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Friday, November 9, 2012

Former Malaysian leaders were clear on Secularity of the Constitution but their successors today seem unclear!

Former leaders were clear about the secularity of the Constitution. Today, however, not all their successors in the political and judicial worlds seem to agree.

CONTROVERSY over our country’s position as a secular or Islamic state has flared again, motivated by politics, of course.

Headlined in this newspaper in 1983 were statements by Tunku Abdul Rahman (former Secretary-General of the OIC) and former Prime Minister Tun Hussein Onn that Malaysia was and should continue to be a secular state.

Former Lords, President Tun Suffian Hashim and Tun Salleh Abas, were also clear about the secularity of the Constitution.

Today, however, not all their successors in the political and judicial worlds seem to agree.

The recent provocations have triggered recent forums on Muslim history and political philosophy, asking the fundamental question of whether Islamic text and tradition mandate a particular form of government, or merely describe the qualities and virtues that a Muslim society should have.

Even amongst proponents of the latter, there are arguments as to what extent the state should use its power to coerce citizens to mandate or promote Islamic values.

Indeed, Muslim political philosophy is just as lively as Western political philosophy, with lineages of thinkers promoting order and obedience on one side and individual liberty and responsibility on the other.

The historical record, too, shows huge diversity in Muslim governance structures, and still today there are Muslims who justify communism, dictatorship, republican democracy and constitutional monarchy – though in country comparative indices, Muslim monarchies usually fare better than republics, a distinction the Arab Spring seems to reinforce.

Some have pointed out that in drafting our Federal Constitution, our monarchs initially opposed including a declaration that Islam should be the religion of the federation.

Alas, the reason for this has not been properly explained. It has been claimed that it shows that the Malay Rulers were themselves “secular” (which some then incorrectly define as “hostile to religion”).

No, they merely accepted the co-existence of secular institutions alongside religious ones – nothing new, as the Ottomans amply showed.

More crucially, the Rulers and their predecessors had, in law and reality, been Heads of Islam in their own states for centuries.

The Federal Constitution would not, it was thought, affect that, and thus Justice Abdul Hamid’s recommendation to insert Islam as the religion of the federation for ceremonial purposes prevailed.

This idea that religion was a state matter was re-emphasised when Malaysia was created: the first of the 18 and 20 points that Sarawak and Sabah agreed as a condition of merger was that they would have no state religion.

Alas, the Rulers and founding fathers could not foresee how politics would alter the nature of religion in our country, nor predict how check and balance institutions would be weakened in favour of centralising ever more powers in the federal executive.

The administration of Islam was no exception, becoming concentrated in institutions at the federal level controlled by politicians and bureaucrats.

This is the main reason why Islam in Malaysia has become so prone to politicisation.

You can still experience the beauty of non-political Malaysian Islam: the meticulously maintained mosques and cemeteries, the tastes and smells of Raya, the blessings invoked at wedding kenduri, and the harmonies of accompanying nasyid.

The heirs of Al-Idrus, Al-Attas, Al-Habshi, Al-Qadri, Alsagoff and others continue to produce champions of Islamic leadership, philosophy, philanthropy and entrepreneurship.

Despite the noises of those who want to ban concerts on one side and those who support theatre on the other (I recommend Nadirah at KLPac), there is also space for the Maulids of the legendary Haqqani Maulid Ensemble and less famous ones like last week’s session at Istana Hinggap Seremban organised by Persatuan Asyraaf Negri Sembilan.

For centuries, Muslims here have known that Islam can flourish without politics.

The Rulers for their part have continued pushing for progress in this vein: in Perak one of the most exciting recent appointments to the royal court was of Oxford Fel­low in Islamic Studies Datuk Dr Muhammad Afifi Al-Akiti; in Negri Sembilan the palace has hosted efforts leading towards Egypt’s Al-Azhar University establishing a local faculty; and in Perlis the Raja recently hosted Prof Tariq Ramadan’s dialogue with 2,000 religious officials, and last week the Raja Muda graced an unprecedented interfaith forum in the state.

This is the kind of Muslim leadership the country is crying out for, rather than the ostentatious politicisation of religion which has only caused consternation and division.

In the meantime, there is not going to be a political resolution on the Islamic state issue at the federal level anytime soon, and thus it seems sensible to instead re-affirm the intentions of the Rulers and the founding fathers.

Only in this way can we rejoin the dynamic, intellectual, spiritual and moderate narrative of Islam that we were long a part of.

ROAMING BEYOND THE FENCE  By TUNKU 'ABIDIN MUHRIZ
newsdesk@thestar.com.my
 > Tunku ’Abidin Muhriz is President of IDEAS

Related posts:

Malaysia is a Secular state or an Islamic country? Oct 31, 2012

Malaysia a transit point for terrorists or a terrorist recruitment centre? Oct 31, 2012

Thursday, November 8, 2012

World's Simplest Management Secret

Forget what you learned in those management books. There's really only one way to ensure that everyone on your team excels.

Management books have it all wrong. They all try to tell you how to manage "people."

It's impossible to manage "people"; it's only possible to manage individuals. And because individuals differ from one another, what works with one individual may not work with somebody else.

Some individuals thrive on public praise; others feel uncomfortable when singled out.

Some individuals are all about the money; others thrive on challenging assignments.

Some individuals need mentoring; others find advice to be grating.

The trick is to manage individuals the way that THEY want to be managed, rather than the way that YOU'd prefer to be managed.

The only way to do this is to ASK.

In your first (or next) meeting with each direct report ask:
  • How do you prefer to be managed?
  • What can I do to help you excel?
  • What types of management annoy you?
Listen (really listen) to the response and then, as far as you are able, adapt your coaching, motivation, compensation, and so forth to match that individual's needs.

BTW, a savvy employee won't wait for you to ask; he or she will tell you outright what works. When this happens, you're crazy not to take that employee's advice!

Unfortunately, most individuals aren't that bold, which is why it's up to you to find out how to get the best out of them.

And you'll never get that out of a management book.

There is no one-size-fits-all in a world where everyone is unique.


Is property building management a professional?

Have separate board 

WE refer to the letter “Leave it to professionals”, (see article below) on the issue of strata management.

Building management is not a profession: it is a multi-disciplinary management function encompassing a wide range of skills such as engineering, architecture, accounting, law, vocational skills, etc.

It cannot and should not be the exclusive domain of any particular profession like registered valuers.

No country has laws that specify that only registered valuers admitted as property managers pursuant to Section 21(1)(a) of the Valuers, Appraisers and Estate Agents Act, 1981 (VAEA Act) can undertake property management.

To put things in perspective, the Building Management Association of Malaysia (BMAM) is not objecting to registered valuers managing stratified properties.

What we are strongly opposed to is the creation of a monopoly favouring registered valuers if the Bill is signed into law in its present form.

The Board of Valuers, Appraisers and Estate Agents is offering to open a sub-register for non-valuer managing agents to be admitted as property managers.

We are not accepting the board’s proposal as it would only further entrench its monopoly over property management, given that the admission, suspension and even eventual deregistration of non-valuer property managers will be at the sole discretion of the board.

We are calling for the establishment of a separate multi-disciplinary Board of Building Managers under the jurisdiction of the Housing and Local Government Ministry with regulatory support from the Commissioner of Buildings (COB).

There are more than 4,000 stratified projects (80% of them residential) in Malaysia at the moment, and about five million Malaysians belonging to the low and middle income groups live in them.

Since the common properties and facilities in the flat and apartment premises cannot be sold or subdivided and are meant for the exclusive use of the residents, all that the owners need is a building manager to maintain the common areas and facilities, and not a property manager whose portfolio includes leasing, collection of rent, promotion of sales, etc.

A building manager appointed by the joint management body (JMB) or management corporation (MC) upon mutually agreed terms and conditions of scope of work and remuneration would be significantly cheaper than a property manager whose fees are subject to a schedule under the VAEA Act.

The building manager is only expected to carry out his duties and responsibilities according to the terms and conditions of his appointment as well as the instructions of the JMB or MC Management Committee.

All fiduciary responsibilities, particularly the management of the Building Fund Account, are undertaken by the JMB or MC pursuant to the Building and Common Property (Maintenance and Management) Act, 2007 and the Strata Titles Act, 1985.

These records are submitted to the COB every year after the annual general meeting.

PROF S. VENKATESWARAN
Secretary General
Building Management Association of Malaysia

Leave it to professionals

THE public deserves an unbiased understanding beyond the shadow play leading up to the third reading of the Strata Management Bill 2012 in parliament.

The proposed Act stipulates that a managing agent for stratified property must first be free from any potential conflict of interest (i.e. independent) and secondly, a registered property manager.

The Act replaces the Building and Common Property Act, which did not emphasise that such functions are to be performed by a registered property manager.

The key problem is that property management at present is also practised by an unregulated group and such parties are not accountable to a regulatory body unlike registered persons i.e. property professionals or chartered surveyors.

The new Act aims to rectify this disparity by uniformly regulating all property managers of stratified properties.

Under the Valuers, Appraisers and Estate Agents Act (VAEA), a Registered Property Manager must possess:

1) An academic qualification from an approved institution of higher learning or recognised professional examinations; and

2) Pass the Test of Professional Competence set by the regulating body.

These robust standards and established processes are aimed towards registering professionals of sound qualifications and adequate competency levels.

A registered property manager is continuously subjected to a code of conduct, professional standards and various stipulations under VAEA to ensure they discharge their duties in a manner that serves the public adequately and to the highest possible industry standards.

The registration of property managers and firms is undertaken by the Board of Valuers, Appraisers and Estate Agents Malaysia (board).

The board, a governmental regulatory body under the purview of the Finance Ministry, was set up in 1981 to regulate Estate Agents, Valuers, Appraisers and Property Managers in Malaysia.

It is legislatively empowered to deal with complaints from the public and take disciplinary action against any errant registered persons or firms, including stripping them of their licence and barring them from further practice, amongst other possible disciplinary measures.

Given the established competency requirements and standards imposed on registered property managers, I cannot see beyond reasonable logic for such professionals to utterly fail in their professional duties to a joint management corporation, management corporation or individual owner.

The board, in the spirit of laissez-faire, has opened the registration of property managers to include these non-regulated practitioners.

Property management was always the domain of property professionals but only in recent history, primarily property developers and others have set up property management businesses to rival property professionals for the property management trade but in an unregulated fashion, taking advantage of the limitations of statutes. This is where the battle lies and the public should take notice.

If a non-regulated practitioner wishes to practise as a property manager in efforts to legally comply with the greater standards as demanded by the new Act, I cannot see why they should shy away and not readily subject themselves through the established process and competency test in order to become a registered property manager.

The process is not designed to penalise individuals but to assess if a candidate has the required level of competency, in order to be accountable to the public as a practising professional.

The merit of regulating the property management profession far outweighs any self-serving agenda, and the public must insist for high standards in lieu of the nation’s Vision 2020 agenda.

To the lawmakers and members of Parliament, my plea is to make the right decisions in cognisance of standards, accountability and professionalism.

The last thing we want is a mushrooming of “urban slums” in our beautiful country.

A. PADMAN  Kuala Lumpur - The Star, Nov 5 2012

Related posts:
Managing strata properties in Malaysia
Poor services from JMBs, Unlicensed Property Managers and Lucrative Trade!