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Sunday, May 13, 2012

Practise 'Addin', a Malaysian way of life? PAS Vows Hudud for Malaysia!

The PAS leader's statement that Islam's status in the Federal Constitution would be changed from official religion' to Addin' if Pakatan Rakyat captures power is the latest example of the party pushing its Islamic agenda without consulting its coalition partners.

PAS president Datuk Seri Abdul Hadi Awang needs a quick lesson in history and the best person to give him that is his colleague and fellow traveller in Pakatan Rakyat DAP national chairman Karpal Singh.

Abdul Hadi had told a press conference in Terengganu last week that the status of Islam in the Federal Constitution would be changed from “official religion” to a “way of life” if Pakatan Rakyat captures power in the next general election.

The unilateral statement was also justified by an attack on the Reid commission, which drafted our constitution in 1956, with Abdul Hadi claiming that there were no Muslim members among its five members, headed by Lord William Reid.

As Karpal Singh has rightly pointed, Hadi was wrong on both scores.

Political analysts and political parties, including the MCA, followed suit in severely criticising Hadi for wanting to unilaterally amend the constitution.

The matter was certainly not brought before the Pakatan Rakyat leaders' council for discussions.

Pakatan leader Datuk Seri Anwar Ibrahim, who advocates a pluralistic approach to religion, was noticeably missing in the controversy because Hadi and PAS, while colleagues in Pakatan Rakyat, have an entirely different approach in that they believe Islam is the only true way to God.

On his part, Hadi has always been pushing for more recognition for Islam and its primacy as the only path to God.

“In the world today, people know of two ways to describe the faith: one is what is adopted by the West by calling it a religion, which denotes the spiritual relationship between human and God, without mentioning it as a way of life,” Hadi was quoted as saying after launching the Terengganu PAS Youth annual meeting in Kampung Kubang Lembek, Manir.

“The second option is by calling it Addin the way of life which is more apt as it includes everything, from the spiritual to all other aspects of life.

“It is not right to say Islam is a religion. The right way is to describe it as Addin, a way of life,” Hadi said.

His interpretation of Islam clashes with the country's multi-ethnic society populated by different races practising different religions.

If an amendment is done it can seriously affect non-Muslims and their way of life which is radically different from that of Muslims.

Although all religions have similarities in moral values and concepts of human justice, their methods and practices differ greatly.

When religion is imposed as a way of life on the majority, the amendment will impact on the rest who practise different faiths and cultures.

It will create many “dos and don'ts” issues like the banning of alcohol, rules on entertainment, dressing and also the intermingling of sexes.

Such amendments will be a recipe for disaster as it can result in the various races drifting further apart and living separate lives instead of coming together into a harmonious, multi-ethnic melting pot.

Hadi also argued that the current definition of Islam as “the official religion of the Federation” did not do justice to Islam and suggested that legislation in this country be interpreted according to the tenets of Islam.

While PAS is under pressure from its Islamic clientele to speak up for Islam, it is also under pressure from its non-Muslim supporters club to desist and behave like PKR or DAP, in wanting to be better than Barisan Nasional at ruling.

Unlike them, PAS is a party that has dreams of creating an Islamic theocracy, something that is unsuitable in this multi-racial society.

This is one reason why PAS is obstinate and unyielding on implementing hudud law and speaking up on many other social issues and the current one to amend the constitution.

PAS' increasingly “superior behaviour”, however, is a by-product of unquestioning support from the DAP.

It shows that neither the DAP nor even the PKR can control PAS any longer and its acquiesce to its demands, like the statement from Hadi that PAS will implement hudud law if elected to Putrajaya.

PAS has a tendency to declare its Islamic agenda without due consultation with its coalition partners and in doing so, it is impinging on non-Muslims' right to freely practise their religion and rights that are guaranteed under the very constitution the party wants to change.

Originally, PAS championed an Islamic theocracy but later following pressure from PKR and especially DAP, it changed to championing a welfare state.

Now the party has come up with its “Addin” or Islam as the way of life proposal, with hudud law included.

The motive is to win the conservative Islamic vote but at the same time, try to satisfy non-Muslim voters.

Comment by BARADAN KUPPUSAMY

Islamic Party Vows Hudud for Malaysia

OnIslam & Newspapers
Malaysia, Muslims, hudud
"If we have enough majority (of seats), if Pas is stronger than our allies, we will implement hudud," Harun said. >>

CAIRO - Seeking to lure more voters in next year’s election, Malaysia's main Islamic party has pledged to amend the constitution to allow the application of hudud in the Asian Muslim-majority country.

"We will implement hudud and amend the Constitution even if (it is) not with the current partners we have in Pakatan...may be there will be other pacts (Pakatan) that will lend us their support,” Harun Taib, chief of PAS Ulema Council, was quoted as saying by the New Straight Times on Saturday, May 12."If we have enough majority (of seats), if PAS is stronger than our allies, we will implement (hudud and the amendment to the Constitution)."

Hudud (Penalties) in Contemporary Legal Discourse
The issue was first raised when the Islamic party’s president Abdul Hadi Awang said that PAS had never backtracked on their intention to put hudud (Islamic penalties) to law and that it will seek to implement it if it takes federal power.

But the staetments drew fire from Karpal Singh, the national chairman of the secular Democratic Action Party (DAP).

Harun reiterated the party support for Hadi on the issue of hudud, saying that the party views Karpal’s criticism as a “personal opinion as a lawyer.”"I think whether it is against the Constitution or not is just his (Karpal's) personal opinion and comment as a lawyer,” Harun said.

"As a PAS member, I am fully behind Hadi."

With an estimated 800,000 members, PAS is the main rival of Prime Minister Najib Razak's United Malays National Organization.

A few years ago, PAS has enacted the hudud laws in Kelantan, to be imposed only on Muslims who represent about 90 per cent of the state's 1.5 million population.

The laws introduced Shari`ah punishments for theft, robbery, adultery, liquor consumption and apostasy.

Adamant

The leader of PAS Ulema council confirmed that hudud can only be implemented through a parliamentary majority."If we have enough majority (of seats), if Pas is stronger than our allies, we will implement (hudud and the amendment to the Constitution)," Harun said.

He added that hudud remains PAS’s intention despite the criticism it received from both its allies in Pakatan and rivals Barisan Nasional.

The Islamic party had already enacted the law in Kelantan and Terengganu but faced constitutional restraint in its implementation.

"We are a party that is championing Islam,” Harun said.

“Of course we will implement what is required by Islam. Pas will always be behind Hadi and the party's struggle to uphold Islam in the government and administration of the country."

Malaysia’s parliamentary elections are due in 2013, but expectations are high that the polls could be called much earlier.

Muslim Malays form about 60 percent of Malaysia's 26-million population, while Christians make up around 9.1 percent.

Buddhists constitute 19.2 percent, Hindu 6.3 while other traditional Chinese religions make up the rest of the population.

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Saturday, May 12, 2012

Former US President Bush 'guilty of war crimes & torture'

Bush found guilty of war crimes - But powerless tribunal cannot enforce sentence

KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.


KL War Crimes Tribunal pushes for Bush guilty... by presstv

However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.

“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Crimi­na­lise War yesterday.

He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.

The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.

On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.

Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.

By QISHIN TARIQ
qishin.tariq@thestar.com.my

Bush 'guilty of crimes of torture'

KUALA LUMPUR: Former United States president George W. Bush and his associates were found guilty of crimes of torture by the Kuala Lumpur War Crimes Tribunal yesterday.

The tribunal unanimously ruled that the prosecution had proved its case beyond reasonable doubt.

It said all eight accused had engaged in a web of instructions, memos, directives, legal advice and actions which led to the establishment of a common plan and purpose, joint enterprise and conspiracy to commit crimes of torture and war crimes, in relation to the "War on Terror".

The War on Terror was launched by the US and others in Afghanistan and Iraq.

The eight accused are Bush; former US vice-president Richard Cheney; former US defence secretary Donald Rumsfeld; former counsel to Bush, Alberto Gonzales; former general counsel to the vice-president, David Addington; former general counsel to the defence secretary, William Haynes II; former assistant attorney-general Jay Bybee and former deputy assistant attorney-general John Yoo.

Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter.

"The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture."

The tribunal agreed that Bush, Cheney and Rumsfeld knew the US was violating the 1984 Torture Convention and the Geneva Conventions but failed to intervene to prevent the violations.

"Evidence clearly shows the legal opinions and advice given by the lawyers Gonzales, Addington, Haynes, Bybee and Yoo to Bush, Cheney and Rumsfeld were legally flawed and the lawyers knew full well their advice was sought to be acted upon and thus are also liable."

The legal opinions, contained in memorandums, were that the Geneva Conventions did not apply (to suspected al-Qaeda and Taliban detainees); there was no torture occurring within the meaning of the Torture Convention; and that enhanced interrogation techniques, consisting of cruel, inhumane and degrading treatment, were permissable.

The tribunal ordered that reparations be given to the war crime victims corresponding with the irreparable harm and injury, pain and suffering they had undergone even though the tribunal was merely a tribunal of conscience with no real power of enforcement.

The findings of the tribunal will be submitted to the International Criminal Court, United Nations and the Security Council and the names of the accused will be entered into the War Crimes Commision's Register of War Criminals.

Former prime minister Tun Dr Mahathir Mohamad, in an immediate response, said the verdict and findings would be publicised globally and sent to heads of government of all nations.

He also hoped the public would not invite these war criminals to their countries.

"The International Criminal Court seems to be subservient to the big powers and does not seem to have the capacity or the willingness to charge the leaders of big powers who are responsible for torture, invasion of an independent country, destruction in war and for the killings of so many people," said Dr Mahathir, who is the Perdana Leadership Foundation honorary president.

He said one step which could be undertaken, especially in democratic nations, was for people to insist that all election candidates should declare that they would never go to war on others.

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Friday, May 11, 2012

China warns Philippines over Huangyan Island as tension rise

Air Force Flag of the People's Republic of China
Air Force Flag of the People's Republic of China (Photo credit: Wikipedia)
 China will not allow anyone to take away sovereignty

BEIJING, May 10 (Xinhua) -- The PLA Daily, the official newspaper of the People's Liberation Army (PLA) of China, on Thursday warned the Philippines about the Huangyan Island incident, saying the country's armed forces will not allow anyone to take the sovereignty of the island away from China.

"We want to say that anyone's attempt to take away China's sovereignty over Huangyan Island will not be allowed by the Chinese government, people and armed forces," the newspaper said in a signed article titled "Don't Attempt to Take Away Half an Inch of China's Territory."

Instead, it is wise to give up such attempts and abide by international rules to gain the forgiveness of the Chinese people and the pardon of the international community.

China has exercised restraint on the Huangyan Island incident. "If one mistakes China's kindness for weakness and regards China as a 'paper dragon' as instigated by some onlookers, he is terribly wrong," the article added.

China had suffered too much humiliation as its sovereignty was encroached and territory carved up when the country was poor and weak.

China now pursues an independent foreign policy of peace.

It will not bully the weak by being strong, nor blindly tolerate unreasonable tricks played by others, especially on matters concerning territorial integrity, national dignity and social stability.

It is obvious that the Philippine side has not realized that it is making serious mistakes, although one month has passed since the beginning of the incident, said the article.

Instead, the Philippine side is stepping up efforts to escalate tensions, has continued to send government vessels to the Huangyan Island lagoon and has repeatedly made erroneous remarks which have misled the Philippine public and the international community and provoked public feelings, thus severely damaging bilateral relations.

The situation is not optimistic, the article said.

China's sovereignty over the island is based on both historical and legal grounds. No matter what tricks the Philippines may play, the fact that Huangyan Island belongs to China will never change, the article said.

Even Philippine maps published in 1981, 1984 and 2006, which indicate that Huangyan Island is outside of the Philippines' territory, show how ridiculous the Philippine side is when it attempts to claim sovereignty over the island.

Moreover, the repeated tricks by the Philippines have failed to gain support from its own people, the international community and even its allies. It is quite likely the Philippine side will drink as it brewed, said the article.


China issues warnings as Philippines tensions rise

 Return to frontpage  by Ananth Krishnan

APA placard with drawing of a Philippine warship is displayed during a protest at the Philippines Consulate in Hong Kong on Friday. The Philippine government used this second hand warship from the American aid, its naval personnel had boarded the Chinese fishing boats, inspected their equipment and catch last month.

China has issued a safety advisory to its citizens in the Philippines and suspended travel to the country a day ahead of a large planned demonstration against China over rising tensions in the South China Sea.

The Chinese embassy in Manila in a notice warned that “massive anti-China demonstrations” were scheduled to take place on Friday, advising Chinese nationals to avoid going out and to “keep a low profile”.

The warning came as vessels from both countries remained locked in a stand-off near the disputed Scarborough Shoal or Huangyan Island in the South China Sea, which both sides claim.

Chinese State-run media outlets on Thursday continued issuing stern warnings to the Philippines, not ruling out the use of force. The Foreign Ministry, however, appeared to strike a more moderate tone and suggested a way out through a diplomatic solution, saying it “approved” of recent remarks by officials in the Philippines “to resume diplomatic contact with the Chinese embassy”.

“China remains committed to solving the situation through diplomatic consultation and negotiation,” spokesperson Hong Lei told reporters on Thursday, calling on the Philippines to “come back to the right track of handling the matter”.

He did also hit out at the Philippines government for “encouraging people both home and abroad to launch demonstrations against China”. “We urge the Philippines side to respect China’s sovereignty on the issue of Huangyan Island and not to take actions that will complicate and amplify the situation,” Mr. Hong said.

Reflecting the rising tensions, Chinese travel agencies said on Thursday they had suspended planned trips to the Philippines following an order from central authorities. Ctrip, a popular travel portal, said it suspended travel because “trips to the Philippines have become potential safety risks”, the official China Daily reported.

The newspaper in an editorial warned that while China did not seek a military conflict, the use of arms was not off the table. “No matter how willing we are to discuss the issue, the current Philippine leadership is intent on pressing us into a corner where there is no other option left but the use of arms,” the editorial said.

“We are faithful to our commitment to being a responsible member of the international community, and we pursue peaceful co-existence. But no international law allows a country's sovereignty to be infringed upon, and a responsible nation does not try to seize territory that does not belong to it.”

The People’s Liberation Army (PLA) daily struck a harder tone, saying that “anyone’s attempt to take away China’s sovereignty over Huangyan Island will not be allowed by the Chinese government, people and armed forces”, in a commentary headlined “Don’t attempt to take away half an inch of China’s territory”.

“If one mistakes China’s kindness for weakness and regards China as a ‘paper dragon’ as instigated by some onlookers, he is terribly wrong,” the newspaper said.

Suggesting the stand-off may yet be resolved peacefully, China on Thursday also appeared to respond positively to a Philippines-based mining company’s proposal for joint drilling with the China National Offshore Oil Corporation. Officials said Beijing was willing to talk with the Philippines government over joint development.

The South China Sea, which is disputed by China and at least ten other countries, is estimated to have as much as one-third of China's oil and gas resources and key sea lanes run through its disputed waters.

China’s first deep-water drilling rig in the South China Sea started operations on Wednesday, with calls from officials to speed up drilling projects. Feng Fei, head of the industry department of the Development Research Centre, the official think-tank of the State Council or Cabinet, said more than thousand oil wells had already been sunk by other countries. “China drilling in the South China Sea is of deep significance, and ensures our energy security by reducing dependence on foreign oil,” he said.

Wu Shicun, head of the National Institute for South China Sea Studies, added that joint development of resources could help address conflicts. “Against a backdrop of some countries not responding positively toward China’s proposal of joint development, it is of supreme importance to finally solving sovereignty disputes,” he said.

“Setting aside disputes and embarking on joint development is the most effective way to solve the issue.’’

Related:

China urges Philippines to stop further harming bilateral relations

BEIJING, May 10 (Xinhuanet) -- The spokesman of China’s Ministry of Foreign Affairs Hong Lei condemned Philippines for inciting its people going on to streets for demonstrations against China. Hong says the incident has triggered severe concerns among Chinese people.
He also says China hopes Philippines to stop further harming the bilateral relations. Hong reiterated China’s stance on the dispute and urged Philippines not to taken any actions that may harm the relations between the two countries.  Full story



BEIJING, May 9 (Xinhua) -- For nearly a month, Manila has not only turned a deaf ear to Beijing's position on resolving the dispute over China's Huangyan Island through diplomacy, but made repeated provocative moves to heighten the tension, severely infringing China's sovereignty in the process.

It is widely accepted Huangyan Island has been an integral part of China since ancient times, both on a historical and a legal basis. The surrounding waters are China's traditional fishing grounds and Chinese fishmen have fished there for generations.  Full story


BEIJING, May 8 (Xinhua) -- China's Vice Foreign Minister Fu Ying said China is not optimistic about the situation concerning Huangyan Island, and the country is fully prepared to respond to anything the Philippine side does to escalate the situation.

Fu made the remarks when meeting with Alex Chua, Charge D'affaires of the Philippine Embassy in China, on Monday, China's Foreign Ministry said Tuesday in a press release.  Full story

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China urges discussion over Huangyan Island

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