How dare the state attempt to usurp federal supremacy!
Besides that, the Kelantan Enactment infringes Act 355. And what is Act 355?
By now you all probably know but nonetheless let me repeat what Tun Abdul Hamid Mohamad has written, namely:
... the Syariah Court (Criminal Jurisdiction) Act 1965 (Act 355) was legislated in 1965. The act provided that the Syariah Court’s jurisdiction “shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding six months or with any fine exceeding one thousand dollars or with both”. That was the limit of the jurisdiction of the Syariah Court. In brief: six months’ imprisonment, RM1,000 fine or both.
The act was amended in 1984 by the Muslim Courts (Criminal Jurisdiction) (Amendment) Act 1984 (Act A612). The amendment act provides that the Syariah Court’s jurisdiction “shall not be exercised in respect of any offence punishable with imprisonment for a term exceeding three years or with any fine exceeding RM5,000 or with whipping exceeding six strokes or with any combination thereof”. In brief, the limit was increased to three years’ imprisonment, fine of RM5,000, six strokes or any combination thereof.
It lay dormant for 20 years. Then, Brunei gazetted its Syariah Penal Code Order 2013 (the Order) with the view, in brief, to introduce hudud and qisas in the country. (Until today, the part on hudud had not been brought into force yet.) That woke Pas up. It then dug up its old enactment and began to think of how to implement it. To cut the story short, it decided to move a private bill in Parliament to amend Act 355.
To cut the story short, PAS f**ked up in 1993 by passing the Syariah Criminal Code (II) Enactment 1993 (Kelantan), that was/is unconstitutional for that reason the Kelantan enactment contained, inter alia, criminal law offences under the federal jurisdiction, ...
... so to avoid that same mistake of passing unconstitutional enactment, it attempts to have Act 355 (a federal la) amended to give its syariah courts more muscle, namely to punish more.
In essence, what had been passed by the Kelantan DUN in 1993 vis-a-vis the Syariah Criminal Code was UNCONSTITUTIONAL, that is, null and void.
And that's why PAS now seeks to amend the federal laws rather than uselessly the Kelantan State laws.
Now, under Pak Haji Hadi Awang's private member bill, if passed by parliament (with its various processes), apart from increased fines and increased imprisonment for offenders of Islamic laws, the approve amendments will give Kelantan syariah courts the power to increase whipping to 100 strokes.
I will discuss more of what Tun Abdul Hamid Mohamad has informed us, but for this post, suffice to say that when Act 355 was legislated in 1965 there was NO whipping permitted for the syariah courts to award.
Then in 1984 under Act A612, Act 355 was amended to allow the syariah courts to whip offenders up to 6 strokes.
Now Pak Haji Hadi Awang wants to amend Act 355 to allow the syariah courts to whip offenders up to 100 strokes.
To recapitulate, whipping by syariah courts went from 0 stroke (zero, thus not allowed) to 6 strokes and if Pak Haji's Bill is approved, 100 strokes.
Looks like PAS loves whipping Muslims kau kau.
The civil courts also have whipping, which is just as draconian.
In today's world, we should no longer allow both the civil courts and syariah courts to whip criminals, and especially in the syariah courts, even of offenders of religious laws concerning morality as interpreted by ulama.
Nor should we condone award of capital punishment allowed to and by the civil courts.
It's time to step into a modern world of values preached by god, that of compassion, humanity and mercy.
Amin.
najib n his dedak eater rpk now wan to make 355 constitutional, i dun hear any sound from u?
ReplyDelete355 is a federal instrument and is perfectly constitutional, but Syariah Criminal Code (II) Enactment 1993 (Kelantan) is NOT because it intrudes into punishment already covered by 355 (state laws cannot interfere ro override federal laws, but the reverse is okay), and thus to hadi awang and those ulamas' chagrin, limits syariah court punishments to 3-4-6, wakakaka,
DeleteDidn't you read my post?
and that's why hadi awang is pushing his private member's bill to amend 355 which then can give effect to his aim to whip kelantese up to 100 lashes (because he and his ulama want to, as 355 giving powers to state syariah courts to award punishment need NOT be taken up by the state unless it wants to, as in the case of the PAS kelantan govt, hence my post title, wakakaka)
typo above - 'or' should have read 'or', and
Delete3-4-6 should have read 3-5-6
u claim msia constitution is secular in nature, n we r a secular country, n now u said the 355 amendment is perfectly constitutional?
Deletei dun know what u talking abt?
when malaya (not malaysia) was formed, one of the founding fathers, a Paki judge commissioned by the British, advocated Islam as the official religion and not malaya as an Islamic State (interpreted by the highest court in the land as Islam to be only for ceremonial purposes, probably to assuage and please the sultans).
DeleteConsistent with that, it allows syariah courts but for ONLY muslims in particular with Muslim family laws such as inheritance, marriage issues, etc.
Under the secular constitution is an Act numbered 355 which LIMITS the extent to which syariah courts may award punishments, thus proving the subordinate nature of the syariah courts to the civil (secular) courts.
Of course you do not know what I am talking about because that's you, your nature (anti kaytee, wakakaka) and your limitation - wakakaka again
u wan to sound like rpk? thats fine. dap said the bill is unconstitutional, is dap lying?
Deleteif Hadi Awang's bill is a proposal to amend the federal act 355, it's okay as 355 is perfectly constitutional, but currently the Syariah Criminal Code (II) Enactment 1993 (Kelantan) was/is unconstitutional
Deleteso dap is lying. I shd have listen to rpk.
DeleteCan anyone please ask these PAS,PKR and Umno holy men and politicians if they had ever committed "KHALWAT" in their miserable hypocritical lives.
ReplyDeleteis the Pope a Catholic? wakakaka
Delete"It's time to step into a modern world of values preached by god, that of compassion, humanity and mercy" ~KT
ReplyDelete"It is He who has sent down upon thee the Book wherein are the verses that are the Essence of the Book, ...." ~ Qur'an 3:7
To denigrate its clear guidelines is to denigrate Islam and the jurisdiction of the Qur'anic principles for Muslims and is to denigrate ALLAH and thus reduced the Holy Qur'an merely as the catalogue of the actions and sayings of Muslims.
my brother, i always wan to learn islam from u, my malay neighbor is a very pios muslim, the impression we have is islam really make life peaceful if that is what islam abt.
Deletehowever the taliban also claim their version follow the book, this is the doubt that come to me when i read the kite runner. they also wan to make things right. i believe hussain might write from a western perspective since the target reader might not be muslim, however his narrative of the taliban would make most of us worry.
hadi claerly said hudud would apply to the non when the time is right. hope u understand our stance. peace.
Now u claim yr Islamic doctrine from the Quran!!!!
DeleteDoes the Quran prescribe the terms of Hukum Syariah as spelled out in yr pak unta palsu of one Hadi's personally recommendations to RUU355?
Or u r going to say it, again, that the ummat Islam r so dumb that they need a set of man made Haddith to guide them to be in peace with their god?
My good kawan HY.. You know that I am a Malay Muslim. Last Sunday I was at a church with my two other Muslim friends to attend a memorial of one of our colleagues. We listen to the sermon, poems and songs and prayers. We were inside the church for about an hour and then had lunch which was provided at the basement.
DeleteOnce a week, my other half with her Christian friends will go to a refugee camp which also has a small hospital and a kindergarten, to do volunteer work.
We are not anti modern nor anti progress. We pray, fast, had gone for Haj and together we khatam the Qur'an once a month.
And just because we support and want hudud to be implemented, you extrapolate that, we, Hadi, et al are a part of Taliban cheek-by-jowl.. wakakaka!
Friend.. your logical conflation arises from the most commonplace confusion in your secular mind (your insistent encouragement to the exercise of reasoning and common sense in applying the moral and ethical norms of secularism and/or thiesm to human circumstances) which is actually a weapon of mass destruction to kill the Islamic religion. Peace too.
saudara, kalu u read my retort to kt n ck on confucianism, my "confusion" is one cant pick only what he believe, i am not saying kt/ck r wrong, however i tend to believe human dun live on logic n common sense. can u explain y many chinese have no issue with hudud under tok guru, n take a total reverse stance now? meaning not all chinese think like kt/ck.
Deletei dun know hadi, i could be wrong, however i guess he rarely step into a church or chinese/hindu temple, he dun mind to demonstrate his bias in race n religion, he believe in power, he see no problem with bribery, corruption etc as long as he could achieve his objective. he might believe what he did is exactly the book wan him to do. the taliban i mentioned (khaled hosseini book) possess the same mindset (i am referring to thought), the chinese possess the same mindset during cultural revolution.
i dun have an answer, however i guess i hope there is more people that share kt/ck mindset, minus their biasness n superiority view of course.
To explain y many Chinese M'sians have no issue with hudud as proposed by TG Azix, n take a total reverse stance now?
DeleteThink no further than TG Nik Aziz's 中庸精神 in expressing his Islamic thoughts by words, deeds & lifestyle.
Chinese M'sians r practical people who have been 'cultured' with an attitude of live & let live within the contexts of M'sia for years since their forefathers set foot on this land.
This 中庸精神 of Tok guru is identifiable & accepted by the Chinese M'sians.
Hence the overwhelming supports given to his PAS.
The totally reverse stand now with the current pas is bcoz with the passing of TK Nik Aziz's, that 中庸精神 has also disappeared within the current pas stalkholders!
The 中庸精神 I mentioned isn't those jingoistic chants made by jibby or the ball-less MCA clowns. Least so the masqueraded soul as claimed by the current pas with the infusion of the Wahhabism Islam.
Zombie would be able to understand.
& it's not a matter of superiority in culture as reflected in the respect given to TG Azix.
Thus, I think all Chinese M'dians think like me in this regard, perhaps excluding u!!!!
There is NO biasness in the 中庸精神!!!
Sleeps on it with yr political-correctness.
undang2 syariah dibawah kuasa raja2 melayu. dlm hal ini adakah hadi awang telah mendapat perintah dari sultan kelantan untuk membuat cadangan memperkasakan (increase in punishment) mahkamah syariah?
ReplyDeletei got the feeling the proposal will be kept in a folder.
see my next post
Deletei thot according to umno, the bill now under bn govt so no need ruler consent?
Delete355 limits the punishments the syariah courts can award. only federal parliament can amend 355
DeleteFederal laws cover criminal offences while state syariah laws covers offences against Islamic precepts, like khalwat, adultery, Muslim family issues such as inheritance
state (syariah) laws cannot override federal laws and limitations such as in 355, nor touch on criminal offences which are the prerogatives of federal laws
hasan mentioned HRH Kelantan memerintah "hadi awang membuat cadangan ... etc etc", which is manifested in hadi awang private member's bill, a proposal - nothing to do with HRH's consent
'HRH Kelantan memerintah "hadi awang membuat cadangan'
ReplyDelete1. bila? 2. kenapa dia? mana pergi ahli2 parlimen pas kelantan? yes, he's the president of pas but islam (submission 'to the will of god') is never under his jurisdiction. pas is merely a political party just like the rest which exist due to and are answerable & subjected to secular law (registrar of society).
Hadi's bill is merely seeking to strengthen the powers of the Syariah Court which has no jurisdiction over Non-Muslims!
ReplyDeleteHadi is not introducing Hudud Act into the existing system OR amending the Penal Code (which is also is applicable to the Non-Muslims) to provide for punishments similar to hudud, is he?
Aduh.. Why are the Nons so kepoh and kecoh one of Muslims's constitutional rights? Wakakaka...
Simple!!!
DeleteAll sensible beings WOULD oppose any zombie-fied efforts, disguised as a within group self-injury disorder, ordered by the elites of the group.
Kepoh???
Call it human decency, least it expands outwards to engulf outsiders in the name of zombie-ism!
Komen kamu adalah satu hasutan kerana penghinaan terhadap orang Islam dan Al-Qur'an.
DeletePresiden Indonesia Pak Jokowi juga tidak memihak kepada Ahok, Gabenor Jakarta, seorang rakan karib beliau.. orang Tionghua agama Kristian, yang telah menista agama Islam/Qur'an.
Jika kamu berada di sini kamu seharusnya ditangkap dan diheretkan ke mahkamah untuk pengadilan.
tenang sdr - menghina sesiapa pun bukan hal hasutan lah. jangan kita kecil-kan perkataan hasutan
DeleteWalau-eh... threatening!
DeleteMemang takut sangatx2 - zombie bolih faham undangx2 kemanusiaan!
Tapi with what...imaginary laws of yr interpretation of hasutan for zombie ke?
Komen sy tidaklah menghina orang Islam dan Al-Qur'an kalau u bolih baca betulx2.
My comments r directed at zombies.
R u?
Moreover, do tell where I menghina Quran, except the zombie-fied man-made rules, that's beyond the text of Quran.
Ehhh.. mukin sy tak faham bahasa Melayu banyak. Tapi sy bangsa M'sia tulin.
Siapa le u? Melayu balsu yg terlampau Melayu tu. Betul tak?
Besides, what's happening in Indonesia got to do with bolihland?
Abang-adikism ke?
Jaga sikit lah. Org Indo tak lagu kenal sama u Melayu palsu.
Lagi pun org Indo malu sama di seummatkan bolihlanders yg mereka pangil org bodoh sombong.
Kalau nak buat fitnah, learn from that megalomaniac of Manchester lah.
Truth mixes with fake, only then there is a chance to nose-lead the blur-sotongs. Just like that misleading claim of orang Tionghua agama Kristian, yang telah menista agama Islam/Qur'an di Indo!
ck expext others to be zhongyong, tapi he sound like one bias n prejudice chauvinist, he, like kt, need a mirror wakaka.
DeleteWhat is at issue maybe nonsense to the Nons, but ck is indeed provocating and/or or crossing the limits of Muslims sensitivities.
DeleteYou hina Muslims because of this issue, you are indeed ipso facto hina-ing the Quran/Islam.
I believe that our law (Penal Code Articles 295-298A) as it stands is workable to bring ck in and to secure conviction(s).
my dear hasan aren't you laying it on a bit thick here with your muslims = Quran/Islam
Deleteconsider the appalling example of JAWI harassing Nik Raina (through appeals) even when BOTH the civil and syariah courts have dismissed the false charges against her
consider the bullying of Kassim Ahmad, an 83 year old man by JAWI
consider the ludicrous saga of the Auntie Annie pretzel dogs
and I could give you further examples of idiocy, fraudulent misuse of the good name of Allah swt and hypocrisy by some Muslims.
The Indon Ah Hok case has been one of Jokowi's populist inclination (numero uno or saving his own skin) - a sad case of no courageous honour by him for his friend and political partner
HY, I would have thought u could understand the difference between 中庸精神 & 中庸.
ReplyDeleteI'm saddly mistaken!
Simply, just think of why I labelled TG Aziz with 中庸精神 rather than 中庸.
TG Aziz was not infallible in his thoughts & actions many time over in his life. But he still encompasses the 中庸精神 to the dot.
He CANT be considered 中庸 bcoz his thoughts wasn't global. He was trapped within the Islamic silo. Yet he upholded most of the sensible one with self examples. Or in 'spirit'.
U need to re-examine yr understanding of 中庸 as moderate/middle path. It's more than that!!!
I don't claim to be emplacing 中庸 bcoz I'm angry in thought & thus can't think & act consensually & globally towards issues I'm feeling strongly about.
Yr mirror I accept in kind!
hmmm chinese rarely use the term 中庸精神, its kind of anglo translation i guess. the diff i believe u r talking abt is one is approach/dao, the other is attitude, my reply of zhongyong is attitude, read the context.
Deletethere r many explanations what is zhongyong, mostly means moderate. my interpretation is simple, doing the right thing, in a humble n moderate way, my nick is huayong, u shd know by now where it comes from.
i read hasan almost 8 to 10 years, he never use harsh word towards the non muslim even when i badmouthing hadi n pas, he is a muslim that appreciates zhongyong, u r a chinese that lack zhongyong wakaka.
So yr 中庸 is skin deep indeed!!!!
DeleteSleep on yr political-correctness. U need it as a fence-sitter.
Here is a simplified modern translation of 中庸:
Delete中庸之道的主题思想是教育人们自觉地进行自我修养、自我监督、自我教育、自我完善，把自己培养成为具有理想人格，达到至善、至仁、至诚、至道、至德、至圣、合外内之道的理想人物，共创“致中和天地位焉万物育焉”的“太平和合”境界
A classic interpretation:
儒家的一种主张，意思是“执两用中”，“中”不是中间的意思，不是在两个极端中间找到中间的那一个，而是找到最适合的那一个，中庸之意其实就是在处理问题时不要走极端，而是要找到处理问题最适合的方法。孔子有曰：“中庸之为德也，其至矣乎!民鲜久矣。”“天下国家可均也，爵禄可辞也，白刃可蹈也，中庸不可能也。”其中庸即为适合，也可以解释为完美。或者在面对人，事，物的时候套用论语中所提到的这句话“择其善者而从之,其不善者而改之。”
So the hidden key component is think & act global with the BEST approach towards 老吾老以及人之老,幼幼以及人之幼.
Mana ada moderate/middle path???
中庸精神 is limited in coverage, same like selective picking. While 中庸 is all encompassing, or globally.
If I understand yr nick huayong correctly then all I can say is a waste of a good phrase!
my nick can have multiple meaning, thats the beauty of hanzi, "yong" also imply ordinary, mediocre n commonner, thus no waste at all as it reflect my personality as well.
ReplyDeletebtw my interpretation clearly say "doing the right thing......" u must learn how to read properly n slowly wakaka.