Malaysia : Amending laws will resolve conversion issue
By Deborah Loh

PETALING JAYA, 28 April 2009: Amending laws to stop the unilateral conversion of children to Islam will pave the way to resolving other thorny issues when a family member converts, the Bar Council said today.

Urging the government to move swiftly on amending laws to enforce the cabinet's recent directive against unilateral conversions, Bar Council president Ragunath Kesavan said the groundbreaking move would also affect guardianship and custody, maintenance of spouse and children, inheritance of a deceased convert's estate, burial rites, and nominations and assignments of insurance policies.

Ragunath "We are optimistic that the resolution of this thorny issue will be a precursor to the resolution of other complex issues that arise when a family member converts," Ragunath said in a press statement today.

Until laws are amended, he said cabinet directives were merely policy statements that could not be fully realized.

Ragunath said amendments to the law would not diminish nor affect Islam, and its position under the Federal Constitution.

"The directive will go a long way towards reducing part of the acrimony within families and communities over hurried and hushed conversions of children by one parent, which often occurs following the breakdown of a marriage. As such, this initiative will clarify an area of law that is currently contested, and will promote greater harmony and respect among our multi-ethic and multi-religious society."

He said the Bar Council was ready to support and assist the government in making the amendments.

It has been reported previously that the laws that need to be amended, according to the Joint Action Group for Gender Equality (JAG), are the Law Reform (Marriage and Divorce) Act and Islamic Family Law, both to ensure that the converted spouse fulfils obligations under civil marriage; and Article 12(4) of the Federal Constitution to recognise the rights of both parents in deciding the religion of a minor.

Indira Gandhi still waiting

To date, despite the cabinet directive and despite a high court order for interim custody of her children, nothing has changed for M Indira Gandhi.

The kindergarten teacher is still waiting for her husband, K Patmanathan, whose Muslim name is Mohd Ridzuan Abdullah, to return her youngest child, baby Prasana Diksa.

On 24 April, the Ipoh High Court ruled that Indira Gandhi should be given interim custody of her three children the day after the cabinet decision was announced. Indira Gandhi spent that first night sleepless at a police station waiting for her husband and baby to show up, but in vain.

She has now resorted to putting up "wanted" posters of her husband with the help of the Perak DAP and the Malaysia Hindu Sangam.

Lim (File pic)What next, cabinet?

DAP parliamentary leader Lim Kit Siang today said the cabinet, after its weekly meeting tomorrow, should "send out a clear signal" that it stands by its decision.

"It is not a meaningless decision to be defied with impunity. Steps must be taken to return Prasana to her mother without delay, as well as to put the policy decision into effect with the necessary legislative and administrative follow-up actions," Lim said in a statement today.

The cabinet had directed that children in a marital dispute should follow the common religion at the time of their parents' marriage under civil law. It also decided that the end of civil marriages had to be settled by the civil court.

Lim noted that Minister in the Prime Minister's Department in charge of Islamic Affairs Datuk Jamil Khir Baharom had been assigned by the cabinet to meet Mohd Ridzuan to urge him to return the baby to her mother.

Indira Gandhi was still breastfeeding Prasana Diksa when the baby was taken away by her husband about three weeks ago. The two elder children are Tevi Darsiny, 12, and Karan Dinish, 11. All three were converted to Islam by the husband with only the use of their birth certificates.

Indira Gandhi and her two elder children

No basis to convert baby

Lim also highlighted a letter written to the New Straits Times today by Islamic theologian and philosophist Dr Ibrahim Abu Bakar, from Universiti Kebangsaan Malaysia.

Ibrahim's letter No religious basis to convert baby was strongly in favour of Mohd Ridzuan returning the baby to Indira Gandhi.

"Islamic theology does not impose any religious duty on the father to take away the baby girl from her Hindu mother. This baby should not be prohibited by her father from being breastfed by her mother.

"If he does, he is wrong and evil in Islamic theological view because Islam does not impose any religious duty on any baby regardless whether she was born to a Hindu or Muslim mother. Islam imposes Islamic religious duties upon mature men and women, not upon babies and children," Ibrahim wrote.

Ibrahim had also noted that Islamic law never said that either spouse, upon conversion to Islam, had the right to convert the children.

"Patmanathan (Mohd Ridzuan) has been supported by some ignorant Muslims on the pretext of protecting the purity of Islam and his three children. These Muslims are wrong. There is no Islamic legal basis for Muslims to help someone take away a baby from her mother and then convert that baby to Islam," he wrote.

Sisters in Islam programme manager Norhayati Kaprawi had previously told The Nut Graph that Islamic thought held that children below the age of puberty are considered free from sin. There was therefore no urgency to convert them as minors.

The bullshit Islam of some Umno Malays

GMI has invited those Malay NGOs that support the ISA to a public debate. Will they accept the invitation to a debate or will they just respond with ‘buang masa’, ‘takde masa nak layan’, and all those other copouts, which just demonstrates that they are all talk but no substance? NO HOLDS BARRED Raja Petra Kamarudin Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity. Many Umno people will probably whack me for that first paragraph above (plus, of course, for the title of this article) and will argue that I am talking bullshit. Well, let them, because this is not my quote. This is a quote from verse 104, chapter 3 (Al 'Imran) of the Quran. Muslims are supposed to believe that the Quran is God’s word. In that case, this would make the verse in that first paragraph God’s word. This is the trouble with the Umno-type Malays and the Malay wannabes from KIMMA, etc. They rush to the police station to make police reports about this person or that person having insulted Islam and about upholding the dignity of Islam and all that bullshit. And yet they are the ones who are violating Islam. Look at their claim about defending the Internal Security Act. They say the country must retain the ISA because it is needed to defend Malay rights and privileges. Now, there are two things wrong with that statement. First, racism is haram in Islam. So how can they, as Muslims, even talk about Malay rights and privileges? Secondly, detention without trial is also haram. So you are using a haram law to defend a haram policy. That makes it a double haram. Can you imagine using your urine to wash the shit from your backside after you have just answered the call of nature? Then you use the same shit mixed with urine to wash your hands. Then you go make roti canai for your customers. Yuck! I think I am going to stop eating roti canai. Malays have one warped mind. Actually, they are so confused it sometimes borders on hypocrisy. Bikin tak serupa cakap. Now do you know why these Malays would not hesitate to screw around with other women, even with other people’s wives, and they are not perturbed by their actions, but they will be very concerned if their neighbour’s wife does not wear a tudung. Islam, to most Malays, in particular to the Umno Malays, is only on the lips, not in their hearts. They scream about Islam being a religion of peace and that there is no compulsion in Islam and all that. Actually, they are just saying this to sound good. In their heart they believe the opposite. And that is why what these people say and what they do are two different things. GMI has invited those Malay NGOs that support the ISA to a public debate (see the details below). Will they accept the invitation to a debate or will they just respond with ‘buang masa’, ‘takde masa nak layan’, and all those other copouts, which will just demonstrate that they are all talk but no substance? Maybe those Malay wannabes who have made seven applications to join Barisan Nasional -- but have thus far been refused membership -- can instead accept the invitation if the so-called ‘real’ Malays from Umno and its minions like PEWARIS chicken out. Aiyah, these Malays are all talk. They scream and shout about Islam and act as if they are ready to die for Islam and go straight to heaven and all that bullshit. But the truth is they are one big bunch of hypocrites. These are the Malays who claim to be good Muslims but will use urine to wash shit. That is their particular brand of perverted Islam that they scream and shout about. In the old days these types of Muslims would be called munafik and their heads would be chopped off and their bodies left to rot in the desert. ****************************************************** Debat ISA: Haram atau Halal? Please be informed that Gerakan Mansuhkan ISA (GMI) will be organising “Debat ISA: Haram atau Halal?” in the light of the recent claims made by a group called PEWARIS chanting that ISA is in line with Islam and it is needed in order to protect the religion of Islam. Please be informed that GMI has sent an invitation to PEWARIS to send their representative to refute the anti ISA stand taken by GMI. To date, we have not received any reply from PEWARIS whether they will be coming to the event in order to present their views, which are in support of the ISA. In the spirit of freedom of speech and expression, the positive reply from PEWARIS to debate on the above mentioned issue is very much anticipated. We hope that this information can be published on your respective blogs in order to inform the public on the event. Your commitment and support in the ongoing campaign to abolish ISA are highly appreciated. Please forward this information to your blogger friends. The details of the event are as follows:- Event : “Debat ISA : Haram atau Halal?” Spekers : YB Saari Sungib (GMI) V Representative from PEWARIS Venue : Auditorium, Dewan Sivik MPPJ. Date : 9 May 2009 (Saturday) Time : 3.00pm-5.00pm Please be informed that a press conference on the event will be held on 4 May 2009 (Monday) at Kuala Lumpur Selangor Chinese Assembly Hall at 11.00am. Do come and show your support. Thank you. Regards, Fadiah Nadwa Fikri On behalf of GMI

Sun Tzu and the art of war

In 1998, when we first started using the Internet to fight Barisan Nasional, there were only 280,000 Internet subscribers against 8 million registered voters. Today, ten years on, there are almost 16 million Internet subscribers against 12 million registered voters. NO HOLDS BARRED Raja Petra Kamarudin The Internet has been abuzz the last couple of days about the ‘accidental’ police report an NGO made against Malaysiakini. Those who had made the police report did not know the difference between Malaysiakini, The Malaysian Insider and Malaysia Today. The following day, they ‘corrected’ the mistake and two more ‘Malay’ NGOs made a police report against Malaysia Today. While I am honoured that the news reports talk about Malaysiakini, The Malaysian Insider and Malaysia Today in the same breath, I have to correct this misperception and declare that Malaysia Today should not be compared to Malaysiakini or The Malaysian Insider. Malaysiakini and The Malaysian Insider are proper or legitimate online newspapers or portals run by professional media personnel, most who have many years experience in the media industry. Malaysia Today, however, is not in that same league. We are not a proper or legitimate online newspaper. Neither are we run by professional media personnel. Malaysia Today is a ‘weapon’ that is meant to bring about political change in Malaysia. We learned how useful the Internet can be back in 1998 when the Reformasi Movement first exploded onto the Malaysian political scene. More than 100 Reformasi websites mushroomed overnight to give Barisan Nasional a run for its money. Of course, then, most of these websites were aligned to Anwar Ibrahim and/or PAS. There were some that were aligned to DAP as well. In 1998, however, there were only 280,000 Internet subscribers. But that was enough to sufficiently damage Barisan Nasional in the 1999 general election that was held about a year after the debut of Reformasi. No doubt the Internet was not the major contributor to the opposition victory in November 1999. But it did contribute enough, though in a small way, as to how Barisan Alternatif performed. Then the opposition became complacent. Their 1999 ‘victory’ lulled them and put them to sleep. Not long after that DAP pulled out from Barisan Alternatif and that aggravated the problem. In the March 2004 general election, the voters demonstrated their disgust for the opposition coalition. I have already talked about this matter so many times in the past so there is no need to go over all the issues and statistics again. The bottom line is: the opposition practically got wiped out. Soon after that, Anwar Ibrahim was released from incarceration. There was jubilation all around. My wife, Marina, and I stood on the steps of the Palace of Justice in Putrajaya, quite amused at the chanting and cheering going on. My phone rang but I could not hear properly because of the noise. I handed the phone to Marina, who has better hearing than me. “It’s the BBC from London,” she told me as she handed me back the phone. “Hold on,” I shouted into the phone. “It’s so noisy here. Let me move to a quieter place.” Marina and I quickly walked to the side of the Palace of Justice where it was quieter and I spoke to the chap from the BBC. “We heard Anwar has just been released. Can we get your statement?” “Sure, but why me?” I asked. “Well, you are the Director of the Free Anwar Campaign and you run the freeanwar dot com website. I suppose you are now out of a job since Anwar has just been released. What do you plan to do now?” “I suppose you could put it that way,” I laughed. “I must be the only Director who got retrenched from his job because he is successful.” The BBC chap laughed and asked, “So what do you intend to do now, now that you have been retrenched?” “I am going to now focus fulltime on the new website I just started three weeks ago.” “Oh, what is it called?” “Malaysia Today. It’s at malaysia dash today dot net.” “You said you started this website three weeks ago? Does this mean you anticipated that Anwar would be released?” “Yes, I did. In fact, that was one of the first articles I wrote on Malaysia Today. I said that Anwar would be released with a two-one verdict and that the lady judge would be the sole dissenting voice.” “How did you know? Do you own a crystal ball?” “It’s my business to know. That is what I do. I find out what people don’t know or try to hide and publish the story, while crossing my fingers in the hope that I am right.” “So what do you hope to achieve with your new website?” “Let me put it this way. It took us six years to free Anwar from jail. But only Anwar is free. Malaysians are not yet free. And Malaysians will never be free until they can be allowed freedom of expression and freedom of choice. It may take us 60 more years to free Malaysians, I don’t know. I may even never see that happen in my lifetime. But that is the mission and vision of Malaysia Today, to free Malaysians by allowing them freedom of expression. Freeing Anwar was phase one. Phase two is to free Malaysians.” “Thank you Raja Petra. And I wish you luck in your new endeavour. Can we call you again if we need anything further?” “Sure, no problem. Bye.” That was my ‘interview’ with the BBC on the steps of the Palace of Justice on the morning of 2 September 2004. Malaysia Today was then only 20 days old. But Malaysia Today was created with a vision and a mission. It is not, as the government said, a hobby of bored and unemployed housewives. Malaysia Today was created to gain back the territory that we lost in the March 2004 general election when Barisan Nasional performed its best ever in the history of Malaysian elections. “What do you think we are going to see?” Marina asked me. “This is going to involved a hell of a lot of work. And you are going to suffer all sorts of hassle from the police. Is it going to be worth it?” “Hun (we call each other Hun, which is short for honey, not hantu),” I told Marina. “Come the next election, in 2008 or 2009, Malaysia Today is going to be the weapon we use to hit Barisan Nasional where it hurts most. We are going to engage Barisan Nasional in the cyber-world and use hit and run guerrilla tactics. They will be running around in circles trying to duck our hit and run attacks but they will not be able to do anything about it. By then the Internet will be the most powerful ‘terrorist’ weapon in the elections. And we will be there, ready to take on Barisan Nasional in 2008 or 2009.” Yes, in 1998, when we first started using the Internet to fight Barisan Nasional, there were only 280,000 Internet subscribers against 8 million registered voters. Today, ten years on, there are almost 16 million Internet subscribers against 12 million registered voters. Over the last ten years, the number of registered voters increased only 50%. However, in that same period, the number of Internet subscribers increased 328.9% (according to the official statistics). Today, the Internet reaches 62.8% of the Malaysian population. Malaysia has more Internet subscribers than it has voters. (See the statistics below). Yes, that was our plan back in 2004 when we launched Malaysia Today. No, Malaysia Today is not a newspaper. And it is not in the same league as Malaysiakini and The Malaysian Insider. Malaysia Today is a guerrilla outfit. We are cyber terrorists. Our job is to hit the government whenever and wherever we can. And if hit and run is what it takes, then hit and run is what it will have to be. We almost succeeded in meeting our aspirations in March 2008. But, in our books, that is a job only half done. We have to finish the job. We have to complete what we started back in 1998. And the completion would be when Barisan Nasional has been brought down from its high horse and made to eat humble pie. We will consider to have met our objective when the government admits that it serves the people, and not the people who serve the government. On a slight digression, when I was in Kamunting from September to November last year, Marina sent me loads of books to read and one of those books was The Art of War by Sun Tzu. It was a most interesting book and took me only a day to finish. I must say that book gave me new insight into guerrilla warfare. The government calls the Barisan Rakyat Bloggers cyber terrorists. Actually, I had never thought of it that way. I suppose, under the circumstances, since we have been classified as cyber terrorists, then we have no choice but to act as one. And terrorists must master the art of hit and run. *********************************************************** Internet World Statistics Total world: 1,581,571,589 Asia Only: 650,361,843 Malaysia: 15,868,000 (62.8 % of the population) (user growth 2000-2008: 328.9 %) Source: Internet World Stats (http://www.internetworldstats.com/stats.htm ) ************************************************************** The Art of War: Sūn Zǐ Bīng Fǎ Chapter summary 1. Laying Plans explores the five key elements that define a successful outcome (the way, seasons, terrain, leadership, and management). By thinking, assessing and comparing these points you can calculate a victory, deviation from them will ensure failure. Remember that war is a very grave matter of state. 2. Waging War explains how to understand the economy of war and how success requires making the winning play, which in turn, requires limiting the cost of competition and conflict. 3. Attack by Stratagem defines the source of strength as unity, not size, and the five ingredients that you need to succeed in any war. 4. Tactical Dispositions explains the importance of defending existing positions until you can advance them and how you must recognise opportunities, not try to create them. 5. Energy explains the use of creativity and timing in building your momentum. 6. Weak Points & Strong explains how your opportunities come from the openings in the environment caused by the relative weakness of your enemy in a given area. 7. Manoeuvring explains the dangers of direct conflict and how to win those confrontations when they are forced upon you. 8. Variation in Tactics focuses on the need for flexibility in your responses. It explains how to respond to shifting circumstances successfully. 9. The Army on the March describes the different situations in which you find yourselves as you move into new enemy territories and how to respond to them. Much of it focuses on evaluating the intentions of others. 10. Terrain looks at the three general areas of resistance (distance, dangers, and barriers) and the six types of ground positions that arise from them. Each of these six field positions offers certain advantages and disadvantages. 11. The Nine Situations describe nine common situations (or stages) in a campaign, from scattering to deadly, and the specific focus you need to successfully navigate each of them. 12. The Attack by Fire explains the use of weapons generally and the use of the environment as a weapon specifically. It examines the five targets for attack, the five types of environmental attack, and the appropriate responses to such attack. 13. The Use of Spies focuses on the importance of developing good information sources, specifically the five types of sources and how to manage them. Sun Tzu

My 500th day under ISA - Uthayakumar - Hindraf

Today April 26, 2009, marks my 500th day under Umno’s captivity without being charged, tried or found guilty in a court of law. I suppose this is ‘justice’ for me, an Indian ethnic minority and human rights lawyer of 18 years.

MCPX

Prime Minister Najib Abdul Razak’s continued unilateral decree is that I be made to serve a jail sentence of two years and indefinitely thereafter under his regime. There are prisoners here at Kemta Kamunting, Taiping, serving their eighth year of their ISA sentences.

But I have no regrets. I know in my heart that every day of my imprisonment will liberate and open up a thousand new minds against Umno’s atrocities and injustices in their marginalisation, discrimination, suppression, oppression and the exclusion of Indians from the mainstream of national development in Malaysia.

Today, I have grown 500 days older. Today, I have lost 500 days of my precious freedom. Today, it is 500 days since I shaved my beard or combed my hair to protest my ISA detention. Today, it is 500 days since I have been made to wear the very same two pairs of dark blue baggy pants and white restaurant waiter-like prison uniform.

My left foot

On Jan 31, 2009, I had accidently injured the last toe of my left foot, which had gotten worse because of my long standing diabetic condition. From day one of my injury, I had repeatedly asked to be treated at the Gleneagles private hospital as I no longer have confidence in the independence of government-service doctors, which I believe had been compromised by the Home Ministry and its Special Branch police officers.

Under protest, I agreed to be treated at a government hospital on Feb 3, 2009. As I had anticipated, the doctor refused to admit me despite my swollen leg and blackening left foot condition. The doctor told me there were no hospital beds and neither did she want to refer me to an orthopedic surgeon or a consultant physician, as well as a cardiologist to treat my silent heart attack during my ISA detention.

No cast was put on my leg. No medication was prescribed. This doctor told me that my leg would heal on its own. My suspicion was confirmed when the doctor, who had written my medical notes in a police file, gave it back to the police officers accompanying me.

By the second week, my leg got even worse and despite repeated pleas, the prison authorities refused to take me even to a government hospital, which I agreed to go under protest. I had lodged four police reports but again zero action was taken. Even my statement was not recorded.

The worst case scenario ran across my mind. I may lose my left foot. For the first time, I realised that as a lawyer, I could not even save myself. There was nothing I could do, I was a prisoner.

But even then, I had thought to myself that should the worst happen, I would put on a prosthesis (artificial leg) and keep walking. I feel that at the end of the day, it was the prayers held at scores of Hindu temples nationwide by supporters of Makkal Sakthi that had actually saved my leg and ensure my well-being in prison.

Surviving on bread and biscuits

On March 22, 2009, I found pieces of beef in the chicken sambal served to me. Mohamad, a Pakistani national, and Abdul Sarjon, a Sri Lankan national, and fellow detainees who worked at the prison kitchen confirmed that chicken and beef were cooked in the same pot after which the chicken was scooped out and served.

I immediately lodged a police report. But again nothing happened as usual. But had it been the other way round - the victimisation a Malay Muslim - a different set of rules would be applied by Umno.

But I suppose this is all part and parcel of PM Najib’s One Malaysia policy. One Malaysia, two systems. Since that day, I have refused to consume cooked food from the prison kitchen in protest against the violation of my religious rights in contravention of Article 11 of the Federal Constitution. As a Hindu, I do not consume beef. I am now surviving basically on bread and biscuits.

Throughout these 500 days, there was never a single day that I ever regretted starting and spearheading this struggle. I believed in justice, including for the minority ethnic Indians, in Malaysia.

In these 500 days, I have refused to meet any of the Special Branch officers who came to meet detainees once in every two to three months to “plead for my release”. I have done no wrong and I am not prepared to beg for my freedom. I had earlier also refused to meet Umno’s home minister, knowing fully well that my release from prison is in his hands, for the very same reason.

My biggest satisfaction and what keeps me going in prison is the true and sincere spirit of the struggle through Hindraf’s Makkal Sakthi.

It moved me to see thousands of Hindraf supporters who had braved FRU’s tear gas and water cannons, who were roughed up and beaten by the police, arrested, handcuffed, thrown into jail, prosecuted in court and bravely standing up in the dock to face possible jail sentences, losing their jobs, and with their wife and children suffering.

All these sacrifices, just for a public cause to put to an end to Umno’s racism, religious extremism and exclusion of the Indians from the mainstream of national development. To all of you, I salute you and I am proud of you. Makkal Sakthi Valga.

I miss my freedom

I am suffering from this imprisonment daily. I miss my freedom. I miss my family, my wife and children.

But I am prepared for the worst, even if it means another 500 days or more of imprisonment. I will do this just for the cause of Hindraf. Umno can imprison me but they cannot imprison the forces of Hindraf’s Makkal Sakthi.

Makkal Sakthi was the tipping point in the March 8, 2008 general elections. It was the triggering factor which resulted in Umno/BN losing two-thirds majority in Parliament as well as political power in four west-coast states.

Makkal Sakthi once again showed its prowess at the Bukit Selambau and Bukit Gantang by-elections. I never, even in my wildest dream, thought I would see Makkal Sakthi forces to this extent in my lifetime.

I am no Mahatma Gandhi or Nelson Mandela, but Umno has to understand and accept that it was the genuine grievances of the people - the pent-up pain and suffering, misery and heartache - that brought about the unprecedented 100,000-strong Hindraf rally on Nov 25, 2007.

Please be patient. Umno will not change, but we will change Umno in the 2012/2013 general elections. We will put an end to Umno’s bully tactics and its rule by fear. We have waited 52 long years.

Please be patient. In another three or four years, there would hopefully be a new beginning, a new political structure and a Malaysia with equality and equal opportunities, including for the Indians. A Malaysia where the Indians would be a part of the mainstream in national development.

Every day and every moment of my imprisonment, my thoughts and prayers are with Makkal Sakthi. I have plans for our further struggle. Please pray for my freedom, and for Umno’s end of its rule so that justice will finally prevail.

Umno may have punished me with this 500 days of imprisonment but you, the Makkal Sakthi, will in turn punished Umno/BN where it hurts them most - the ballot box.

God bless.

P Uthayakumar
Kamunting Detention Camp, Perak