Why Najib keeps delaying his trials


March 21, 2019

Why Najib keeps delaying his trials

www. malaysiakini.com
Opinion  |  James Chai

Published:  |  Modified:

 

COMMENT | It’s obvious what Najib (above) is trying to accomplish: do whatever it takes to avoid prison.

Delaying tactics is one of the ways to do that. No matter what we say about them, Shafee Abdullah and his legal team are experienced lawyers who have the law and procedure in the palms of their hands. They know enough of the flaws within the legal system and its weakness in dispensing justice.

Thus far, the four appeals relating to the withdrawal of the prosecution’s certificate of transfer; gag order to prohibit media from discussing the merits of the case; recovery of documents; and the appointment of Sulaiman Abdullah as lead prosecutor all could amount to delaying tactics.

Although these appeals are permitted by the law, they sit uncomfortably in the grey area of whether they are truly important and necessary to protect the accused’s right or they are simply delaying tactics.

My opinion is these are delaying tactics because delaying the trial is profitable for Najib.

In fact, delaying is the only viable option.

Delay trial, delay prison

Firstly, the straightforward conclusion is that delaying trial would delay the eventual conviction. Delaying a day is allowing another day for Najib to negotiate his political survival with the public.

To this end, Najib has been successful in orchestrating a comedic troll machine online that is targeted at making fun of the government. His social media team is creating content that would incite disapproval of the existing government. However fleeting and half-hearted this support is, at least it provides Najib with a lifeline to his political career.

Delay makes prosecution weaker

Secondly, delaying makes sense in a criminal trial because it almost inevitably makes the defence’s case stronger and the prosecution’s case weaker.

In all criminal trials, the courts will try to expedite the trial because the consequences of a criminal trial (fine and/or prison) are much greater than in a civil (non-criminal) case. If a criminal trial could run as soon as possible, then the evidence is more likely to be intact and the witnesses’ memories are likely to still be fresh.

However, there is a bind. It is also precisely because the consequences of a criminal trial to an accused are significantly more drastic than a civil trial, that the court would be more open to the accused’s request for time and appeal applications. This is especially so in a high-profile case that carries significant punishment like Najib’s, where the court would want to avoid accusations of bias against the accused.

That is why the defence would attempt to make every excuse to either extract more information from the prosecution to build their own case, or to drag out the legal process. None of these methods is illegal or impermissible, but they are irksome and maddening to people.

Escaping prison

Thirdly, the most positive outcome for Najib is that delaying may mean escaping prison altogether—his best-case scenario.

We are approaching the end of March 2019 and the trial is not even close to starting. It is not surprising if Shafee (above) and his legal team successfully delay the trial for a few more weeks, even months, so that the earliest start date ends up around May 2019.

That will be one year since the PH coalition came into power.

What this means is that if Najib could drag it out long enough that the trial only starts then, he has a very good chance of not having a court decision until the end of the PH term as government. This is especially when each criminal trial contains voluminous charges and documents that require in-depth exploration of the evidence and submissions that will inevitably use up a lot of time.

It is likely that Najib’s tradition of using a full 5-year term before calling a general election would not be continued by the PH government. This means the next general election is likely to be around 2022.

If Najib could drag it out long enough for each trial, and the subsequent appeal processes in the Court of Appeal and Federal Court, there may be a chance there is no decision before the 2022 general election.

And if the PH coalition had not performed well and gets punished in the 2022 general election with Najib’s Barisan Nasional coalition returning to power, Najib may escape prison.

Although theoretically, the judiciary is independent of the executive, the constitutional subordination of the judiciary since 1988, and the repeated history of controlling and fixing judicial decisions make a “Najib escape” not unlikely.

Even if Najib does end up in prison before the next general election, he may go in as a martyr if the delaying tactic works. The delay would have bought the opposition enough time to build themselves as a credible alternative, and for the PH government to under-perform enough that Najib’s social media hype might translate into real support. That makes a prison term less painful for Najib.

Of course, this is just my hypothesis. But a hypothesis may come true.


JAMES CHAI works at a law firm. E-mail him at jameschai.mpuk@gmail.com.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

 

 

 

Daim denounces ‘Malays under threat’ as


March 20,2019

Daim denounces ‘Malays under threat’ as nonsensical political rhetoric

https://www.malaysiakini.com

Malaysiakini  |  Published:  |  Modified:

 Malaysia has had a strong and rich history of inter-racial harmony and multi-culturalism since its very inception. But we must admit that it is still very complex with jobs and economic sectors identified with race, income inequality between the races and different educational systems existing.

Image result for Bank Negara Governor Abdul Aziz Taha

Governors of Bank Negara, Aziz Taha, Jaffar Hussein and Zeti Aziz. Professor Ungku Aziz, Zeti’s father, is a renowned economist. Zeti’s grandfather, Syed Mohammed Alsagoff, used to own Pulau Kukup, and had a concession to print his own money. Today, we use money signed by his granddaughter.

Since the last general election, the political narrative in Malaysia has centred around issues concerning race and religion, particularly the position of the Malays and Islam.

Speaking at UTM Skudai in Johor last night, former finance minister Daim Zainuddin addressed this issue and described the claim that Malays are under threat as nothing more than nonsensical political rhetoric.

“Despite being more educated and having a large educated segment, we are still unable to convince ourselves that Malays have nothing to fear in this country.

“Are Malays thinking strategically, critically and logically? It looks increasingly obvious every day that the Malays are thinking with their emotions instead of with their intellect. We must ask ourselves – what is happening to us?” he said.

According to Daim, who headed the Council of Eminent Persons, the Malays have allowed their emotions to run wild and influence their perception of others.

“When Mastika (Malay-language magazine) stopped writing ghost stories, circulation ended and now there is no more Mastika. Now instead of reading about ghosts in Mastika, we are seeing ghosts around every corner.

“Instead of depending on logic and facts, we prefer to buy into the racist rhetoric of politicians with dubious reputations,” he added.

Daim then asked his audience, comprising mainly of academicians, what role they were playing in injecting logic and facts into the Malaysia narrative.

“Do you intend to go along with the emotional flow or do you see it as your academic duty to question the irrational narratives that are being shoved down the Malays’ throats?

“Do you as ‘the educated’ speak honestly and bravely about what is happening or do you simply pretend that this growing racism is justified?

“All of you here are highly educated, but how many of you have bought into the nonsensical political rhetoric that the Malays are being threatened by the non-Malays in this country? That Islam is under threat simply because of one or two people being insensitive enough to post something on the Prophet (Muhammad)?” he added.

Daim said the current narrative, which centres around race and religion, gives the impression the Malays are on the verge of being driven out of their own country.

“There is so much anger and indignation when non-Malays were appointed to high posts in the government as if this is something new.

“Why is there not the same anger when we are confronted with facts of corruption and kleptocracy of the highest order among our Malay leaders? We don’t feel offended when it was prime news all over the world. Instead, we respond with “Malu apa? (Ashamed of what?)”. Kalau “tak malu,” apa jadi kepada iman kita (If we are not ashamed, what has happened to our faith)?

“The Malays can continue down this emotional and irrational path at our own peril or we can stop, think, reflect and call for change.

“Nobody is forcing us to be emotional and irrational. We have chosen to be that way ourselves because we have allowed ourselves to be bought over by politicians whose only goal is to gain or regain power, no matter what the cost – and the cost is almost always ours to bear,” he added.

 

Below is Daim’s speech in full:

To understand our current political climate, it is important to look back at our history. Kusut di hujung, balik ke pangkal (Messy at the end, return to the root of the problem).

The history of the Malays starts from long before the formation of Tanah Melayu. We are descendants of great empires, from Langkasuka, to Srivijaya, to Majapahit, to Melaka. Melaka, of course, is our most popular tale, that of a world-famous port whose global success led to its eventual colonisation.

And when Melaka fell to the Portuguese, those descendants of Sultan Melaka who survived founded a new empire here in Johor. They took control of the southern Malay Peninsula, spreading across Riau, Anambas, Natuna, Tambelan, Borneo, and Sumatra. Their success was attributed to the wisdom of their rulers, and their openness to international trade.

In more recent history, the formation of the Malayan Union and the subsequent opposition led by UMNO were significant events that triggered real change in the political organisation of the Malays. Onn Jaafar, himself from Bukit Gambir and an MB of Johor, founded UMNO in 1946, signalling the height of Malay political supremacy. We were united and we were strong.

But our unity did not last. We didn’t know how to deal with success; the Malays started to split. When we are successful, we are drunk with success. When we fail, we look for scapegoats and go amok.

Our battle with the Malayan Union was, in a way, the first true independence that we achieved – when the British backed down. We became masters of our own land.

But the political landscape changed, and many non-Malays began to consider Malaya home and demanded a say in their new homeland.

In 1951, Onn made the first attempt to unify the races in a single party when he tried to open the membership of UMNO to non-Malays. However, Umno members at the time rejected it, and he left the party.

Nevertheless, the 1952 elections marked the first real political collaboration between Malays and non-Malays when UMNO and MCA joined forces for political victory. They were later joined by MIC to form the Alliance, signalling political unity amongst all Malayans, achieving a sweeping victory in the 1955 elections.

Then came the negotiations for Merdeka, where all Malaysians worked hand-in-hand to shrug off the yoke of colonialism. We learned that we were stronger together – when all Malaysians were united, we could overcome challenges.

All this happened against a backdrop of consistent armed warfare against terrorists during the Emergency, when all races fought shoulder to shoulder to gain victory. We are the only country in the world to defeat terrorists.

Then came the formation of Malaysia and Konfrontasi and throughout Malays were working with non-Malays to achieve national goals.

So, Malaysia has had a strong and rich history of inter-racial harmony and multi-culturalism since its very inception. But we must admit that it is still very complex with jobs and economic sectors identified with race, income inequality between the races and different educational systems existing.

It cannot be denied that Malaysia will prosper when Malays prosper. You cannot have 50 percent of your population in low income, there will be economic instability affecting everyone, regardless of race or economic status.

For Malaysia to succeed, the Malays must succeed. But this can only be achieved within the national context, working together with non-Malays for the benefit of Malaysia.

Why is it that Malays were able to work so closely with non-Malays for so many years leading up to Merdeka and beyond? Even in the face of outside aggression, there were hardly questions of who deserved Malaysia more – the Malays or non-Malays. Indeed, it was only when politicians decided to use race and religion as tools to gain power that we fell by the wayside.

This talk is entitled ‘Naratif Malaysia: Melayu dalam Persoalan National’. My question to you is: should we not just be talking about a National Narrative? Need we break down a national narrative along racial and religious lines?

But if your intention is to find answers to inequality, and to answer why the Malays are behind economically, then I really hope that this seminar will provide the answer.

When we talk about the Malays, we must talk about Islam. The Malays and Islam are indeed deeply entwined. They cannot be discussed separately. But what this has led to is the ignoring of our cultural and regional heritage, which has been abandoned in favour of foreign cultures (Arabisation especially) which feed into the insecurity of the Malays. It seems that everyone who does not speak like us and everything that we do not agree with, is a threat to Malays and Islam.

We must ask ourselves – is this true? Why is this so? Since when have the Malays and Muslims become so insecure about our place in this country?

When the Malays were far less economically advanced and far less educated, we defeated the British by rejecting the Malayan Union. We were brave.

We knew to organise collectively and strategically. We used our brains to defeat a colonial power. We managed to gain independence without bloodshed. We had no problems working with non-Malays and even learning from other races.

As the Malays progressed, it seems so did our sense of insecurity. Why is this so? Could it be that when there were no crutches, we had dignity, and the Malays felt more secure of our place within the country?

We are not lacking in Malay heroes. Johor alone has a rich history of formidable warriors, renowned artists, poets, athletes, scientists, doctors, academicians, and businessmen.

There was Muhamad Salleh bin Perang, who was the Bentara Luar. He was the first to draw up an accurate map of Johor, without the modern technology that present-day surveyors have available. He was the Head of Land Management and State Survey, and he used his map to plan the development of Johor. He was a Malay, but he was fluent in Chinese and was knowledgeable about Chinese culture, which allowed him to work closely with them in developing the economy.

In the realm of politics alone, the list of honours is never ending. Tun Hussein Onn, our “Bapa Perpaduan”UMNO was from Johor. And so was his own “Bapa”, the founder of UMNO, Onn Jaafar. His father before him, Jaafar Muhammad, was the first and longest serving MB of Johor. Deputy Prime Ministers Tun Dr Ismail and Musa Hitam were sons of Johor. Tun Ismail’s family was illustrious on its own, including his father-in-law Seth Said, Deputy MB of Johor, who was part of the delegation for Merdeka, and signed the Merdeka agreement against the Sultan’s orders. Without him, we would not have had Merdeka.

Johor produced the President of the Senate, Rahman Yasin. He was Tun Dr Ismail’s father. Tun Dr Ismail’s brother-in-law Ghazali Seth, was Chief of Defence, and he married Sri Norziah – sister of Hussein Onn, daughter of Onn Jaafar. Tun Dr Ismail went to school in Sekolah Melayu Bukit Zaharah in JB with two other famous figures – his brother, Sulaiman Abdul Rahman, and Ahmad Perang, who became the first Malay chairman of KTM.

Mohamed Noah Omar, the first Speaker of Dewan Rakyat, was also from Johor. His family too was very special – his two daughters married the men who would go on to be our prime ministers. Rahah, the wife of Tun Razak, and Suhaila, the wife of Hussein Onn. Tun Razak studied at Raffles College, with another son of Johor, Taib Andak, after whom Felda Taib Andak in Kulai is named. His brother Rahman Andak, was one of the early campaigners for Johor’s independence, and was State Secretary of Johor in 1984.

Governors of Bank Negara, Aziz Taha, Jaffar Hussein and Zeti Aziz. Professor Ungku Aziz, Zeti’s father, is a renowned economist. Zeti’s grandfather, Syed Mohammed Alsagoff, used to own Pulau Kukup, and had a concession to print his own money. Today, we use money signed by his granddaughter.

Why should we feel insecure with a legacy as illustrious as this?

Again, could it be that after being given all sorts of crutches, the effect has been to make the Malays weak and insecure, and most noticeably, lacking in resilience? What has led to this lack of confidence? It seems that when the Malays were facing real challenges, such as fighting for independence, our resilience was so much stronger.

As ease and comfort and quality of life improved, confidence and resilience abated. These observations call for sincere self-reflection – instead of picking fights with perceived enemies, we should look inwards and try to better ourselves instead of blaming all of our ills on others. We seem to be scared of our own shadows.

Today, there is one Malay graduate for every 20 Malays. Despite being more educated and having a large educated segment, we are still unable to convince ourselves that Malays have nothing to fear in this country. Are Malays thinking strategically, critically and logically? It looks increasingly obvious every day that the Malays are thinking with their emotions instead of with their intellect. We must ask ourselves – what is happening to us?

We have allowed our emotions to run wild and influence the way we see others. We watch ghost movies at the box offices. When Mastika stopped writing ghost stories, circulation ended and now there is no more Mastika. Now instead of reading about ghosts in Mastika, we are seeing ghosts around every corner.

Instead of depending on logic and facts, we prefer to buy into the racist rhetoric of politicians with dubious reputations.

Since I am talking to academicians, I would like to pose this question to you: what role should you be playing in injecting some logic and fact into the Malaysia narrative? Do you intend to go along with the emotional flow or do you see it as your academic duty to question the irrational narratives that are being shoved down the Malays’ throats?

Do you as “the educated” speak honestly and bravely about what is happening or do you simply pretend that this growing racism is justified?

All of you here are highly educated, but how many of you have bought into the nonsensical political rhetoric that the Malays are being threatened by the non- Malays in this country? That Islam is under threat simply because of one or two people being insensitive enough to post something on the Prophet?

The religion cannot be insulted. Only people can be. If our faith is strong, we do not get insulted. In fact, we laugh at such ignorance. And our behaviour should reflect the best of our religion so that we and our religion earn the respect of others.

Our country is multi-cultural and multi-religious. We have managed to live here in peace. We are sensitive to our neighbours and respect one another. This is our way.

It is wrong to insult anybody, more so the Prophet. To make fun of religion is stupid. But we have laws, and we should respect due process. Many have forgotten our Rukun Negara. The most important document is the Constitution.

No Malaysian should make insensitive comments towards other religions and races. But what has happened with the proclamation of Jihad against non- Muslims recently?

If Muslims want to perform Jihad, it should be Jihad to better ourselves not only spiritually, but economically, academically and to contribute to the continued growth of our own country.

We talk about the Malay narrative as if we are on the verge of being driven out of our own country. There is so much anger and indignation when non- Malays were appointed to high posts in the government, as if this is something new.

Why is there not the same anger when we are confronted with facts of corruption and kleptocracy of the highest order among our Malay leaders? We don’t feel offended when it was prime news all over the world. Instead, we respond with “Malu apa?”. Kalau “tak malu”, apa jadi kepada iman kita (If we are not ashamed, what has happened to our faith)?

The Malays can continue down this emotional and irrational path at our own peril or we can stop, think, reflect and call for change. Nobody is forcing us to be emotional and irrational. We have chosen to be that way ourselves because we have allowed ourselves to be bought over by politicians whose only goal is to gain or regain power, no matter what the cost – and the cost is almost always ours to bear.

So, the choice is up to us – nak duduk macam katak di bawah tempurung (want to be like a frog beneath a coconut-shell)? Do we change and become a force to be reckoned within the context of the national agenda, Malaysia Baru, or do we go down the path we are currently treading and proclaim a narrative that is narrow, focused only on ourselves? Or will we pursue a truly National or Malaysia Narrative, in which we participate and play a very active role?

The National Agenda is not a Malay agenda or a non-Malay agenda. It is a Malaysian Agenda that takes into consideration all Malaysians. That fights poverty and inequality without discrimination, respecting the Constitution.

I am glad to note that this seminar is directed at the four sectors of politics, economy, budaya and agama. Let us get all of these right. To get all of these right, our education system must change. Don’t treat education as a political football. The education system must be right.

Our future, Malaysia’s future, will depend on giving our children the right type of education that will allow them to be confident to face the best in the world. Get education right, then politics and economy will be right. Brains minus emotions will determine our future and the future of Malaysia.

Expose our children to the world, then they will want to excel, and they will protect the best of our budaya.

There is nothing wrong with Islam. It is not under threat. It is the fastest growing religion in the world.

I would like to advise you not to follow politicians blindly. As I said earlier, for Malaysia to succeed, the Malays must succeed. I keep repeating, Iqra’ (Aik Krok) – read to acquire knowledge and to think critically. Choose the right path that will lead to success.

Time is very important and we are excellent at wasting time. We will lose to time. Let us tell ourselves from now on we shall not repeat past mistakes. We will give the best education to our children so that they can compete and succeed. Let us leave all failure of confidence behind, and start our future now.

Leave this hall confident and ok with ourselves. Tell our children that we will compete and we will succeed.

In the age of terror, we don’t need inciteful preachers


March19, 2019

In the age of terror, we don’t need inciteful preachers

Opinion  | By Dr. Azly Rahman

COMMENT | ‘Minister meets ‘inspirational‘ Zakir Naik,’ read a news headline. This is a very disappointing message considering that when Mujahid Yusof Rawa became de facto Islamic affairs Minister, he announced that Zakir’s way of preaching was not suitable for our multicultural society.

Why a different message all of a sudden? I am also troubled by the news that we’re bringing Malaysian Islamic State fighters back home. What are we getting into?

Alas, is our minister in charge of religion so shallow in knowledge he needs the urgent help of a TV evangelist who is wanted in his own country? How does this go well with what the national unity minister wants, as well as what the education minister would craft for our philosophy of education or social reconstruction and a new Malaysian patriotism?

Have we not enough confidence in our own understanding of how to explain the beauty of Islam in a multicultural society? A religion that can co-exist peacefully with other beautiful religions and philosophies? Preach for peace or don’t preach at all. Or do we really need preachers of this kind, such as Zakir Naik?

Years of studying (and later teaching) Chinese, Indian, Western, and Islamic philosophies have taught me to appreciate diverse traditions and never to belittle any of these “truths”. We cannot know the Ultimate Truth, only “perspectives” useful in our lifetime. And these truths come in a variety of languages and concepts. We just need to train our mind and soul to be worldwise.

All Muslims are not necessarily brothers. I am not a brother to those who support the Islamic State, nor to those who preach hate, half-truths, and profit from these. Calling “brother” can be a first step in dominating and colonising your minds.

Islam does not need to be “defended” nor other religions need to be “attacked” in order for one to profit from religious speeches. Confrontational politics has done enough damage to Malaysians. We need more goodwill dialogue in an age of continuing terror.

I am surprised some Malaysian government leaders do not have the good sense to judge what is “inspirational” and what is “inciteful” about the Mumbai speaker, whose modus operandi is to prove other truths wrong by employing half-baked analysis.

Besides, the grand show of converting people to Islam on stage cheapens the religion – reminiscent of Christian preachers who play with rattle snakes or orchestrate a session of “speaking in tongues”. Any religion should not be trivialised as such. Each religion must encourage more deep learning and less marketing in order to teach people to behave in this world.

Inspirational? Or inciteful?

In the United States, I have taught Comparative Religions, Philosophy of Religion, Islamic Scriptures in translation, and related courses, but find the confrontational style of “fiery and steamy and hot peppery” preachers and dakwah-rists too vile and too repulsive for Malaysians.

Preachings that divide and create animosities should not be allowed as long as Malaysia is still struggling to contain race-religious hatred.

Malaysia, as a lovely cultural location of religious harmony, does not need any preacher to bring his/her ideology and conflict here.

We cannot call a preacher “inspirational” when the work done is divisive – creating animosity among a variety of believers. Isn’t Abu Bakr al-Baghdadi, the leader of the Islamic State, inspirational? TV evangelists and those doing “dakwah-for-huge-profits” prey upon the vulnerability of those who do not read widely, especially about comparative religions and philosophies. We need to educate the public. Malaysia is not a Taliban state of the lesser-educated.

Again, as one who has taught Public Speaking for many years and studied speakers and analysed their speeches, I find a high level of toxicity in the style of speaking of TV-evangelists such as Zakir Naik.

Image result for mahathir and zakir naik

Malaysia’s Chief Clown

In the case of our leaders and Pakatan Harapan government’s fascination for radical and repulsive religious preachers and the plan to bring back ex-IS supporters and fighters, we must have social media activists demanding the next urgent regime change – a government strong enough not to tolerate any nonsense that compromises national unity and national security.

Religious discussion should be dialogical, not confrontational. Each religion has flaws. A good public speaker does not intimidate/shout at members of the audience. Especially if he has a microphone and the stage. A good preacher doesn’t ask if you’re Muslim or non-Muslim before answering questions.

Zakir Naik came from a hostile environment of an ongoing conflict between Hindus and Muslims in India. Perhaps he is used to preaching with hostility – which is not suitable for intelligent Malaysian audience.

Maybe I should go around the country preaching how NOT to preach against other religions? Will I get an island too?

Why the special treatment?

Yes, what a special treatment: first, they gave him an island. Then permanent resident status. Then they hug him tight like lovers. Then we allow him to go public in finding flaws in and belittling other religions. This is how we show our love to a preacher who is wanted in his own country. Preaching is not about proving one religion is better than others.

What is so inspirational about a preacher who lambasts other religions? The Malaysian government seems to be taking it easy on matters of national security. And harbouring radical preachers!

Then there is the news that we plan to give only one month of rehabilitation time for returning Islamic State fighters and support staff, people who had pledged allegiance to another state – the terrifying Islamic State.

How many years did it take to radicalise them through those Taliban schools? Already, Malaysian schools are fertile grounds for radicalism. Why hold the seeds of destruction in your hands? You bring in former IS fighters and you might open up a new recruitment centre. Beware. It’s a business. Recruiters get paid. We are treading on dangerous national security grounds, Malaysia. Don’t we know that IS is moving into Southeast Asia? And our solution is a gentle reminder and rehabilitation?

Malaysian politicians must realise that the internet can bring about a change of any government, and bring down any politician. It is our post-modern Frankenstein, the voice of the masses. It’s not easy to mediate freedom of speech on the internet.

In the case of our leaders and Pakatan Harapan government’s fascination for radical and repulsive religious preachers and the plan to bring back ex-IS supporters and fighters, we must have social media activists demanding the next urgent regime change – a government strong enough not to tolerate any nonsense that compromises national unity and national security.

Our prayers go to those who perished in the attack on the two mosques in Christchurch, New Zealand. We have a lot to work for peace. Though we cannot stop terrorist acts, we can at least detain or deport those who inspire others to hate other religions.


AZLY RAHMAN is an educator, academic, international columnist, and author of seven books available here. He grew up in Johor Bahru and holds a doctorate in international education development and Master’s degrees in six areas: education, international affairs, peace studies communication, fiction and non-fiction writing. He is a member of the Kappa Delta Pi International Honour Society in Education. Twitter @azlyrahman. More writings here.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

Mujahid Yusof Rawa is a clown


 

Mujahid Yusof Rawa is a clown

https://www.malaysiakini.com/columns/467368

Image result for Circus Clown

By THAYAPARAN– Commander (Rtd) of the Royal Malaysian Navy. A retired barrister-at-law, he is one of the founding members of the National Patriots Association.

 

Enough of beating up on a marginalised community. Does it make you feel strong and powerful? Do you know you endanger their lives and safety every time you attack them?”

– Ambiga Sreenevasan

COMMENT I have one question for Mujahid Yusof Rawa. If the LGBT “practices” are illegal, why isn’t the government rounding up LGBT people and incarcerating them? Mujahid asked this question of his critics before and babbled on about how these people have not committed any crime – “I have explained that (it cannot be done) unless they have committed a crime,”

However, we know that in Malaysia, if you are from the LGBT community – and Muslim – you will be whipped if your “practices” are discovered – “Two women convicted for attempting sexual relations will be fined and caned, a prosecutor said today, in a rare case against same-sex couples in the country.”

In a piece I wrote about the road to a theocratic state, I asked Mujahid to keep his mouth shut when it came to these issues, instead of playing to the far right crowd – “And no Mujahid, I do not want you to arrest them. I want you to keep your mouth shut about them, and instead create a counter-narrative that Harapan’s Islam is about promoting a first class education for your brethren, weeding out corruption in the political and religious class, ensuring the healthcare system is one of the best in the region, and ensuring a plurality of Islamic voices, so young people do not join extremist groups that pose a danger to the citizens of this country.”

Obviously, he did not take my advice. Instead, Mujahid has done what the Umno regime did before, which is demonise human rights groups, like Sisters in Islam and the WAO for standing up for the rights of disenfranchised citizens of this country in the recent woman’s right march, which he found offensive because it included the rights of the LGBT community.

I have never believed that Mujahid was a reformer like he claimed he was. His allies, who included many prominent non-Malay supporters, held Mujahid as an example of the kind of Islamic moderation this country would have if ever Harapan came into power. We now know that for the lie it was.

Obviously, he did not take my advice. Instead, Mujahid has done what the UMNO regime did before, which is demonise human rights groups, like Sisters in Islam and the WAO for standing up for the rights of disenfranchised citizens of this country in the recent woman’s right march, which he found offensive because it included the rights of the LGBT community.

I have never believed that Mujahid was a reformer like he claimed he was. His allies, who included many prominent non-Malay supporters, held Mujahid as an example of the kind of Islamic moderation this country would have if ever Harapan came into power. We now know that for the lie it was.

Mujahid is a big proponent of the Racial and Religious Hatred Act, and Harapan seems enamoured of hate speech laws. But you can bet your last ringgit these laws would be used to safeguard the religion of the state and not crack down on hate speech that happens in social media. Marginalised communities like the LGBT community, who are routinely savaged by some Harapan supporters, will, of course, be exempt from these laws.

Want to know what real hate speech is? Read the comments on social media, describing the community in the most hateful language. Then compare those comments with the actions of the state and federal governments when it comes to this community. Bullies, especially those who weaponise religion and culture, always target the marginalised in communities before working up the courage to move on to bigger targets.

Consider what Mujahid said: “I am shocked by the actions of a handful of people today who abuse the democratic space to defend practices that are against the Islamic teachings.”

This is the kind of slimy double talk religious operatives engage in. Forget the fact that so-called moderate Muslims like Mujahid have always been accused by the Islamic far right of abusing the democratic space to go against the teachings of Islam (or their version of it). But since when do the teachings of Islam determine how our public spaces are used in this country? Is it in our Federal Constitution?

There are colonial-era laws against specific sexual practices involving same sex individuals, but where in our Constitution does it say we cannot use our democratic space to voice out issues that go against Islam? Harapan is attempting to blur the line between criticising Islam and insulting Islam, but this is exactly what the UMNO regime did, and religious operatives like Mujahid were telling non-Malays and Muslims to speak up instead of ignoring the corruption of the state and Islam.

I get that we cannot “insult Islam” and could get up to 10 years imprisonment for this, but is the Harapan regime’s policy that we cannot use our democratic space to go against the teachings of Islam, even if such teachings go against our constitutional rights? Is this official Harapan policy? Where are all the non-Malay political operatives who were speaking out against this kind of discrimination before May 9?

Mujahid also said that it was up to the Home Ministry to take action against the organisers of the rally for holding a rally without a permit. How many times, when the Harapan regime was the opposition, did they hold rallies without permits, and political operatives like Mujahid encouraged people to attend those rallies because it was our democratic and constitutional right?

I guess when people accuse PAS and UMNO of being hypocrites, we may as well add Mujahid to the list.

Hew Wai Weng, in an article last year for the New Mandala, discussed the ‘Himpunan Kebangkitan Ummah’ (Ummah Awakening Gathering), noting: “The new Religious Affairs Minister Mujahid Rawa was criticised for ‘not defending Zakir Naik’ and ‘compromised on LGBT issues’. PAS leaders tried, through these criticisms, to portray a more ‘Islamic’ image compared with Pakatan’s Muslim leaders.”

Which is why, like an insecure person in a position of political and social power, Mujahid always has to display his religious and racial bona fides, because he is in a coalition which loudly proclaimed they were the progressive coalition of Malaysia.

Furthermore, he belongs to a moderate “Islamic” party – Amanah – which gets a lot of love from easily fooled non-Muslims, but which has, so far, merely conformed to the religious narratives of the Malay far right.

For most so-called progressives and the Malay right which supports Harapan, specifically the Bersatu faction, this is a non-issue. These people hate the LGBT community and understand their speech will always be protected by the state. Nobody cares that this is a government which claims to want to protect the constitutional rights of all citizens, but has no problem using religion to suppress the voice and rights of those it considers politically expendable.

How toxic is Harapan’s Islamic agenda? Well, you have someone who has been sentenced to 10 years in jail for insulting Islam and nobody in the Harapan political establishment has spoken out about it, excluding the always forthright Latheefa Koya.

Now, you have a minster in the Harapan regime attempting to hoodwink Malaysians into believing our democratic spaces can only be used for those issues which do not go against the teachings of Islam. Mujahid Rawa’s Islamic state of play is only going to get more toxic, and so far there is nobody in Harapan willing to confront it.

S THAYAPARAN is Commander (Rtd) of the Royal Malaysian Navy. A retired barrister-at-law, he is one of the founding members of the National Patriots Association.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

The ticking time bomb of Hatred


March 17,2019

The ticking time bomb of Hatred

Image result for terror in new zealand

In just twenty-four hours, the world is aghast, again.

Human brutality instigated by religious and ethnic hatred has resurfaced. A cynic would say this has been going on for centuries, so what else is new?

The difference is, that in the last 30 years, the internet has played a key role. The ease and speed in the dissemination of racist and bigoted ideology have allowed hateful ideology to spread anonymously.

Both the Christchurch mosque massacres are a human catastrophe, but it is not unexpected. It reveals that we humans continue in our ignorance, sinister manipulation and arrogance.

The despicable actions of modern terrorists are responses to the rhetoric and hate speeches of our leaders. They too use the internet to spread their hate speech, both covertly and openly.

Lately, Malaysia’s leadership has been slipping into the same cauldron. The race and religious rhetoric continues to divide Malaysian society.

We may read umpteen times, that “deep down in every Malaysian, we are really a peaceful, harmonious people”. This may be true.

However, in the months after May 9, 2018, perceptions have changed again. Malaysians are bombarded by racial and religious rhetoric from the leadership.

“Rhetoric and insincerity have no place in post-GE14 Malaysia. The main takeaway from the Christchurch terrorist act is that the ticking time bomb was wired by political rhetoric and self-serving leaders in the first place. The result is a growing global polarisation between nations, religions and ethnicities.”–Sharifah Munirah Alatas

Mantras like “upholding the special rights of the Malays”, “threats to Islam”, “DAP is in control”, etc. are platforms onto which both PH and the opposition have latched. The real issues of governance and reforms, have once again been sidelined.

Using the ethereal notion of “threat” as a smokescreen, Malaysian politics has been reduced to a dangerous and manipulative divide-and-rule game.

The Christchurch gunman acted on these very cliches. It is a global phenomenon. Malaysians should decide once and for all, if we want to continue down this path. Our leaders have to wake up and smell the teh tarik.

Both Muslims and non-Muslims in Malaysia are bracing themselves for a verbal retaliation to the Christchurch massacre.

Already, a few “educated” academics claim that Malaysian politicians and muftis will start the narrative that “Muslims must ready themselves for the glorious jihad”; that mosque sermons will be slanted for “the ongoing war with the kafirs”.

Recently, a piece of this nature was circulated on social media. The article appealed for Muslims to be introspective and to ask if the shooting is the result of the Muslims’ own arrogance and extremist tendencies.

The question was contextualised within the argument that Muslims globally are rather silent on the IS and other Muslim terrorist killings.

The logic is that, we (Muslims) have no moral right in our indignation of white supremacist terrorism because our “own backyard is strewn with garbage”. This is not only objectionable but grossly ineffective.

In 2010, leading Pakistani clerics published fatwas, endorsed by Al-Azhar University, that condemn terrorism, indiscriminate violence and the unlawfulness of imposing Islam on others.

In 2008, about 6,000 Indian Muslim clerics approved a fatwa against terrorism at a conference in Hyderabad. This fatwa was termed “The Hyderabad Declaration”.

In 2010 the Islamic Supreme Council of Canada issued a fatwa against terrorism, signed by 20 North American imams. That same year, a major international conference convened in Mardin, Turkey. It issued a declaration to dismiss a 14th century fatwa by Ibn Taymiyyah which was used to justify terrorism.

In 2005, Malaysia’s own Sheikh Muhammad Afifi Al-Akiti published a fatwa condemning the targeting of innocents by terrorists. This was in response to the London bombings.

In 2004, the “Amman Message” was declared. It affirmed the validity of all eight schools of thought, including Sunni, Shia, Ibadi, Ash’arism and Sufism. The Amman Message also declared the impermissibility of takfir (declaring another Muslim to be an apostate).

In 2003, the Saudi Arabian Council of Senior Scholars issued a fatwa concerning suicide bombings and terrorism. It reiterated that those who commit these acts are contravening Islamic law.

There is an irresponsible attitude by some, as if to suggest that the actions of the Christchurch terrorist can be justified.

Public intellectuals and academics should be responsible in their tasks. They should be above sensationalism for cheap publicity. Politicians must not get involved in rhetorical racial and religious discourse, aimed at voter manipulation.

All of us should wake up from our slumber and realise that we are all to blame for the current dire straits we find ourselves in. Stop the finger-pointing. Admit to mistakes, and work together in overcoming society’s challenges.

Ego has no place. Race and religion should never be used as a political tool. Mass political behaviour, being what it is, finds comfort in collective grievances. Use these grievances to unite, not to divide.

Politicians and religious leaders should stop their puppet performances. Academics and public intellectuals should get over their egos and write the truth.

Image result for the Christchurch terrorist act

Rhetoric and insincerity have no place in post-GE14 Malaysia. The main takeaway from the Christchurch terrorist act is that the ticking time bomb was wired by political rhetoric and self-serving leaders in the first place. The result is a growing global polarisation between nations, religions and ethnicities.

Let us start to work together, amidst our diversity. This is not a rhetorical appeal.

The views expressed are those of the author and do not necessarily reflect those of FMT.

Forever pendatang, forever dhimmi, forever grateful


Forever pendatang, forever dhimmi, forever grateful

 

 

multiracial-malaysia

None of us can change the past; we can only try to make the most of our diversity and endeavour to forge a better future. And that journey can only truly begin when we confront the Ketuanan Melayu ideology and expose it for what it is – a sinister and contemptible racist creed that has no place in a multicultural constitutional democracy like ours.”-–Dennis Ignatius

Over the past few weeks, as the competition between Pakatan Harapan and the UMNO-PAS alliance for the Malay vote has heated up, we’ve been given stark reminders of how the UMNO-PAS leadership views non-Malays and what we can expect should the Ketuanan Melayu ideology they espouse dominate Malaysian politics.

Their view of non-Malays, put simply, is forever pendatang, forever dhimmi and forever grateful.

Pendatang forever

The concept of the non-Malay as pendatang (or “penumpang”, a similar term that acting UMNO president Mohamad Hasan recently used to describe non-Malays), is of course, intrinsic to the Ketuanan Melayu ideology and is central to the thinking of UMNO and PAS leaders.

Whether pendatang or penumpang, the idea is the same: non-Malays are interlopers, without commitment or loyalty to the nation and, therefore, undeserving of equal treatment or constitutional protection. It is intended to strip them of their very identity as Malaysians and suggests that they have no inherent right to be here.

In their view, non-Malays, no matter how long they have lived here, are pendatangs and penumpangs and will always remain so. Others – Muslims from Indonesia, Bangladesh, Pakistan, the Middle East – can migrate to Malaysia and quickly become proud Malays but Malaysian-born non-Malays are doomed to remain pendatangs and penumpangs in perpetuity unless they convert.

Dhimmi forever

This racial division is further reinforced by a religious worldview that segregates Malaysians according to their faith into Muslim and dhimmi. In historical Islam, the ‘dhimmi’ were conquered people who had submitted to Islamic rule. They had few rights, had to pay a special tax and be forever subservient to Muslim authority in exchange for protection. Some Islamic scholars have also argued that dhimmis are automatically excluded from all participation in the political process.

No surprise then that men like Hadi Awang are constantly complaining that there are too many non-Muslims in parliament or that key positions like the chief justice and attorney-general are held by non-Muslims. In their twisted theocratic version of Malaysia, non-Malays, as dhimmis, have no business being in parliament or holding important positions.

The religious establishment is, of course, largely supportive of this religious division; in recent discussions on the issue, the muftis of Pahang and Perak, for example, insisted that there was nothing wrong in viewing non-Muslims as dhimmis.

Forever grateful

And for this privilege – the privilege of being pendatang and dhimmi forever, non-Malays are expected to remain forever grateful. As Hadi Awang likes to constantly remind us all, “Other races should appreciate [that] Muslims… accepted them as citizens and allowed them to practise their religion and use their language.”

Citizenship is no longer viewed by Ketuanan Melayu ideologues as part of the Merdeka agreement between all Malaysia’s ethnic communities but as an act of unilateral generosity for which eternal gratitude must be given. For Hadi, such gratitude must be manifested by perpetual submission, docility, and servility especially involving anything PAS says or does. To do otherwise is to be ungrateful and unmindful of Malay sensitivities.

An existential threat

Of course, UMNO and PAS leaders insist that all this does not amount to discrimination against non-Malays. Mohamad Hasan, for example, insisted that he was not trying to sideline non-Malays, that he wanted every community to “feel comfortable” while PAS vice-president Iskandar Abdul Samad reiterated that PAS-UMNO cooperation would not give rise to an extremist government.

It is a sign of how delusional, irrational, even duplicitous UMNO and PAS have become to expect non-Malays to be comfortable with such a racist system or that non-Malays will see such policies as anything but extremist.

As well, dividing the nation into Muslims and dhimmis might be acceptable in a theocratic Islamic state like Saudi Arabia but it can never be acceptable in a secular democratic state like Malaysia. Far from bestowing a divine right to rule on anyone, the Federal Constitution bestows upon all citizens – Muslim and non-Muslim – certain inalienable rights, rights that may not be unilaterally abrogated by muftis or anyone else.

It goes without saying that the Ketuanan Melayu vision of Malaysia is at variance with the Federal Constitution. It threatens to strip non-Malays of their constitutional rights, privileges and protections. Clearly, it is not the Malays and the position of Islam that are under threat; it is the non-Malays who now face an existential threat from the Ketuanan Melayu ideologues and their followers.

Given this situation, it is hard to fathom how the MCA and MIC can continue to remain unperturbed by UMNO-PAS cooperation or how they can continue to work with the very groups that are out to disenfranchise the minority communities they claim to represent. Are they so devoid of principle that they would minimize the very real dangers that the Ketuanan Melayu ideology of UMNO and PAS now poses to non-Malays just for the sake of a few crumbs from UMNO’s table?

Confronting Ketuanan Melayu

The Federal Constitution indisputably acknowledges Islam as the official religion of the Federation and confers special rights on the Malays but that can never be used to justify an ethno-religious apartheid state or legitimize a system of discrimination against any citizen. Like it or not, Malaysia is by constitutional mandate a secular democracy that makes no distinction between Muslim and dhimmi or Malay and pendatang. And, like it or not, we are all Malaysia’s sons and daughters.

None of us can change the past; we can only try to make the most of our diversity and endeavour to forge a better future. And that journey can only truly begin when we confront the Ketuanan Melayu ideology and expose it for what it is – a sinister and contemptible racist creed that has no place in a multicultural constitutional democracy like ours.

[Dennis Ignatius | Kuala Lumpur | 13th March 2019]