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Gong Xi Fa Cai ! Multi – racial festive seasons are a wonderful celebration in Malaysia

19/02/2015

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Yes, divorce first before conversion

06/02/2015

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In the past, there had been several controversial matrimonial cases due to the conversion to Islam by a non-Muslim spouse in civil marriages.

To this Parti Gerakan National Deputy Youth Chief Andy Yong said “this is particularly so when one spouse (usually the husband) who has converted to Islam without the knowledge of the other. The situation made complicated when the children of the marriage are also being converted to Islam without the knowledge or consent of another parent. Other related controversial issues involved the validity of divorce, maintenance, alimony, burial ceremony and court’s jurisdiction (between civil and Syariah courts) in deciding the dispute”.

It is reported recently that Negeri Sembilan Islamic Religious Council  (MAINS) has proposed new regulations such as requiring a non-Muslim to obtain dissolution of marriage from his or her spouse before converting to Islam.

Andy supports the said proposal as this will resolves all previous legal complications when one spouse converted unilaterally. This is especially so in relation to section 51(1) of the Law Reform Act (Marriage and Divorce) 1976 that stipulates “when one party to a marriage has converted to Islam, the other party who has not so converted may petition for divorce” of which there is a lacunae here (which is often the case) when the converted spouse did not inform his or her spouse.

Other related law that is potentially solved too includes Article 12 (4) of the Federal Constitution where it states “…the religion of a person under the age of eighteen years shall be decided by his parent or guardian”.    “This particular provision has created legal controversy and dispute in the past as there were different thoughts on the interpretation of “parent” resulting injustice to the non-converting spouse. And if such proposal by MAINS is passed, the civil court may also decide issues involving support, care and custody of the children prior to the conversion ” added Andy.

Lastly Andy agrees that “it will be ideal if other states follow the same proposal by MAINS in order to avoid controversy and most importantly would ensure that Islam would not be ridiculed just because of a wrongdoing of a Muslim convert. This is also to protect the sanctity of Islam”.

在过往,曾因为婚姻中的非穆斯林配偶皈依伊斯兰教,而发生过几宗有争议性的婚姻诉讼案件。

民青团署理团长杨锦成指出,这情况尤其发生在当其中一方(通常是丈夫)没有通知配偶的情况下转教。同时,在没有知会配偶的情况下,就为孩童转教,这将使情况变得更加复杂。其他相关的争议性课题包括离婚的有效性、赡养费、抚养费、葬礼和法院管辖权(民事和回教法庭间)的有效性。

根据今日太阳报的报道,森美兰州伊斯兰宗教理事会建议新的规定,要求非穆斯林在转教前,与其配偶离婚。

杨锦成对此建议表示赞赏,因为这将解决以往夫妻单一方面转教时所面对的法律纠纷,这尤其是和1976年法律改革(婚姻及离婚)第51(1)条文中的“当一方在婚姻中转教,那没有转教的另一方可以申请离婚”有关,但这有个缺点(经常发生的情况),转教后的一方并没有通知其配偶。

“另一项获得解决的相关法律包括联邦宪法第12(4)条文,其阐明18岁以下孩童的宗教应由其父母或监护人所决定。这特殊的规定在过去也造成法律的争议和纠纷,因为“父母”定义的不同诠释,这对于非转教配偶是不公平的。若森美兰州伊斯兰宗教理事会的建议通过,民事法庭也可以决定涉及孩童在转教前的支持、照顾和抚养问题。“杨锦成说

最后,杨锦成赞同若其他州属遵循森美兰州宗教理事会的建议是最为理想的,以避免发生争议,更重要的是将确保伊斯兰教不会因为错误的转教问题,而被嘲讽。同时,这也维护伊斯兰教的尊严。

Minister should provides solution not problem

02/02/2015

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The key question: what is Ismail’s motive or intention by referring to Chinese entrepreneurs? Don’t they ever realise or refuse to acknowledge the real problem? We expect our high levels employees to provide solution instead of creating problem not to mention a Minister. Do they actually know the problem or refuse to know it?

Chinese community in Malaysia never controls or intend to control the economy by dominating the urban businesses. Not to mention by hiking prices as alleged though there are some unethical ones.

They excel in doing businesses through hard work, guts, far-sightedness, education, extensive regional networks, a tenacious and indefatigable spirit to succeed.

This entrepreneurial spirit of excellence in Chinese community has helped Malaysia progress well and it has nothing to with causing the miserable state of Malays’ poverty or burden. They are surely not less patriotic. Patriotism is not about carrying or singing national anthem or working for the uniform bodies only.

On the contrary, non-Malays’ contributions toward Malaysia economy have immeasurably helped stabilize our socio-economic development. Tun Mahathir once said: “if we discount the non-Malays’ contribution to the nation economy, Malaysia would be not much better than some of the African developing countries”. With non-Malays, Malaysia becomes better off, not worse off.

Actually successful Malay businessmen as we know, don’t really acquire any entrepreneurial high skills because some people made no genuine effort to nurture hardworking & highly-skilled Malay entrepreneurs. They are many potential ones out there.

Conversely, sometimes the policies and measures introduced has adversely & insidiously cultivated the the “crutch mentality”, which has also atrophied them to be narrow-minded and short-sighted, best exemplified by the unsound statement made by Ismail. Kurup should not have issued a statement to support unless he is certain of the latter’s intention.

Look at it as a Malaysians’ problem and provide a solution instead of such absurd proposal.

http://www.themalaysianinsider.com/sideviews/article/ministers-should-be-providing-solutions-not-creating-problems-andy-yong

Ismail Sabri’s call draws anger from various quarters | theSundaily – http://m.thesundaily.my/node/293977

Local Government Elections will cause racial riots?

26/01/2015

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Generally I am inclined to say that Malaysians are matured in what they called “advanced politics”. But I am not sure the same applies to our politicians. Simply put, racial politics should never be an endless pursuit not to mention any threat that disrupts our peaceful and harmonious society.

I am not surprise with Hadi and Dahlan’s remarks recently. Whether it is for political purpose or simply inferiority complex, they are not bringing Malaysians to the next level. Simple calculation of our demographic data says it all in order to rebut their allegation. Even if there is any violence due to the said election, very often it is instigated by the politicians.

A new paradigm of governance (or a new mentality of the government) is imperative. This new paradigm must place sustainable development and the tenets of good governance as cornerstones for the construction of a strong, viable and prosperous Malaysia, blossoming into a distinct civilization and a developed nation.

The new paradigm must facilitate full participation of all rakyats, in the processes of nation-building & governance. Such a participatory framework, along with adequate scope for local self-management, will release the abundant energy, innovative spirit, leadership talents, vibrancy and innate problem- solving capacity, but which are currently stifled by the existing over-centralized, authoritarian style of governance (both Federal and State ie BN & PR). In fact, this style has the effect of causing these qualities to manifest themselves in the form of anti-social/deviant attitudes/behaviors which undermine the social order, and which hinder rather than contribute toward local/nation development. So, the return of local government election is not a bad idea after all.

Meaningful decentralization of state power, manifested in the form of strong systems of local governance, should be recognized as key prerequisites for facilitating sustainable development and promoting good governance. It is therefore critical that policy-makers, scholars, practitioners and related stakeholder groups in the constituencies seek to advance their understanding/appreciation of issues relating to local government and decentralization, and forge a regional consensus on how these concepts and principles might be best applied in Malaysia.

But above all, the political will matters most…

Tak habis – habis isu perkauman…

14/01/2015

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While having my breakfast at a mamak restaurant, I overheard conversation of some familiar Malay patrons that said: ” Tak habis – habis isu perkauman…”

I find the topic interesting, so decided to join them.

Intriguingly why is it most tensions, religious seditious remarks, insensitivity, legal disputes, politicisation & dissatisfaction usually involved one particular race? One of them said because they are the majority; but is this what we Malaysians want? Why other races who were born here in the last few generations are losing hope in this country?

Generally they or many laymen couldn’t be bothered but politicians & the so-called ‘extremists’ keep harping on the issue. This can only lead to a deeper societal division between the minority and majority communities that would lead to more antagonism and racism. It is unhealthy for the new generation to grow up in such situation.

The word ‘moderation’ is widely used recently but it doesn’t seems to solve the problem. Perhaps a political & educational paradigm shift is required in order to move forward progressively as a nation.

We did talked on the Sedition Act, I explained the key words are “seditious tendency”. Some see injustice for the authority to prosecute selectively or base on their own interpretation. I can’t imagine what would happen if a non-Muslim threatens to burn the Quran will be (or is) given a flexible meaning of no intention to ignite racial or religious tensions (or “to cause chaos” as per IGP).

We cannot afford to look at such issue subjectively or one-sided, considering it is not right to say majority is here to dominate, leave the country if we do not like it. We have come a long way, it will be foolish to put on the reverse gear. I strongly doubt the Prophets will react or say things similar to those bigots if they are here today (they nodded in agreement).

Gone are the days where an Act is wielded wantonly to silence criticism and dissent. Our forefathers & for generations we had/have lived in harmony. This country is unique and admired by many globally. High time to move on as our Federal Constitution has stated it all.

Yes, corruption is the main obstacle…

11/01/2015

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You know, I know, we all know…we can never go far so long as combating corruption is not taken seriously. I had previously wrote an article on this (published in Malaysiakini). Received a write – up (by Christopher) today on corruption in this country; inclined to share it here (below) because in reality most sensible and responsible rakyats feel or think the same.

Corruption comes in many forms, some still in denial. It takes all to stop or at least to reduce it not only the government ie both the giver and taker. The 1.4 million government servants remain the same regardless of BN or PR becomes the ruling government. I disagree with the writer who gives an impression as if PR is clean from corruption. I experienced and knew from reliable source that they too are no angel. Yes absolutely agree with the political will part.

Some say with PR at least there is a hope to eradicate it. Not necessary so. It is the person or those in position, be it at federal or state level. Optimistically there is also hope if BN or PM do it right seriously.

Read “Ends of Power” by Moses Naim and “Why Nations Failed”, one would agree with me inevitably it is a matter of time BN government will face a serious problem (or share a similar fate of Sri Lanka’s Rajapaksa in recent presidential election) if this menace is not tackled seriously…

THE CORRUPT MUST BE PUNISHED
By Christopher Fernandez

Punishing the corrupt sends out a strong message that Malaysians mean business
Why must the corrupt be punished? From the person who sits on the chair of the prime minister in this country to the least and the last person, nobody is above the law, and must be duly punished for corrupt practices upon being found guilty in a competent court of law.

The reason why Malaysia is in a state of flux and disarray boils down to the obvious and blatant fact that, from among the top brass in this country down to the man-in-the street, corruption is widespread and far more prevalent than previously believed.

In many instances of corruption, it is only the tip of the iceberg and it is generally perceived by the average Malaysian now that corruption is Public Enemy No. 1, replacing substance and drug abuse. In fact, corruption is so common there needs to be educational awareness on corruption for Malaysians.

What constitutes corruption eludes even those who are considered educated and qualified that it is apparent that those lower down the rung of society are not the only people who need to be taught and trained on avoiding being corrupt.

The scenario on corruption
Senior Malaysian government officials often go on the defensive when accusations of corruption are hurled at them. They claim corruption is a “perception”, not really a reality, and Malaysians often blow it out of proportion.

This is the usual stance of the Barisan Nasional (BN) government. But if there is a search on the ground and investigations covertly done, it can be stated as a fact that corruption is widespread and far more prevalent as there is “no smoke without fire”.

But it is precisely because BN government officials play with fire on the issue of corruption that the menace is difficult to stamp out and there also appears to be an act in concert to cover for those that are trapped in accusations of corruption.

The government clearly lacks the political will to arrest the rot of corruption as they are highly perceived to be corrupt that it will be a case of the pot calling the kettle black if they accuse and try to convict a person of being corrupt.

This is why corruption within the Malaysian government has become like a case of being on a merry-go-round. Corruption goes round and round within the government and is covered or glossed over as part and parcel of the standard operating procedure of governance in the country today.

The cleansing of the nation must begin with a purge of the corrupt from the top down, from the high-ranking minister to the man on the street

Putting things in order
A fish rots from the head. If the leaders in this country are perceived to be corrupt, it is only a matter of time before the whole barrel of apples get rotten. This is what is happening now in this country. Corruption is at an all-time high.

The only way to save Malaysia from going to the dogs is to weed out the corrupt and punish them severely to act as a deterrent to ensure that there is no room for corruption to exist in this country. The nation of China is hell-bent on eradicating corruption that even the death penalty is meted to the guilty.

Not only the small fry should be hauled up for corruption, the cleansing of the nation must begin with a purge of the corrupt from the top down, beginning with the upper echelons of government and society. This means the Malaysian Anti-Corruption Commission (MACC) must begin by going after the big fish.

Those accused of corruption must not escape with a mere slap on the wrist; the punishment must fit the crime for corruption and the greater the responsibilities of the person to the rakyat, the greater the punishment should be.

Besides this, the spoils of corruption must be recovered. Those that have been guilty and are being accused of corruption, in the past or in the present, must be fully investigated without fear or favour, no matter their status, and their looting and plunder of national coffers must be stopped.

Sistem dan Kualiti Pendidikan Adalah Faktor Utama Bukan Sekolah Vernakular

10/01/2015

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Tidak lama lagi keputusan SPM akan diketahui. Begitu juga dengan UEC. Kenyataan segolongan mereka yang masih mengatakan sekolah vernakular atau percubaan untuk pengiktirafan Sijil Peperiksaan Bersepadu (UEC) adalah halangan kepada perpaduan negara membuktikan mereka mempunyai mentaliti yang sempit.

Sekali lagi, apa yang dibangkitkan oleh mereka bukan perkara yang baru.

Saya menegaskan kita harus melihat dari segi semua aspek sebelum menuduh bahawa pelajar-pelajar dari sekolah Cina/India di negara ini mengugat perpaduan negara.

Saya bukan membela atau memperjuangkan bangsa Cina atau India di dalam perkara ini tetapi kepentingan rakyat.

Kita harus mengetahui bahawa hak mengenai pendidikan vernakular adalah dijamin di bawah Artikel 12 Perlembagaan Persekutuan. Sama ada sekolah sedemikian menjadi halangan kepada perpaduan atau pembangunan negara, ia merupakan satu perkara subjektif.

Ini adalah kerana tidak ada bukti untuk mengatakan sedemikian mahupun ada bukti mengatakan sekolah kebangsaan akan menjamin perpaduan.

Sekolah vernakular telahpun wujud sebelum kemerdekaan dan tidak pernah menjadi isu halangan perpaduan negara.

UEC adalah diiktirafkan oleh institusi-institusi pengajian tinggi di UK, Amerika Syarikat, Taiwan, Australia, Singapura, Kanada dan lain-lain negara melainkan di Malaysia.

Sekolah Cina merupakan salah satu pilihan pendidikan walaupun saya tidak nafi bahawa bahasa yang diutamakan adalah Bahasa Cina yang akan menjejaskan keupayaan dalam Bahasa Malaysia.

Walaubagaimanapun jikalau ia merupakan satu halangan perpaduan bagaimana dengan sekolah agama rakyat atau sekolah Kristian?

Adakah apa yang berlaku baru-baru ini oleh segolongan masyarakat yang cuba mengapi-apikan kebencian di antara kaum melibatkan mereka dari sekolah vernakular?

Faktor utama yang mengugat perpaduan adalah antara lain dasar atau polisi negara seperti diskriminasi kemasukan pengajian tinggi di institusi-institusi tempatan, pekerjaaan atau kenaikan pangkat, peruntukan untuk kos rumah rendah, pemberian saham yang mana ia seharusnya terbuka kepada semua rakyat Malaysia mengikut meritokrasi.

Justeru sampai masanya kerajaan persekutuan dan negeri benar-benar mencari satu jalan mengenai sistem dan kualiti persekolahan di negara ini kerana pendidikan di antara generasi muda adalah satu perkara yang amat penting bagi pembangunan negara.

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