12œ
speak up!
Called to account
by Petra Gimbad
RECENTLY, someone
referred me to an article by
a lawyer who represented
Raja Petra Kamarudin in
court. His narration of a con-
versation that ensued when
he met Umno members for
coffee was interesting and
enjoyable for its easy-to-read
manner.
He was asked what he
thought the party needed
to change to regain political
clout. I cannot do justice to
his reply and suggest that
you read the article on his
blog, Articulations. After
reading his article “Umno
needs to change”, three
things came to mind.
The first thought: our
political landscape is still
shifting, months after our
2008 elections. It is en-
couraging that our leaders
are calling their political
conduct into question. Some
of them have been accused
of arrogance. In the end, our
political parties – all of them
– rely on our backing.
Which brings citizens to
their responsibilities: to keep
working for what is right
and to continue educating
decision-makers on what
matters to us as a country.
The second thought: to
think deeply about what is
happening at the moment.
Karl Jaspers said: “Weder
dem Vergangenen anheim-
fallen noch dem Zukünftgen.
Es kommt darauf an, ganz
gegenwärtig zu sein.” A Ger-
man friend translates this
to mean, “Neither fall prey
to the past nor the future.
It is important to be fully
present.”
Therefore, we have to
look at what is happening
now and decide what to
do. While opportunities are
present, we cannot waste
our chance to make changes.
More needs to be done. We
need to continue calling our
leaders to account. It may
letter
letters@thesundaily.com
MCA’s clear stand on hudud
SADLY each time an election
comes, the issue of hudud is
resurrected. To me, the Federal
Constitution guarantees every
citizen the right to profess and
practise his religion. This means
no person shall be subjected to
any religion-based law other
than that religion he chooses
to profess and practise. MCA
will preserve, protect and
defend this right.
On the other hand PAS will
always raise hudud because it
is an Islamic party. But the real-
ity is, it will need to first amend
the Federal Constitution.
Briefly, under the Federal
Constitution, Schedule 9 List
II, paragraph 1 says that states
have the authority to create
and punish offences by Mus-
lims against precepts of Islam
except in regard to matters
included in the Federal List.
This means that any matter
assigned to the Parliament is
outside the legislative compe-
tence of the states. Therefore
theSun
not hurt either
to question our-
selves.
Upon reflec-
tion on what we
have achieved in
the past year, it
is painful to ad-
mit that much of
what was wrong
in 2007, contin-
ues during these
few days of 2009. Freespace
One is, however, Where young views rule closely the keep-
grateful for the
2008 elections – in spite of
alleged corruption, Parlia-
ment now enjoys a more
balanced representation.
It struck a few months
later that in spite of every-
thing, Malaysians last year
never had to worry about
and plan in anticipation of
violence that might occur,
the way the government
and the UN did in Cambo-
dia. Ten thousand Khmer
Rouge soldiers were ordered
to stop voters. Hundreds
of journalists stood by to
record the violence.
One account tells the
story of how prison inmates
– murderers and rapists
included – came forward
to vote that day. Even those
whom we fear embraced
their responsibilities.
This is an interesting
contrast to local non-voters
who chose not to act out of
the belief that nothing can
change. But one is grateful
that we did not have to fear
a Khmer Rouge last year the
way Cambodians once did.
Malaysians are not
known for being passion-
ate readers. Our education
system and the manner
in which society raises us
contributes to a collective
lack of love for knowledge.
Which perhaps explains our
myopia: when we complain
about our lot, there is barely
any awareness of how in
spite of our issues, we are
better poised than some
other countries to make
the states are not permitted
to enact hudud laws on
federal Penal Code offences
such as theft, robbery, rape,
murder, incest, unnatural sex
even though these crimes are
against Islam.
Second, Schedule 9 List
II, paragraph I, also says that,
Syariah Courts have no power
to apply hudud to non-Mus-
lims.
Third, the jurisdiction of
Syariah Courts is not inherent
but must derive from federal
law. The implication is that the
states and Syariah Courts
have jurisdiction ONLY over
such Islamic offences as are
not dealt by federal law like
consuming alcohol, not fast-
ing, zina, khalwat and missing
Friday prayers.
Fourth, there is a constitu-
tional problem of enforcement,
arrest and detention of Syariah
offenders. States are entitled to
set up their own enforcement
units. However, if they seek
| MONDAY JANUARY 12 2009
changes.
Which brings
us to the third
thought: many
criticise political
figures quietly
for falling in with
party lines. But
underlying that,
we do in fact ap-
prove of not ques-
tioning leadership
and cherish too
ing of short-term
peace at the expense of our
long-term good. Many of
us choose to do so in our
professional lives outside
the political sphere.
Otherwise, those who
represent us could not
have escaped in the past for
not speaking out. Neither
would those who practised
diversity in opinion have
suffered the repercussions
they did. The ability to stay
mum remains a common
habit. That has to go. We
can speak up in a manner
that is respectful when it is
needed, for those we love or
for those who lack a voice.
Being a citizen who cares is
not synonymous with burn-
ing street objects or shouting
obscenities at ministers.
I am grateful for being a
citizen of a country that does
not behead its journalists or
establishes rape camps for
genocidal purposes. This
country contains people
– not too few, one hopes
– who are willing to give
their all so that we will
never have to come to that.
All countries carry the
seeds of war, rape and
ethnic and religious based
genocide, to be committed
in atrocious manner beyond
most of our imaginations.
While we are able, we must
never come to that.
The writer aspires to
read all of Hannah Arendt’s
books. Comments: letters@
thesundaily.com.
help from the police there is
a legal dilemma that needs to
be resolved as the police are
governed by federal laws.
Fifth, police, prison, re-
formatories, remand homes
and places of detention are in
the Federal List. It is submitted
that state-run rehabilitation
centres for aqidah offenders or
murtads are outside the power
of the state authorities.
Malaysia is a secular coun-
try as provided by the Federal
Constitution. The stand taken
by the new leadership under
Datuk Seri Ong Tee Keat has
been clear and consistent:
MCA respects Islam as the of-
ficial religion. MCA will stand
by the Federal Constitution. If
there is an attempt to amend
the Federal Constitution to
incorporate hudud, MCA will
challenge it vigorously.
Tan Foong Luen
Negri Sembilan MCA
Legal Bureau Chief