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At variance with the Constitution

REFLECTING ON THE LAW
By SHAD SALEEM FARUQI
Star
October 5, 2011

The clear intention of the 1957 Constitution was to allocate penal powers to the Federal Government and to confer on the states residual powers over minor syariah offences.

WHENEVER a general election appears to be around the corner, some people find it politically profitable to stoke the embers of controversy about the need for an Islamic state and its accompanying requisite – hudud laws – ie, laws relating to crimes, punishments and rights and duties that are mentioned in the Holy Quran.

Such a season of polemic is with us again and a few observations are in order.

First, it is a fact that since the 80s, many Muslims have been aspiring to give centrality to the Syariah in our legal system.
While this religious quest is understandable, its realisation requires massive legal reconstruction of the basic legal edifice.

We must be open-eyed about these changes and must accomplish them in accordance with, and not in disregard of, the constitutional charter.

Second, respecting the sensitivities and rights of other religious communities and living in peace and harmony with them under a system of just, fair and compassionate governance is also an important requirement of the Syariah.

Example of other Muslim countries where the hudud has been enforced and how hudud’s implementation has impacted on war, peace or social harmony needs to be thoroughly studied. Continue reading “At variance with the Constitution”

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Promise no surface land grabbed for MRT, Pua tells MRT Co

By Clara Chooi
The Malaysian Insider
Oct 14, 2011

KUALA LUMPUR, Oct 14 — DAP MP Tony Pua today demanded that MRT Co issue a blanket decision for all land acquisition matters involving the Klang Valley MRT project, apart from its pledge to leave Jalan Sultan properties untouched.

The Petaling Jaya Utara MP said no surface land should be grabbed to make way for tunnelling work for the multibillion ringgit rail project while underground land should only be acquired strictly to construct MRT stations or its ancillary facilities like air vents and access points.

“No parcel of land should be compulsorily acquired for the purposes of profit generation by the government,” Pua said in a statement here. Continue reading “Promise no surface land grabbed for MRT, Pua tells MRT Co”

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Why the hudud controversy will not die

by Pak Sako
CPI
14 October 2011

PAS and DAP’s decision to ‘agree to disagree’ on hudud must be taken for what it really is: a politically-motivated temporary ceasefire.

It does not resolve the hudud controversy.

The controversy can never be resolved as long as the fundamental questions of the hudud debate continue to be avoided. The questions are:

1. What goals are hudud meant to achieve?

2. What are the pluses and minuses of hudud?

3. Do all Malaysian Muslims as well as non-Muslims want hudud?

A national dialogue on implementing hudud must exhaustively probe these questions before anything else. Continue reading “Why the hudud controversy will not die”

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Copycat judge in a copyright case!

By Martin Jalleh
14 Oct 2011

When the respected retired judge N H Chan called certain judges in the appellate courts “imposters”, “intellectual and legal frauds”, “incompetent”, “inane”, “ignoramuses”, “inconsistent” and even an “idiotic” bunch, little did he realise that he was being very mild.

Now it has come to the public’s notice that crouching amongst the growing company of judicial clowns and court jesters in the Palace of Justice is a copycat judge who allegedly plagiarised chunks of a judgment of another judge – in a copyright infringement case!

Former Law Minister Rais Yatim has confirmed that the government had known about the plagiarising judge, but Rais tries to take the rakyat for a ride by blaming it all on the then Chief Justice (CJ), and that it was left to the latter to investigate and to take appropriate action. Continue reading “Copycat judge in a copyright case!”

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Rich world economic malaise to endure into 2012: Reuters poll

By Andy Bruce
Reuters

LONDON (Reuters) – Stagnation is probably the best many of the world’s biggest developed economies can hope for over the next year, with several facing a significant chance of recession, Reuters polls of around 350 economists showed on Thursday.

After a promising start, 2011 has turned into an enormous disappointment for major rich world economies, which have been hobbled by a noxious combination of austerity, debt crises, natural disaster and political impasse.

Backed up by Thursday’s weak trade figures from China, which pointed to profound global economic weakness, the October quarterly survey suggested a bout of weak growth in many G7 economies could extend deep into next year and beyond.

The world economy will grow 3.8 percent in 2011, the poll showed, and just 3.6 percent next year — a stark contrast to the 4.1 percent and 4.3 percent forecasts from the last quarterly survey in July.

But even these tepid growth rates could depend on progress in clearing some of the world’s biggest economic hurdles, like the euro zone sovereign debt crisis and finding ways to boost growth in the United States. Continue reading “Rich world economic malaise to endure into 2012: Reuters poll”

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MRT Co backs down from land row

By Melissa Chi | October 13, 2011
The Malaysian Insider

KUALA LUMPUR, Oct 13 — MRT Corporation CEO Datuk Azhar Abdul Hamid pledged today Jalan Sultan properties will not be acquired for the Klang Valley Mass Rapit Transit project, as long as businesses and landowners vacate their premises temporarily during tunnel construction.
“We are not touching your property, we are not going to take over your property, I don’t understand why realignment becomes an issue.

“I would acknowledge to you today that the biggest challenge would be in Bukit Bintang area because the area is so tight that we cannot get to the underground tunnel done without demolishing buildings at the top,” he said today.

The newly appointed chief of the MRT project owner said Jalan Sultan traders would be compensated for six months loss of income, of which the value would be determined by an independent third party firm, and to put them up at another location if necessary.
Continue reading “MRT Co backs down from land row”

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IMF trims Asian growth forecasts as risks grow

By KELVIN CHAN
AP Business Writer – 3 hours ago

HONG KONG (AP) — The International Monetary Fund trimmed its economic growth forecasts for Asia on Thursday because of financial turbulence in Europe and a possible slowdown in the U.S.

The risks to Asia’s growth are “decidedly tilted to the downside” reflecting the negative outlooks for Europe and the U.S., which are the major markets for the region’s exports, the IMF said in a twice-yearly report.

Asia’s economic growth is forecast to average 6.3 percent in 2011, rising to 6.7 percent in 2012. That’s lower than the IMF’s April forecast of nearly 7 percent in both years.

The report covers 20 economies in a vast region stretching from India to Japan to New Zealand. Continue reading “IMF trims Asian growth forecasts as risks grow”

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MIER trims GDP estimates as global economic slump bites

By Lee Wei Lian
The Malaysian Insider
Oct 13, 2011

KUALA LUMPUR, Oct 13 — The Malaysian Institute of Economic Research (MIER) cut to 4.6 per cent, from 5.2 per cent, its projection for the country’s economic growth this year, citing a sliding global economy that it said could hurt exports.

The government-funded MIER also downgraded its estimates for 2012 to 5.5 per cent, which is within the Najib administration’s projected growth range of between five and six per cent.

Some market and bank analysts have described next year’s projections as too rosy, with RHB Research Institute saying this week that Malaysia’s economic growth could slow to just 3.6 per cent next year, from a projected 4.3 per cent, this year due to the increasing risk of a double dip global recession.

MIER executive director Zakariah Abdul Rashid said today that while the 2012 Budget unveiled last Friday will help boost private consumption, it will not be able to offset a slump in external demand.

“The 2012 Budget is insufficient to overcome external weakness,” he said in a briefing today. Continue reading “MIER trims GDP estimates as global economic slump bites”

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Stemming the Malaysian exodus

— Douglas Tan
The Malaysian Insider
Oct 12, 2011

OCT 12 — Recently, YB Teresa Kok asked me, “Why are Malaysians so keen to leave this country? Life overseas is not necessarily easier!” I agree that life overseas is not necessarily so. In fact, my cousins living in Hong Kong, Singapore and London tell me regularly that they miss the food and that everything is much cheaper at home (except cars). They complain about the weather, high cost of living and their long working hours. Despite this, when the possibility of coming back home is raised, they give me a smile and a shake of their head.

Is living in Malaysia really so bad? What is it that other countries have that we don’t? YB Lim Kit Siang posted on his blog in December 2009 that more than 630 Malaysians migrate overseas everyday, and that number is increasing year on year.

This is a worrying statistic and the brain drain issue is one that the current government acknowledges is a problem. However, the best they can come up with to make Malaysians come back are tax breaks, and tax-free vehicles. From day one, it has become apparent these ‘perks’ would simply not work. Continue reading “Stemming the Malaysian exodus”

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Malaysia’s Old Economic Model

The government still offers handouts instead of reforms to woo voters.

Wall Street Journal
12th Oct 2011

Malaysian Prime Minister Najib Razak has unveiled a budget full of freebies designed to win over voters in the next general election, expected in the next six months. In the process, he is dashing expectations of economic reforms needed to promote growth.

This contrasts with the political reforms Mr. Najib announced last month. A promised overhaul of the country’s colonial-era legal code would guarantee political and civil freedoms long denied to Malaysians.

Mr. Najib seems to have thought of a handout for nearly everyone in 2012. The country’s 1.3 million civil servants will see salaries and pensions rise, in many cases by as much as 30%; households earning less than 3,000 ringgit ($960) a month will receive one-off payments of 500 ringgit; parents will find many school fees abolished or reduced. Then there are the taxi drivers who get fat tax exemptions. Continue reading “Malaysia’s Old Economic Model”

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Recession risk high and rising, says RHB

By Lee Wei Lian
The Malaysian Insider
Oct 12, 2011

KUALA LUMPUR, Oct 12 — Malaysia’s economic growth could slow to just 3.6 per cent next year from a projected 4.3 per cent this year due to the increasing risk of a double dip global recession, said the RHB Research Institute.

The RHB unit’s growth projection issued yesterday is significantly lower than Prime Minister Datuk Seri Najib Razak’s forecast of five to six per cent growth for 2012 in his proposed RM232 billion Budget 2012 tabled last Friday.

The research house said that the risk of a double-dip global recession is high and rising as both the US and Europe cannot withstand another shock although a recession could be averted if leaders in both continents act fast enough to contain the debt crises and avert a contagion that could lead to a complete meltdown in confidence.

It also expected businesses to cut spending in view of rising uncertainties although some growth will come from the implementation of the Economic Transformation Programme (ETP).

Private investment growth is projected to soften further to 4.6 per cent in 2012, after slowing to an estimated 5.7 per cent for 2011, the report added.

Exports, meanwhile, are expected to grow at just 1.1 per cent compared to 3.4 per cent this year due to dampened foreign demand for electronics and electrical items.

Domestic demand is projected to grow at a slower pace of 5.1 per cent in 2012, compared with an estimated 5.8 per cent for 2011.

RHB said, however, that consumer spending is expected to remain “reasonably resilient” and grow at around 5.3 per cent in 2012, compared with 6.0 per cent for 2011, given high savings, rising consumerism and an increase in salary.

Most research houses have lowered their 2012 growth projections for Malaysia despite Najib’s optimism in the Budget proposals, which critics have say is primed for the next general election that must be called by early 2013. Continue reading “Recession risk high and rising, says RHB”

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Goldman Sachs says Malaysia needs tougher reforms

By Shannon Teoh
The Malaysian Insider
Oct 11, 2011

KUALA LUMPUR, Oct 11 — Global banking giant Goldman Sachs believes Malaysia must push through tougher reforms such as a goods and services tax (GST) and slashing subsidies if it wants to transform into a high-income nation.

Its review of Budget 2012 proposals said the recovery in private investment since the 1997 Asian financial crisis has been held back “by scepticism over the government’s transformation efforts over the years.”

“Pushing through tougher reforms is ultimately what is needed to catalyse the economic transformation process. Continue reading “Goldman Sachs says Malaysia needs tougher reforms”

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Cops fired tear gas directly at demonstrators, witness tells Bersih inquiry

By Shazwan Mustafa Kamal
The Malaysian Insider
Oct 11, 2011

KUALA LUMPUR, Oct 11 — Riot police fired tear gas directly at a crowd of peaceful and “non-hostile” Bersih supporters, a witness told a public inquiry into the July 9 protests today.

Lawyer Nor Syazwani Muharam, a Bar Council representative who had monitored the rally, said that the incident occurred along Jalan Masjid Jamek where the police had told Bersih supporters to disperse and rang a warning bell three times.

“I did not see any violence by the Bersih supporters. There was no hostility from the public, I did not see any provocation from them,” she told the Human Rights Commission (Suhakam) inquiry here.

Nor Syazwani said the crowd was about “one block” away from the riot police before tear gas was fired directly at them.

“Police fired directly towards the crowd,” she said. Continue reading “Cops fired tear gas directly at demonstrators, witness tells Bersih inquiry”

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Smirk faces and snide remarks?

Letters
by Uwe Dippel
Senior Lecturer
Department of Systems and Networking
College of Information Technology
Universiti Tenaga Nasional

My comment on the University Rankings

That is what I tend to see and hear around me in these days, after the annual world rankings of universities have been published.

As a reminder: the rankings published by QS saw UM rising to place 167, while all other Malaysian universities went down by around 20-30 each, with UTM falling out of the top 400 completely.

Then, on October 7th, another ranking provider, Times Higher Education Supplement (THES) saw
all Malaysian universities falling straight out of the top 400, including Universiti Malaya.

No wonder about those faces looking at me and those remarks. So, have we university lecturers just been in a state of tidur, fast asleep, and lazying about during the last years? I can’t blame the public for their initial feelings. Though the matter is not quite that straightforward and simple. Continue reading “Smirk faces and snide remarks?”

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A philosophical comparison of the budgets

By Zairil Khir Johari | October 11, 2011
The Malaysian Insider

OCT 11 — And so it has come to this. The last push. With the general election expected soon, both Pakatan Rakyat and Barisan Nasional are preparing themselves for the final assault. Barricades have been erected, cannons lined up and guns trained on the other side. In the last week, we have witnessed the opening salvos launched by both sides.

First to the tilt was Pakatan Rakyat with a modest offering encapsulated in the title “kesejahteraan untuk semua” or “prosperity for all’. And just as it was about to gain traction the ruling Barisan Nasional descended with a no-holds-barred mega welfare budget, coincidentally called “bajet membela rakyat, mensejahtera negara”, or “defending the people and prosperity for the country”.

Without a doubt, both sides have angled the budget with an election in mind. Thus, there is no escaping the menial comparisons between the two sets of proffered “goodies” — RM500 for lower-income households compared to RM1,000 for lower-income housewives, or cash and book voucher bonuses for students compared to RM700 childcare allowances, or a restructuring of teachers’ salary schemes compared to an outright increase in teachers’ allowances. In short, most comparative discourse has been about whose sack contains bigger and better presents — Santa Najib or Santa.
Continue reading “A philosophical comparison of the budgets”

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University ranking and intellectual honesty

By AB Sulaiman | Oct 10, 2011
Malaysiakini

The Times Higher Education World University Ranking has recently announced the results of its survey and the ranking of universities from all over the world for 2011-2012.

In the past, some of our universities have done modestly well, slotted in the low 200 -300 positions.

But for the first time, none did any better than 400 this year. We Malaysians have every right to be stumped. What has gone miserably, pathetically, pitifully wrong?

We all know that in this country, education as an institution has broken down, but surely not this badly!

Many concerned citizens like (DAP supremo Lim Kit Siang, usually the first to highlight the issue to the public domain) have voiced their opinions.
Continue reading “University ranking and intellectual honesty”

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Economists uneasy over sugary Budget

By Lee Wei Lian
The Malaysian Insider
Oct 10, 2011

KUALA LUMPUR, Oct 10 — Economists said today that the 2012 Budget risks committing Malaysia to the path of unsustainable spending at a time when the global economic outlook remains uncertain.

Bank of America director of global research Chua Hak Bin noted that both Malaysia’s public and household debt levels were at worrying levels, and said the government appeared to be kicking the debt can further down the road by not addressing it in the Budget.

“Will debt dynamics increase and will Malaysia face a year of reckoning?” he asked at the post-Budget dialogue organised by the Malaysian Economic Association and University of Malaya here.

Chua said there was a chance government revenues would be hit by a recession, which would make it harder to meet the commitment to trim the deficit to 4.7 per cent next year from 5.4 per cent now.

“The deficit is extremely sensitive to the state of the economy,” he pointed out. Continue reading “Economists uneasy over sugary Budget”

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The Premier’s Mistake

By Mat Zain bin Ibrahim

We all make mistakes. It’s only natural as human being, that we have our own weaknesses and that we get things wrong from time to time.

Prime Minister Dato Seri Mohd.Najib Tun Razak,like any other ordinary human being, naturally has weaknesses and do get many things wrong from time to time, albeit not ready to own-up to any of them.However, with due respect, I am of the opinion, that one of his greatest misjudgement was retaining Tan Sri Abdul Gani Patail as the Attorney General.

PM Najib knew all along, well before he assume the Premiership, that the AG have been proven to be involved in some criminal wrongdoings. Despite being warned, that retaining the AG would be an added liability to himself and a big risk to his administration, he chose to let the AG not only to remain in office, but gave the latter wider space.

I know for certain, that the PM was fully advised on this matter. The possibility of the PM not being able to fathom the seriousness of the issue should not arise at all.
Continue reading “The Premier’s Mistake”

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Adopt Zakat, Not Hudud

By M. Bakri Musa

Malay politicians fall all over themselves in advocating hudud, the Islamic penal laws. That is less an expression of their commitment to Islam, more blatant pandering to Muslim voters.

If these leaders are truly committed to advancing the cause of Islam, there is a more productive strategy: make zakat mandatory. Being one of the pillars of our faith, zakat is more defining of Islam. It is even ahead of performing the Hajj. Adopting zakat would bring the country closer to an Islamic state symbolically and operationally, certainly much more so than implementing hudud.

Creatively managed, zakat could be a formidable force for economic and social development; it would also highlight what is right about Islam. Currently in Malaysia and in many Muslim countries, mobilizing zakat remains only a potential. As the Halal Journal noted, “…[I]n the context of the Malaysian economy, zakat has not played a significant role ….” There is also a dearth of economic research on zakat. The recently convened United Malay Economic Action Council, presumably comprising luminaries in commerce and economics, has not even explored the issue.
Continue reading “Adopt Zakat, Not Hudud”

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2012 budget – cornucopia of goodies for votes

Prime Minister cum Finance Minister Datuk Seri Najib Razak’s 2012 Budget on Friday was a veritable cornucopia of goodies for votes in the 13th general elections – the most brazen and cynical budget exercise in the nation’s history to reach out for voter support from a whole swathe of targetted groups comprising important vote-banks.

But the inequitable and corrupt system which bred decades of injustice, inequality and exploitation remains completely untouched.

The 2012 Budget is designed to win the next general elections for Najib and not to reform and transform the country’s system, structures and institutions to end the rot which has seen Malaysia losing out in international competitiveness and being overtaken by more and more countries in national, economic and human resource development including in South East Asia. Continue reading “2012 budget – cornucopia of goodies for votes”