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Saturday, August 29, 2009

Shariah Law Has Been Enacted in Malaysia Long Before the Federal Constitution

After the Kartika Sari's case, i noticed many among the non-muslims community experienced some type of a shock. It's as if like the Kartika Sari's punishment is a new thing happening in Malaysia. Unfortunately, many in Malaysia do not know that the Shariah court and Shariah laws have been applied, enacted, implemented and accepted in Malaya/Malaysia/Semenanjung Tanah Melayu long before the Federal Constitution.

I've heard so many who claims that Malaysia is a secular country and that the Shariah law is never the law of this country. Allow me to correct that miscomprehension of Malaysian historical fact.

Allow me to bring your attention to JAKESS website where a few facts with regards to Shariah laws in Malaysia can be highlighted:

a. Sejarah penubuhan mahkamah syariah di negeri Selangor Darul Ehsan pula telah wujud dalam kurun ke-17. (Shariah Courts have been in existance in Selangor since the 17th century)

b. 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

( The Prevention of Adultery Regulation of 1894 is the first enactment that is gazzeted in Selangor. It was passed by the Selangor Executive Council Meeting on the 26th of September 1894)

c.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.

( In 1900 The Selangor Executive Council passes the Muhammadan Marriage and Divorce Registration Enactment 1900, that is a law with regards to family law in Selangor)

The evidence above clearly shows that the Shariah has been here within our plural soceity for the last 300 years. Therefore, we should not be surprised or shocked when the Shariah courts.

The shariah courts and system has been with us in Malaysian since Malaysia was formed. So, it's unfair to say that Shariah system is against the Federal Constitution and that it is not dispensing punishments contradictory to the country's ideology.





b.

22 comments:

Anonymous said...

I thought your first article since yesterday would have been to condemm the cow head demo...

Anonymous said...

Lagi lagi nak pusing lagi, hai yah my friend, if the Shariah law is all empoweing and all just, than it "the SHARIAH LAW" would have been the Supreme Law of the LAND> MALAYSIA. But it is not, why is that so, weren't the rulers consulted when the Malaysian Federal Constitution was being drafted and implemented. It also would have clearly stated that the federal constitution would bow to Sharia Law, but the truth is otherwise. The FEDERAL CONSTITUTION IS THE SUPREME LAW OF MALAYSIA, where Islam is official religion, due to yadda yadda, but Sharia laws have to bow to the federal constitution, LOVE SPELLING THAT WORD. Another thing that umno has tried to spin with its mahathir statement that Malaysia is an Islamic country is all bull, MALAYSIA IS A SECULAR COUNTRY, IF IT WERE AN ISLAMIC COUNTRY THAN SHARIA LAWS WOULD BE SUPREME, AND THE FEDERAL CONSTITUTION WOULD HAVE TO BOW TO IT, but this is not true isn't it?
If Sharia laws were supreme and Malaysia was an Islamic country, there wouldn't be a westminister style of government, there wouldn't be a Parliment, instead you would have a govt sitting under a tent like the bedoins with camels and goats being slaughtered on the side for refreshments. We Malaysians have had enough of this bullshit, like those morons with the Cow head demonstrations you and your ilk of al'hassan taliban, this is the actual behaviour of how your kind thinks, so to you and your ilk, get it through your head, MALAYSIA IS A SECULAR COUNTRY, Immaterial of what was practised before independence, or for that matter why don't the orang aslis come out and say their law is the supreme law of the land as they were the first inhabitants of Malaysia- that is the logic you are trying to use, but as usual tak bolih pakai. We Malaysians are very angry, the muslims say one thing in public, have another thing to say in private amongst themselves, like the cow head people, who behave like infantile idiots and merajuk when they don't get what they want. That is exactly the hidden agenda of the discriminations by the Malays when you deal with them. This is the attitude of the Malays to the non malays. SO think before you write your yada yada bulltrap about how great and how compassionate the Malays are. The cow head mentality is the exact mentality of you malays- that is how you look at others. I WILL MENGAMOK IF I DON'T GET MY SHARE. HOW TYPICAL. CORRUPTION, INCEST, DRUG ADDICTION, BOMOH-PAWANG, JAMPI tu halal kah brother?

muhammad said...

How does that make you feel, typing every single thing that came across your mind while comfortably hiding behind anonymity?

Anonymous said...

Hi Anom no 2 (August 29, 2009 6:26 PM), I am anom 1(August 29, 2009 5:10 PM), I agree with Muhammad, there's no need to get all emotional and rant at TB about the demo yesterday.

When I wrote the first post, I wrote it because I was surprised TB has not said anything regarding that act of extremism & provocation, which he normally would have.

TB's point of view on enactment of Shariah Law is his own and can be debated, ranting like you did will not help, it will be exactly what the "divide & conquer" BN mentality want you to react.

Expat-Melaka said...

Anonymous said...

I thought your first article since yesterday would have been to condemm the cow head demo...
.

I was going to, until i found out that the demonstrators are PKR members.

So, it's going to be difficult for me to do that.

Expat-Melaka said...

nsulted when the Malaysian Federal Constitution was being drafted and implemented. It also would have clearly stated that the federal constitution would bow to Sharia Law, but the truth is otherwise. The FEDERAL CONSTITUTION IS THE SUPREME LAW OF MALAYSIA, where Islam is official religion, due to yadda yadda, but Sharia laws have to bow to the federal constitution, LOVE SPELLING THAT WORD..

You mean to say the same Federal Constitution that says "Islam is the religion of the Federation"?

Bala said...

I have read some parts of Koran (in English) and also saw articles about this:

A muslim who kills an infidel cannot be punished with death.

If it is true, then if Syariah/Hudud is to be strictly enforced, a muslim can kill me and get away with a light sentence or no sentence.

In such a case, can the syariah/hudud stuff be considered as affecting non-muslims?

Anonymous said...

siapa lelaki ini??

http://harismibrahim.wordpress.com/2009/08/22/malaysian-syariah-laws-passed-off-as-gods/#comments

ada sesiapa yg bekerja dengan jabatana agama?? sila ambil tindakan.. dia perosak agama islam..

tq

Anonymous said...

Bala, you didn't get the Quran correctly by implying that a muslim can kill non-muslim and get away with. This is wrong. There are verses in Quran that ask muslims to kill the kuffar, but those verses are specifically implied during the war. Khalifah Umar punished the son of muslim governor in Egypt for unjustly beating a non-muslim jews in a quarrel. If hurting non-muslim is not allowed, killing is a bigger sin, even the victim is the non-muslim.

Anonymous said...

If the Muslims want to have Syariah Law let them have it. It is not for the non Muslims to decide.There appears to be a significant number of muslims who want syariah laws implemented. Maybe the government can carry out a referendum on this.

Once the Muslim population agrees the following will have to be implemented.

1. All Muslims sholud be barred from working in any establishment that makes or distributes alcohol. This will mean that all Muslims will have to stop working in hotels, restaurants,pubs,bars, convenience stores, duty free shops etc. that serve liqour. The temptation to resist consuming alcohol in such an environment is very difficult. Moreover one is an accomplice partaking in a sin.

2. Carlsberg and Guinness should begin a VSS program for their Muslim staff.

3. All Muslims who are directors or senior management of any establishment that is involved in the manufacture,distribution or sale of alcohol , and gaming should resogn.

4. There should be stict enforcement of the law to disallow any sale of 3D,4D etc tickets to Muslims.

5. Genting Casino should stop employing Muslims.

6. Malaysia Airlines should either ban the sale of alcohol ( Best Option ) or only allow non muslims to work as crew if alcohol is served.

Anonymous said...

But it gets more complicated than that...

What about muslim employees of the suppliers of Calsberg, Genting, etc? For example, the packaging supplier, transporter, the packaging designer, the brand consultant, training companies, etc, etc, etc... sack all of them also or have non-muslims only? By extension, the entire chain of supply have to be purged of muslim employees. Which actually cover almost every other industry around.

Tulang Besi said...

What about muslim employees of the suppliers of Calsberg, Genting, etc? For example, the packaging supplier, transporter, the packaging designer, the brand consultant, training companies, etc, etc, etc... sack all of them also or have non-muslims only?.

stop stop. You guys are not thinking straight.

The real problem with Malaysia's liqour industry is that it's profit driven.

What we need to do is to limit liqour sales only for domestic consumption.

That way, the reduction of Muslims in the liqour industry will automatically be reduced.

See, it's all in the economy.

Wong Ka Wai said...

Segala keputusan mahkamah atau undang-undang sivil atau syariah jika bertentangan dengan PERLEMBAGAAN PERSEKUTUAN MALAYSIA akan terbatal kerana PERLEMBAGAAN PERSEKUTUAN MALAYSIA merupakan undang-undang yang tertinggi di Malaysia.

Jika ada mana-mana kes yang jelas telah melanggar PERLEMBAGAAN PERSEKUTUAN MALAYSIA dan masih belum diperbetulkan, ini disebabkan oleh kuasa politik yang menghala ke arah yang tidak betul.

Saya percaya, pada masa yang akan datang, pasti wujud suatu aliran kuasa politik yang akan membetulkan segala perkara yang bercanggah dengan PERLEMBAGAAN PERSEKUTUAN MALAYSIA.

Pada kesimpulannya, perkara ini sebenarnya tidak ada kena-mengena dengan status Islam di Malaysia, ia hanya terlibat dalam soal perundangan sahaja.

Kepada umat Islam terutama Tulang Besi janganlah terlalu sensitif dan terlebih takut.

Selamat bercuti and berpuasa.

p/s: Minuman herba (resipi lengkap and percuma) bagi mencegah selesema A (H1N1).

Sila layari http://bukakedaionline.wordpress.com/2009/08/27/minuman-herba-bagi-mencegah-selesema-a-h1n1/

(dikemaskini dengan gambar, langkah penyediaan dan nama saintifik)

Tulang Besi said...

Delete
Blogger Wong Ka Wai said...

Segala keputusan mahkamah atau undang-undang sivil atau syariah jika bertentangan dengan PERLEMBAGAAN PERSEKUTUAN MALAYSIA akan terbatal kerana PERLEMBAGAAN PERSEKUTUAN MALAYSIA merupakan undang-undang yang tertinggi di Malaysia.

Jika ada mana-mana kes yang jelas telah melanggar PERLEMBAGAAN PERSEKUTUAN MALAYSIA dan masih belum diperbetulkan, ini disebabkan oleh kuasa politik yang menghala ke arah yang tidak betul.
.

I don't think so, since the Federal Institution itself recognizes the sovereignity of the Shariah court.

Anonymous said...

Its actually quite easy to implement a system to ensure that Muslims be disallowed from purchasing alcohol from convenience stores and supermarkets.

Malaysians are by law, supposed to carry their MyCard or IC card. So when anyone wants to purchase liqour, the MyCard can be swiped through a machine which will read out the details, as to whether the customer is a Muslim and also , for non Muslims whether one is above the age of 18.

The machine can be modified, to automatically record every transaction that has been made. The latter , if need be, will assist enforcement officers, to ensure that the law is being adhered to. An alternative is to record all purchases of alcohol, in a log book, as is being done for some drugs in pharmacies.

This simple modification of the MyCard reader , can go miles , in controlling the sale of alcohol to Muslims and minors.

Bala said...

Anon of August 30, 2009 1:04 PM,

Not the war part. I know many (Muslims and non-Muslims alike) choose those particular verses for their own purposes.

I am rather concerned about the Shariah itself. Guess I have to ask back in the citizenwarrior.com where are the verses mentioned and get back to you guys.

It was also mentioned that:
1. Muslims can be deceitful to infidels temporarily to achieve their religious aims.
2. No new houses of worship are allowed for infidels in Sharia lands.
3. Existing infidel temples/churches are not to be repaired/upgraded in Sharia lands.

Of course, how to know one is deceitful? Guess I will take the words of people like Tulang Besi or RPK because I trust them as human beings.

Anyway, let me check these claims I read before getting into any stupid arguements.

On a lighter note:
mykmu.net has a "Mengapa DAP merupakan kafir yang wajib diperangi?" Will the UMNO members soon go "I will instill terror into the hearts of unbelievers,Smite ye above thier necks and all their fingertips of them" since a war is on? Thank god I am a PKR supporter.

Tulang Besi said...


1. Muslims can be deceitful to infidels temporarily to achieve their religious aims.
2. No new houses of worship are allowed for infidels in Sharia lands.
3. Existing infidel temples/churches are not to be repaired/upgraded in Sharia lands.
.

Actually, these are all nonsense considering it has never happened before.

Even in Iran, there exist a small community of zorostarians practicing their faith up to this day.

Same goes to Jews

Tulang Besi said...


1. Muslims can be deceitful to infidels temporarily to achieve their religious aims.
2. No new houses of worship are allowed for infidels in Sharia lands.
3. Existing infidel temples/churches are not to be repaired/upgraded in Sharia lands.
.

Actually, these are all nonsense considering it has never happened before.

Even in Iran, there exist a small community of zorostarians practicing their faith up to this day.

Same goes to Jews

Anonymous said...

TB Said:

"stop stop. You guys are not thinking straight."

But we are thinking straight... I am refering to Hassan Ali's press conference where he said those employees will not be touched 'for now'.

The keyword is, he ended with 'for now'... which implies he's not going to stop with limiting the sales, he has plans to go further than that.

Anonymous said...

To Anonymous who posted the link
http://harismibrahim.wordpress.com/2009/08/22/malaysian-syariah-laws-passed-off-as-gods/#comments;

Why is he a 'perosak agama Islam'? To some, religion is a personal matter. And if he isn't harming anyone with the extent of his beliefs, why should it bother anybody else? As far as anyone's concerned, it is for God to punish him.

Anonymous said...

I am not going to be original this time, so all I am going to say that your blog rocks, sad that I don't have suck a writing skills

Anonymous said...

I just added your blog site to my blogroll, I pray you would give some thought to doing the same.

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