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.

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

 PAS and Umno dance into each other's ground

KUALA LUMPUR, April 2 – Just how far is Parti Islam SeMalaysia (PAS) willing to go to win over Malaysia’s political middle ground? Pretty far, judging by some of its actions since March 8.

Party president Datuk Seri Abdul Hadi Awang sounded like a true-blue reformer at Stadium Melawati in Shah Alam on Monday night; MP Khalid Samad did what no other Muslim politician has done before and spoke to Christians in a church and Kedah MB Datuk Azizan Abdul Razak assured Sikh leaders that longstanding issues over temples in the state would be resolved.
Just how far is Umno willing to change to meet the demands of a more discerning middle-class? Not very far, judging by events since the party and its partners in the Barisan Nasional coalition were stunned in Election 2008.

The party is in full swing blame-mode, looking for individuals to blame for its rejection, rather than examining why Indians, Chinese and urban Malays were willing to give their votes to a collection of political novices. There is a legitimate concern that the party is going to become more nationalistic and narrow-minded as it seeks to regain its secure footing in Malaysian politics.
An Umno division leader from Johor told The Malaysian Insider: “There is a danger that we could miss the opportunity to reform, with the focus being on party elections. But it is difficult to talk about being relevant to Malaysians when we are debating our relevance to Malays.’’

There is a greater danger of Umno becoming more like the PAS of old – a party straitjacketed by dogma and a conservative spine. If it does go down that path, it will have a difficult time convincing Malaysians who have voted for change that it is worthy of their support.

There was a time when every reference to PAS was coupled with its plan to set up an Islamic state and its fixation on hudud.

When Anwar Ibrahim began cobbling together the PKR-PAS-DAP alliance he made it clear to PAS leaders that they should drop the Islamic state platform if they were serious about winning non-Malay support. They did so and left it out of their election manifesto, encouraged also by PAS election strategist Husam Musa who felt that the party would be confined forever to the sidelines if it only appealed to Muslims.

It is still too early to say if the more moderate approach by PAS is driven by political expediency or will it be part of a permanent and genuine desire to reshape the party and reach out to all Malaysians.

But the success of the political experiment has somewhat liberated PAS. Ironically, because of their strong religious credentials, their politicians seem willing to take chances which the more “progressive’’ Umno politicians were unwilling to do.

So when Khalid Samad visited the Church of Divine Mercy and thanked the congregation for supporting him, he was breaking new ground. Even Prime Minister Abdullah Ahmad Badawi would have been afraid to step onto church grounds lest he is accused by his party of being a supporter of Christianity. When he agreed to attend the Christmas celebrations last year, his officials were pleased that the function was in a hall next to the Archbishop’s residence.

In contrast, Khalid seemed at ease as he assured the Catholic audience that PAS would be fair to all religions. He noted that Parti Islam SeMalaysia’s name conjured up fear and frightening images among non-Muslims. But in 18 years, the PAS government in Kelantan had not discriminated against non-Muslims, he said.

For the Christian community which has felt that its space and freedom of worship were being eroded under an increasingly arrogant Barisan Nasional, those soft tones by Khalid have been reassuring.

Also pleased was the Sikh community in Kedah. For years, they have complained about the status of temples in the state. Now, the new Kedah MB Azizan Abdul Razak has assured the Sikh community that he would personally resolve land-status issues. Azizan belongs to the conservative religious class of the party.

The leader of that class is Abdul Hadi Awang. He has called Umno politicians infidels, and has made even the younger members of the party cringe with his fire-and-brimstone style. Yet, look at how he has been happy to play second-fiddle to Anwar and tone down his rhetoric.

Last night, he told 25,000 people that the PKR-DAP-PAS coalition would focus on reforming the judicial system, abolish the Internal Security Act and several other legislation, make the Anti-Corruption Agency independent and revamp the Election Commission. Missing was any reference to the Islamic state.

What PAS has succeeded in doing over the past 12 months is convince even its long-time critics that it is a more palatable option to Umno’s arrogance and its narrow-minded approach to religious and race issues. If PAS can move further to the middle ground and be a responsible member of the People’s Pact, it will be able to win over more non Malays.

On Saturday, the MIC branch in Simpang was dissolved and 110 of its members quit the party to become members of the PAS Supporters Club.

Bukit Gantang MP Roslan Shaharom, speaking at a temple, said the welfare of the former MIC branch members and members of the Indian community would be taken care of.

"We will take care of you because any problems affecting the Indian community will also affect members of the other communities," he said. More than 95% of the Indian voters in this constituency voted for him.

Racial action plan': Umno says no such thing
Beh Lih Yi & Muda Mohd Noor | Jan 10, 08 5:52pm

Umno leaders today denied there was a written directive purportedly signed by party secretary-general Radzi Sheikh Ahmad asking them to carry out a ‘racial issue action plan.’

Yesterday, PAS Youth chief Salahuddin Ayub filed a police report in Kuala Lumpur over the letter. 

The letter, a copy of which was made available to Malaysiakini, was allegedly issued on Dec 20 amid rumours that a large-scale Malay rally is being planned to counter the one organised by the Hindu Rights Action Force (Hindraf).

The letter was addressed to all Umno state liaison committee secretaries. It also carried the official Umno letterhead.

“I take this opportunity to announce the supreme council’s decision which met on Dec 19 that state liaison committee secretaries and division chiefs have to ensure the implementation and the success of the ‘racial issue action plan’ together with the help of BN (Barisan Nasional) component parties.

“The (BN) state liaison chiefs will give a briefing on how to carry out this ‘racial issue action plan’ which has been agreed upon by BN component parties that met on Dec 6,” stated the letter, which did not specify details of the purported plan.

It also called on Umno leaders to cooperate in implementing the plan to restore the people’s faith in BN.

No meeting, no letter

Despite numerous attempts, Radzi could not be reached for comment but other Umno leaders contacted by Malaysiakini denied the letter.

On the same note, a BN source told Malaysiakini that there was no meeting held on Dec 6 while a check revealed that the last Umno supreme council meeting was held on Dec 14. 

Umno supreme council member Norza Zakaria said he was not aware of any such letter or discussions to implement the alleged plan.

“Furthermore, Hindraf leaders were detained under the ISA (Internal Security Act) then,” he noted, referring to the five Hindraf leaders arrested on Dec 13, a day before the last supreme council meeting.

“We (the supreme council) complimented the government for the action taken because it was the majority who wanted the (ISA) action to be taken,” he added when asked to elaborate on what was discussed during the meeting.

Dungun Umno division chief Rosli Mat Hassan said it was impossible for the party secretary-general to pen a letter which could lead to disorder in the country.

“I suspect the letter was written by PAS because they know the general elections is around the corner. Don’t fall for their trickery because they will do anything just to win the elections,” he claimed.

Seremban Umno division chief Ishak Ismail said his divisions and other divisions in Negeri Sembilan did not receive the letter.

National security issue 

In his police report, Salahuddin claimed that he received a copy of the letter on Tuesday around 4pm at his office at the PAS headquarters in Kuala Lumpur. However, he did not reveal the source.

He urged the police to determine the authenticity of the letter as its content could threaten national security.

Last December, there were widespread rumours that a mass rally is being planned by Islamic welfare organisation Pekida in the Malay-majority Kampung Baru area in Kuala Lumpur.

Kampung Baru was also one of the main places hit during the May 13 racial riots in 1969.

The rumour about the purported rally spread via the short messaging service (SMS), prompting Pekida to issue a denial.

 

Expert: Majority rule cannot ignore rights of minorities
Llew Ann Phang

KUALA LUMPUR (Dec 9): Democracy may equate to the rule by the majority but it also provides safeguards for the rights of minority groups, said  Federal Constitutional expert and Universiti Teknologi Mara (UiTM) law lecturer Prof Dr Shad Saleem Faruqi.

Speaking at the discussion, “When Faith Meets Law”, during the Bar  Council’s Festival of Rights, Shad shared his thoughts with the  200 lawyers, members of the public and activists who participated in today’s event to celebrate International Human Rights Day tomorrow (Monday).

He said that while it was difficult for different parties to agree on human rights issues, it remained crucial that these rights were respected.

“This includes respect for people’s right to autonomy. People have the right to be wrong and I think the law should not necessarily interfere with the wrongness unless it is harmful to people,” he said.

“And there are lesser punitive ways of correcting misconduct than putting people in jail,” he said.
Malaysian Hindu Sangam representative Datuk A. Vaithialingam highlighted the grievances faced by the Hindus, including the recent demolition of the Sri Maha Mariaman temple in Shah Alam.

“The present law for Hindus is good but its implementation is questionable,” he said.

“The Hindu Sangam has problems accommodating these requests [for the relocation of temples] as the community regards the temple sites as sacrosanct.

“In the Shah Alam case, there was no satisfactory notice for the act,” he said.

He added that the Hindus also faced problems with religious conversions.

Malaysian Christian Federation chairman Bishop Paul Tan said law and religion were intimately linked in efforts to uphold justice, despite each having its respective domain.

“Laws must not infringe on the rights of [people] who profess different faiths and in dispute, we should go back to the source – the Federal Constitution – through the right channels,” he said.

The half-day festival at the Bar Council building also featured poetry-reading, performances by artists and children’s activities.

Updated: 09:30PM Sun, 09 Dec 2007
Printable Version | Email to a Friend

Wanita gesa pinda perlembagaan jadikan Islam agama rasmi

Pergerakan Wanita menggesa supaya dibuat pindaan kepada Artikel 3 Perlembagaan Persekutuan bagi memasukkan perkataan "rasmi" untuk menjadikan Islam sebagai agama rasmi negara ini.

Artikel tersebut menyebut perlembagaan memperuntukkan bahawa Islam adalah agama bagi persekutuan tetapi agama-agama lain boleh diamalkan dengan aman dan damai di mana-mana bahagian persekutuan.

Wakil pergerakan itu, Datuk Hajah Kamilia Ibrahim berkata, pindaan itu perlu supaya tidak ada pihak yang mempertikaikan Islam sebagai agama rasmi negara ini.

"Kita mahu memperjelaskan kepada mereka yang banyak mempertikaikan tentang agama Islam, sedangkan mereka tidak mempunyai kuasa dan kefahaman (mengenainya)," katanya ketika membahaskan ucapan perasmian presiden Umno di PTWC hari ini.

Pergerakan Wanita, katanya, juga mahu tindakan diambil untuk menggubal undang-undang supaya agama lain tidak menyebarkan agama mereka kepada orang beragama Islam.

Kamilia berkata, pihaknya membuat gesaan tersebut supaya perancangan dan perencanaan oleh presiden parti dapat dilaksanakan dengan licin dan sempurna dan tidak timbul apa-apa pertikaian mengenai perkara-perkara asas dalam perlembagaan.

Cabaran kaum

"Dalam kontek negara Islam dan kontek menghadapi cabaran kaum bukan Islam, Wanita mencadangkan supaya akta pentadbiran agama bukan Islam diwujudkan agar agama bukan Islam dapat diuruskan agar mereka ada peraturan dan undang-undang spesifik agar tidak ada tempat ibadat (dibina) di merata tempat," katanya.

Sehubungan itu, katanya, Wanita Umno mengingatkan pihak-pihak berkenaan supaya tidak menjadikan isu perundangan dan isu alam sekitar sebagai isu perkauman.

"Jangan lupa, banyak kerusi Umno yang telah dikorbankan kepada rakan-rakan dalam Barisan Nasional...jangan kacang jangan lupakan kulit...," katanya.

Wanita Umno juga, tambahnya, mencadangkan penubuhan majlis tindakan undang-undang untuk memantapkan perundangan yang ada terutama untuk tujuan penguatkuasaan, keadilan dan kesaksamaan.

Mengenai perpaduan kaum, Kamilia juga menegaskan perlunya digubal satu akta perpaduan kaum di negara ini.

"Walaupun ada yang kata undang-undang tidak akan selesai segala masalah tetapi undang-undang dapat mengurus dengan baik apa-apa yang kita laksanakan," katanya.

Behind the colour of change
Azly Rahman
Nov 21, 07 11:21am

DR AZLY RAHMAN is a transcultural philosopher rooted in the tradition of Critical and Chaos Theory. Born in Singapore, raised in Johor Baru, he was a child of Malaysia's experiment in humanistic education: Maktab Rendah Sains MARA Kuantan.

A member of The International Honor Society in Education, Azly holds a Doctorate in International Education Development from Columbia University, New York City, and Masters in four areas: International Affairs, Education, Communication, and Peace Studies.

He has taught in Malaysia and the United States in a multitude of settings and in diverse fields such as Politics/International Relations, Education, American Studies, Philosophy/ Humanities/Cultural Studies, and History/Foundations of Civilizations.

His interest lies in deconstructing 'hegemony and totalitarianism' and to explore the possibilities of creating one's personal republic that will challenge and transform the postmodern state.

He can be reached at: aar26@columbia.edu

In Malaysia, are the leaves turning yellow, too? Are we witnessing the total deconstruction of the race-based political ideology and a breakdown of the economic and social relations of production?

Is the nation being haunted by a ‘yellow wave’ of change demanded by those alienated by the developmentalist agenda that seems to have favoured a privileged segment of society?

At the speed of how things are turning yellow, it seems that we have to content with such signs and symbols of systemic change as a reality. 

Around three decades ago, the ‘yellow culture’ carried a negative connotation especially in relation to the invasion of the ‘decadent aspects of the western culture’. Today, we see a deconstruction of this perception; a mental revolution that is taking the colours of the constitutional monarchy as a symbol of war against the colours of the present race-based regime.

It is a war over the definition of ‘democracy’. It includes the question: who has the monopoly over Malaysian democracy? Can we continue to think like dinosaurs in an age of dolphin-think?

One of the nagging questions for our nation as we enter this challenging period for civil rights is this: what is Malaysian democracy and what is its future?

Key spokespersons of the government think that we are doing fine with the system and that we need to only improve the process.

Key spokespersons representing the wave of change and who challenge the ‘system’ think that the system is no longer working, as we face the realities of changing race-relations.

These are contending views of what ‘Malaysian democracy’ is - an interpretation of what the process of development of the people, by the people, for the people means. These are the views of the words ‘demos’ and ‘kratos’ of what a ‘government of the people’ should mean.

Democracy is rooted in economics. Our existence - including that of the king and the pauper, rebels and reformists, the Sultans and the hamba sahaya - as Marx would contend, is defined by the economic condition we are in or have created.

In Malaysia, the condition is defined by the pie baked by those who created the New Economic Policy that is now becoming a system of the New Economic Plutocracy.

Systemic corruption

I think the root of the showdown between the ‘yellow wave’ movement and the ‘red- faced’ power structure is economic in nature - true to the idea that we are all economic beings or of the specie homo economicus.

We still talk about an economic pie as if it is a constant. The faulty tool is popular with policy makers who are bankrupt of alternative perspectives of looking at systemic change. They continue to defend the indefensible in a time when change is imminent and coming at a very fast pace.

Even newer generation of race-based leaders are ill-equipped with the fundamental character of these radical changes. They use rock logic to meet the demand of a fluid society. Rock logic includes the use of force to prevent demands to these changes.

We must now abandon the metaphor of the pie; one that is increasingly becoming synonymous with the race to meet the gains of material standards at the expense of the real issue - distributive and regulative justice. We ought to adopt a new form of justice that cuts across racial lines and one that looks at the poor in the eye and into their souls.

That form of justice will meet our nation's physical, emotional, and metaphysical needs. The present wave of dissatisfaction is not only an emanation of frustration over the issue of the judiciary and confusion over the line between the Legislature and the Executive; it is an emanation of a class-based issue, of which we are in denial.

Race is merely a sugar-coating of that nagging argument of this and that rights of this and that people; a coating that has become calloused with fossilised viruses that have corrupted the entire system since the British handed Malaya her independence on a silver platter. Race is a convenient basis for argument as it masks the issue of the ownership of power, knowledge and ideology.

Class-based system

The new issue facing us is class-based. We can longer use race and its sentimentality as a perspective to analyse what is gravely wrong with the developmental project we are pursuing.

We have subdivided ourselves into classes of the rich and poor from all the major races and the classes of those who owns the material and cultural capital. Our pattern of consumption, our daily grind, the kind of car we drive, the school our children go to, and how widely travelled we are, all reflect the class we are in.

But our politics is renewed every now and then to re-state the commitment to "correct the imbalances" using econometrics, without engaging in a sustained deep inquiry into the harder reality of living.

We are engaging in another exercise in keris-wielding, to renew of political-economic spirit that wishes to see the creation of more and more multi-million perhaps multi-billionaire Malays, Chinese, Indians, and other pribumi, but fail to inquire into the impact of such continuing policies that will further divide us into classes. No longer do arguments on racial imbalances, to me, seem to be attractive. Classes create antagonism.

Revelations of the issues of the distribution of wealth as in the multitude of unresolved cases of high-level corruption reflect how much public interest is intertwined with personal greed.

It reflects how much those in power invoke the mantras of "economic progress for this or that race" yet create a system that benefits this and that person/s. This is the game of equity we play. Our voters are either ignorant of the nature of interlocking directorate-ship in politics, or are too comfortable playing this game of patronage politics.

We somewhat do not get the clearest picture of what 30 years of ‘growth by equity’ policy has taken shape; who benefits? how are the benefits distributed? and why have the benefits of growth not trickle down as they theoretically should?

Price of progress

The human cost of development has taken its toll on the nation - that of those marginalised and lost-in-the-numbers game of the economic policy we design. We are startled by the nature of by-products of developments such as:

• The growing poverty (urban and rural) among Malaysians of all races, and we will also see rising poverty among immigrants who are helping build our economy;
• An increasing percentage of drug addiction among the Malays - especially those marginalised by an uncaring, uncreative, and uninspiring educational system that measures people by numbers and by truncated notion of achievement alone - and I am sure of other races in general;

• An increasing number of persons living with HIV/Aids as a possible result of the nature of the economic developmental paradigm we have constructed and the nature of schooling system that promotes a few and marginalises and alienates many;

• A growing population of our youth disenfranchised in our school system as a result of the slow-paced growth of teaching-skills acquisition - skills that are needed to make the school a very happy place one wherein children do not get bored and translate their boredom into drug addiction or gangsterism;

• A growing breed of our elected representative that cannot articulate logical analysis, prognosis, diagnosis to issues of distributive and regulative justice, but instead choose to continue to verbally clobber each other based on race sentiments;

• A clear continuation of the political paradigm in which our politicians are engaged - one that needs lots of money to keep one's constituency happy and even worse, to keep one's political position stronger;

• A clear picture of how our society has developed - the dangerous growth of classes of the multi-cultural rich and the multi-cultural poor and the relegation of the multi-cultural middle class into a new class of ‘urban poor’ whose life is tied to an increasingly dangerous pattern of hyper-modern consumption;

• A picture of the breaking down of families as a result of the changing patterns of our economy after the implementation of the NEP - there’s too much drive in human beings to earn more to make the first million Ringgit so that they will be ‘on par with the other races’. This has resulted in a dangerous form of psychological breakdown as a consequence of the mental breakdown of modern life. The work ethic imposed on Malaysians by global companies, especially profit-driven ones from the advanced nations, have impacted the way we look at work, juggle family life, pursue leisure and pleasure, and the way we create or break families;

• A dangerous trend of a breakdown of race relations, reflected in the nature and style of arguments we engage in, be they in Parliament or in our public schools - this is a continuing pattern of mistrust of the other race based on the struggle to outwit and out-greed each other in our pursuit of material wealth;

• A continuation of the grooming of political-economic dynasties based on the struggle to protect family interests as well as to create more wealth so that money can further sustain power - the idealism and ethics of the early years of Independence are now in the dustbin of history; we now watch a saga of what looked like a war between the Jacobins and the Girondins during the French Revolution, only this revolution is played silently, not for the future well-being of peoples of all races, but for the purpose of empire-building.

There are possible inroads to the long-term economic solutions we can undertake in order to rekindle the spirit of restructuring society and eliminating poverty.

Our current pursuit is creating the opposite effect. It is still-based on the protection of the interest of each race, ideologically derived form the British legacy of divide and rule.

The current path is creating classes of the extremely wealthy few and a growing population of poor. It is creating classes of the extremely wealthy few and a growing population of poor.

We need to go back to studying human nature and what kind of society we wish to recreate. The wealthy class wants to be ensured of control of economic resources so that the system can be maintained and be fine-tuned.

To meet the challenges of a nation that is beginning to think like a dolphin, we have to reject the notion of using force and violence to promote Dinosaur Age thinking.

I suggest we abandon Dinosaur Age thinkers in our march for real-time progress; one in which dolphins surf the yellow waves - elegantly and intelligently.

One race, two sets of views
Insight: By JOCELINE TAN
Sunday September 23, 2007

What do the “three pillars of the Chinese community” or the so-called “banana Chinese” have to do with where the Chinese vote will go in the next general election? Quite a lot, actually.

CORPORATE figure Rita Sim wears several hats but the one she seems to wear rather passionately these days is that of executive director of the Chinese vernacular newspaper Sin Chew Daily.

Sin Chew is the top-selling Chinese paper in the country. It not only makes money, but it is the most powerful voice in the stable of Chinese papers.

Even Education Minister Datuk Seri Hishammuddin Tun Hussein courts the paper because he needs Sin Chew's cooperation to air policies on Chinese schools.

Today, 95% of Chinese children attend Chinese schools. More importantly, said Sim, the Chinese media (six in the peninsula and eight in East Malaysia) is part of what is known as the “three pillars of the Chinese community”.

The other two pillars are the Chinese schools (1,291 SRJKs and 60 independent schools) and the Chinese organisations or hua zong (7,000 registered clan, guild and business groups).

According to Sim, who is also deputy chairman of the MCA think-tank Insap, anyone who wishes to understand the Chinese social and political sentiment has to first understand the Chinese who subscribe to the concept of the three pillars (G1) for the simple reason that they make up 85-90% of the 6.5 million Chinese in the country.

The remaining 10-15% are, for want of a better term, referred to as the English-speaking group (G2).

The G2 encompasses those who are not Chinese-educated; they speak English and include a large number of Christians, the peranakan and also those who are part of the Lions and Rotary Clubs set.

Sim and Insap director Fui K. Soong have done quite a bit of research on the two groups.

“People often talk about the Chinese as though they are one homogenous entity but they are not,” said Soong.

The two groups are quite distinct although they overlap in some traits and issues.

But what distinguishes the G1 from the G2 is that the latter does not subscribe to the three pillars concept even if some of them have begun sending their children to Chinese schools.

To the G1, Chinese education is part of their socio-cultural life and even their identity as a race. Chinese associations and Chinese media also form part of that identity.

But the G2 who send their children to Chinese schools do so for largely pragmatic reasons. They think these schools offer a better standard of teaching and that it is useful to learn an additional language.

The G2 are more likely to read English and Malay papers than Chinese papers and their social life and networking do not revolve around the traditional Chinese associations.

The G1, said Sim, are distinguished by their relative sense of self-sufficiency. They do not depend on nor do they demand too much of the government. Many run their own businesses, mostly small and medium scale enterprises or SMEs.

Fair treatment

Hence, political stability and a good economic environment to work and live in are very important to the G1 and they expect the powers-that-be to provide that climate for growth.

“They want the government to be fair and not to interfere too much in their businesses. Basically, this group wants to be left alone.

“They think they can take care of themselves as long as there aren't too many barriers or interference,” said Sim.

That is why schemes like the Northern Corridor Economic Region and even the Iskandar Development Region, to some extent, do not excite the G1. They think the NCER, which is about logistic and infrastructure building, benefits the GLCs rather than SMEs like their own.

The G1 also see many issues from their own narrow perspective. For instance, the crackdown on pig-farmers in Malacca was not just about the authorities regulating pig-farms but a threat to Chinese business interests.

At the height of the pig farming issue in Malacca, Alor Star MP Datuk Chor Chee Heung could not walk into a coffeeshop in his Kedah constituency without being bombarded with comments.

It was taking place down south but Chinese businessmen in Kedah were riled up as though it was happening at their doorstep.

“One day, I walked into the coffeeshop and I thought ‘die, man, I'm going to get it’. They saw it as a move against the community,” said Chor.

The downside about people in this group is that they tend to live in their own ethnic bubble – they attend Chinese schools, read Chinese papers and, as Soong noted, some of them probably know more about what is happening with political personalities in Taiwan than, say, Umno or PAS.

The Chinese-educated have long labelled the English-speaking group as “bananas,” meaning they are yellow outside (Chinese), but white inside (pro-Western culture). Or, as the Hokkiens would put it a little more explicitly, the G2 folk “chiak ang moh sai” (have eaten too much Western s**t).

There's no denying that the G2 are more open to Western ideas and ideals.

“Their ideas of governance, democracy, role of the media and even elections are influenced by the West, namely Britain and the United States. They like to say these are universal ideals even though half the world does not subscribe to the way the Americans and British think,” said Soong.

And given that the general election is looming on the horizon, the question most asked is how these two groups will vote.

Soong said the G2 are issue-oriented. They are influenced by issues and their votes swing from one election to another. They are mostly middle-class, articulate and prone to take issues to the press and in recent years into the Internet.

Incidentally, Gerakan's base lies mainly with this group.

The Chinese, it is often said, are quite inscrutable about their politics but not this group. They are not afraid to air their political views or who they will vote for.

“They are so articulate about their grievances that people think, ‘oh dear, the entire Chinese community is upset’.But actually, their views reflect mainly those in this English-speaking group,” said Soong.

The G2 have been the most critical of the ruling party in recent years.

The Christians in the G2 are particularly concerned about the issue of Islamic state.

According to Soong, the survival of the common law and the secular state is very important to this group because it guarantees their modern lifestyle and for the Christians, the freedom to practise their faith.

“Their fears about the Islamic State is very real and emotional because they see it as a threat to Christianity. The fear comes from deep in the gut,” she said.

The G1 have their own grouses but their concerns are somewhat more diverse.

“At least 30% of them are hardcore opposition supporters at anytime. This group, even if you sent them to heaven and back, will still vote for the opposition, especially the DAP,” said Soong.

Within the G1, there are also about 25% hardcore MCA supporters who will sink or swim with the party.

Of the remainder, 10% are deemed indifferent to politics and elections, leaving about 35% who are known as the swing voters.

They are the ones whom political parties woo like crazy during elections because their votes can determine the result. The swing voters are also very issue-oriented and would react to things like controversial statements from Umno leaders.

Chinese schools issue

The G1 are generally uncompromising when it comes to Chinese education. The MCA and Gerakan took a beating at the polls during the 1980s because this group felt the government was unfair to Chinese schools.

Many of them now feel that their struggle for Chinese education has been vindicated with the rise of China as a global powerhouse.

They point out that even the US News magazine recently reported that learning Chinese would rank 12th among the 50 things to accomplish in one's lifetime to improve one's quality of life.

The Chinese schools issue has not been this stable in decades, something many credit to the confluence of two key politicians.

On the one hand, there is Datuk Seri Ong Ka Ting, the first MCA president to really understand the community's convictions about Chinese education, hence, his commitment to the issue.

On the other is Hishammuddin who has been more open to Chinese schools than any other education minister in history.

Economic opportunities are another top concern while recent years have seen a rise in concern about crime and public security.

This group's fear about the Islamic State has less to do with its potential impact on their respective religions than on how syariah law will affect their economic interests.

But the issue of fairness underlies the concerns of both groups.

As Chor put it: “Whether it's education, business or local services, the Chinese just want fair treatment.”

If there is anything homogeneous at all about the Chinese, it is about fairness for everyone.

Federal Court completes Subashini hearingSoon Li Tsin
Sep 24, 07 6:45pm

The decision of where jurisdiction is vested should be based in the enacted law from which the matter arises, lawyer Malik Imtiaz Sarwar told the Federal Court today as it wrapped up its hearing on the R Subashini case.

Representing secretary Subashini, Malik told the three-member Bench led by Justice Nik Hashim Nik Abdul Rahman that recent case law held that courts have to consider the relevant legislative provision said to vest jurisdiction in the respective courts.

“Jurisdiction is vested in the High Court and syariah court by enacted law. The marriage between Subashini and her husband was made under civil law, Law Reform (Marriage and Divorce) Act 1976,” he said.

“The court must follow this decision unless it can be established that the decision (in those case law) is wrong, uncertain, unjust, outmoded or obsolete.”

Subashini, 28, a Hindu, is trying to stop her 31-year-old husband T Saravanan - who now goes by the name of Muhammad Shafi Saravanan Abdullah - from taking matrimonial proceedings to the Syariah Court. 

Her battle began when her husband converted to Islam in May 2006 and converted their eldest son, Dharvin Joshua, 4, as well.

The husband then launched proceedings in the Syariah Court for divorce and custody of their second son, Sharvin, 2. He is represented by Mohamed Haniff Khatri Abdullah.

Malik also rebutted Haniff’s earlier argument that Section 51 of the Law Reform (Marriage and Divorce) Act 1976 (LRA), which governs civil marriages, was unjust and unconstitutional. 

The provision states that only a non-Muslim spouse can become the petitioner in a divorce petition and applicant in the civil court, while the Muslim spouse is compelled to remain as a respondent.

“Section 51 was drafted to protect women and children against (the actions of) Muslim converts. The husband cannot shield himself from responsibility under LRA by shielding himself behind Article 121(1A).

“Conversions such as his (Muhammad Shafi’s) could undermine the legislative scheme put in place for all the parties including the children.”

Article 121(1A) states that the civil court has no jurisdiction on matters under the purview of the Syariah Court.

Parent’s right

On the issue of Dharvin’s conversion, Malik noted that Article 160 read with the 11th schedule of the Federal Constitution provides that words in the singular also includes the plural and vice-versa.

Muhammad Shafi has contended that he had a right to convert his child because Article 12(4) states the right of a ‘parent’ to determine the religion of a child.

“Article 12(4) entrenches the right to choice of religion of both parents. This is consistent with guarantee of gender equality in Article 8(2),” he said.

After he concluded his submission, Malik was quizzed by judge Azmel Ma’amor about the position of Islamic law in the country and whether remedy is afforded for Muslim converts in civil law.

Malik explained that, for religious law and rulings to have an enforceable effect on an individual, it must first be codified. Any law that is not codified is not recognised by the courts and is therefore not enforceable.

The other judge presiding over the case is Abdul Aziz Mohamad.

The Bench reserved judgment, saying it would require more time to go through the written submissions on the appeals concerning the divorce and custody dispute.

“There are too many points in law to be considered. We will need more time to look at it, the decision will be on date to be fixed,” Nik Hashim said.

'Hubby cannot claim he no longer comes under purview of civil laws after conversion to Islam'
WEB EDITION :: Local News
R. Surenthira Kumar

PUTRAJAYA (Sept 24, 2007): A husband cannot claim he no longer comes under the purview of civil laws after his conversion to Islam, argued the lawyer representing R. Subashini in the Federal Court today.

Malik Imtiaz Sarwar told the panel of three judges that by making such a claim, a convert could leave the other party in a civil marriage in the doldrums by seeking recourse in another court to resolve the dispute between them.

He added that the argument that the syariah court had the power to legislate to dissolve marriages under the Law Reform (Marriage and Divorce) Act 1976 (LRA) was unreasonable because it extended the syariah court’s jurisdiction.

Malik Imtiaz said the implications from such an argument were unreasonable because it would:

• appear that the syariah court could embrace non-Muslims,
• allow for the converting spouse to ignore his or her obligations under the LRA at a time when the party concerned was a non-Muslim,
• leave the non-Muslim spouse with no meaningful and just recourse, and further run counter to the guarantee of equal protection under Article 8 of the Federal Constitution.

Malik Imtiaz said this Article guaranteed the wife, in this case, the right to procedural and substantive fairness.

He added that the power to legislate must be harmonised with this fundamental liberty, if not, the liberty would be rendered illusory.

Malik Imtiaz was submitting his reply in the legal tussle between Subashini, 29, a Hindu, and her Muslim convert husband, T. Saravanan, 31, over the dissolution of their civil marriage, conversion of their second child, and custody over their two sons.

Saravanan, now known as Muhamad Shafi Saravanan Abdullah, had earlier converted the couple’s eldest child without his wife’s consent.

On March 13, Subashini was told by the Court of Appeal in a majority decision with Justice Gopal Sri Ram dissenting, that she could not stop Saravanan from dissolving their marriage, seeking custody of their children and unilaterally converting their children to Islam.

She was also told that she could instead seek recourse through the Syariah Appeal Court.

In appealing the Court of Appeal’s decision yesterday, Malik Imtiaz said the syariah court’s jurisdiction was circumscribed by the requirement that it be over persons professing Islam, and hence the syariah court can only enforce laws when all parties before it profess the religion.

Malik Imitiaz also rebutted Saravanan’s argument that his wife’s divorce petition was premature as she had ignored the Islamic imposition of waiting for three menstrual cycles to lapse first.

Malik Imtiaz said Saravanan himself had filed for divorce in the syariah court a day after his official conversion, and before the three month cycle had lapsed.

He also said the statement that Islam was the "religion of the Federation" as stipulated in Article 3(1) of the Federal Constitution was only meant for rituals and ceremonies, and was never intended for Islamic law to operate beyond the expressed confines of the constitution, in particular against persons who do not profess Islam.

Malik Imtiaz said if the arguments of Saravanan’s lawyer were accepted, this would mean that the state was allowed to legislate Islamic law to be applied on non-Muslims.

This, he added, was totally contrary to the Federal Constitution’s careful scheme to protect the religious rights of all Malaysians, in particular non-Muslims.

Malik Imtiaz said Saravanan’s religious freedom was not being violated because the key consideration in the case were the antecedent rights that were contracted under the LRA when both husband and wife were non-Muslims.

Judges Datuk Nik Hashim Nik Abd Rahman, Datuk Abdul Aziz Mohamad and Datuk Azmel Maamor said they needed time to consider the submissions from both parties. A decision would be delivered on a date to be fixed later.

Updated: 07:51PM Mon, 24 Sep 2007

'Only High Court can annul civil unions'
NST Online » Local News
2007/09/25

PUTRAJAYA: The syariah court has no jurisdiction to dissolve civil marriages, a lawyer told the Federal Court.
Counsel Malik Imtiaz Sarwar said such a marriage must be annulled in the High Court even if one of the spouses had converted to Islam.

"The jurisdiction of the syariah court is confined to Muslim marriages only," said Malik, counsel for secretary R. Subashini, who is appealing against the decision of the Court of Appeal, which ordered her to go to the syariah court to fight for her matrimonial and custodial rights of her children .

Judge Datuk Nik Hashim Nik Abdul Rahman, Datuk Ab-dul Aziz Mohamad and Datuk Azmel Maamor are hearing the appeal.

Subashini, 28, has been embroiled for more than a year in a legal tussle with businessman T. Saravanan, whose Muslim name is Muhammad Shafi Abdullah.
The couple was married in 2001 and registered their union under the Law Reform (Marriage and Divorce) Act 1976.

They have two sons, Dharvin Joshua, 4, and Sharvind, 1.

On May 19 last year, Shafi, 31, embraced Islam and converted Dharvin.

He then filed an application at the Kuala Lumpur Syariah Court to dissolve his marriage and obtain custody of the children.

Upon hearing Shafi's pending application at the syariah court, Subashini filed a petition at the Kuala Lumpur High Court on Aug 7 to dissolve their marriage and to obtain custody of the children and maintenance.

The matter became complicated because Shafi had gone to the syariah court while Subashini had gone to the civil court.

Federal Court needs time over Subashini appeal   
Nation
Monday September 24, 2007
MYT 7:31:18 PM
By RAPHAEL WONG

PUTRAJAYA: The Federal Court has reserved judgment in the appeal of a woman who is trying to prevent her Muslim-convert husband from dissolving their marriage in the Syariah Court and converting their second son.

Federal Court Justices Nik Hashim Nik Ab Rahman, Abdul Aziz Mohamad and Azmel Ma’amor said they needed time to consider all points raised by Malik Imtiaz Sarwar and Mohd Haniff Khatri Abdulla, counsel for R. Subashini and T. Saravanan, respectively.

“The time required is necessary for us to come to a correct decision,” said Justice Nik Hashim on Monday.

In September last year, the Kuala Lumpur High Court dismissed Subashini’s application to stop Saravanan from resolving their marital problems in the Syariah Court.

On March 13, Court of Appeal judges Suriyadi Halim Omar, Hassan Lah and Gopal Sri Ram had, in a 2-1 majority judgment, ordered Subashini to take her divorce and custody claims to the Syariah Court.

Two weeks later, the same panel in a majority judgment, granted an injunction preventing Saravanan from initiating or continuing with any proceedings in the syariah courts or converting their younger son.

Subashini, 28, and Saravanan, 31, have yet to finalise their divorce. They have two children – Dharvin Joshua, four, and one-year-old Sharvin. 

Saravanan claimed the elder child converted to Islam with him last May.

At the outset, Malik said the contention that Subashini could submit to the Syariah Court’s jurisdiction was unacceptable as the Federal Constitution limited the provisions of syariah law to Muslims only. 

Therefore, Subashini could only submit to the provisions of civil law, he said.

Doing a comparison, Malik said the Federal Constitution was the supreme law of the land unlike the Federal Constitution in Pakistan where its supreme law was syariah law.

“Since our Federal Constitution states it is the supreme law of the land, it only provides one mechanism for the creation of law, the Dewan Rakyat and state assembly,” he said.

Malik also said that this was the reason why there was an administration of law enactment in every state relating to syariah matters.

“There is Islamic law which is guided by the muftis and fatwa council of the respective states but until it is enacted, it is not an enforceable law,” he said. 

When rights collide with freedoms
TheStar.com | News |
TORY ZIMMERMAN/TORONTO STAR
May 28, 2007 10:32 AM

True story: man kills wife, stabbing her in the neck 19 times with a steak knife, is convicted of first-degree murder and appeals on basis that she was unfaithful and, as a devout Muslim, he was protecting family honour.

Nice try, and maybe elsewhere in the world Adi Abdul Humaid might have been acquitted. But the United Arab Emirates citizen made the mistake of murdering Aysar Abbas in Ottawa in 1999 and, ultimately, the Ontario Court of Appeal rejected his appeal.

Superior Court Justice J.A. Doherty said that had Humaid killed his wife for religious beliefs, that alone would have been "a motive for murder." But it was a moot point because Doherty didn't buy Humaid's new religious devotion and, in his 2006 ruling, concluded the story lacked credibility.

Nevertheless, the judge was concerned enough about the nature of the defence argument to write: "The alleged beliefs are premised on the notion that women are inferior to men and that violence against women is in some circumstances accepted, if not encouraged. These beliefs are antithetical to fundamental Canadian values, including gender equality."

So there you have it. Fundamental Canadian values. They exist. Although the case didn't set a charter precedent – say, gender rights over religious rights – the judge couldn't have been clearer in signalling his position. Some lawyers interpreted his comments as a warning about trying to use religious freedom to justify murder.

Perhaps it's not such a stretch to be thinking about such arguments. Already, there is growing controversy over women's rights in our multicultural society, whether over wearing the veil to vote in Quebec or the practice of polygamy among B.C. Mormons. Doesn't it say something about the status of women's rights when polygamy, illegal under the criminal code, is allowed to continue?

No wonder Toronto academic Janice Stein is worried. Increasingly, she is speaking out about the potential for women's rights to be trumped by competing religious and cultural traditions.

"There is no question that there is a conflict between equality rights, on the one hand, and the right of freedom of religion, on the other," Stein writes in Uneasy Partners, an upcoming book of essays about multiculturalism and rights. "The law recognizes that conflict, but we need to ask hard questions about the balance between them."

Stein, who teaches at the Munk Centre for International Conflict Management, argues that Canadians shouldn't feel smug about protecting equality rights. She finds that people "tiptoe" around safeguarding gender rights. And Stein fails to find solace in the fact that Canadians, particularly in multicultural Toronto, like to pride themselves on their ability to get along or (using a Supreme Court term) find "reasonable accommodation" with one another.

Not everybody agrees with Stein who, for example, bristles at her rabbi's belief in the "separate but equal" treatment of women and challenges the right of religious institutions to receive charitable status when, in her view, they discriminate against women.

And yet, whatever their opinions, women told the Star they want to talk about this issue. They agree there should be dialogue and debate about what happens "when rights collide," as former Ontario NDP attorney-general Marion Boyd puts it.

We spoke to two dozen women in recent weeks, asking how they see gender rights in a multicultural society. In their words, they want to explore, discuss, debate, uncover, educate and demystify.

For Boyd, the answer is simple: the rule of law prevails. That was her argument in her 2004 report urging the Ontario government to continue to allow religious law – including Muslim sharia law – in the arbitration of family disputes, as long as people retained the right to appeal to the civil courts. Instead, Premier Dalton McGuinty banned religious arbitration.

Admittedly, the subject is fraught with the potential for misunderstanding. Views are passionate, often contradictory. Minefields lurk in every word and concept.

Ratna Omidvar, executive director of the Maytree Foundation, which focuses on social justice, cautions: "Don't position women's rights versus multiculturalism. There's too much baggage in that term, and it should never be either/or. Rather, it should be: how do we protect the rights of women in an inclusive and diverse society?"

Are we doing enough to protect women? What's our collective responsibility? What are the flashpoints over competing rights? Where do the challenges lie? What are the experiences? And do women's rights always come last?

From the trenches of social activism, Avvy Go, director of the Metro Toronto Chinese and South Asian Legal Clinic, argues that "equality rights are not trumped, they are just ignored. If you look at the decisions of the courts, they always talk about something else first.. . . They are afraid to open the floodgates because the courts in general have a very hard time understanding equality rights."

The paranoid, post-9/11 world adds another level of fear. Alia Hogben, president of the Canadian Council of Muslim Women, sighs audibly over the telephone before saying: "I hope this is not going to become a story about Muslims, not just a story about whether we as a group are being accommodated. It's so important not to do that."

Unconscious racism slithers in so effortlessly. Should it be pointed out that nowhere in the Qur'an would Adi Abdul Humaid have found the murder of a woman portrayed as a holy act? Or is that being too preciously politically correct?

Societal pressure points aren't restricted to any one group. Arguably, the country's most controversial decision affecting women came recently when the B.C. Human Rights Tribunal said it lacked the authority to hear a complaint about the practice of polygamy in the fundamentalist Mormon community of Bountiful.

Olivia Chow, NDP member of Parliament for Trinity-Spadina, blames "fundamentalist everything" for causing problems for women.

"The whole issue of fundamentalism is very dangerous. It is the reading of religious tenets as the ultimate truth that tries to exert social control over women," says Chow. Women have the right to choose for themselves, including whether they want, say, an arranged marriage. But it must be their choice.

There's the rub. How to know? The consensus among women we interviewed is that education is critical. Services must be provided across the board in every community, including shelters for abused women and counselling, and women must know what resources are available.

Ramandeep K. Grewal, active in women's issues in the Sikh community, says it's not about religion. She sees Sikhism as free of gender bias and instead posits that "Punjabi culture is very male dominated. It's macho and chauvinistic in many ways. It's not a religious conflict; it's a cultural conflict."

Public tensions have been reasonably fleeting in Toronto – at least to date. A TTC bus driver refuses to allow a veiled Somali woman to use her Metropass. A cab driver with orthodox beliefs exhibits problems dealing with a female passenger. A magazine editor recounts the story of a friend being told by one such taxi driver: "I don't take orders from women."

But for the most part, conflicts have been in Quebec, mostly over girls wearing the hijab headscarf. And, in a supremely bizarre case, the village of Herouxville (pop. 1,500), northeast of Montreal, passed a municipal "code of life" claiming their town wasn't partial to the stoning and/or burning of women and that wearing a veil publicly wouldn't be permitted except on Halloween.

Hogben argues the clothing issue should be important only when safety or identification is involved. Otherwise, a woman should wear what she pleases, be it bikini or veil. Often, she intuits deeper resentments at play: "There's a lot of feeling among older Canadians – `Why don't you all just fall into line?' "

Hogben makes a final point. "There must be a lot more public discourse about what is expected of newer immigrants," she says, adding the dialogue should begin outside Canada. "Tell people what to expect in this country. Tell them that women's equality is fundamental in Canada. Hitting may be part of one's culture but we don't permit it here.... Sorry, hitting women is not allowed in Canada."

At least not in theory.

Another good place to start talking.

Not good to have too many Chinese associations, says senator
parliament
15/04/2003

KUALA LUMPUR April 14 - There are 7,500 Chinese associations and organisations that are still active in the country, and such a large number may cause disunity in the community, the Dewan Negara was told Monday.

Senator Datuk William Lau Kung Hui said he was raising this matter in the hope that something could be done although it was considered a sensitive matter by Chinese community leaders.

"If a community has too many associations, it would be split, and this is against national aspirations for the people to live in unity," he said when debating the motion of thanks on the Royal Address.

He said the government should study whether these associations were still relevant.

"Previously, associations were formed to help those who had just migrated to the country but in the present context they are no longer suitable," he said.

Senator Jamilah Ibrahim from Kelantan said men should practise polygamy only as a last resort if the situation warranted it.

She concurred with the view of Senator Datuk Nor Azah Awin, who had interrupted the debate to say that many husbands did not follow the rules when practising polygamy.

Jamilah also suggested that the Women and Family Development Ministry hold meetings with the State Islamic Department to work out guidelines on the distribution of common matrimonial property between the first wife and husband practising polygamy.

"Just imagine a couple married for 30 years who have together built up their assets, and suddenly the husband feels like getting a new partner, resulting in this property falling into the hands of the new wife. This is what we don't want to happen," she said.

However, she was against the recent monogamy campaign launched by a grouping of 12 non-governmental organisations, saying it went against Islamic teachings.

"I was surprised to hear about the campaign as it questioned what has been legitimised by Islam. To me, this matter can be settled at the negotiating table between the husband and wife concerned," she said.

Jamilah also called for firmer measures to combat drug addiction in the country.

"I propose that drug addicts be placed on an isolated island with tight security to cut off the drug supply line from traffickers," she said.

Addicts under rehabilitation should be given proper religious education and training to prepare them for life after their release, she said.

The House will sit again tomorrow.

TRANSLATION
[Authoritative Copy - Bahasa Malaysia ]
MONDAY, 27 AUGUST 2007, AT 10.00 AM
No. 43

QUESTIONS FOR ORAL ANSWERS
24. PR-1143-L9923

Tuan Lim Kit Siang [ Ipoh Timur ] to ask the PRIME MINISTER to state on the occasion of 50th Merdeka anniversary, the Cabinet will reaffirm the Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion but not an Islamic state.

Tuan Lim Kit Siang (Ipoh Timur) minta Perdana Menteri menyatakan sempena Ulang Tahun Kemerdekaan Ke 50, adakah Kabinet akan berikrar semula kontrak sosial merdeka dan Perjanjian Malaysia bahawa Malaysia ialah sebuah negara sekular dengan Islam sebagai agama rasmi dan bukan sebuah negara Islam (Islamic State).

Perdaka Menteri -

Semakin dekat kita menghampiri ulangtahun kemerdekaan negara yang ke 50, semakin kerap kita mendengar pihak Pembangkang mempersoalkan isu seperti kontrak sosial dan status Malaysia sebagai sebuah negara Islam ataupun sekular. Walaupun telah beberapa kali penjelasan saya berikan, namun isu ini tetap dibangkitkan, sehingga menyebabkan saya membuat kesimpulan, bahawa ianya sengaja dipanjangkang untuk kepentingan politik pihak Pembangkang. Oleh itu, saya berdiri di Dewan yang mulia pada hari ini untuk menjawab isu ini dengan sejelas-jelasnya, agar isu ini tidak dipanjangkan sehingga menimbulkan ketidakselesaan di kalangan penduduk pelbagai kaum di Malaysia .

Seperti yang telah saya nyatakan sebelum ini, Malaysia bukanlah sebuah negara sekular ataupun negara teokratik. Malaysia adalah sebuah negara Islam, yang ditadbir berlandaskan prinsip-prinsip Islam, dan pada masa yang sama, berpegang teguh kepada prinsip-prinsip demokrasi berparlimen yang berpandukan kepada undang-undang tertinggi negara, iaitu Perlembagaan Persekutuan.

Prinsip Islam yang saya maksudkan di sini dapat dilihat melalui pendekatan Islam Hadhari yang telah saya perkenalkan. Di bawah pendekatan Islam Hadhari, kerajaan memberi penekanan kepada pembangunan yang menjurus kepada pembinaan peradaban dan memberi fokus kepada usaha mempertingkatkan mutu kehidupan melalui penguasaan ilmu, pembangunan insan, kesihatan dan fizikal. Pendekatan Islam Hadhari adalah satu panduan kepada Kerajaan dalam melaksanakan tanggungjawabnya dengan adil dan saksama kepada semua rakyat Malaysia . Pendekatan Islam Hadhari ini juga memenuhi keperluan untuk mengekalkan keharmonian di kalangan penduduk yang berbilang kaum dan berbilang agama di negara kita ini.

Pemakaian pendekatan Islam Hadhari, bagaimanapun, tidak bermakna kita adalah sebuah negara teokratik. Kerajaan yang saya pimpin adalah sebuah kerajaan yang berasaskan kepada prinsip demokrasi berparlimen dan bertanggungjawab kepada Parlimen. Pada masa yang sama, Kabinet terdiri dari menteri-menteri yang beragama Islam, Buddha, Hindu, Kristian dan lain-lain, sama-sama bermuafakat membincang dan menghasilkan dasar-dasar pembangunan negara. Kerajaan sentiasa memberi perhatian dan menjaga kepentingan rakyat, termasuk memastikan setiap seorang penganut agama bebas untuk mengamalkan ajarannya sendiri. Semua pihak mendapat bantuan daripada Kerajaan sama ada masjid, surau, kuil atau gereja. Pembangunan negara telah dilaksanakan dengan adil, tanpa menindas mana-mana kaum atau agama. Sebenarnya, inilah juga yang dimaksudkan oleh YAB Timbalan Perdana Menteri ketika beliau menyatakan bahawa Malaysia adalah sebuah negara Islam.

Cara pemerintahan sebeginilah yang telah dipakai oleh Kerajaan Malaysia selama lebih 50 tahun lamanya. Formula unik ini telahpun diuji dengan jayanya dan saya tidak nampak kenapa Kerajaan yang dibentuk seperti ini tidak boleh diteruskan pada masa hadapan. Saya juga menolak hujah bahawa ia adalah bertentangan dengan kontrak sosial yang telah dirunding sesama pemimpin kita dahulu. Kita perlu mengingati bahawa Perlembagaan Persekutuan telah berjaya digubal atas sikap tolak ansur dan kerjasama yang ditunjukkan oleh ketiga-tiga kaum terbesar di negara ini sewaktu menuntut kemerdekaan, dan ianya mengandungi artikel yang mengambil kira keperluan pelbagai kaum untuk hidup dengan aman-damai. Contohnya, walaupun agama Islam menjadi agama rasmi Persekutuan, penganut agama-agama lain adalah bebas mengamalkan agama masing-masing. Pemakaian prinsip-prinsip Islam dalam pentadbiran negara, seperti yang telah saya nyatakan tadi, tidak sesekali mengubah kontrak sosial atau asas Perlembagaan kita.

Kerajaan sememangnya memberikan ruang kepada pelbagai pihak untuk bersuara. Namun amat salah sekali sekiranya ada pihak yang menyangka bahawa ruang tersebut tiada batasnya. Bukannya menjadi maksud Kerajaan untuk menyekat kebebasan menyuarakan pendapat, tetapi sebarang perbuatan atau kata-kata yang boleh membangkitkan emosi atau perasaan marah antara kaum di Malaysia sememangnya melampaui kebebasan yang dibenarkan. Kita mesti sedar bahawa terlalu banyak yang dipertaruhkan di sini – kestabilan ekonomi, politik dan sosial semuanya akan musnah sekiranya sensitiviti keagamaan atau perkauman tidak diambilkira. Oleh itu, Kerajaan tidak akan teragak-agak mengambil tindakan undang-undang sekiranya ada pihak yang cuba mengambil kesempatan dan menyalahgunakan kebebasan bersuara yang telah diberikan.

Sempena kita menyambut ulangtahun kemerdekaan negara yang ke-50 ini, saya menyeru agar kita semua memperbaharui semangat cintakan negara dan bukannya mencari ruang untuk mempolitikkan sesuatu yang telah diterima pakai dari dahulu lagi. Kita mesti mendahulukan keperluan menyatupadukan rakyat, dan bukannya menimbulkan isu yang hanya menimbulkan ketegangan sesama kita.

'Negarakuku': MCMC launches probe
Bede Hong and Ng Ling Fong
Aug 20, 07 2:00pm

Contacted today, MCMC director Abdul Halim said the case has set a precedent as the subject of the investigation is overseas. Wee, 24, is a university student in Taiwan.

“We will complete the investigation papers. We have to record statements from the relevant parties,” he said, adding that Wee’s family members are expected to be interviewed as well.

On whether MCMC will question Wee in person, Abdul Halim said the issue would be referred to the Attorney General’s Chambers.

“This is the first time that such a case has happened. Aside from the location of the subject, it will be a normal process,” he added.

Report lodged

The investigation was based on a report lodged with MCMC against Wee last week, for allegedly inciting racial hatred.

The rap video, entitled Negarakuku, was posted on YouTube in July. It has been viewed over half a million times since then.

Wee received fervid responses from thousands of Internet users who in the comments section, said his video displayed racial insensitivity and was insulting to Islam.

Government officials and community leaders have also criticised the video.

For his video, Wee went under the moniker Namewee, the first two syllables translate to a foul word in the Hokkien dialect.

In the video, Wee, who has since apologised for his action, accused the Malaysian police of being corrupt and described the subuh (Muslim dawn) prayers as his wake-up call.

He also insinuated that the Malays, who form the majority of government servants and enforcement officers, are lazy and proud. He described the Chinese as hardworking.

Prime Minister Abdullah Ahmad Badawi said that while his apology is accepted, Wee will not be exempted from possible legal action.

The student could be charged under the Sedition Act, which carries as maximum three-year jail sentence upon conviction.

‘Aren’t they real issues?’

When contacted, Wee said that he believed that the problems which arose as a result of his Negarakuku song could be solved amicably.

He said that he wanted to come back to Malaysia to personally settle the issue but was hampered by financial difficulties at the moment.

He further said he wanted to explain to the people here on the meanings of his lyrics.

“Even if I had not sung the matters in my song, does it mean that what I have mentioned do not exist,” he asked.

He also rejected claims that he had meant ill-feelings to anyone in another song titled Kawanku (My Friend) which is now making its round in the YouTube.