Something Very Strange Is Going On – Public Caning In Malaysia

On 13th July 2017, the Kelantan State Legislative Assembly unanimously passed an amendment to the Syariah Criminal Procedure Enactment 2002. However, this revised enactment has yet to receive royal assent.

This was to allow caning in full public view for Syariah offences which were previously witnessed only by prison officials. Four types of offences include sodomy, illicit sex (zina), alcohol consumption and false accusation of zina. Law applicable for Muslims only.

As a non-Muslim and a concerned Malaysian, these are my observations.

1 Aceh Public-Caning - Cameras

1. Caning In Aceh – Reverting From ‘Public’ To Private

Two months ago, Aceh (Indonesia) implemented ‘public’ canings in response to demands by its Islamic hardliners. Since then, canings were carried out in full public view in front of the mosque after prayers for Syariah offenders.

2 20170716 Nst - Aceh may make canings private

Why is Aceh now reverting the ‘public’ canings back to the privacy of prison walls? Has our Muslim scholars, politicians and assemblymen consulted the Muftis in Aceh as to enquire what went wrong?

3 Surah 24.2

2. What Does The Holy Qu’ran Say?

“The (unmarried) woman or (unmarried) man found guilty of sexual intercourse – lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of ALLAH, if you believe in ALLAH and the Last Day. And let a group of the believers witness their punishment.” Surah 24:2

FYI, the videos and images of the ‘public’ canings in my blog are sourced from Google, Facebook and Youtube. What does the “group of believers” mean? Does it include ALL the 7 billion people in the world today?

I note that the punishment of caning is stipulated (only for zina) and necessary for moral education. But what about caning in full public view in the Internet era? Is that why Aceh is retreating so fast?

Then why are PAS and UMNO politicians pushing ahead and blatantly ignoring the facts? What are their real motives?

3. The Internet Is Forever

If the new enactments receive royal assent, Kelantan will be the only state in Malaysia and in the world which mandate canings implemented ‘publicly’. I have omitted the ISIS in Iraq and Raqqa Syria because many Muslims don’t even consider them Islamic.

While Syariah offenders in other Malaysian states will undergo ‘private’ canings thus sparing them the public humiliation from the unbelievers.

4 caning

Imagine the shame, opprobrium, disgrace and dishonour borne by the Muslimin and Muslimat. To be a hot topic of discussion amongst the non-believers. In the neighbourhood, in the marketplace and in the office. Is this what the Holy Qu’ran commanded?

The lashings are video-recorded on Facebook and Youtube; to be viewed by millions. “Selama-lamanya”, forever is a very long time. Try Google image searching with the keywords “Aceh” or “Islamic State” and “caning”.

4. Malaysia’s Supreme King

As The Yang DiPertuan Agong of Malaysia, Sultan Muhammad V is the Head of ISLAM for Kelantan, Federal Territories, Penang, Melaka, Sabah and Sarawak.

5a sultan kelantan

Sultan Muhammad V is deeply loved by the people of Malaysia. It is true that His Majesty has a very special place in the hearts of the Kelantanese.

5b sultan kelantan

Is it because the Kelantanese are so loved that they are given far exceeding than the doctor’s prescribed dosage?

Is caning done publicly for full viewing for the unbelievers (ready with their mobiles and camcorders), only for Kelantan’s ummah’s own good?

How will His Majesty explain to his subjects….. that Muslims in Kelantan are different from the Muslims in FT, Penang, Melaka, Sabah and Sarawak….. hence they deserve different treatments.

5. Time To Expose Secret Agendas

What are the PAS and UMNO politicians secretly thinking? Something very strange is going on. Indeed!!!

Don’t they know that this amendment will disconnect the Kelantanese grassroots from their Malay Ruler?

Don’t they know that enactment (if passed into law) will discolour the international image of our beloved King, the YDP AGONG who is the Head of ISLAM in the Nation-State of Malaysia?

PAS & UMNO politicians claims to champion the royal institution and uphold the dignity of ISLAM. But their political posturing have a hidden agenda.

6. Judicial Discretion For Whom?

Kelantan’s Deputy Chief Minister Datuk Mohd Amar Nik Abdullah says, “Caning can now be carried out inside prison or outside prison, depending on court decision.”

6 20170713 Star - Kelantan whips up a storm

This means that the Syariah Court Magistrate or Judge has the discretionary power, to vary, to be selective – as to who receives publicity.

This leads to the unhealthy inference and (mis)perception; rightly or wrongly; that the rich and powerful (offenders) could receive favourable treatment.

Neither PAS or UMNO politicians have explained why the Judicial exception (or escape clause) is present if ‘public’ caning is a divine command as they so claimed. Where is the perception of fairness; that all Muslims are equal before the Islamic law?

7 20170714 Star - Zahid_Keep it in perspective

Deputy PM Datuk Seri Ahmad Zahid Hamidi is not addressing the real issues. Obviously this new law does not apply to non-Muslims.

7. Prime Minister’s Office

The Prime Minister’s Office (PMO) have failed to exercise thought leadership on behalf of His Majesty, our beloved AGONG.

Perhaps it is now time to establish His Majesty’s royal think-tank which is independent of the PMO or politicians.

Patriotic thought leaders who are loyal to His Majesty’s cause will answer the call to chart the future of Malaysia.

Color 1

Advertisements

We Ask Hadi To Fulfill His Promises

I, Moses Wong representing Malaysians, makes a sincere invitation to PAS President YB Datuk Seri Hadi Awang after hearing his speech here.

We hope that you – as an eminent PAS leader – will deliver on your promises made in your speech to all Malaysians of different religions.

This is to give an explanation of Act 355 and various questions about the type of Islam as advocated by your party PAS.

Your open attitude will be most welcomed especially in the period of these 3 months. At which time, Parliament will resume in July 2017.

So the said questions will be displayed in this blog AWAKENING9. Thank you.

Hadi Must Fulfill His Promise

Translation Of Hadi’s Speech
———————————————
< “Why postpone the Parliamentary debate? The Speaker closed the session, the debate in the next Parliament session (in 3 months time). Why? Because we want to give an opportunity to non-Muslims.

We are ready to attend (any event), which is set … not for debate, not for disputation. I am ready to give explanation to them. Isha-Allah. This is for the non-Muslims.

< Hadi speaks in Terengganu dialect. Transcript cannot be made here due to lack of clarity. Referring to Muslims. >

WE WILL ENGAGE THE NON-MUSLIMS ONLY. I said in Parliament that day. We (the Malays) consider the non-Muslims as our brothers in the community. The Chinese, the Indians who are non-Muslims, they are our brothers … our friends.

* WE HAVE AN OPEN HEART TO GO ANY WHERE, AT ANYTIME SOON … TO GIVE EXPLANATION TO THEM. INSYA-ALLAH. IN THESE 3 MONTHS, WE HAVE MORE SPACE TO EXPLAIN.

And finally, I would very much like to thank all gathered here, who are present on this night, those providing support … those from PAS, from UMNO, from NGOs, from the Judiciary, the Attorney General’s Chambers, lawyers,

* THE JUDGES WHO MADE PRESS STATEMENTS IN NEWSPAPERS INCLUDING THE WRITING,

including those giving cooperation for uplifting the Bill 355. May Allah reward all of you. We hope that Act 355 will unite the Muslims …

This is the concluding wisdom. Now, we know who the enemies of Islam, who are the friends of Muslims.” >

Sila Hadi Mempertunaikan Janjimu

Saya yang bernama Moses Wong mewakili rakyat Malaysia membuat satu jemputan ikhlas kepada Presiden PAS YB Datuk Seri Hadi Awang setelah mendengar ucapannya disini.

Semoga beliau sebagai pemimpin PAS akan menunaikan janji-janjinya dalam ucapannya kepada semua rakyat Malaysia yang pelbagai agama.

Ini adalah untuk memberi penjelasan mengenai Akta 355 dan pelbagai soalan mengenai jenis Islam yang diperjuangkan oleh parti PAS.

Sikap yang terbuka beliau dialu-alukan terutamanya dalam tempuh 3 bulan ini. Setakat itu, persidangan Parliament akan bermula semula pada Julai 2017.

Maka soalan-soalan tersebut akan dipamirkan dalam blog ini AWAKENING9. Terima kasih.

Hadi Must Fulfill His Promise
Catatan Ucapan Hadi

< “Mengapa ditangguhkan perbahasan? Speaker terus tutup, perbahasan di sidang yang akan datang (tempuh 3 bulan lagi). Mengapa? Kerana hendak memberi peluang kepada orang bukan Islam.

Kita bersedia untuk hadir mana-mana (jemputan) yang diatur… bukan ajak debat, bukan ajak bahas. Bersedia untuk memberi penjelasan kepada mereka. Isya-Allah. Ini orang bukan Islam.

< Hadi bercakap dalam logat Trengganu. Catatan tidak dapat dibuat disini kerana tidak jelas. Rujukan Hadi mengenai orang Islam. >

Kita ambik orang bukan Islam sahaja. Saya sebut dalam Parliamen hari itu. Kita (orang Melayu) menganggap orang bukan Islam adalah saudara kita dalam masyarakat. Orang Cina, orang India yang bukan Islam adalah saudara
kita… sahabat kita.

* KITA PUNYA SIKAP YANG TERBUKA UNTUK PERGI BILA-BILA MASA SAHAJA… UNTUK BERI PENJELASAN KEPADA MEREKA. INSYA-ALLAH. DALAM 3 BULAN INI, KITA ADA RUANG LAGI UNTUK MEMBERI PENJELASAN.

Dan akhirnya, saya mengucapkan banyak-banyak terima kasih kepada semua yang berhimpun, yang hadir pada malam ini, yang memberi sokongan… ada dari PAS, dari UMNO, daripada NGO, daripada Jabatan Kehakiman, Jabatan Peguam Negara, peguam-peguam,

* HAKIM-HAKIM YANG MEMBUAT KENYATAAN DALAM SURAT KHABAR TERMASUK YANG MENULIS,

termasuk yang beri kerjasama untuk kita angkatkan 355 ini. Mudah-mudah Allah memberi pahala kepada semua. Kita harap supaya 355 dapat menyatukan umat Islam…

Hikmatnya, kita tahu siapa musuh Islam, siapa kawan orang Islam.” >

Congratulations Hadi For Tabling RUU355

Opposition Islamist Leader/ PAS President Hadi Awang was successful in tabling a private member bill in the Malaysian Parliament on Thurday, 6th April 2017.

This was a day full of ironic moments. Political analysts will be busy deciphering for hidden insights.

1. This was the first time that the current Parliament Speaker Pandikar Amin (BN) allowed a private member bill. He is from the same party UMNO as is Malaysia PM Najib Razak.

2. The opposition-sponsored Islamic bill was tabled followed by speeches from PAS President Hadi Awang and PAS Secretary General Takiyuddin Hassan.

3. NO DEBATES BY MPS WERE ALLOWED. NO VOTING EITHER. After which, the Speaker adjourned the Parliamentary sitting until 24th July 2017.

Hadi in Parliament

 

4. This use (or abuse) of power was unprecedented by the Speaker. No prior notice was given to the opposition law-makers or Members of Parliament. The Speaker insisted that he was no bloody fool.

5. Incidentally, the ruling coalition (BN) lost the popular vote but won the last general elections (GE13). GE14 should be due in another 12 months.

6. BN’s previous election platform was “diversity” in a multi-religious populace – with “Moderate Islam” as a leadership anchor.

7. The Islamic Bill RUU355 proposes harsh punishments like 100 lashes of the cane and 30 years imprisonment. However, not all offences are clearly defined. Some critics say it is akin to being a blank cek/ cheque.

8. Concerned citizens should now be asking – is Malaysia still anchored on “Moderate Islam” or “Wasathiyah”? Can we expect our politicians to keep election promises in Malaysia?

9. Umno is seen as the dominant partner in the multi-religious ruling coalition. Is Umno abandoning its traditional allies to flirt with opposition Islamist PAS?

10. Malaysia is moving into uncharted and perilous waters. A dark storm is  surely looming ahead.

 

Color 1

Will RUU355 Affect The Prestige And Powers Of The Malay Sultans?

RUU355 LATEST DEVELOPMENTS

* A few days ago, Ex-Member of Parliament Tawfik Ismail filed a lawsuit.

* The court papers were served to the Parliament Speaker Tan Sri Pandikar Amin (BN).

* Seeking the court’s declaration that the proposed RUU355 were done with irregularities.

* PAS carelessly neglected to obtain the prior approval of the Conference of Rulers/ Majlis Raja-Raja.

* The nine Malay Sultans are the head of the religion of Islam in their respective STATES.

* The administration of Islamic matters are the sole and exclusive prerogative of the Sultan in his own STATE.

2. Aliran
https://aliran.com/archives/monthly/2005a/2h.html

< “In Malaysia, Islam is a STATE matter. The Sultan is the head of religion in his own STATE. The Yang di-Pertuan Agong is the head of religion in his own STATE as well as the head of religion in the Federal Territories and all STATES without a Sultan. Since religion is a STATE matter, family and personal laws governing Muslims as well as laws relating to religious offences are promulgated by the respective STATES in the Federation, rather than by Parliament. Parliament can only pass legislation on such matters when it comes to the Federal Territories. The manner in which Islamic affairs are organized at the STATE level is laid out in the Administration of Muslim Law Enactments. These STATE-based Enactments are generally similar in content – but not identical to one another.” >

 

3. RPK RUU355

My comments:-
Many of us have been caught up by this idea popularized by RPK, the King of Bloggers. He says that RUU355 is down to “Muslims versus non-Muslims”. But, is it really true?

The haze is starting to dissipate and the dust is settling down.

Now, RUU355 is beginning to look like a battle between “The Malay Politicians and the Malay Royalists”. (The rulers themselves will never get involved in politics.)

Religion is only the packaging. It is about WHO WINS POWER and who loses power after the enactment of RUU355.

The sooner this realization sinks in, the sooner the shape of the battle will change strategically.

Color 1

Act 355 does not apply to non-Muslims. True or false?

Some Malaysian politicians want the Islamic Courts’ sentencing power to be expanded. That is to amend the enactment Act 355 of the Syariah Courts (Criminal Jurisdiction) Act 1965.

Soon, religious police will roam the streets and storm private bedrooms to ensure that Muslims do not misbehave. What use is the legislation of Act 355 if it is not enforced at all?

* 3 years to 30 years jail. Increase of 1,000%
* RM5,000 to RM100,000 fine. Increase of 2,000%
* 6 strokes to 100 strokes of the cane. Increase of 1,666%

We have heard of the reputation of the Mutaween vice squad in Saudi Arabia. They are on fire with incorruptible zeal.

Link to Mutaween. https://wikiislam.net/wiki/Mutaween

This has created feelings of unrest among non-Muslims and Muslims alike. PAS politicians have been struggling to explain that the empowerment of Act 355 does not apply to non-Muslims.

Tun_Ahmad_Fairuz

Even former Chief Justice Tun Ahmad Fairuz Abdul Halim had this to say, “The RUU 355 does not involve the non-Muslims at all. Why should they worry?”

Well, that is the truth but with a ‘twist’.

It is said that the Syariah Courts in PAS-ruled Kelantan are only for Muslims. By the way, this is PAS’ own version of the law as it so interpreted.

Non-Muslims cannot appear before Syariah Judges or seek legal redress in Syariah Courts for grievances afflicted by Muslims upon non-Muslims. Unless they convert to Islam.

The testimony of non-Muslim witnesses are also not accepted. Thus inferring that even a non-Muslim public official of integrity – his solemn statement made under oath is almost worthless.

Some reports also suggested that the testimony of a female Muslim witness is worth only half the value of a Muslim man. The reasons for this gender bias is still unclear.

An empowered Islamic Act 355 will create a dual legal system in Malaysia. One code draws from the Qu’ran and the Hadiths’ text from the 7th century.

The other civil code is open and inclusive – drawing from the best judgments of the judicial minds in the Commonwealth.

Whether the Islamic system can co-exist coherently with the civil system remains to be seen.

Khalid Bakar

 

Even our IGP Tan Sri Khalid Bakar had his moments of uncertainty. It so happened when there were two conflicting court orders from the Syariah Court and the Civil Court respectively. Which one court order should the police enforce?

This was in the case of a divorce cum child custody case where the husband was a Muslim convert and the wife a Hindu. The marriage was consumnated under Hindu rites when both were still Hindus.

Former CJ Ahmad Fairuz said that anything that is in contradiction to Islam or anything that went against Islamic laws’ main sources, which are the Quran and Sunnah, is unconstitutional. This was his personal interpretation.

Former CJ speaks to NST.  http://www.nst.com.my/news/2017/03/224249/laws-contradiction-islamic-laws-are-void-says-former-chief-justice

Remember this. When your former Chief Justice tells you that Act 355 does not “involve” non-Muslims, it doesn’t mean that it will not “affect” non-Muslims.

Finally, do you see the ‘twist’?

Color 1

The Malays’ Political Thinking

The Malay cum Muslim populace in Malaysia can sustain diverse views in the school of political thought. It is unimaginable yet the facts are clearly plausible.

From left-wing to right-wing politics, the Malays have been there.

From the royalists to the career politicians, the Malays have been there.

From communism (during Chin Ping’s time) to capitalistic wheeling-and-dealing politics (1MDB), the Malays have been there.

Malay cum Muslim

 

Royalty, religion and rich privileges of bumiputras (sons of soil) are the hallmark of Malay politics.

When these attributes are perceived to be threatened, the Malays will quickly close ranks. It is always inevitable.

Opposition politicians are too often labelled as “anti-Islam” or “anti-Bumiputra” whenever they raise issues in Parliament.

It worked and too often in the past. But due to over-dose and over-usage of the formula, a counter effect is now starting to take place.

The chasm is growing, deepening and widening in the potpourri of politics. Hard questions are now being asked increasingly in social media.

What is the degree of entitlements allowed – that millions of development dollars (ringgit) can go missing and unaccounted for? When will this vaporization of millions even billions; be reclassified as corruption?

Does the Government’s interpretation of Islamic tenets reflect the core values of religion which can be applied in the current social context? Which will win … the 21st century or the 7th century?

Recently, the Barisan Nasional proposed to take over Hadi’s Islamic bill RUU355 for tabling in Parliament. The other BN component parties then overwhelmingly out-voted the Umno leaders.

Does this message need to become any clearer?

Is there any more hope for reconciliation?

Color 1

STOP CHILD MARRIAGE

Malaysia is not alone in facing the affliction of pedophilia and child rape. It is a scourge to our civilized society.

In the backdrop of increasing statutory rape of minors, this is what PAS’ Ulama Council Information Chief has to say.

Dr. Mohd Khairuddin Aman Razali preposterously proposed that the under-aged Muslim victim should be married off to her Muslim rapist.

 

Stop child marriage

 

 

Just imagine – this is the best solution that the PAS’ council of religious scholars can come up with.

What about protecting our children? What about their primary, secondary and tertiary education?

What about a custodial sentence as to warn off other potential pedophiles?

To send a clear message to the child rapists to stop screwing our children.

Europe child marriage
* This is happening in Europe where immigrants insist on marrying child brides.

 

PAS is also tabling a private member bill (RUU-355) in the Malaysian Parliament to increase Hudud punishments.

Like 100 lashes of cane for offenders of premarital sex. Gay sex, incest and adultery will also see increased punishments. Ingenious, right?

Stop! Let us all be sensible for two moments.

Moral misbehavior is the failure of religious education or family upbringing.

If the PAS-controlled Kelantan with religious education – had a higher rate of illicit sex offences – compared to the Kafir or non-believers in Malaysia – what does that tell you?

PAS had failed miserably!!!

PAS had been too busy playing politics!!!

Some speculate that PAS is tabling Act 355 with the motive to divert attention from its dismal failure in managing its home state Kelantan.

Yes, Kelantan carries the dubious honour of sky-high rate of drug abuse, illicit sex and AIDS infection among the Malay states. Sad indeed.

GE14 is due in the next 12 months. It’s time to change the balance of power in Kelantan.

Hopefully, new leadership will rejuvenate the people and resolve its social ills.

To the people of Kelantan – how about dumping PAS and giving UMNO a try? Seriously.

Color 1

The Status Of Muslim Women Under PAS

PAS’ Ulama Council have suggested that a Muslim women’s place is preferably at home.

This infers that their priority is in making babies and functioning as mothers and wives.

The Ulama Council refers to the council of religious scholars who makes guiding decisions in the political Islamic party.

The view was expressed by PAS’ Ulama Council Information Chief Dr. Mohd Khairuddin Aman Razali.

 

PAS Ulama Council information chief, Dr Mohd Khairuddin

* Dr. Mohd Khairuddin Aman Razali who is also the Member of Parliament for Kuala Nerus.

 

But is PAS aware that women make up half of the Malaysian workforce?

Even 70% of Malay undergraduates are females. Incidentally, where are the Malay males?

How could a Malay family survive on a single paycheck?

Who is suffering most from the sky-rocketing cost of living and corruption-rife economy?

Many are struggling to put food on the table and saving for their children’s education.

PAS’ leaders are unable to understand the feelings of the urban Malays.

They have lost touch with the ordinary Malays who are living in the modern world.

 

Color 1