Mother gets custody of children in Muslim convert case

PUTRAJAYA, Nov 27 — A kindergarten teacher will have custody over her three children who were converted to Islam by her Muslim-convert former husband.

This is because Muhammad Ridzuan Abdullah, or K. Patmanathan as he was known before conversion, has lost his chance to appeal to the Federal Court the decision of an Ipoh High Court which granted custody of the children to M. Indira Gandhi.

A five-member panel led by Chief Justice Tun Arifin Zakaria dismissed Muhammad Ridzuan’s application for leave to appeal.

Ridzuan, 43, had sought leave to appeal to the Federal Court as his appeal to set aside the High Court’s decision was thrown out by the Court of Appeal on April 17 this year following failure by his previous lawyer to file the records of appeal on time.

The Court of Appeal had struck out his (Muhammad Ridzuan’s) appeal against the decision of the High Court granting custody to Indira, after it (the Court of Appeal) refused to grant him extension of time to file in the records of appeal.

Muhammad Ridzuan filed his notice of appeal on March 11, 2010 and was required to file in the records of appeal within eight weeks from the filing of the notice of appeal but his previous lawyer did not do so. The records of appeal were filed a year later.

Justice Arifin also ordered Muhammad Ridzuan to pay RM10,000 in legal costs.

The other judges on the panel were Federal Court judges Datuk Hashim Yusoff, Datuk Ahmad Maarop, Datuk Hasan Lah and Datuk Jeffrey Tan Kok Wha.

On March 11, 2010, the Ipoh High Court granted Indira the custody of Tevi Darsiny (Ummu Salamah), 15, Karan Dinish (Abu Bakar), 14 and Prasana Diksa (Ummu Habibah), four, but allowed Ridzuan to visit his children once a week.

The court ordered that Prasana Diksa, who was with Ridzuan, be returned to Indira while the other two children, who were with Indira, remain in the 37-year old mother’s (Indira) custody.

Ridzuan embraced Islam in April 2009 and subsequently converted his children to Islam without Indira’s consent.

On April 24, the same year, Indira obtained an interim custody order from the Ipoh High Court for temporary custody of her children.

On October 29 the same year, Ridzuan, who was represented by lawyer Anas Fauzi, obtained a court order from the Syariah Court giving him custody of the children.

Lawyer K.Shanmuga, one of the lawyers in Indira’s legal team, told reporters that the Ipoh High Court would mention tomorrow Indira’s judicial review application to quash the conversion certificate.

He added that contempt proceedings against Ridzuan would be initiated for not adhering the High Court order to return Prasana Diksa to the mother. — Bernama

Water crisis: Learn from Mahathir’s blunder

The fake water crisis in Selangor, manufactured by BN, features the same blunder that Mahathir made, forcing Singapore to look to technology for water self-efficiency.

 
By Chua Jui Meng 

Singapore’s $9 billion per annum water industry exposes Barisan Nasional government as incompetent, unable to think out of the box.

The island republic is now thanking Malaysia’s former premier Dr Mahathir Mohamad for its current $9 billion per annum water industry.

If not for Mahathir’s devious intentions and actions to use the raw water supply to hold Singapore to ransom, the island republic today would not have such a thriving industry.

So, Mahathir is, after all, not all that Machiavellian?

Only a man without conscience will threaten to deny human beings their right and thirst for water.

Let’s now look at Selangor’s water issues for a parallel comparison. The ongoing Langat 2 dispute between the Pakatan Rakyat-led Selangor government and the BN federal government is another inhumane attempt to try and hold the people of Selangor to ransom.

The BN’s intention to bulldoze the construction of the RM8.6 billion Langat 2 water treatment plant is to realise its share of the gravy train for its cronies which is also linked to the RM60 million annual royalty for raw water supply from Pahang.

When completed, the people of Selangor will be burdened with a 100% hike in water rates.

The fake water crisis, perpetuated by BN, features the same blunder that Mahathir made, forcing Singapore to look to technology for water self-efficiency. Mahathir’s not so Machiavellian move is now a blessing in disguise for Singapore.

As it is, all seven dams in Selangor are operating and supplying sufficient raw water. All 34 water treatment plants in the state are also running smoothly to ensure adequate supply of treated water in the state.

Deputy Prime Minister Muhyiddin Yassin had also tried to cow Selangor Menteri Besar Khalid Ibrahim by saying construction of Langat 2 would proceed with or without the approval of the state.

That only reflects Muhyiddin’s “bully boy” mentality and his utter contempt of law. I reiterate the Selangor government’s stand that there is no necessity for Langat 2.

Shortage of raw water in Selangor?

Langat 1 was constructed to resolve the 2009 water crisis in the state. Fewer than three years after, why is there the need for Langat 2?

The real issue is Syabas’ inefficient and incompetent management to ensure smooth treated water supply in the state. The beef with Syabas is the 30% loss in Non Revenue Water (NRW).

According to the Selangor government, a 10% reduction in NRW would save 500 million litres of water a day for the state and consumers.

It will do BN leaders well to learn from its selfish mismanagement and its greed to remain in power at all cost.

You are elected to serve the people, not for your personal cause and financial well being. Learn from Mahathir’s blunder that is now benefiting Singapore.

Altantuya murder trial notes for Scorpene inquiry?

Kuek Ser Kuang Keng 3:10PM Nov 27, 2012

A French lawyer representing human rights NGO Suaram said the French judges probing the Scorpene scandal would have no choice but to incorporate the murder trial of Mongolian national Altantuya Shaariibuu into their inquiry.

“We don't see how it would go the other way... They would obviously look into it,” said Apoline Cagnat (middle in photo), at a briefing for Malaysian parliamentarians in Singapore today.

While Altantuya’s murder is not the most critical element of the investigation - which focuses on alleged payment of commission in the procurement of two Scorpene-class submarines by Malaysia - it is one of the key aspects, Cagnat said.

As such, she believes the two investigating judges will request the notes of proceedings of the murder trial, in which two security personnel were convicted for Altantuya’s murder.

On the status of the Scorpene inquiry, Cagnat said investigations are still in progress.
She said she hopes that more subpoenas will be issued to witnesses - alongside a formal request to the Malaysian government to provide information on the deal - will be issued by the judges in the coming months.

Asked what has happened to the first subpoena purportedly issued to Jasbir Singh Chahl - said to be the point-man in the procurement of the submarines - Cagnat refused to comment.

She explained that she is barred by French law from revealing details of the investigation.

However, Suaram secretariat member Cynthia Gabriel, who hosted the briefing, disclosed that a second subpoena "is in the process" of beign served on Jasbir since he did not respond to the first.

Jasbir had denied receiving any such subpoena.

Long time-frame for outcome 

During the question-and-answer session with the Malaysian MPs present, Cagnat conceded that it may take anything between two and 10 years for the outcome of the inquiry to be known.

"I cannot give a time frame. The more complex the case, the longer they (investigating judges) need," she said.

"It takes time because it is international. It takes time for other countries to react (to the inquiry)."

She cited a similar defence procurement case involving the Pakistan government and French defence contractor DCNS has taken more than 10 years to date, and is still underway.

Cagnat handled that scandal which involved the deaths of 11 engineers in an explosion at Karachi.

DCNS is the company that also sold the Scorpene-class submarines to Malaysia.

The French legal team, led by prominent human rights lawyer William Bourdon, had initially been invited by Opposition Leader Anwar Ibrahim to brief parliamentarians in Malaysia on the probe.

Planned to be held at Parliament House, it was moved to a hotel in Singapore after the Malaysian government failed to provide a guarantee of security to the French lawyers.

Bourdon had been deported when he was in Malaysia last year to work on the case.

Only Cagnat was present at the two-hour briefing today.

Those present included seven opposition MPs, Suaram directors Cynthia and Fadiah Nadwa Fikri, as well as reporters from Malaysia and Singapore.

The lawmakers were Batu MP Tian Chua (standing in photo), Shah Alam MP Khalid Samad, Petaling Jaya Utara MP Tony Pua, Kuala Krai MP Hatta Ramli, Kelana Jaya MP Loh Gwo-Burne, Subang MP R Sivarasa and Teluk Kemang MP Kamarul Baharin Abbas.

Himpunan Hijau has marched into our history

YOURSAY 'This is amazing. True people power. A striking contrast to the ‘himpunan' held by BN at PWTC on Saturday. It looks like the writing is on the wall.'

March leaders to stay overnight near Dataran

Gerard Lourdesamy: What is so great about Lynas that it must be allowed to operate at all costs in Malaysia? If there is nothing to fear, why aren't they allowed to operate in Australia or for that matter in any other Western country?

Those supporters who are in "love" with Lynas and are 100 percent certain that there is no risk of radiation, should just move their homes next to the plant and live there for the next 10 years.

Congratulations to the rakyat for taking this stand on the environment and safety concerns surrounding the Lynas plant. Umno-BN is not interested in the welfare of the people but only in enriching its cronies and enjoying the kickbacks from corrupt business leaders.

Come GE13, the rakyat intend to teach this corrupt regime a lesson they will never forget.

Kee Thuan Chye: This is amazing. True people power. A striking contrast to the ‘himpunan' held by BN at PWTC on Saturday. It looks like the writing is on the wall.

Former PM Dr Mahathir Mohamad says BN will win the upcoming GE and possibly with a two-thirds majority. Does it look likely going by this anti-Lynas gathering?

Even PM Najib Razak's rhetoric at the PWTC rally sounds like that of a potential loser: "We are ready to change ... it is not necessary to change the government."

No BN leader has ever had to talk like that on the eve of a general election. Times have indeed changed.

Magnus: Syabas to Himpunan Hijau chairperson Wong Tack. IMO (in my opinion), he has shown inspiring and exemplary leadership of the true kind.

I think Lynas have met their match in him and his supporters in this fight to save Malaysia from being used as a garbage dump for overseas companies which are prohibited from doing in their own home countries what they intend to do in Malaysia.

So how much in mega-sleazy kickbacks do you think must have been allegedly paid by Lynas to certain politicians to dump mega-dangerous stuff like radioactive waste in Malaysia.

Somewhere in the region of that 12-years' worth of tax break savings given to Lynas on their expected profits of the projected US$1.7 billion annual export earnings perhaps?

Newdawn4pg: My sympathy goes to the people of Kuantan even though a vast majority of them still are in the dark over what are they actually facing.

The only hope I have at this moment is that the people of Pahang will 'sedar' (realise) as soon as possible so that when they change the state government, then only will they be able to enjoy peace and prosperity as what being enjoy by us, the people of Penang.

Teh Chee Seng: Some 20,000 people (who are most probably not all from Kuantan) do not make the "people". There are 100,000 more in Kuantan who supports our current government.

Blind Freddo: This was a celebration of mass hysteria and paranoia over a problem that doesn't exist and may never occur - a monument to the appalling ignorance and gullibility of Malaysians.

If you are going to demonstrate, at least have the common sense to demonstrate about something that has objective evidence to support it, not something that you imagine.

Swipenter: Blind Freddo, please fight to have the plant relocated back to Australia. You have at least 20,000 Malaysians supporting and rooting for you even if it means more no job opportunities for us and losing the investments from Lynas.

If the processed wastes poison your Australian atmosphere and environment, imagine the amount of jobs created and money needed to clean them up. Another boost to your domestic investments and job creation opportunity.

You should fight tooth and nail on behalf of Australians to force Lynas to relocate the plant back to your own backyard. You will have my hysterical and paranoid support. Deal?

Stop Lynas Now: Please heed the following. Some children suffered leukemia from the Asian Rare Earth factory in Perak. Most initial symptoms of leukemia are similar to symptoms for irregular bone-marrow function.

Typically, most symptoms do not occur during the early stages of leukemia, and children may experience different symptoms.

The following are symptoms of leukemia that lead doctors to look for different types of juvenile leukemia: feelings of fatigue, repetitive viral or bacterial infections, bone and joint pain, abdominal pain which may cause loss of appetite and weight loss in a child, swollen lymph nodes under the arms, in the groin, chest and neck, easy bleeding or bruising, vomiting, rashes, and gum problems.

"Evidence" is the word used to fool Malaysians. If it is safe, Lynas will not send the ore 5,000km away to process in Malaysia. Simple as that. Don't waste your breath arguing. It appears that the life of an Australian is more precious than that of a Malaysian.

RAW: When it comes to the health of the population, it is better to err by being over-cautious. What good is wealth if one cannot enjoy it because of ill-health?

Anonymous #25235020: There is a difference between a great mind and a small mind. Those who are far sighted foresee the disastrous future Lynas will bring to this country based on solid evidence found in Baotou (China) and Bukit Merah (Malaysia).

Those small minded will just shout 'show me the proof', and their brain lacks the ability to think, to analyses and to extrapolate and can only wait for the disaster to happen right before their eyes.

HYL: Yesterday morning I passed by Dataran Merdeka and I can't help admiring these people with their commitment and tenacity. Keep up the good work and although I can't attend the rally, my fullest support and appreciation to you people.

Onyourtoes: I salute the determination and the tenacity of Himpunan Hijau organisers, leaders and those who marched tirelessly for the cause. All should give them logistical, financial and moral support.

If these rogues can do this thing to Kuantan, eventually they can do the same thing anywhere in Malaysia. The people must stand in solidarity to send a clear and unequivocal message to the ruling elites: this country is rich enough not to host this stupid industry.

Let others do it if money and industrial might are so important to them. We can live with one less fanciful meal in the restaurant or one less smart phone. Is this not what it all comes to?

Het: The Green March will become part of Malaysian history. Many thanks to the faceless heroes who started the march.

Ex-British PM Brown to visit Sabah?

An activist believes a visit by UN envoy, Gordon Brown, would help spur educational development in Sabah and Sarawak.

LONDON:  Has the prevailing failures of the federal government in providing equal attention to Sabah’s needs finally caught the  attention of British officialdom?

It is a known fact in Sabah, that both activists and opposition politicians have been seeking British government’s support on many issues.

The NGO United Borneo Front has been at the forefront pushing for the reinstatement of the 20-points Malaysia Agreement and Sabah’s right to be treated as nation-partner.

Despite 47 years under Barisan Nasional, oil rich Sabah has remained poor. Last year the World Bank REport noted that Sabah was the poorest state in Malaysia.

Federal government policies and its BN stooges in Sabah have been blamed for this.

It therefore comes as no surprise that former British Prime Minister Gordon Brown, now the United Nation’s global education envoy, may visit Borneo to learn first hand the issues that may be affecting natives’ access to quality education.

Once known as North Borneo and directly under British rule, Sabah  saw the visit of  Duke and Duchess of Cambridge, Prince William and Kate Middleton in September. The royal couple visited the Danum Valley, where UK Royal Society’s South East Asia Rainforest Research Programme (SEARRP) has been carrying out a variety of conservation programmes since 1984.

Brown, is expected to visit Borneo – Sabah and Sarawak – to learn first hand the issues that may be affecting natives’ access to quality education.

He is expected to make the visit “as soon as he has adequate justification”.

The condition of schools on the island, especially in Sabah and Sarawak and in all four Indonesian territories in Kalimantan, have been brought to the UN’s attention by NGOs and individuals who have noted that Bornean children, particularly the natives, are being neglected at various levels.

Sabah political activist, Daniel John Jambun, who is in London canvassing support for Borneo causes, said he learned of this new development from friends here including from the Borneo’s ardent advocate, Clare Rewcastle, whom he met here.

Rewcastle has been running the popular Radio Free Sarawak and online news portal Sarawak Report.

Jambun, who is also chairman of UK-based Borneo’s Plight in Malaysia, told FMT that Brown’s visit could take place “as soon as he has adequate justification” to check the progress of education in Borneo.

“There are real issues in Borneo in education, religion, environment as well as human rights. The international community and the UN should look into this and help or else we will end up forever in backwater of the whole region.

In fact on many fronts we in Sabah and Sarawak are worse than when we were still under British protection. Now the Borneo’s natives are boiling for change,” said Jambun who is also State Reform Party’s (Star) Sabah deputy chairman.

Rural schools in shocking conditions

Brown, the former British premier, was appointed to the unpaid role by UN secretary general Ban Ki-moon in July, to help “galvanise support” for the UN’s global education scheme, which aims to give every child access to quality teaching.

He accompanied Ban Ki-moon on recent visit to Asia, where he said he hoped to emulate the successes of Kofi Annan, the former UN Secretary General and former US President Bill Clinton, as special UN envoys for Syria and Haiti respectively.

“Ensuring that every child in the world has the opportunity to go to school and to learn is a longstanding passion of mine. Education breaks the cycle of poverty and unlocks better health and better job prospects,” he said.

Jambun said he felt a visit by Brown would help spur educational development in Sabah and Sarawak.

“Some native schoolchildren are still forced to walk for hours in jungles just to reach their schools. This should not be the case anymore, but it still is the reality in Borneo,” he said.

“Many of the schools in rural Sabah and Sarawak are dilapidated and in shocking condition,” Jambun said, adding that this could be seen even in areas near the city Inanam and Penampang.

“In some areas in Sabah and Sarawak there is no school whatsoever. The federation leaders way of thinking must change when it comes to Borneo.

“This land is very vast and settlements are scattered, the authority should not simply take the Malayan’s model for us,” he added.

The politics of faith

KJ John 12:02PM Nov 27, 2012

My definition of politics is: “Any intervention into time and space with a view to make change happen”. By “faith” I mean an internal and personal value that guides one’s behaviour based on one’s belief or faith system. The specific object of one’s faith is a non-issue. To get into that dialogue would be the politics of theology.

One’s beliefs, values, attitudes and subsequent behaviour often define one’s worldview. I use that worldview model to generalise two major categories of worldviews: sacred, and secular. They are intended to be descriptive of what can be found in the world. It is a generalisation but one that helps one understand and appreciate one’s thinking to appreciate one’s own actions and belief systems.

Subsequent ‘actions’ when defined by other observers are labelled as another’s ‘behaviour’; even if the observer does not know the true motives behind such action by the actor. Nurul Izzah Anwar was recently abused in this way.

Premised upon a sacred worldview model; one would consider another more important than self. It begins with the Sacred Other. Such belief defines values like “faith;” not just as an externally declared environment of imposed religiosity. Instead, it is a kind of spirituality found within internal values about right and wrong and how it guides one’s action.

The key to such a definition is voluntary adherence or self-compliance to spiritual values as a way of life; rather than allow it to become a visible gap between one’s espoused theory and one’s theory-in-use, often made visible through practice. Integrity is the non-existence of such a gap.

In a secular worldview, as currently applied in modern parlance, public space governance relates to the deployment of universal values of morality. It means not applying any particular and specific set of religious values for public space ethics and morality.

Imposition of alien values

When any such particular public space morality is imposed, I have usually labelled it “a green air environment and theology”. I reject any such particular imposition of alien values as a denial of one’s human dignity.

Two weeks ago, the Sunday Star column by its group chief editor screamed with the headline: ‘Keep faith out of politics’. My previous column argued against that hypothesis. Now, the same newspaper carried a major full page story about “the politics of faith” in Kelantan.

While some readers appreciated my opinion piece, not all were accepting. One reader, with the benefit of many other views from writers and commenters including myself, wrote the following comment:

“Faith is a private matter that should never enter the public realm. The author should never use the political system to validate his arbitrary views on the relation between a purported God and the earthly realm. Be spiritual for all you want, but leave it at your door.

“Clinging to the Rukun Negara to forward your position is a desperate act. The modern path is pluralistic and open, so please do not insert your spiritual authoritarianism into an already messy political system.

“Dialogue and relying on the best ideas will take Malaysia forward - never confuse religion with morality.

Morality has many roots, and in fact is only weakly supported by religion. What kind of morality allows for stoning people not observing the Sabbath. This is God gone mad. We humans can do better than the morality of any God. So live and let live.”

I appreciate and respect the views of this respondent, but let us review the reality as we see reported in our newspapers. The reality of what happened in Kelantan was that the Chinese (and presumably Buddhist or Christian or free thinkers) hairdressers who are giving haircuts to their male customers were accused of an offence and if they plead guilty, they were required to pay a fine.

A number of them paid the fine; yet others simply moved their business elsewhere. But, my concern is; if these are Kelantanese residents, why should they move out or go elsewhere? 

This is the classic case of the abuse of one’s faith to impose one’s set of values upon someone else. So, my question to both The Star and other mainstream newspapers is: Please teach us how to keep such bad faith (pun intended) out of politics?

The framework for the imposition of “such Islamic regulation” is the ‘hudud system’ that PAS has enacted in Kelantan but not implemented. It involves a particular interpretation of Islamic faith and the fundamental belief that “mixing and meeting between men and women of marriageable age” can lead to “khalwat” or close proximity between the unmarried.

Many other cultures also “discourage mixing of sexes within certain spiritually contexts”, but none that I am aware of, which legislate such prohibitions on their own non-adherents, as part and parcel of civil and public governance.

Personal and family matters

If I am not mistaken; all Islamic laws in Malaysia relate to personal and family matters as interpreted and enforced by state-level religious authorities, but which are not explicitly legislated as criminal law through federal government rules or regulations. These only apply to Muslims and are not enforceable by the police.

Only the federal parliament is enabled under the constitution to enact criminal laws in Malaysia. All other federal laws are civil and common laws and are applicable equally to all citizens of Malaysia. Islamic faith-related laws come under state jurisdiction, and can and will vary between one state to another in the nine states with Rulers in the peninsula.

Nevertheless, all Islamic laws are primarily family and personal laws and cannot become a framework to “enforce so-called non criminal but moral behaviour in public spaces”. That is what the federal constitution states, and sufficiently asserts. It says of itself; the constitution is the supreme law of Malaysia.

In the specific case of Kelantan, such regulations relating to “defining morality with hairdressers” are dependent on state-related hudud interpretation deployed through federal-based public or civil local government regulations. The legitimacy of such laws is completely in doubt.

Therefore, allow me to urge MCA to seek a court order to review the enforcement of non-unisex salons in Kelantan for non-Muslim businesses and their customers. It is time for MCA to start supporting the Chinese community in Kelantan, especially since they have a president who is willing to speak about hudud matters.

May God safeguard Malaysia.

Teacher sacked for attending Anwar's ceramah

Zulaikha Zulkifli 9:13AM Nov 27, 2012

A part-time religious teacher has claimed that the Federal Territory Islamic Affairs Department (Jawi) sacked her after she attended a ceramah given by PKR de facto leader Anwar Ibrahim.

Qatrun Nada Mohd Latfi, who teaches in Labuan, said the department served her a notice of dismissal after receiving instructions from a local Umno leader.

"I attended Anwar's political talk on Sept 15. Following that, an Umno leader contacted me. He (the Umno leader) told me that since I am civil servant, I should not be involved in politics."

After the conversation with the Umno leader, Qatrun said, she was summoned to meet with the Labuan Jawi assistant director-general and her school principal.

"They wanted to know about my activities," she added.

According to her, there was no mention at the meeting about her attending the talk given by Anwar.

However, she did admit that she was actively involved in an NGO called Nisa.

Grounds for dismissal not stated
Qatrun subsequently received a letter from Jawi dated Oct 24, informing her of the termination of her service with effect on Dec 1.

She appealed a week ago and asked for the grounds of her dismissal.

However, a Jawi officer replied that based on her part-time contract, the department could terminate her service anytime without providing any reason, and this was confirmed by Qatrun.

Meanwhile, Inisiatif Selamatkan Insan Tertindas (Insan), an NGO fighting the political harassment of civil servants, slammed the sacking of Qatrun.

"Insan condemns Umno for exerting its influence on a public institution to go against someone who is sympathetic with the opposition," the NGO's coordinator, Mohd Faris Abdullah, said in a press statement.

Faris, who is also Labuan PAS Youth council member, said Insan would on Thursday send a protest memorandum to Jawi director-general Che Mat Che Ali on the matter.