training Programme.

She set one condition: that she be allowed to bring her newborn.

The sponsors agreed, and in fact, encouraged the participation of family members, including husbands.

The pilot project, developed with the Malay Chamber of Commerce and the Ministry of Entrepreneur and Co-operative Development, seeks to support women entrepreneurs from low-income households in rural Kelantan and Terengganu, the two states with the highest poverty rates in Peninsular Malaysia.

It has helped more than 50 women involved in the cottage food industry turn profits by widening access to much-needed financing, creating markets where none existed and sharpening business acumen.

From costing and marketing classes to motivation and grooming, Umi's perseverance and dedication to the project won her the award of Best Participant from Machang as well as the affection of her fellow course mates.

Like many of the other women in the project, Umi's profits go entirely towards clothing, feeding and educating her children.

Her entrepreneurial spirit and determination to build a better life for herself and her children demonstrate the infallible logic of investing in women and girls.

Today, women make up all of micro-credit loan recipients by Amanah Ikhtiar (with a payback rate of 99 per cent on loans), modelled after Bangladesh's Grameen Bank.

Grameen founder Muhammad Yunus once said, "We saw that money going to women brought much more benefit to the family than money going to the men.

"So we changed our policy and gave a high priority to women."

On the occasion of International Women's Day on March 8, UNDP administrator Kemal Dervis said: "Investing in women and girls is not only a worthy goal in its own right, it is the one of the fastest and best means of advancing human development for all."

We know that while the more visible women's lobby groups (and rightly so) are calling for a greater say in political affairs and a level playing field in the boardroom, in many parts of the developing world, women continue to toil in plantation fields and homeless girls live in garbage dumps.

And others have to beg on crowded streets to feed themselves while being denied the right to own land or be financially independent.

And while women's overall employment rates are increasing, they still perform 60 per cent of the informal or unpaid jobs.

It is no coincidence that the countries which perform the best on UNDP's gender-related development index are among the world's wealthiest.

Thirty-two years since Yunus pioneered the world's first credit delivery system targeted at the rural poor, micro-credit financing coupled with skills training continues to be an effective strategy in alleviating poverty and creating self employment opportunities.

At the heart of his philosophy is perhaps the most striking lesson of development: that the people who are struggling with the problem are also usually best placed to find the solution.

The success stories of "entrepreneurs next door" like Umi illustrate the benefits of promoting women's empowerment for the benefit of the family.

I've been told to expect the roll out of Umi's snacks carrying the brand name "Kartini's Foods" at Giant and Mydin hypermarkets in the near future. Kelantan is waiting.

The writer is with the United Nations Development Programme and can be reached at lilei.chow@undp.org
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Opinion: Women's progress slowed by setbacks
NST Online » Columns
2008/03/28
By : YONG HUEY JIUN and TAN CHOE CHOE

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Wan Ubaidah Omar (left) is the first female member of the Kelantan executive council, while Datuk Dr Ng Yen Yen (centre) says the recent election is about winds of change. Meera Samanther says women's wings can influence decisions.
Wan Ubaidah Omar (left) is the first female member of the Kelantan executive council, while Datuk Dr Ng Yen Yen (centre) says the recent election is about winds of change. Meera Samanther says women's wings can influence decisions.

Although a record number of women contested in the 12th general election, their presence in parliament and state assemblies hasn't increased much. YONG HUEY JIUN and TAN CHOE CHOE find out why and what should be done.

KIJANG assemblywoman and former senator Wan Ubaidah Omar now heads the women's development, family and health portfolio as the first female member of the Kelantan executive council.

In Terengganu, Puteri Umno chief Nordiana Shafie was the first woman candidate to contest in an election in the east coast state in 34 years, although she lost the Batu Buruk seat to Parti Keadilan Rakyat candidate Dr Syed Azman Syed Ahmad Nawawi.

And Minister of Women, Family and Community Development Datuk Dr Ng Yen Yen is a conspicuous figure as MCA's first-ever woman minister in the federal cabinet.

While women in power scored a series of "firsts" across the country, these feats were overshadowed by the March 8 election results.
Women command 10.81 per cent of the 222 parliamentary seats and 7.92 per cent of the 505 state seats, but that is only about one per cent more than in the 2004 polls, and far from the 30 per cent target set in the Ninth Malaysia Plan.

The world average for women's political participation is 16 per cent.

Ng said: "This election is not about women's failure. This election is about winds of change." Her party fielded women in 16 seats, up from 12 seats in the 2004 election.

"This is not because of women's weaknesses; neither is it because of women's quality. Anybody would have suffered the same fate."

In fact, the 12th general elections saw the highest number of women candidates fielded. The governing coalition and opposition fielded 130 women candidates, compared with 94 in the last elections.

This time around, Pas fielded 15 women candidates, up from nine in 2004.

In Selangor, 25 women candidates contested, the highest number among all states, and 11 emerged victorious.

The most industrialised state also set a record with the appointment of four women to its 10-member executive council.

Still, "the pace of change is too slow", said Dr Shanthi Thambiah, associate professor of the gender studies department at the Faculty of Arts and Social Sciences at Universiti Malaya.

Even Rwanda and Pakistan had 35 to 45 per cent of women representation, she said, which was a clear indication that under-development or traditionally-conservative societies were not the only barriers impeding women's participation in politics.

In Malaysia's last elections, however, women were pitted against each other, effectively halving the number of seats they could win.

MCA's Carol Chew contended against DAP's Teresa Kok for the Seputeh parliamentary seat and Umno's Datuk Seri Shahrizat Abdul Jalil against PKR's Nurul Izzah Anwar for the Lembah Pantai parliamentary seat.

New young faces were also pitted against the more experienced.

While experience helped, Shanthi said, age was not the most critical factor in determining the choice of candidates.

Instead, she said there must be political will and commitment to serve the people and make things better for them.

Women's groups acknowledged the progress, but grumble that each step forward was nullified by another setback.

Maria Chin Abdullah, senior programme manager at Sisters in Islam, said: "These women were fielded in unwinnable seats."

Shanti said most parties generally fielded their strongmen in "safe" constituencies, noting that in the new cabinet, two male senators were appointed ministers and two as deputy ministers, with only one female senator, Datuk Dr Mashitah Ibrahim, as a deputy minister.

The Joint Action Group for Gender Equality (JAG) said women's participation needed to go beyond numbers to empower more women in decision-making roles. For this to happen, access to opportunities and removal of barriers for women were important, said Women's Aid Organisation president Meera Samanther.

Shanthi wanted to see more commitment at the party level. With their vast membership, women's wings, such as Wanita Umno, could exert pressure and influence decisions, she said.

She said Datuk Seri Azalina Othman Said was the only remaining Wanita Umno minister, when there were three in the 2004 cabinet.

"Why aren't political parties, be they in the government or the opposition, fielding more women? Why isn't Wanita Umno lobbying for more women in the cabinet?"

The candidates do not even have to be affiliated to any political party as senators have also been drawn from the corporate sector.

Shanthi said one way to address the lack of women's participation was to create additional seats for women, rather than assigning them a quota within the existing number of seats.

JAG also hoped to bridge the gap between members of parliament and women's groups on issues such as legal reforms, civil society, freedom of information and local council elections. At the moment, women make up 12.5 per cent of local councils.

Dr Ng said she would review the representation of women on company boards.

Her plans included expanding the ministry's focus to women in the economy and collaborating with the Ministry of Human Resources on the issue of unemployed female graduates.

Shanthi said: "Greater democracy will lead to a greater desire for fairer representation of women.

"Any form of under-representation of any sector of the community is an insult to democracy."

Unhappy over fewer women ministers

  • Mar. 21st, 2008 at 11:26 AM
lips
Unhappy over fewer women ministers
NST Online » Local News
2008/03/19

KUALA LUMPUR: Women's organisations are unhappy that fewer women members are in the new cabinet.

Women's Aid Organisation president Meera Samanther said it was a step backwards for women to have less representation in the cabinet.

National Council of Women's Organisations deputy president Datuk G. Ramani agreed.

"We are somewhat disappointed with the lack of women in the cabinet but we hope that it will still be a progressive one with all the new faces."

"We are disappointed that former women, family and community development minister Datuk Seri Shahrizat Abdul Jalil can't continue, but we will carry on assisting Datuk Dr Ng Yen Yen in her new portfolio," Ramani said.

Dr Ng is the new minister, while Shahrizat has been made special adviser on women's affairs and community development to the prime minister.



WAO's Samanther agreed that it was a pity that Shahrizat lost in the elections.

"Her successor must now finish what Shahrizat started for gender sensitisation programmes for all government servants," said Samanther.
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Teacher apologises for tapping girls’ cheeks
NST Online » Local News
2008/01/10

KUCHING: A teacher had to apologise to two students for tapping their cheeks with a diary when they turned up at their former school without wearing their headscarf (tudung).
He was cautioned for his action and was advised to be tactful when discharging his duties as the school's disciplinary teacher.

The students, Nadya Islyanna Othman and her friend Taqwatul Zaffrinie, both 17, claimed that they were slapped with a diary by the discipline teacher for turning up at their former school without their headscarf on Tuesday.

The two girls, together with Nadya's father, Othman Maidin, 48, lodged a report at the Kuching police headquarters at 11.30am the same day.

However, the matter was settled amicably after the students' parents accepted the teacher's apology at a four-and-a-half-hour meeting yesterday.
At the meeting which was also attended by school principal Hasanah Junaidi, state Education disciplinary officer Georgina Apphia Ngau and several officials from the state Education Department, it was found that the teacher had only tapped the two girls on the cheeks with a diary.

State Education deputy director Mortadza Alop said there was no criminal intention in the actions of the teacher, who had acted in good faith.

Othman told the New Straits Times that he accepted the teacher's apology and understood his duty as a disciplinary teacher.
 
lips
Teacher apologises for tapping girls’ cheeks
NST Online, Local News
2008/01/10


(From left) Taqwatul Zaffrinie, Nadya Islyanna Othman and her father Othman Maidin attended the meeting where the matter was  settled amicably.
(From left) Taqwatul Zaffrinie, Nadya Islyanna Othman and her father Othman Maidin attended the meeting where the matter was settled amicably.

KUCHING: A teacher had to apologise to two students for tapping their cheeks with a diary when they turned up at their former school without wearing their headscarf (tudung).

He was cautioned for his action and was advised to be tactful when discharging his duties as the school's disciplinary teacher.

The students, Nadya Islyanna Othman and her friend Taqwatul Zaffrinie, both 17, claimed that they were slapped with a diary by the discipline teacher for turning up at their former school without their headscarf on Tuesday.

The two girls, together with Nadya's father, Othman Maidin, 48, lodged a report at the Kuching police headquarters at 11.30am the same day.

However, the matter was settled amicably after the students' parents accepted the teacher's apology at a four-and-a-half-hour meeting yesterday.
At the meeting which was also attended by school principal Hasanah Junaidi, state Education disciplinary officer Georgina Apphia Ngau and several officials from the state Education Department, it was found that the teacher had only tapped the two girls on the cheeks with a diary.

State Education deputy director Mortadza Alop said there was no criminal intention in the actions of the teacher, who had acted in good faith.

Othman told the New Straits Times that he accepted the teacher's apology and understood his duty as a disciplinary teacher.
 

Most rapists are known to their victims

  • Dec. 6th, 2007 at 12:49 PM
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Most rapists are known to their victims
NST Online > Local News
2007/12/01
By : Deborah Loh

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PUTRAJAYA: Seventy per cent of reported rapes are committed by assailants known to their victims. Also, about 71 per cent of rape victims are below the age of 18 years.

These alarming statistics have prompted police and the Malaysian Crime Prevention Foundation (MCPF) to launch an awareness campaign targeting young girls and women.

MCPF chairman Datuk Dr Maximus Ongkili said the nationwide campaign would be launched by February to disseminate information on rape prevention through workshops and pamphlets.

Various groups will be roped in to help conduct the campaign, such as the Rukun Tetangga, schools, parent-teacher associations, and non-governmental organisations (NGOs).

Maximus, who is also minister in the Prime Minister's Department in charge of national unity, said the number of rape cases had increased over the years.
Citing police statistics, he said from January to September this year, there were 2,432 rape cases reported, compared with 1,849 cases reported in the same period last year.

Of the 3,538 cases reported this year, "acquaintances" comprised the largest group of perpetrators at 1,167.

The other categories of perpetrators also showed that the majority of rapists knew their victims. They included boyfriends (752 cases), fathers (75), stepfathers (45), uncles (61) and foster fathers (9).

Maximus earlier chaired a meeting on rape and prevention strategies with the police and NGOs.

Federal Criminal Investigation Department director Datuk Christopher Wan, who was also present, said information about rapists who were categorised as "acquaintances" had to be analysed further to know the exact nature of their relationship with their victims.

"Acquaintance can mean you may have known the person for some time or you may have just met him yesterday. Through analysis, we can formulate rape prevention approaches and build awareness programmes for teens and women to be wary of the people they meet," Wan said.

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Polls panel 'has good track record'

  • Nov. 21st, 2007 at 1:30 PM
lips
Polls panel 'has good track record'
NST Online » Local News
2007/11/21
By : Wan Hamidi Hamid

SINGAPORE: There is no reason for anyone to doubt the sincerity and capability of the Election Commission (EC), Datuk Seri Abdullah Ahmad Badawi said.
The prime minister said the EC had proven itself in previous elections despite allegations of unfair conduct from the opposition.

"What I want to see is a fair, free and democratic election. This will enable all voters to come out and vote.

"If there are those who don't want to vote, what can we do about it?

"The EC has handled elections for so long.
"Throughout our history of elections, there were many times the opposition had won," he told Malaysian journalists on the sidelines of the Asean summit here yesterday.

Abdullah was asked to comment on EC chairman Tan Sri Abdul Rashid Abdul Rahman's remarks on Monday that he was willing to resign if the political parties and other participants of the illegal Nov 10 rally could provide proof of irregularities such as vote-rigging during elections.

The prime minister said he not only believed the EC was capable of handling the next general election but also praised the body for having conducted fair and democratic elections in the past.

He cited examples when the then opposition Gerakan took over Penang in the late 1960s, the then opposition Parti Bersatu Sabah (PBS) capture of Sabah from the Barisan Nasional in the 1980s and the swing between BN and Pas in Kelantan for the past 50 years, as well as Pas' win in Terengganu in 1999.

"Sometimes you win, sometimes you lose. The most important thing is for the people to be free to make a choice.

"I don't understand why the opposition and others are saying we're not being fair. The outcome of any election is determined by the people.

"As the leader of the winning party, of course, I want to see us achieving a credible victory. Let the people decide," Abdullah said.

According to sources, Abdul Rashid spoke out because he was upset with the opposition's continuous demands despite efforts by the EC to ensure fair and free elections.

Bersih, a coalition of opposition parties and some NGOs, demanded the use of indelible ink to prevent multiple voting, the removal of phantom voters from electoral rolls, the scrapping of postal votes and equal access to the media including privately-owned media.

Even after almost all the demands had been fulfilled and the EC updated the details of registered voters, the opposition continued with the campaign to discredit the EC, said a source.

"That's why Rashid is very upset with them and even offered to resign if they showed proof of irregularities.

"For him, if they can prove any wrongdoing, just go to court. Why disrupt others with street demonstrations?" the source said.

Rashid had said he was sad when the opposition kept repeating the allegations without any proof.

"You are only giving out a bad image of your own country. I have been through six general elections and to date, no one has ever approached me with evidence of irregularities," he was quoted as saying on Monday.

Bersih's memorandum to the Yang di-Pertuan Agong was submitted by DAP's Lim Kit Siang, Pas president Datuk Seri Abdul Hadi Awang and Parti Keadilan Rakyat de facto leader Datuk Seri Anwar Ibrahim to an Istana Negara official on Nov 10.

The king has categorically denied condoning the rally as claimed by certain opposition members and neither was he agreeable to the way the illegal mass demonstration was held.

Parents of 18 to be charged

  • Nov. 21st, 2007 at 1:30 PM
lips
Parents of 18 to be charged
NST Online
2007/11/13
By : Alang Bendahara

Tan Sri Musa Hassan warns against organising another rally this month
Tan Sri Musa Hassan warns against organising another rally this month

KUALA LUMPUR: The parents of 18 children detained in Saturday's illegal rally will be charged with endangering their children.

The children were allegedly used as shields to prevent police from firing tear gas and water at the demonstrators who refused to disperse.

Inspector-General of Police Tan Sri Musa Hassan said he had ordered his men to act against the parents.

"The parents were exploiting the children," Musa said, adding that the investigations were being carried out under the Child Protection Act.

"It was an irresponsible act and wrong of the adults to bring children to the rally.
"They knew the rally was illegal and police would act, yet they placed the children in danger."

Musa said fortunately none of the children, who were taken to the city police headquarters, was hurt.

The IGP also defended his men's actions.

"It was an illegal assembly which went ahead despite our repeated advice against holding it. We urged the demonstrators to disperse but the crowd turned unruly."

He said the protesters disrupted traffic and made a nuisance of themselves.

"That was when we moved in."

On the numerous roadblocks, Musa said they had to screen those entering the city.

"We needed to filter any undesirable elements and check for weapons and arms.

"We had no choice as public safety was paramount."

Traffic came to a standstill across the capital as police cordoned off Dataran Merdeka, closed train stations and restricted or diverted vehicles from the city centre.

He said the parties involved in the rally should have resorted to other means to address their grouses.

"Why not do it through dialogue instead of a rally?"

He advised opposition parties against organising another rally scheduled for later this month.

It was reported yesterday that at least 18 children were detained by police along with their parents for failing to disperse on Saturday.

A 6-year-old was picked up along with her parents. The number of detainees was 245. Their ages were between 6 and 55. They were released after their statements were taken.

They are being investigated for taking part in an illegal assembly and face a jail sentence of not more than one year, and fine of between RM2,000 and RM10,000, upon conviction.

Musa said more arrests are expected in the next few days.

A coalition of opposition parties and non-governmental organisations, calling itself Bersih, had organised the rally estimated by police at 10,000, to deliver an election reform petition to the Yang di-Pertuan Agong.

The king, Tuanku Mizan Zainal Abidin, was away in Terengganu but a palace official

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