Hudud : "..Malaysia is doomed" - TAN SRI MOHD SHERIFF MOHD KASSIM

The following comment written by Tan Sri Mohd Sheriff Mohd Kassim appeared in The Star today. My comments follow.

Poser over PAS tabling of hudud bill

THE possibility that a Private Member’s Bill could be tabled in Parliament to allow hudud to be introduced in Kelantan does not speak well for the politics of the country.

All Muslim MPs , including those from Umno, will be faced with a delicate situation whether to vote for or against the bill or to abstain.

One big issue they have to consider is having Syariah laws exist side by side with secular civil and criminal laws in the system of justice.

The other is the practical issue of implementing parallel laws, with one system for Muslims and the other for non-Muslims.

We are already seeing the muddled justice system at work. There is the living example today of the police left undecided how to deal with the abduction of the son by the father who is a Muslim convert, despite the earlier ruling by the civil court to grant custody of the children to the mother.

The police should do the correct thing – find the man who abducted the son or arrest him for attacking the wife, as this is clearly a violation of the law. But the police appear to be saying that since there are two laws , they don’t know what to do. Obviously, this again brings up the question of which law has supremacy over the other.

If this is how our laws are going to work, then it’s going to destroy this lovely country.

Once this kind of justice is seen by the world to be typical of the whole system, Malaysia is doomed.

The trigger point is when Malaysians start to have no confidence about the justice system, foreigners will then take the cue that this is a dangerous country to visit or do business with. 

Tourist arrivals and foreign investment will start to dry out and once these key drivers of the economy start to decline, we can forget about achieving the 2020 target of becoming a high income country.

Is economic growth that important? My answer is yes, definitely. 

I would say that in this day and age, it is the most fundamental requirement for keeping the country together and preventing it from becoming a failed state. Economic growth which provides better jobs and higher incomes for families, coupled with caring government policies which safeguard the people’s welfare and give them hope for a better future, these are what the rakyat want most from their Government.

Malaysia has a system of laws and institutions that is working well for the country and the economy and which has been effective in creating a framework for peace and security in our multiracial society.

True, there are several areas that need improvement to bring it up to world standards, especially on issues of democracy, human rights and freedom of expression.

Although there are increasing demands for change and occasional street demonstrations to put pressure on the Government, this is not a concern to the public, to businesses, investors and tourists as they know it’s a normal democratic practice everywhere for people who want to express their opinion to sometimes go on the streets to attract world attention.

However, if the country has laws based on religion, this will raise alarm among our people and foreigners as they know that opposition to Islamic laws is strictly forbidden in Muslim countries, with heavy punishment including the death sentence. 

This will create anxiety and fear as the people will now have no say in making any proposals for change as all powers of legislation will be in the hands of the ulamas, not their elected representatives.

Ulamas are known for their intolerance for any challenge to their fatwas, which is an affront to our democratic rights to disagree and to object. 

To liberal Malaysians who form the silent majority, justice denied is a source of instability and it’s a sure sign of future trouble and instability in the country.

We have seen in many Muslim countries that when fear and uncertainty set in, the rich start taking their money out to safer places and the brightest and most useful citizens migrate with their families to other countries for the sake of their children’s future. Many countries have fallen into decay because their best people have deserted their country of birth.

In a multiracial nation like Malaysia, religion can be a divisive factor in nation building if it is used against the wishes of the majority. 

I believe the majority of Malaysians want the Government and the lawmakers to concentrate on the issues that concern us deeply - peace and security for the country and higher quality of life for the people.

Malaysia has developed to its present status by being closely connected with the outside world, not just in terms of trade and investment but also through our openness to progressive ideas from the West and East.

We want to maintain the values and institutions that characterise a progressive country and we therefore ask our leaders to give higher priority to the wider interests of the nation when tabling any new laws in Parliament. Accordingly, Parliament must weigh the costs and benefits to the nation before making its decision on the Private Bill in favour of hudud laws.

Our racial and cultural diversity has turned this place into one of the most dynamic and forward-looking countries in the world. We do not want to allow all this strength and vitality in the people to be sapped away by worries and uncertainties about the future.

TAN SRI MOHD SHERIFF MOHD KASSIM

Kuala Lumpur

My comments.  This is a very simple yet astute observation by Tan Sri Mohd Sheriff Mohd Kassim, the former KSU of the Treasury, CEO of Khazanah Nasional for nine years and many other appointments. I would like to analyse his comments point by point. Here goes :

1. Can we table a private members Bill in parliament in support of imaginary pet unicorns? If no why not? Because it will be a waste of time. Imaginary pet unicorns do not exist. However if someone still insists, then shouldnt we at least have free and open discussion to determine the debate about imaginary pet unicorns before we debase the majesty of our Parliament with trivia like imaginary pet unicorns?

The same applies for hudud. The hudud is different according to mazhab (sectarian interpretation) and according to feqah (theological jurisprudence). There are no standardised shariah or hudud laws anywhere in the world. There is NO complete written down set of shariah and hudud laws anywhere in the world. So with all these differences and all this "non existence", how do we know the hudud is even god's law? Who said so?

So the possibility that a Private Member’s Bill could be tabled in Parliament to allow hudud to be introduced in Kelantan without debate and discussion of the hudud itself is evidence enough that the ignorant (jahileen in Arabic) are calling the shots.

2. How can you have two systems of justice with different standards of justice? In over 1400 years of history, many Muslim women have suffered rape. Women who are raped and become pregnant MUST BE prosecuted as adulterers in the hudud court. They must prove that they were raped. If they cannot prove they were raped, they can be stoned to death. This is the hudud law.

But in over 1400 years of "Islamic" history, there has not been even one case where a Muslim woman who was raped was able to produce FOUR MALE WITNESSES OF GOOD CHARACTER who willingly witnessed her being raped - this being the gold standard for the rape victim to free herself of the counter charge of adultery.

Yet this is touted as hudud law or shariah. There is no such thing as FOUR MALE WITNESSES to prove or disprove the charge of adultery (zina) in the Quran.  The Quran says FOUR witnesses are required if a charge of indecency (fahishatan) is made against chaste women (muhsanaati). So in the literal Quran it is the other way around - the accuser must bring forth FOUR WITNESSES against the women.

So before anyone wants to implement their version of hudud, shouldnt there be an intellectual debate about what exactly is hudud and sharia? And what is wrong with free and open discussion? Isnt it part of the democratic process to discuss and debate laws first before we implement them?

And isnt it barbarism to say that those who dont agree with your interpretation of anything shall be fined or thrown in jail? What type of uncivilised behaviour is that?

3.  It is true that the Police are already confused. In any case at all - not just in the present case - if the Civil Court had awarded the mother custody of the children earlier, how can a shariah court that made a ruling later supersede the civil court. Lets say the father waited a few more years to file his custody case with the shariah court. Say by that time the daughter is married (say at age 17 - which is ok according to shariah) to a non Muslim. Then can the shariah court still grant the father custody where the father can ask for his daughter's marriage to a non Muslim to be nullified? Nullifying marriages has happened before. Many times. And this is justice?

A country or a society will be as good as the laws it makes to govern itself. And it must implement those laws fairly and efficiently.  But if the laws do not make sense or if they are based on a perverted sense of justice then whether the laws are implemented fairly or not - that society is certainly doomed.

Let me quote another analogy. If you pass ridiculous or unjust laws then you are doomed. There is no such thing as a fair implementation of unjust laws.  

4.  I agree with Tan Sri Sheriff  that this is "going to destroy this lovely country."  Malaysia is doomed.

I agree that "foreigners will then take the cue that this is a dangerous country to visit or do business with." 

But what will the jobless, unemployable classes say? The serbanis and the unhygienic village intellects who cannot hold a normal job but who hold so much "religious" influence in this country? What will they say? They will say 'So what?' So what if the foreigners dont invest? So what if the tourists dont come? We dont need them. We are going to heaven and they are going to hell.  If we need rain, we can pray for rain. We dont need them. This is the Club of Doom. Economy is a fundamental requirement? To the serban is a fundamental requirement.  Economy can go to hell.

Gambar hiasan saja ye. Jangan marah ye.

5.  Tan Sri Shariff points out that Malaysia still has "several areas that need improvement to bring it up to world standards, especially on issues of democracy, human rights and freedom of expression."

This is a moot point. It does expose the casual hypocrisy of many, many Malaysians especially the middle classes. How come few people or no one spoke up when Kassim Ahmad was charged in court for expressing an opinion? What democracy, what human rights and what freedom of expression are you talking about when your have Religious Enactments which can arrest, fine and jail people whom you do not disagree with?  

And everyone keeps quiet. This is casual hypocrisy - a truly Malaysian sickness.

6.  Now I have a question for the silent majority in this country - the non Muslims and especially the Muslims. I am referring to the middle classes, the educated classes, the professional classes.

I agree with Tan Sri Sherriff that :

i. if the country has laws based on religion, this will raise alarm among people

ii. opposition to Islamic laws is strictly forbidden in Muslim countries

iii. with heavy punishment including the death sentence. 

iv. people will now have no say in making any proposals for change 

v. all powers of legislation will be in the hands of the ulamas
vi. ulamas are known for their intolerance 

vii. an affront to our democratic rights to disagree and to object. 

But what are the "liberal Malaysians who form the silent majority" doing about this? The silent majority, the middle classes are the culprits here. They are keeping quiet while the half educated, semi literate, unhygienic, village intellects are bulldozing yet to be proven 'laws of the arabian desert' as our laws. They are going to destroy our country and you are doing nothing about it.

Here may I take a minute and salute Tan Sri Mohd Sheriff Mohd Kassim  for putting his thoughts down on paper and having it published. I believe there are millions of people who think in the same way but they are just too uninvolved to do anything. Just go on with your lives and let these serbanis invade your lives little by little. Let the country go to hell.

In conclusion - let me say that it is pointless talking to the serbanis. They are of low intellect, prone to using violence and force to settle differences with people they do not agree. Their violence is either mob violence of the street or State sanctioned use of force - which is also violence.  Going at this pace it is a question of time before the first suicide bombers appear on our streets.

It is the middle classes, the silent majority who must stand up and reclaim the country from the serbanis. There is a huge strength that is with the silent majority, the educated classes and the middle classes which the serbanis do not have. This is intelligence. 

By asking questions, by asking for dialogue, by asking for open discussion, by asking for proofs you already have intelligence on your side. The use of brains.

In complete contrast :

The serbanis will absolutely deny any questioning. 

They will deny any chance for free and open dialogue. 

They will reject any type of free and open discussion. 

They HAVE ABSOLUTELY NO PROOFS FOR WHAT THEY SAY. 

This means they have no intelligence.

They are stupid.

And this is what sustains them - stupidity and making threats of hell fire and making threats of throwing you in jail. That is all that they have.

Do they have any proof for what they say? No they dont.

And you - the middle classes, the educated people, the silent majority want to give them license to destroy the country? Think again.

Playing with fire

Oops !! Sorry Afghanistan.

'Double dealing': How Pakistan hid Osama Bin Laden from the U.S. and fueled the war in Afghanistan

What if the United States has been waging the wrong war against the wrong enemy for the last 13 years in Afghanistan?

Pulitzer Prize-winning New York Times journalist Carlotta Gall, who spent more than a decade covering Afghanistan since 2001, concludes just that in her new book, “The Wrong Enemy: America in Afghanistan, 2001-2014.”

Gall told “On the Radar” that Pakistan – not Afghanistan – has been the United States’ real enemy.

“Instead of fighting a very grim and tough war which was very high in casualties on Afghans, as well as NATO and American soldiers, the problem wasn't in the Afghan villages,” Gall said. “The source of the problem, the radicalization, the sponsoring of the insurgency, was all happening in Pakistan.”

Gall said she first had the realization that Pakistan was fueling the insurgency in Afghanistan “very soon” after the Sept. 11 attacks.

“I went to Quetta and found Taliban resting up there and regrouping,” she said. 

“They had assistance, some of them talked about being forced and threatened and told to go in and fight the Americans … and when you're there, on the ground, seeing every bombing, the suicide bombing had started, the insurgency that grew, and you investigate where it's coming from, it kept leading back to Pakistan.”

Gall said that Pakistan’s leaders, and especially former President Pervez Musharraf, were “very clever” and tricked the United States into believing that Pakistan was an ally.

“I think the politicians, not all of them, but the diplomats … it took ages for them to understand that actually the persuasion wasn't working; the engagement wasn't bringing them on board; they were actually double dealing,” she said. “And now diplomats will tell you very plainly, ‘Yes, Musharraf was double dealing.’”

Perhaps the biggest betrayal of all in the U.S.-Pakistani relationship, and one that came as no surprise to Gall, was the fact that bin Laden found shelter in Abbottabad, Pakistan, for six years before he was killed in a Navy SEAL raid in 2011. And, according to Gall, Pakistan’s government was orchestrating his protection.

“Pakistan did know,” Gall said, speaking about bin Laden’s location. “They were hiding him, they were handling him. Someone on the inside told me this. They had a special desk that knew where bin Laden was.

“Not only that, but put him there, protected him, oversaw him, handled him in the terms of the secret intelligence services,” she added. “And it's all deniable, but I’m told the top bosses knew.”

**Despite the awareness of Pakistan’s “double dealing” today, Gall said that relations with Pakistan are no better now than in the past.**

“Our relations with Pakistan have gone back to the same thing, and the thing that concerns me is that Zawahiri is still out there, in Pakistan, I believe,” she said. “He is also probably being hidden the same way and protected.”

My comments : There seems to be a small problem here. Afghanistan has been bombed to the Stone Age. So will the United States send a 'I am so sorry' note to Afghanistan? The US has bombed and strafed Afghanistan for 13 years now - longer than the Vietnam War which lasted about 12 years for the US. Much longer than the Korean War which lasted four years.

Another generation of Afghans have lost schoooling and opportunities - all because of one man who was kept hidden in Pakistan by the Pakistanis.

Are we to believe that the US did not know where Osama was? Or that the Pakistanis were hiding him? 

And now since they may know better what will they do? Bomb Pakistan back to the Stone Age too?

History will write a book one day which will show that the Pakistani generals

i. assisted the mujahideen fight the Soviets in the 80s
ii assisted the mujahideen fight the Northern Alliance
iii. assisted the Taliban fight the mujahideen
iv. assisted the Taliban fight the US
v. assisted the US fight the Taliban
vi. are assisting the Taliban fight Karzai and the Afghan govt

all for one reason only - money. There is no other ideology involved. 

The ISI controls every truck that carries supplies into landlocked Afghanistan from Pakistan. The Afghan drug trade that pays for a lot of things in Afghanistan is also monitored by them.

Paper Thin Handphones

5 Ways Graphene Will Change Gadgets Forever

The future of technology could hinge on a single material. The industry is currently buzzing over the potential of graphene, which is the strongest, slimmest and most malleable material in known existence. Graphene, which is a form of carbon, could change the way our devices look, feel, perform--and even interact with our bodies. Here's how this sensational substance will influence the world of tech.

Stronger Than Steel

Smartphones like the LG G Flex can heal themselves from minor scrapes and scratches, but graphene should take durability to the next level. The material is purportedly 100 times stronger than steel. According to the American Chemical Society, graphene achieves this strength because its carbon atoms are arranged in two-dimensional sheets.

Flexible Like Rubber

Researchers at Columbia University told the The New York Timesthat graphene could stretch by 20 percent. In other words, it's pliable just like rubber. Samsung's Advanced Institute of Technology has been experimenting with graphene transistors, which would allow for easy production of flexible displays on both wearable devices and handsets.

Graphene is also resistant to water, so the material could potentially usher in a new generation of waterproof devices whose chassis may not need to be sealed like today's devices.

The Lightest, Thinnest Devices Ever

According to a study from the American Chemical Society, graphene is thin enough to stretch over 28 football fields. The material holds a ton of tech potential, as we could someday see paper-thin smartphones and tablets that you can fold up when not in use.

A video posted on the Times' website shows a block of graphene powder balancing on top of flower--and you don't see a petal move or bend.

Incredible Battery Life

Graphene will likely influence not just how our devices look, but how long they last. Northwestern University researchers built a battery made of graphene and silicon, which supposedly lasted over a week on a single charge and only took 15 minutes to juice up. If graphene goes mainstream, you could possibly leave your smartphone charger home when traveling.

Outlook

Aside from its physical benefits, graphene is also one of the cheapest materials around. 

With Samsung, Nokia, SanDisk and IBM investigating uses for graphene (along with universities), we could soon see a host of exciting new devices that are stronger, lighter and cheaper for manufacturers and consumer alike.

Updated : Hishamuddin Hussein Onn - From Roughcut To Brilliant Polish

Here is something from The Star today.

 "Crisis brings out the best in Hisham"

BY SHAHANAAZ HABIB
 

Sharing the grief with next-of-kin of missing MH370 passengers and crew. Hishammuddin revealed his compassionate side.

• Sometimes it takes a crisis for someone to emerge as a leader. For Datuk Seri Hishammuddin Tun Hussein, the MH370 crisis seems to have been his moment.
• In the first four days, there was a lot of confusion with contradictory statements
• Hishammuddin took charge and things started coming together.
• Eloquent and professional
• Live press conferences were conducted at 5.30pm almost daily
• Hishammuddin, 52, who holds a Masters Degree in Law from the London School of Economics, and is comfortable speaking both English and Bahasa Malaysia, shared information about the mystery of the missing plane that had caught the attention of a worldwide audience.
• He was eloquent and professional. 
• able to maintain his composure and answer calmly.
• not afraid to show emotion when dealing with grieving and angry family 
• He apologised when security grabbed distraught Chinese national
• His active engagement on Twitter and Facebook won him huge number of fans
• Victor Lopez, 15-year-old from France, wrote of his admiration and ask autograph 
• pol scientist Prof  Sivamurugan says “huge winds of change” in way he handled media
• actually Hishammuddin’s real personality and character 
• patient in engaging people and showed a different level of confidence
• said all the right things that we wanted to hear and this was appreciated
• “He wasn’t arrogant, didn’t make uncalled for remarks 
• He managed somehow to pull people together.
• Suddenly, he has become the spokesperson for the nation. 
• And now you have people referring to him as the next PM in waiting,”
• year ago Hishammuddin got a lot of flak over how he dealt with the Sulu gunmen 
• Dr Sivamurugan thinks Hishammuddin has learnt from that experience.
• He has become more open and more transparent. 
• People want to look at facts and he is trying to give them that and restore confidence
• “It boosted his strong determination.”

• UKM’s Dr Muhd Takiyuddin Ismail says Hishammuddin "convincing & very cool” 
• “people confident of his handling of the crisis. .
• It has also changed people’s perception of him,” he says.
• Hishammuddin has now become a “hot commodity”, he feels.
• Hisham went to Everly Hotel with his wife to meet Malaysian families 
• Hishammuddin and his wife have shown that they can mingle easily with ordinary folk
• Dr K. S. Bala feels Hisham has “changed so much” compared to Youth Chief days 
• “I think what we are seeing today is the real Hishammuddin,” he says.
• Dr Bala feels there is now “a maturity and good ..leadership” from Hisham 
• credits him for the multilateral defence co-operation.
• Good job
• a lot of effort and work to get 26 countries to work together 
• “..he has been doing an excellent job..,” he says
• “A leader has to manage information responsibly and very carefully. He should not bow to pressure from the media and should only reveal when he is very sure of the information. A leader can’t be playing the predictive game,” he says
• some of the criticism levelled against Malaysia has been very unfair.
• “This type of crisis would put anybody in a spot”.
• “..government’s credibility. If he handles it well, then credit will go to government.”

My comments :  Well it must be that Masters Degree in Law from the London School of Economics which has taught Hisham that crisp English and to be precise and factual in answering questions. 

Yes it does take a crisis to bring out different sides to people. Hishammuddin Hussein Onn has undergone two major crises within a spate of just 12 months.  

His first major crisis was more personal, when he lost the popular vote in UMNO's latest Vice Presidential race to Mukhriz Mahathir. However Hisham carried the Divisional votes which retained his place as an UMNO VP. The shocker for Hisham at that time was that Mukhriz was not even an early contender.  Hisham was really caught blindsided. 

Mukhriz's strong run made two loud statements - 

i. for the UMNO party that there is no lack of potential leaders in UMNO. Change is possible.

ii. for Hisham it was obvious that he had been let down by many Division chiefs. This is party politics. It comes with the territory. 

The second major crisis is of course the MH370 situation.  Hisham has come out very well handling the MH 370 matter.   The Times of the UK labelled Hisham a world class statesman for this.

Today's glowing appraisal by so many political scientists and by The Star is further evidence that the world sees a different side to Hishammuddin Hussein Onn. The country certainly needs good, strong leadership. Hisham is stepping up to the plate. Hence if the UMNO Elections were held today, Hisham may fare much more differently.  UMNO (like any other party) will fall in behind anyone who shows good leadership.

Just a few days into the MH370 crisis, a lawyer friend, who is anti UMNO and anti BN said, "Can see lah he is Prime Minister material".  The Star says that people are referring to Hisham as the prime minister in waiting now.

Hisham is also handling Tony Fernandes bullying tactics quite well.  Hisham has said that the KLIA2 will open on May 2nd 2014. All other airlines have already agreed to move to the KLIA2. All operations at the old LCCT will cease by May 9, 2014.  

Talk is (little bird whispered lah) that Tony Fernandes is asking for a cash subsidy of RM200 million a year. Also that Tony may want a waiver of any increases in airport charges for five years or other such period (which he secured before from Abdullah Badawi when Badawi's family were shareholders of Air Asia).  Hishammuddin is holding firm against all these bully tactics.  

The weakpoint is the Prime Minister Najib Tun Razak. Being clueless, the Prime Minister listens to the snakes in Khazanah and the other "stakeholders" who are determined to destroy MAS and kill MAHB in favour of Air Asia.  They are all linked.

The only person standing in their way now is Hishammuddin Hussein Onn. Hang on Dato Sri. Dont let them get to you or get past you.

A leader must step forward.  Leaders must lead.  Leaders must be brave and bold. This is an essential requirement. A leader must have good ideas.  Honesty and fairness to all and sundry in the realm are other basic qualities of a good leader.  And leaders must surround themselves with good capable people.  If a good leader is surrounded by crooks, snakes and thieves he will not be a leader for long.

I hope Hishammuddin Hussein Onn's metamorphosis will gain momentum. We really need good leadership in this country. 

Updated : Here is a You Tube of Hisham visiting KLIA2.