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Politics & government Society

[2740] Hudud for all is more honest

I am not a fan of Isma and their narrow worldview. I find them destructive to Malaysia but this time around, one of their views is useful. They want hudud to be applicable to all Malaysians regardless of beliefs. I think them pushing the idea is a great thing.

Please do not misunderstand me. I oppose hudud. What I am getting at is this: with the new slogan ”Hudud for All,” opposing hudud is becoming politically easier than before. Allow me to explain.

Sometime not too long ago, there was an argument that hudud would apply to Muslims only. The Christians, the Buddhists, the Hindus, the agnostics-atheists and the others need not worry about the harsh punishments associated with hudud. They could live their life as if nothing happened. PAS members use the argument from time to time in front of their non-Muslim audience to emolliate non-Muslims’ fears of hudud.

I have always been sceptical about that argument. Even if hudud were to be limited to Muslims only, I believe other Malaysians would not truly be free from it. They might be free from the actual punishments but not from the social changes that would definitely come along with hudud.

The implementation of hudud would change the make-up of Malaysia regardless of the exemptions made for non-Muslims. It is naïve to think that a great change in the majority population would not affect the religious minorities. When the majority suddenly turns religiously conservative, voluntarily or by force, no high walls and barb wire can protect the minority from the pressure to be more”¦ decent. How do you isolate yourself from social changes?

What effectively an Islamic state for the majority and a secular state for the minority would end with is only one outcome: the end of the secular state. Even with our current dual justice system — one for the Muslims and one for the others — conflicts are aplenty.

We fight for the guardianship of our children and we even fight for the burial rights of our dead. The implementation of hudud for Muslims will raise the level of conflict among us. If a Muslim is caught stealing from a non-Muslim, the thief would get his hand chopped off. If a non-Muslim is caught stealing from a Muslim, the thief would get away with his hand. How is that fair? What if a non-Muslim raped a Muslim and vice versa? Which standards of proof should be used? The looser one for the non-Muslims and the tighter one for the Muslims?

How would the unfairness affect relations between the communities?

I have written about this before and I am writing this again: the conflict would divide us further.

I would not want to live in that Malaysia.

And let us not kid ourselves. When there is a conflict between the two existing legal systems, the Muslim side has an advantage. Remember that case when the Muslim father took away his children from his Hindu wife? The Islamic court ruled in favour of the father and the civil court ruled in favour of the mother. The police did nothing.

Clearly, the current relatively mild setup already is affecting the non-Muslims. Why should hudud be any different? Why would a step towards Islamic state be any different?

But my scepticism is my own. It frustrates me to know some non-Muslims buy the argument that hudud will be applicable to Muslims only. They believe hudud is purely a Muslim matter, falsely believing they have no stake in the debate. And so, the non-Muslims would not discuss it critically and maybe, they would not demand a vote against any Islam-related matter in the Parliament.

Here is another way to look at it. Hudud promoters do not take non-Muslims’ democratic rights away. But they are encouraging non-Muslims to forfeit those rights. When the non-Muslims forfeit it, the proponents will find it easier to push hudud through.

After all, with the non-Muslims out of the way, when matters of Islam are pushed through, with the rhetoric of God’s rights soaring through the sky, which Muslim Members of Parliament would dare personally say no in the open? Dare they oppose the almighty God?

The Muslim MPs who oppose would be in the minority, sticking out like a sore thumb but no more than that.

Today, our Prime Minister Najib Razak’s position on the matter is as elusive as Anwar Ibrahim’s. Worse, Umno is working with PAS to study the hudud proposal. Things like this make me misses Dr Mahathir Mohamad. He has done a lot of damage to Malaysia, but he has also done a lot of good. And he is a staunch opponent of hudud. He stands his ground.

But now, well now hudud is for all. Maybe now those who think hudud is none of their business would wake up from their naïve dream.

Better yet, the respectable Mohd Asri Zainul Abidin, an Islamic cleric and the former mufti of Perlis, has argued for the same. He is no Isma and he is no Ridhuan Tee. That suggests the idea of hudud for all is not exclusive to the realm of Muslim-Malay ring-wing groups. It can come from a typically reasonable Muslim too. That should scare the naïve you. The fact that Umno and PAS are working together should also scare you.

PAS is postponing its plan to table its hudud bills in the Parliament. That is good. But the debate is unlikely to go away anytime soon. That means you, whoever you are, can still use your democratic right to oppose hudud. The Muslims who oppose hudud need you to exercise your rights.

And after all, Malaysia is not a country belonging to the Muslims only. Malaysia belongs to all of us regardless of beliefs. Why should we surrender the future of Malaysia to the proponents of hudud? Why should you forfeit your rights to the proponents of hudud?

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved
First published in The Malay Mail on May 16 2014.

Categories
Politics & government

[2739] Karpal Singh, the Rock

I woke up to terrible news on Thursday. Lying on a bed and bracing myself for the work morning, I reached for my phone trying to stay in bed longer. I glanced through my phone to see if there was anything urgent. There was none and I felt relieved. My eyes then were focused on messages that popped while I was sound asleep.

There were several messages at round 3am or 4am. These went: ”Karpal Singh is dead.”

I was still unsure if I was awake then. It would not be the first time I thought I was awake but really, I was still dreaming. I took a few more minutes staring blankly into the ceiling, assessing my reality, before checking my Twitter account to verify the news.

True enough, condolences were everywhere and news agencies as far as Australia were already breaking the news. Karpal Singh died in a car crash in Perak, while he was on his way to Penang.

I have deep scepticism to politics revolving around personality. But in times when our institutions can disappoint us, failing to check the powers that be and worsening the excesses of power, personalities like Karpal Singh can do a lot of good.

He was almost always there to remind us of the limits of power and to put pressure on our institutions to do what was right, even at his expense. That happened in Perak in 2009 when he questioned the Sultan of Perak for the monarch’s intervention that led to an outrageous change of government. He was charged for sedition and was found guilty in March 2014.

It is hard to think how such a conviction is possible in this age. Maybe it is more than a possibility because the royal institution is ancient and it requires all the help it can get to survive in this modern world.

He was also steadfast in his beliefs. He has been a strong opponent to the implementation of hudud and he was the rock in the middle of the road. Even when things were relatively at peace and the component parties of Pakatan Rakyat rather not talk about the Islamic penal code so that they could focus on the commonalities between them, he continued to voice his opinion. I know some people in DAP cringed whenever he talked about hudud. They thought it was unnecessary to disturb the peace in the coalition with everybody working together, at times when hudud was put on the backburner.

Now, hudud, that monster that will not die, is back. PAS plans to table two private member bills in the Parliament to allow Kelantan to implement it.

I disagree with the current legal system in Malaysia. I am no legal expert but I see two laws for two different peoples in this country. It divides us all and makes fun of the idea of equality of rights. The implementation of hudud will exacerbate that.

The way hudud has been promoted highlights its distaste for equality: That it only affects the Muslim population. The advocates say so in the hopes of addressing the concern from the non-Muslim side, so that the Buddhists, the Hindus, the Christians, the atheists and others would step aside as if it is purely a Muslim issue.

”Everybody, stay out! It does not concern you,” the more argumentative pro-hudud men and women would say. They are sacrificing whatever equality we have to get what they want.

We know it is not true that it will affect the Muslims only. We know there will be overlaps of rights. We know there will be conflict. We know hudud will change the way Muslims and non-Muslims will interact which each other. We know it will change the characteristic of this country. There is no way on earth will a great change in the majority population not affect others.

Even in the current shariah system, we are already seeing overlaps and conflicts. Our institutions, with all of their bias, offer no justice in that situation.

I foresee the implementation of hudud making that kind of conflict worse. So much worse that I contend hudud will be the end of Malaysia as we know it.

Karpal left us at an inopportune time. I am upset at him now because it is in this exact situation that we need him. He left abruptly too soon. We will need a new one if we want to prolong our shared story. We need a new rock blocking the road to the end of Malaysia.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved
First published in The Malay Mail on April 20 2014.

Categories
Politics & government

[2734] Obama in Kuala Lumpur, a disappointing townhall session

I was lucky enough to get invited to a townhall meeting where Obama talked about the US involvement in Asia. The President gave a speech and I thought he touched on many issues which are close to Malaysia, from equality, rule of law, how democracy is not just about elections, to security in Asia. The audience loved it when he talked about equality, clapping immediately forcing him to pause. A particularly touching story was about an American teacher from Boston in Malaysia, who after the bombing, encouraged her Malaysian students to write letters to the victims, highlighting the people-to-people relations that exist between the US and Malaysia.

The audience also clapped almost every time he said a Malay word. Yea, cheap thrill. Every time he shouted “Go Blue!” at my university (he gave a speech at Michigan a week or two back), a tiny part of me would vote for the Democrats even though I am a libertarian.

I thought he set the tone for the townhall session. A good, critical tone. But it was not to be.

This was the chance of a lifetime to ask the President of the United States of America important questions at the time when the Trans-Pacific Partnership is under negotiation and the temperature in the South and East China Seas is rising, becoming the ground for the next Great Game. But it was wasted by ridiculously fluffy questions about his regrets, about his values, about “share with us how Malaysia can become a rich country”, about… what on earth is going on, ask real questions you sheep!

I was so frustrated that I raised my own hands, hoping that Obama would pick me. I wanted to show these people what a critical question would sound like. I had two questions in mind:

  1. How confident are you that the TPP would be closed given that you do not appear to have the Congress’ full support?
  2. What the US is doing to ensure resolution in the South China Sea will come through peaceful means?

But with about 300 people, the chances of me being chosen by the US President himself was less than half a percentage point.

There are other questions one could ask, from the Israeli-Palestinian conflict, to Iran, climate change, North Korea to… oh god, the Pivot to Asia, to MH370, to the US position towards the sharia laws, to… plenty of real issues. This is the leader of the United States, the world’s superpower. Not Justin Bieber goddammit.

It was quite unbelievable the quality of questions asked. These guys cannot possibly have a university degree.

Obama tried to relate his answers to the bigger relevant picture, probably trying to make the questions respectable. I do not remember all the details. I think he made a statement about how a country could not possibly succeed if the minority in the population were discriminated against. Right there, a direct rebuke of Malaysia’s racial policies. There were between-the-lines messages in it. He tried to raise the standards I think. But there is only so much one can do with a terrible question. I meant, terrible questions.

So, here is how I feel. He gave a respectable speech but the actual townhall session itself was an utter, horrible disappointment.

Still, I am glad that I was there.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved
p/s — The White House just released the transcript from the townhall session. Judge the questions for yourself.

Categories
Politics & government

[2730] The Kajang farce

I am not particularly warm to the Kajang move but it had its significance. I write in the past tense because Anwar Ibrahim is not in the equation anymore after the court overturned his 2012 acquittal. I disagree with the court’s decision but that is arguably a matter of opinion. What is a fact is that the many commentaries dedicated to Kajang in the past weeks were rendered irrelevant by it. The so-called Kajang move itself has been turned into pretty much nothing but a chance at practicing soaring rhetoric.

The political maneuvering was dubbed by pro-Kajang members of Pakatan Rakyat as the road to Putrajaya. It is now a road to nowhere. Kajang now solves none of the problem the Anwar Ibrahim candidacy was supposed to solve. The balance of power remains substantively unchanged, except maybe the Selangor water deal, which pro-Kajang PKR members have received quite uncomfortably. As an outsider, it appears to me that it is all status quo all over again after all the huff and puff.

Wan Azizah, the president of PKR and the wife of Anwar Ibrahim, is now the candidate for Kajang, versus MCA’s candidate Chew Mei Fun. For Chew, it is an exercise in futility. Chew, like her party, is a spent force, sent out to be slaughtered, except perhaps to assess how unpopular MCA is.

Maybe there will be some good to someone after all. Maybe Umno can look back at Kajang sometime in the future and then demand more seats for themselves at the expense of MCA. Poor MCA but they deserve it through and through.

Wan Azizah, PKR and Pakatan Rakyat as a whole will likely win. It is hard to imagine how they would lose the by-election. PKR won the state seat with a huge majority in 2013. I think the only credible third option was Zaid Ibrahim. Not that I think he would win but he is more tolerable than almost anybody from MCA.

I have a hard time imagining Pakatan Rakyat supporters — not necessarily members — who angered by the Kajang move would vote for Barisan Nasional. Just because they— and I— are angry at Anwar Ibrahim and possibly Rafizi Ramli as the identified mastermind of the whole maneuvering, does not make Barisan Nasional more attractive as a choice. I am angry at PKR specifically, but I have not forgotten the excesses, the corruption and the arrogance of Barisan Nasional. Should I add stupidity as well?

People like me are trapped between Pakatan Rakyat”¦ and Pakatan Rakyat. So I do feel a serious sense of disenfranchisement. The world is not about me, I know, but that does not mean I like being used and taken for granted. I think that is how PKR specifically has done while making its Kajang move.

At a dinner not too long ago, a Pakatan Rakyat Member of Parliament asked me how I would vote if I was a voter in Kajang. I said I would not go out and vote. I could say that without much regret because it was a hypothetical situation. I do not get to vote in Kajang.

With the appellate court’s curiously rushed decision, Pakatan Rakyat will turn the Kajang move into a referendum against the Barisan Nasional. Wan Azizah being the wife will also mean the sympathy card is in play.

When the court decision was made that Friday, it was impossible to claim the tears she shed were for dramatic purpose. What Anwar Ibrahim is facing is nothing short of injustice. When I learned the judgment, something inside me boiled into anger.

Let us not think those who sneer at the Kajang move would like injustice done to the former deputy prime minister. An injustice remains an injustice but it does not make one wrong any better. If two wrongs make a right, then I would question our moral standards.

So, it will be a successful referendum.

But then again, every by-election is a referendum. One too many — let us not forget that other by-election in Sarawak — and it trivializes the very word, degrading the democratic practice to the level of Akademi Fantasi-American Idol. We go to great lengths to vote for nothing substantive.

That indeed is how I see the whole episode. Look it up in an English dictionary. Under the F section, there is an entry for the word ”farce.”

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved
First published in The Malay Mail on March 22 2014.

Categories
Conflict & disaster Politics & government Society

[2729] Tragedy and brownie points

I am sure all of us are hoping for the best for Flight MH370. I have a friend on that flight who attended the Malay College with me long ago. I cannot say I was very close to him, neither can I say having him on that plane makes me more invested in the whole mystery, but I do hope he is alright nevertheless.

The relatives of the victims deserve our sympathy whatever the fate of the airplane. But as I scan the news on the television, in the papers and online, I wonder if some of us are overdoing it.

Politicians and their spouses are visiting the victims’ relatives. I am skeptical of the purpose of their visits.

Some are directly participating in the rescue effort and they are ministers directly involved in the effort to find the missing plane. Having the Transport Minister Hishammuddin Hussein meeting and consoling the relatives is appropriate. He is communicating the government’s effort to the families, however confusing the messages can be now. The Prime Minister visiting is okay too because, after all, he is head of the government.

As for the others, I think it is all about showing faces and making sure everyone else knows that you care, regardless of sincerity. It is about reaping some political brownie points more than anything else.

I do not fully blame the politicians for doing it. Societal expectations can also be at play here. Whether you care or not, you just have to go, as if it is a public duty to show up. If you do not go, you risk being labeled as uncaring and callous.

I have seen on the internet of such accusation being thrown at politicians who are busy with other businesses. That is an unfair accusation, as if life stops with MH370, as if nothing else matters in comparison to MH370. I thought Praba Ganesan made the point well earlier this week about how we do not live in a mutually exclusive world where we need to choose only one matter to focus on (although, I have to add, the timing of Pakatan Rakyat’s convention was truly unfortunate).[1]

BN politicians have been visiting the relatives of the victims. This creates pressure for Pakatan Rakyat politicians to make the same visits. BN members and supporters have accused their political rivals of trying to take advantage of the tragedy, citing the attempt for the visit. I think if those BN supporters are honest, especially given what happened on Friday and later on Monday, BN is really no different.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — Hundreds of families worldwide are hopeful even if not expectant, as Flight MH370 continues to stay missing. My thoughts are with the families, and I extend my support to the thousands who make up the multinational search and rescue teams. Today, the column looks at the other major developments in the country and intends to comment on them. They matter, even if they are wholly separate from the tragedy which leaves serious question marks over the fate of 239 passengers and crew members. [If you have a moment, the other things. Praba Ganesan The Malay Mail Online. March 13 2014]