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Thursday, August 27, 2009

Kartika Sari is not a Cause for Concern

I have been reading a lot of articles from foreign newsfeed and i feel that many in the international press is taking the case of Kartika Sari with utmost biasness and complete lack of objectivity and fairness.


In the first place, the case should not even be an issue considering Kartika was charged in an open court where she was allowed to have legal council but yet chose to confess.

Secondly, the Shariah judge who passed the sentence did so with provisions from the law as stipulated clearly in Section 136 "Enakmen Pentadbiran Agama Islam dan Adat Resam Melayu Pahang 1982" which is read with "Seksyen 4 Enakmen Pentadbiran Agama Islam dan Adat Resam Melayu Pahang (Pindaan) 1987".

The sentence was passed with reference to laws and enacments passed and gazzatted by the Pahang Legislative Assembly. In short, there isn't a trace of evidence that rule of law has been compromised.

Now, the various international media report that i've read (such as this) is criticizing Pahang and Malaysia for following the letter of the law and not the opposite. In other words, for the first time, Malaysia is being criticized for following the law.

Now, that to me sounds very funny. It also begs the question, what is the real agenda of the various international medias? Do they want Muslims to abandon the shariah system altogether?

If that is the case, then let me say that they'd be better off waiting for pigs to fly than for that to happen. Already we're seeing Kartika herself refusing to appeal the decision and willing to accept the punishment as a whole.

Instead we see that UMNO politicians are trying to undermine the rule of law by trying to counterman the court's ruling. The AG can have the audacity to stop the Kajang prison from accepting Kartika who was ever willing to go and get her punishment.

In short, non muslims in Malaysia should accept the fact that Shariah is part of the Malaysian identity. The Nyonyas and Babas in Melaka has seen Shariah being implemented in malaysia since their ancestors first came here.

The Chinese living in Selangor and Johor and other states have seen Shariah in practice in their 200-300 years stay here. In fact, the shariah was enacted long before the Federal Constitution came into being.

So, please do not make Shariah law as a reason to hate Islam and hate living in Malaysia especially when Sharia doesnt apply to non muslims and never has.

And the fact that Muslims in this country will never abandon shariah and will welcome more of shariah is a strong indication for non muslims to learn to accept that Shariah is part of the Malaysian identity.

So, please let us not make quarells out of issues that has no resolutions. Please do not get swayed by liberal muslims who make stupid claims like Malaysia is a secular state and the Federal Constitution is secular.

No self respecting secular constitution would acclaim Islam as the Federal religion. This whole Kartika issue is a non issue and should not even be discussed. There's better things to discuss like how are we going to replace the current BN government with a better government.

Tulang Besi



24 comments:

Anonymous said...

salam,

Beza sebat islam dengan sivil di www.duniacacamarba.blogspot.com


don murano

Keith said...

There was no Syariah law in 1957.

There was no Syariah law under 3 of our first Prime Ministers.

There was no Syariah court, Syariah enforcement under 3 of our first Prime Ministers.

It is not part of our Malaysian identity.

If Syariah was enacted 300-400 years ago, so what?

Malaya was a Hindu country before that.

Parameswara was a Hindu.

What happened 300 years ago is irrelevant. Malaysia is a secular country in 1957, and should remain as such.

Tulang Besi said...

Keith, i think you need to read this:

http://www.jakess.gov.my/jakess/profile.htm

Some excerpts:

"
Undang-undang Mencegah Berzina Tahun 1894 (Prevenatation of Adultry Regulation 1894) adalah undang-undang pertama yang dikanunkan di negeri Selangor. Diluluskan oleh Majlis Mesyuarat Negeri Selangor pada 26hb September 1894 dan undang-undang ini hanya berkuatkuasa untuk yang beragama Islam sahaja. "

Tulang Besi said...

More excerpts:

"Pada tahun 1900 pula, Majlis Mesyuarat Negeri telah meluluskan Undang-undang Pendaftaran Nikah Kahwin dan Cerai Orang-Orang Islam 1900 (Muhammadan Marriage and Divorce Registration Enactment 1900) iaitu undang-undang berhubung dengan nikah kahwin dan cerai orang-orang Islam di negeri Selangor.".

Tulang Besi said...

More excerpts:

"

Pada tahun 1948 Jabatan Agama Islam Selangor (JAIS) telah ditubuhkan, dengan itu usaha menggubal undang-undang telah dilakukan dan menghasilkan Undang-undang Pentadbiran Agama Islam Selangor No. 3 tahun 1952 dengan nama Enakmen Undang-undang Pentadbiran Agama Islam Selangor No. 3 tahun 1952 dan mula dikuatkuasakan pada 5 Disember 1952. Dengan adanya undang-undang ini maka termansuhlah undang-undang terdahulu daripadanya. Sehingga ke hari ini undang-undang ini telah mengalami pindaan sebanyak 7 kali iaitu pada tahun 1969, 1960, 1961, 1962, 1966, 1972 dan pada 1979. Pindaan ini dibuat berkaitan dengan urusan mengemaskinikan pentadbiran hal ehwal Islam di negeri Selangor. "

Tulang Besi said...

so keith,

contrary to your misconception, shariah laws was well and alive LONG BEFORE 1957

Anonymous said...

Keith,

Can you pontificate on Malaysian Identity?

Parvinder Kler said...

I have little issue with this case amazingly, despite being a strict secularists and atheist, on the basis that it is gazetted law. I don't like the law, but it is there and pretty much accepted by Muslims in M'sia (and I wish it wasn't accepted, and I wish it was challenged, but it isn't).

Living in Australia, I am also shocked by the level of ignorant abuse heaped on Islam by this action. The feedback is incredible, and nothing short of rubbish.

However, I have an issue where it seems Islam in M'sia is too caught up chasing what I see as minor issues (alcohol, dressing, concerts) while the main sins of any religion (corruption, bribery, unethical behaviour) continues apace. PAS for a while seemed quite clear to be a party to get rid of these great sins, but rceently, it seems to be a party caught up with these minor issues again. Resources are scarce and must be employed efficiently. Going after Muslims who drink or dress in a way not considered 'decent' to uphold Islam is missing the point, when we witness great sins committed by Muslims in M'sia on a daily basis.

I wish Kartika the best-I hope she appeals and gets off the caning punishment, but I agree in a hardhearted manner, that it is a small issue. Perhaps PAS Selangor will also take the cue and concentarte on more important matters than chasing Muslims who drink, and perhaps chase after the Khir Toyo's of this world! Personally, at this rate, people like myself are seriously thinking twice of supporting PAS anymore, lest we end up with a party overly concerned with ritualistic purity much like UMNO. Let's go after the real bastards.

Tulang Besi said...


However, I have an issue where it seems Islam in M'sia is too caught up chasing what I see as minor issues (alcohol, dressing, concerts) while the main sins of any religion (corruption, bribery, unethical behaviour) continues apace.
.

On this point i agree totally with u.

The mufti of Perak can comment on why the caning is not enough for Kartika, yet he keeps quiet when the perak government was illegally taken down.

Muslims must be consistent. We want shariah because we want goodness.

We must also oppose corruption becuase of the same reason.

Period

onmuk_cufi said...

Saudara Tulang Besi,
For your information. MALAYSIA (Malaya + Sabah + Sarawak) has been a secular country WITH secular constitution. Check your facts.
Islam is the "official religion" NOT "Federal Religion". Again check your facts.
It was Dr.M who declared Malaysia is a Islamic State without refering to the obvious contradiction to our constitution.

Our first 3 respectable PM had never done or said things as such.

Btw, what so wrong of being "liberal muslim". you guys seem to hate us so much? If liberal means progressive, forward looking, open minded, I wonder what does it mean by not being liberal?
Do Saudi and Afgan come to our mind?

Tulang Besi said...

Saudara Tulang Besi,
For your information. MALAYSIA (Malaya + Sabah + Sarawak) has been a secular country WITH secular constitution. Check your facts.
Islam is the "official religion" NOT "Federal Religion".
.

I beg to differ.

I think you need to check your facts.

The exact words are:

"Islam is the religion of the federation"

So, it's clear what role Islam play in this federation.

Anonymous said...

Salam,

For some of the Muslims who shouted Shariah Law and claimed to be the defender of Muslim/Islam, why are you not defending Ms. Maslinda Ishak, the lady who wanted to earn an honest living but is abused by Rela and JAWI (the Federal Territories Islamic Religious Department's)?

Where are UMNO, PAS, Ridhuan Tee, Hasan Ali, KJ, Muhideen in this case? (http://mt.m2day.org/2008/content/view/26091/84/)

Ms. Maslinda Ishak put her trust to Karpal Singh to fight for her instead of UMNO and PAS because Karpal Singh has more Islam value in terms of justice, compassion and trust worthyness compare to UMNO, PAS, Ridhuan Tee, Hasan Ali, KJ, Muhideen etc.

malayamuda said...

drinking alcohol 80 sebatan

bunuh althantuya berapa sebatan ?

rasuah berapa sebatan ?

onmuk_cufi said...

Saudara Tulang Besi,
You didn't answer on the "secular constitution" question.
How could you blindedly say Malaysia has a "non secular constitution" where the facts are glaringly obvious?
If WE (Malaya + Sabah + Sarawak) have a SECULAR constitution, why are all these hu-ha about imposing syariah over the secular laws (such as beer banning in SA, Mat skodeng squad, catching couples holding hands in parks etc)

Anonymous said...

TB: 'islam is religion of the federation'. However what that means has been a matter of debate-

http://zfikri.wordpress.com/2007/08/09/malaysia-constitution-history/

"Documents indicate that there was clear agreement among the Working Party members that despite the adoption of Islam as the religion of the federation, the country was not to be a theocracy. "

Hence islam is the 'official' religion in so far that it represents official functions etc, but we are definately not a theocratic country according to the spirit of our consitution.

Anonymous said...

Hi guys, lets muslim think what is good for them. your comments are irrelevant and unwelcome. Please take care of your own religion and do talking nonsense

onmuk_cufi said...

Dear Anonymous,
Whoever u are, this is exactly what the problem with us muslim - EXCLUSIVENESS.

we always want to be excluded and at the same time excluding others.

We have to participate and and the same time listen and reflect on what others have to say.
Says who that being muslim will make us wiser than non-muslims?

Says who we should just live exclusively in a walled up "muslim community"?

enough of this "mind your own business" mentality.

Being muslim doesn't make us holier or superior than others. Its only when we practise what we believe, live a alim life, fight for justice and fairness, observe GOD's teachings, only then we canbe proud being muslim.

Wasalam

Tulang Besi said...

August 27, 2009 2:59 PM
Delete
Blogger onmuk_cufi said...

Saudara Tulang Besi,
For your information. MALAYSIA (Malaya + Sabah + Sarawak) has been a secular country WITH secular constitution. Check your facts.
Islam is the "official religion" NOT "Federal Religion".
.

Amok_cufi,

Please go check your facts first. The word used is "Islam is the religion of the Federation".

Please, please go and check your facts.

Tulang Besi said...

Blogger onmuk_cufi said...

Dear Anonymous,
Whoever u are, this is exactly what the problem with us muslim - EXCLUSIVENESS.

we always want to be excluded and at the same time excluding others.

We have to participate and and the same time listen and reflect on what others have to say.
Says who that being muslim will make us wiser than non-muslims?
.

I thought we're being fair. Since islam prohibits drinking for Muslims, how can we therefore punish non muslims?

or are u advocating Islamic punishment be applied to non-muslims also?

malek said...

Salam

Dear…..

Yes it is about exclusivity. Well at the very least that’s what the quran says. In the surah al baqarah ayat 120.” Never will the Jews nor the Christians be pleased with you (O Muhammad Peace be upon him ) till you follow their religion”.

Again in the surah kafirun, ayat 6. "To you be your religion, and to me my religion”

Being “liberal muslim” you might have your own interpretation or your own source, but for us Muslim we wish to be guided by the quran and the sunnah as whole.

Not just to pick and choose whichever principles works for you.

Or believing in what others think what is good for you to follow in Islam.

Malek

Anak Perelih said...

Parvinder Kler , for your info, PAS always tackle minor and major issues together... not left either one of it... That's why you see PAS is championing on issues of corruption, bribery, unethical behaviour as well as alcohol, dressing, concerts

Anonymous said...

Tulang Besi Can you explain this to me?

Section 177 of the Enakmen Pentadbiran Ugama Islam dan Adat Resam Melayu Pahang 1982 (the enactment under which Kartika is sentenced). Under this section, a person who forces or allows his wife to prostitute herself with the intention of earning an income from such prostitution is liable to be fined RM4,000 or imprisonment for 2 years or both and caning of not more than 6 lashes.

So, there we have it. RM5,000 fine or imprisonment of 3 years and 6 lashes for consuming alcohol. And RM4,000 fine or imprisonment of 2 years and 6 lashes for forcing one's wife to be a prostitute! Is there any wonder why Islam is viewed with ridicule and contempt?
Maybe Tulang Besi can varify this Too? can you?

Tulang Besi said...

Under this section, a person who forces or allows his wife to prostitute herself with the intention of earning an income from such prostitution is liable to be fined RM4,000 or imprisonment for 2 years or both and caning of not more than 6 lashes..

Limitations are set by Federal laws. If there is no limitation, we should put them to the death penalty.

onmuk_cufi said...

Saudara TB,
It seems you only see what you want to see and listen to what you want to listen.

My reply to Mr Anonymous was
"Why should us muslim want to be excluded, as well as excluding others in discussions - by using the all too common 'this is islam, you non-muslim stay out'"

I also said "by just muslim doesn't make us wiser than non-muslim nor any holier"

I don't understand why you read it as application of syariah on non-muslim???

Well, i guess you are also one of them who live in an island and only tune in to ur favourite channel, and dislike different opinions.

have a nice day.

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