Thursday, July 23, 2009

Kenyataan YB Dr. Lo’lo’ isu hukuman sebat ke atas pesalah minum arak untuk membetulkan kenyataan media.

Dari YB Titiwangsa, Doctor Lo'Lo',

Artikel Themalaysianinsider.com bertarikh 23/07/2009 dengan tajuk-tajuk berikut “Outrage Over Caning For Model” dan “Syariah Lawyers Association Regrets Shahrizat’s Statement On Whipping Of Model” adalah dirujuk. Di dalam kedua-dua artikel tersebut ada menyiarkan seperti berikut :

a) Titiwangsa MP Lo'lo Mohd Ghazali, who is also head of the women's wing of the opposition PAS, said that punishment should educate and not cause hurt.
b) Shahrizat said she was shocked by the Syariah Court decision and called for a fair and just punishment.

Meanwhile, Dr Lo'lo was surprised that whipping of women was sanctioned by the Malaysian syariah law adding punishment should be educational, and not to cause hurt.


Petang semalam saya telah dihubungi oleh wartawan meminta saya memberi sedikit komen berkaitan hukuman oleh Mahkamah Syariah Kuantan yang menjatuhkan hukuman sebat terhadap seorang model sambilan atas kesalahn meminum arak. Saya telah memberikan komen saya dengan sucihati megikut pengetahuan saya berkaitan hukuman dan realiti masyarakat Malaysia. Malangnya terdapat pihak-pihak yang melihat kenyataan di akhbar dari konteks yang lain.

Pertama, saya terkejut dengan hukuman yang dijatuhkan oleh Mahkamah Syariah Kuantan ke atas model tersebut. Memang saya terkejut kerana ada juga Mahkamah Syariah di Malaysia yang berupaya menghukum pesalah dengan hukuman sebegitu walaupun peruntukkan tersebut telah lama ada. Tetapi baru sekarang hukuman sebegitu dijatuhkan bagi pesalah kesalahan tersebut. Saya amat bersetuju dengan hukuman tersebut kerana sekurang-kurangnya hukuman tersebut begitu hampir dengan hukuman Hudud.

Di dalam Hudud, hukuman bagi pesalah minum arak adalah 40 kali sebatan malah ada ulamak yang mengatakan sehingga 80 kali sebatan. Sebelum ini tiada Mahkamah yang menjatuhkan hukuman sebegitu walau pun Mahkamah Syariah sepatutnya menghukum mengikut hukuman Allah tetapi di Malaysia ini hukuman yang dikenakan tidak seperti yang ditetapkan Allah dalam Al-Quran dan Sunnah Rasulullah S.A.W.

Apabila Mahkamah Syariah Kuantan menjatuhkan hukuman sebat ke atas model tersebut, ini membuatkan saya terkejut. Bukan terkejut kerana hukuman tetapi terkejut kerana keberanian Hakim Mahkamah Syariah tersebut. Syabas kepada beliau.

Kedua, saya mengatakan sebarang bentuk hukuman yang dikenakan samada denda, sebatan atau penjara, semuanya hendaklah dalam bentuk untuk memberi pengajaran kepada pesalah, bukannya untuk mendera atau menyebabkan kecederaan kepada pesalah. Hukuman di dalam Islam adalah untuk memberikan pengajaran kepada pesalah dan khalayak supaya menginsafi perbuatan itu.

Di dalam kes ini, saya berpendapat masyarakat umumnya masih tidak memahami kaedah bagaimana sebatan ke atas pesalah dilakukan. Adakah ianya dilakukan sama seperti pesalah-pesalah jenayah lain di dalam undang-undang jenayah sivil. Masyarakat umum mengetahui bagaimana hukuman sebat dilakukan ke atas pesalah jenayah sivil seperti di dalam kes pengedaran dadah, merogol, meliwat dan sebagainya.

Adakah hukuman sebat di Mahkamah Syariah dilakukan dengan kaedah yang sama? Inilah kebimbangan yang saya sebutkan kepada wartawan tersebut bimbang hukuman sebat ini dianggap sebagai hukuman Mahkamah Sivil sehingga memberi tanggapan buruk kepada Mahkamah Syariah, lebih-lebih lagi yang dihukum seorang wanita. Ini yang perlu diperjelaskan. Inilah maksud saya bila saya mengatakan hukuman sepatutnya untuk tujuan pengajaran, bukan untuk mendatangkan kecederaan. Saya merujuk kepada "Titiwangsa MP Lo'lo Mohd Ghazali, who is also head of the women's wing of the opposition PAS, said that punishment should educate and not cause hurt."

Artikel ini dengan jelas tidak tepat kerana saya bukan Ketua Muslimat PAS seperti yang didakwa. Justeru saya mengharapkan agar tiada pihak yang sewenang-wenangnya mempercayai sebarang tulisan di akhbar sebelum mendapat maklumat secukupnya. Saya kira sudah sampai masanya pihak berkuasa di Malaysia iaitu UMNO/BN “merotan” Pengurus MAS yang menyebabkan semua mereka yang berada dalam satu-satu penerbangan terlibat secara langsung dengan arak, iaitu dari pramugara/i yang hidang arak sehinggalah pilot yang mengemudi kapal terbang tersebut. Begitu juga perlu “disebat” pihak yang terbabit berpuluh-puluh tahun membiarkan orang-orang Islam terlibat secara langsung dengan arak di hotel-hotel, 7- Eleven, pasaraya-pasaraya dan pekerja-pekerja Islam di kilang Carlberg.

Akhir sekali, SYABAS KEPADA MAHKAMAH SYARIAH KUANTAN dan Syukur Alhamdulillah kepada Puan Kartika Sari Dewi Shukarnor yang telah menginsafi perbuatan tersebut. Moga Allah menerima taubat hambaNya yang menyesali kesalahan. DI SINI SAYA LONTARKAN PERSOALAN INI KEPADA SEMUA ORANG ISLAM DI MALAYSIA, SIAPAKAH YANG SEPATUTNYA DISEBAT DALAM ISU ARAK DI MALAYSIA??...

*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Tuesday, July 21, 2009

A sad day for Malaysians

From:


This has been going on for far too long. The MACC acts like God. They kidnap families and torture those they arrest. They threaten those they interrogate with death if they refuse to talk.

THE CORRIDORS OF POWER
by Raja Petra Kamarudin

READ ARTICLE ONLINE

The writing was already on the wall very much earlier. Alarm bells were wailing like banshees. But this was largely ignored. It was ignored because it was Malaysia Today that had triggered the alarm bells. Malaysia Today is not the most reliable source. It does not offer the best of information. What Malaysia Today dabbles in are rumours and innuendoes.

When the Anti-Corruption Agency, now called the MACC, kidnapped the family of a police inspector, Malaysia Today raised the alarm. They had kidnapped the wife and child of a police inspector who had investigated a Chinese underworld boss on the instructions of a higher-up with the rank of ASP.

The inspector was just doing what his boss had ordered him to do, and that was to open a file and launch an investigation into the activities of the Chinese prostitution, loan shark, drugs and gambling syndicate. And this resulted in the detention of three syndicate bosses.
What the MACC wanted the police inspector to do was quite simple. They wanted him to change his report so that the three underworld bosses can be freed from detention.

And he would have to do that if he wants to secure the release of his family.

The police inspector refused to do that. Instead, he made a police report. And so did his wife. But nothing was done about the matter. The MACC officers were not arrested and dragged to court on kidnapping charges.

The MACC then leaked information to the media that they are investigating a very senior police officer, the Director of the CCD, for the crime of not declaring RM27 million worth of assets. The fact that MACC investigations come under the Official Secrets Act was not a hindrance. After all, the OSA is only used against opposition supporters and not against those who serve those who walk in the corridors of power.

Nevertheless, the Director of the CCD was finally not charged for not declaring RM27 million in assets. He was charged for using police property for his personal reasons, something that all government officers, ministers and politicians do blatantly every day of the week. But his real crime is that he detained several Chinese underworld bosses who control the prostitution, loan shark, drugs and gambling business all over Malaysia.

Then they arrested the lawyer who acted for the CCD Director. The MACC officers came to his office on the eve of Hari Raya and handcuffed him after roughing him up like one would do to an armed bank robber. To ensure that the lawyer suffered the greatest embarrassment this Hollywood-style arrest was done in full view of the entire office.

Malaysia Today wrote about all this. Malaysia Today not only wrote about all this but Malaysia Today repeated the stories again and again to make sure no one would say they somehow missed the story. But still nothing was done. No one denied the story. More importantly, no one did anything about what Malaysia Today revealed.

The MACC has been a tool of those who walk in the corridors of power for a long, long time. Officially, Barisan Nasional has 14 component members with Umno as the lead partner. Unofficially, Barisan Nasional has seventeen component members. The Election Commission is the fifteenth component member of Barisan Nasional, the Malaysian police the sixteenth, and the MACC the seventeenth. They all serve the interests of Umno and the Prime Minister.

The writing was already on the wall very much earlier. Alarm bells were wailing like banshees. But this was largely ignored. It was ignored because it was Malaysia Today that had triggered the alarm bells. Malaysia Today is not the most reliable source. It does not offer the best of information. What Malaysia Today dabbles in are rumours and innuendoes.

“Where is the smoking gun?” they ask. “Show me the body!” they demand. No gun, no body, then no crime has been committed.

Well, today, there is a body. It is the body of a most unfortunate Chinese opposition member who was arrested and tortured by the MACC officers. Yes, he was tortured. And he was tortured because the MACC wanted him to talk.

But he could not talk. He could not talk because there was nothing to talk about. The MACC wanted him to finger his comrades in the opposition. They wanted him to implicate his friends in the opposition for various crimes that the MACC alleges had been committed by those in the opposition.

He tried to explain that he is not being stubborn. He tried to explain that no crime had been committed. He tried to explain that he could not possibly implicate his comrades in the opposition for various crimes if these crimes are merely a figment of the MACC’s imagination.

So they continued to torture him. And he could no longer stand the torture. After all, he is not the macho type of man. He is but a gentle man who only wanted to get married this weekend. That was all that he wanted.

They threatened to kill him if he refuses to talk. With tears running down his cheeks he begged for mercy and pleaded with them not to harm him. They threatened to throw him off the top floor if he refuses to talk. Sobbing like a baby he went down on his knees and begged for his life.

They dragged him across the room and opened the window. Then something went terribly wrong. It was supposed to be just a threat. They just wanted to put fear in him. They did not really want to throw him off the top floor. They just wanted him to see what the ground floor looks like from the top floor.

The unfortunate young man panicked. He went ballistic when he saw the distance he would have to travel before hitting the ground floor. He struggled. They could not hold onto him. Gravity took over and the life of this young man was prematurely snuffed out.

The MACC then announced that they had released him the night before. They failed to announce that they had not released him from custody but released him from this world. Then they suddenly found his body the day after. He jumped. He committed suicide. He took his own life. He was never tortured. He was not dragged to the window with the threat that they would teach him how to fly.

This has been going on for far too long. The MACC acts like God. They kidnap families and torture those they arrest. They threaten those they interrogate with death if they refuse to talk.

And now one young man has really died. But no one will be punished. No one will be punished because they will say the young man took his own life. Why he took his own life no one knows. He was never tortured. He was never threatened with death. He was not made to look how far down the ground floor is. He was not accidentally dropped when he panicked and struggled and they could not get a good grip on him.

That is what they will be telling you and me later today.

*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Friday, June 5, 2009

An Appeal For Peace by Obama

Full speech can be read here.

Obama: "Stop the Settlements"

President Obama's speech in Egypt today was a stunning step toward achieving Middle East peace. His first new move: to press Israel's right-wing government to stop their self-destructive policy of building settlements on Palestinian land.

But Obama needs help from around the world to face down the powerful opposition already mobilising against him.

Let's raise a massive global chorus immediately to support Obama’s statement that the settlements in occupied territory must stop, by joining our voices to a petition based on his very own words.

We’ll advertise the number of signatures in key papers in Israel and Washington DC – support Obama’s message now, sign the petition below and spread the word today:

Petition to the Government of Israel and the
United States Congress:

In the words of President Obama, just as Israel's right to exist cannot be denied, neither can Palestine's. We do not accept the legitimacy of continued settlements in the West Bank. They violate previous agreements and undermine efforts to achieve peace. It is time for these settlements to stop.


To help Obama achieve his brave words, click here.

*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Obama's Cairo Speech

Window Into Palestine.

Obama's Cairo Speech [FULL TRANSCRIPT]

PRESIDENT OBAMA: Thank you very much. Good afternoon. I am honored to be in the timeless city of Cairo, and to be hosted by two remarkable institutions. For over a thousand years, Al-Azhar has stood as a beacon of Islamic learning; and for over a century, Cairo University has been a source of Egypt's advancement. And together, you represent the harmony between tradition and progress. I'm grateful for your hospitality, and the hospitality of the people of Egypt. And I'm also proud to carry with me the goodwill of the American people, and a greeting of peace from Muslim communities in my country: Assalaamu alaykum. (Applause.) We meet at a time of great tension between the United States and Muslims around the world -- tension rooted in historical forces that go beyond any current policy debate. The relationship between Islam and the West includes centuries of coexistence and cooperation, but also conflict and religious wars. More recently, tension has been fed by colonialism that denied rights and opportunities to many Muslims, and a Cold War in which Muslim-majority countries were too often treated as proxies without regard to their own aspirations. Moreover, the sweeping change brought by modernity and globalization led many Muslims to view the West as hostile to the traditions of Islam.

Violent extremists have exploited these tensions in a small but potent minority of Muslims. The attacks of September 11, 2001 and the continued efforts of these extremists to engage in violence against civilians has led some in my country to view Islam as inevitably hostile not only to America and Western countries, but also to human rights. All this has bred more fear and more mistrust.

So long as our relationship is defined by our differences, we will empower those who sow hatred rather than peace, those who promote conflict rather than the cooperation that can help all of our people achieve justice and prosperity. And this cycle of suspicion and discord must end.

I've come here to Cairo to seek a new beginning between the United States and Muslims around the world, one based on mutual interest and mutual respect, and one based upon the truth that America and Islam are not exclusive and need not be in competition. Instead, they overlap, and share common principles -- principles of justice and progress; tolerance and the dignity of all human beings.

I do so recognizing that change cannot happen overnight. I know there's been a lot of publicity about this speech, but no single speech can eradicate years of mistrust, nor can I answer in the time that I have this afternoon all the complex questions that brought us to this point. But I am convinced that in order to move forward, we must say openly to each other the things we hold in our hearts and that too often are said only behind closed doors. There must be a sustained effort to listen to each other; to learn from each other; to respect one another; and to seek common ground. As the Holy Koran tells us, "Be conscious of God and speak always the truth." (Applause.) That is what I will try to do today -- to speak the truth as best I can, humbled by the task before us, and firm in my belief that the interests we share as human beings are far more powerful than the forces that drive us apart.

Now part of this conviction is rooted in my own experience. I'm a Christian, but my father came from a Kenyan family that includes generations of Muslims. As a boy, I spent several years in Indonesia and heard the call of the azaan at the break of dawn and at the fall of dusk. As a young man, I worked in Chicago communities where many found dignity and peace in their Muslim faith.

As a student of history, I also know civilization's debt to Islam. It was Islam -- at places like Al-Azhar -- that carried the light of learning through so many centuries, paving the way for Europe's Renaissance and Enlightenment. It was innovation in Muslim communities -- (applause) -- it was innovation in Muslim communities that developed the order of algebra; our magnetic compass and tools of navigation; our mastery of pens and printing; our understanding of how disease spreads and how it can be healed. Islamic culture has given us majestic arches and soaring spires; timeless poetry and cherished music; elegant calligraphy and places of peaceful contemplation. And throughout history, Islam has demonstrated through words and deeds the possibilities of religious tolerance and racial equality. (Applause.)

I also know that Islam has always been a part of America's story. The first nation to recognize my country was Morocco. In signing the Treaty of Tripoli in 1796, our second President, John Adams, wrote, "The United States has in itself no character of enmity against the laws, religion or tranquility of Muslims." And since our founding, American Muslims have enriched the United States. They have fought in our wars, they have served in our government, they have stood for civil rights, they have started businesses, they have taught at our universities, they've excelled in our sports arenas, they've won Nobel Prizes, built our tallest building, and lit the Olympic Torch. And when the first Muslim American was recently elected to Congress, he took the oath to defend our Constitution using the same Holy Koran that one of our Founding Fathers -- Thomas Jefferson -- kept in his personal library. (Applause.)

So I have known Islam on three continents before coming to the region where it was first revealed. That experience guides my conviction that partnership between America and Islam must be based on what Islam is, not what it isn't. And I consider it part of my responsibility as President of the United States to fight against negative stereotypes of Islam wherever they appear. (Applause.)

But that same principle must apply to Muslim perceptions of America. (Applause.) Just as Muslims do not fit a crude stereotype, America is not the crude stereotype of a self-interested empire. The United States has been one of the greatest sources of progress that the world has ever known. We were born out of revolution against an empire. We were founded upon the ideal that all are created equal, and we have shed blood and struggled for centuries to give meaning to those words -- within our borders, and around the world. We are shaped by every culture, drawn from every end of the Earth, and dedicated to a simple concept: E pluribus unum -- "Out of many, one."

Now, much has been made of the fact that an African American with the name Barack Hussein Obama could be elected President. (Applause.) But my personal story is not so unique. The dream of opportunity for all people has not come true for everyone in America, but its promise exists for all who come to our shores -- and that includes nearly 7 million American Muslims in our country today who, by the way, enjoy incomes and educational levels that are higher than the American average. (Applause.)

Moreover, freedom in America is indivisible from the freedom to practice one's religion. That is why there is a mosque in every state in our union, and over 1,200 mosques within our borders. That's why the United States government has gone to court to protect the right of women and girls to wear the hijab and to punish those who would deny it. (Applause.)

So let there be no doubt: Islam is a part of America. And I believe that America holds within her the truth that regardless of race, religion, or station in life, all of us share common aspirations -- to live in peace and security; to get an education and to work with dignity; to love our families, our communities, and our God. These things we share. This is the hope of all humanity.

Of course, recognizing our common humanity is only the beginning of our task. Words alone cannot meet the needs of our people. These needs will be met only if we act boldly in the years ahead; and if we understand that the challenges we face are shared, and our failure to meet them will hurt us all.

For we have learned from recent experience that when a financial system weakens in one country, prosperity is hurt everywhere. When a new flu infects one human being, all are at risk. When one nation pursues a nuclear weapon, the risk of nuclear attack rises for all nations. When violent extremists operate in one stretch of mountains, people are endangered across an ocean. When innocents in Bosnia and Darfur are slaughtered, that is a stain on our collective conscience. (Applause.) That is what it means to share this world in the 21st century. That is the responsibility we have to one another as human beings.

And this is a difficult responsibility to embrace. For human history has often been a record of nations and tribes -- and, yes, religions -- subjugating one another in pursuit of their own interests. Yet in this new age, such attitudes are self-defeating. Given our interdependence, any world order that elevates one nation or group of people over another will inevitably fail. So whatever we think of the past, we must not be prisoners to it. Our problems must be dealt with through partnership; our progress must be shared. (Applause.)

Now, that does not mean we should ignore sources of tension. Indeed, it suggests the opposite: We must face these tensions squarely. And so in that spirit, let me speak as clearly and as plainly as I can about some specific issues that I believe we must finally confront together.

The first issue that we have to confront is violent extremism in all of its forms.

In Ankara, I made clear that America is not -- and never will be -- at war with Islam. (Applause.) We will, however, relentlessly confront violent extremists who pose a grave threat to our security -- because we reject the same thing that people of all faiths reject: the killing of innocent men, women, and children. And it is my first duty as President to protect the American people.

The situation in Afghanistan demonstrates America's goals, and our need to work together. Over seven years ago, the United States pursued al Qaeda and the Taliban with broad international support. We did not go by choice; we went because of necessity. I'm aware that there's still some who would question or even justify the events of 9/11. But let us be clear: Al Qaeda killed nearly 3,000 people on that day. The victims were innocent men, women and children from America and many other nations who had done nothing to harm anybody. And yet al Qaeda chose to ruthlessly murder these people, claimed credit for the attack, and even now states their determination to kill on a massive scale. They have affiliates in many countries and are trying to expand their reach. These are not opinions to be debated; these are facts to be dealt with.

Now, make no mistake: We do not want to keep our troops in Afghanistan. We see no military -- we seek no military bases there. It is agonizing for America to lose our young men and women. It is costly and politically difficult to continue this conflict. We would gladly bring every single one of our troops home if we could be confident that there were not violent extremists in Afghanistan and now Pakistan determined to kill as many Americans as they possibly can. But that is not yet the case.

And that's why we're partnering with a coalition of 46 countries. And despite the costs involved, America's commitment will not weaken. Indeed, none of us should tolerate these extremists. They have killed in many countries. They have killed people of different faiths -- but more than any other, they have killed Muslims. Their actions are irreconcilable with the rights of human beings, the progress of nations, and with Islam. The Holy Koran teaches that whoever kills an innocent is as -- it is as if he has killed all mankind. (Applause.) And the Holy Koran also says whoever saves a person, it is as if he has saved all mankind. (Applause.) The enduring faith of over a billion people is so much bigger than the narrow hatred of a few. Islam is not part of the problem in combating violent extremism -- it is an important part of promoting peace.

Now, we also know that military power alone is not going to solve the problems in Afghanistan and Pakistan. That's why we plan to invest $1.5 billion each year over the next five years to partner with Pakistanis to build schools and hospitals, roads and businesses, and hundreds of millions to help those who've been displaced. That's why we are providing more than $2.8 billion to help Afghans develop their economy and deliver services that people depend on.

Let me also address the issue of Iraq. Unlike Afghanistan, Iraq was a war of choice that provoked strong differences in my country and around the world. Although I believe that the Iraqi people are ultimately better off without the tyranny of Saddam Hussein, I also believe that events in Iraq have reminded America of the need to use diplomacy and build international consensus to resolve our problems whenever possible. (Applause.) Indeed, we can recall the words of Thomas Jefferson, who said: "I hope that our wisdom will grow with our power, and teach us that the less we use our power the greater it will be."

Today, America has a dual responsibility: to help Iraq forge a better future -- and to leave Iraq to Iraqis. And I have made it clear to the Iraqi people -- (applause) -- I have made it clear to the Iraqi people that wepursue no bases, and no claim on their territory or resources. Iraq's sovereignty is its own. And that's why I ordered the removal of our combat brigades by next August. That is why we will honor our agreement with Iraq's democratically elected government to remove combat troops from Iraqi cities by July, and to remove all of our troops from Iraq by 2012. (Applause.) We will help Iraq train its security forces and develop its economy. But we will support a secure and united Iraq as a partner, and never as a patron.

And finally, just as America can never tolerate violence by extremists, we must never alter or forget our principles. Nine-eleven was an enormous trauma to our country. The fear and anger that it provoked was understandable, but in some cases, it led us to act contrary to our traditions and our ideals. We are taking concrete actions to change course. I have unequivocally prohibited the use of torture by the United States, and I have ordered the prison at Guantanamo Bay closed by early next year. (Applause.)

So America will defend itself, respectful of the sovereignty of nations and the rule of law. And we will do so in partnership with Muslim communities which are also threatened. The sooner the extremists are isolated and unwelcome in Muslim communities, the sooner we will all be safer.

The second major source of tension that we need to discuss is the situation between Israelis, Palestinians and the Arab world.

America's strong bonds with Israel are well known. This bond is unbreakable. It is based upon cultural and historical ties, and the recognition that the aspiration for a Jewish homeland is rooted in a tragic history that cannot be denied.

Around the world, the Jewish people were persecuted for centuries, and anti-Semitism in Europe culminated in an unprecedented Holocaust. Tomorrow, I will visit Buchenwald, which was part of a network of camps where Jews were enslaved, tortured, shot and gassed to death by the Third Reich. Six million Jews were killed -- more than the entire Jewish population of Israel today. Denying that fact is baseless, it is ignorant, and it is hateful. Threatening Israel with destruction -- or repeating vile stereotypes about Jews -- is deeply wrong, and only serves to evoke in the minds of Israelis this most painful of memories while preventing the peace that the people of this region deserve.

On the other hand, it is also undeniable that the Palestinian people -- Muslims and Christians -- have suffered in pursuit of a homeland. For more than 60 years they've endured the pain of dislocation. Many wait in refugee camps in the West Bank, Gaza, and neighboring lands for a life of peace and security that they have never been able to lead. They endure the daily humiliations -- large and small -- that come with occupation. So let there be no doubt: The situation for the Palestinian people is intolerable. And America will not turn our backs on the legitimate Palestinian aspiration for dignity, opportunity, and a state of their own. (Applause.)

For decades then, there has been a stalemate: two peoples with legitimate aspirations, each with a painful history that makes compromise elusive. It's easy to point fingers -- for Palestinians to point to the displacement brought about by Israel's founding, and for Israelis to point to the constant hostility and attacks throughout its history from within its borders as well as beyond. But if we see this conflict only from one side or the other, then we will be blind to the truth: The only resolution is for the aspirations of both sides to be met through two states, where Israelis and Palestinians each live in peace and security. (Applause.)

That is in Israel's interest, Palestine's interest, America's interest, and the world's interest. And that is why I intend to personally pursue this outcome with all the patience and dedication that the task requires. (Applause.) The obligations -- the obligations that the parties have agreed to under the road map are clear. For peace to come, it is time for them -- and all of us -- to live up to our responsibilities.

Palestinians must abandon violence. Resistance through violence and killing is wrong and it does not succeed. For centuries, black people in America suffered the lash of the whip as slaves and the humiliation of segregation. But it was not violence that won full and equal rights. It was a peaceful and determined insistence upon the ideals at the center of America's founding. This same story can be told by people from South Africa to South Asia; from Eastern Europe to Indonesia. It's a story with a simple truth: that violence is a dead end. It is a sign neither of courage nor power to shoot rockets at sleeping children, or to blow up old women on a bus. That's not how moral authority is claimed; that's how it is surrendered.

Now is the time for Palestinians to focus on what they can build. The Palestinian Authority must develop its capacity to govern, with institutions that serve the needs of its people. Hamas does have support among some Palestinians, but they also have to recognize they have responsibilities. To play a role in fulfilling Palestinian aspirations, to unify the Palestinian people, Hamas must put an end to violence, recognize past agreements, recognize Israel's right to exist.

At the same time, Israelis must acknowledge that just as Israel's right to exist cannot be denied, neither can Palestine's. The United States does not accept the legitimacy of continued Israeli settlements. (Applause.) This construction violates previous agreements and undermines efforts to achieve peace. It is time for these settlements to stop. (Applause.)

And Israel must also live up to its obligation to ensure that Palestinians can live and work and develop their society. Just as it devastates Palestinian families, the continuing humanitarian crisis in Gaza does not serveIsrael's security; neither does the continuing lack of opportunity in the West Bank. Progress in the daily lives of the Palestinian people must be a critical part of a road to peace, and Israel must take concrete steps to enable such progress.

And finally, the Arab states must recognize that the Arab Peace Initiative was an important beginning, but not the end of their responsibilities. The Arab-Israeli conflict should no longer be used to distract the people of Arab nations from other problems. Instead, it must be a cause for action to help the Palestinian people develop the institutions that will sustain their state, to recognize Israel's legitimacy, and to choose progress over a self-defeating focus on the past.

America will align our policies with those who pursue peace, and we will say in public what we say in private to Israelis and Palestinians and Arabs. (Applause.) We cannot impose peace. But privately, many Muslims recognize that Israel will not go away. Likewise, many Israelis recognize the need for a Palestinian state. It is time for us to act on what everyone knows to be true.

Too many tears have been shed. Too much blood has been shed. All of us have a responsibility to work for the day when the mothers of Israelis and Palestinians can see their children grow up without fear; when the Holy Land of the three great faiths is the place of peace that God intended it to be; when Jerusalem is a secure and lasting home for Jews and Christians and Muslims, and a place for all of the children of Abraham to mingle peacefully together as in the story of Isra -- (applause) -- as in the story of Isra, when Moses, Jesus, and Mohammed, peace be upon them, joined in prayer. (Applause.)

The third source of tension is our shared interest in the rights and responsibilities of nations on nuclear weapons.

This issue has been a source of tension between the United States and the Islamic Republic of Iran. For many years, Iran has defined itself in part by its opposition to my country, and there is in fact a tumultuous history between us. In the middle of the Cold War, the United States played a role in the overthrow of a democratically elected Iranian government. Since the Islamic Revolution, Iran has played a role in acts of hostage-taking and violence against U.S. troops and civilians. This history is well known. Rather than remain trapped in the past, I've made it clear to Iran's leaders and people that my country is prepared to move forward. The question now is not what Iran is against, but rather what future it wants to build.

I recognize it will be hard to overcome decades of mistrust, but we will proceed with courage, rectitude, and resolve. There will be many issues to discuss between our two countries, and we are willing to move forward without preconditions on the basis of mutual respect. But it is clear to all concerned that when it comes to nuclear weapons, we have reached a decisive point. This is not simply about America's interests. It's about preventing a nuclear arms race in the Middle East that could lead this region and the world down a hugely dangerous path.

I understand those who protest that some countries have weapons that others do not. No single nation should pick and choose which nation holds nuclear weapons. And that's why I strongly reaffirmed America's commitment to seek a world in which no nations hold nuclear weapons. (Applause.) And any nation -- including Iran -- should have the right to access peaceful nuclear power if it complies with its responsibilities under the nuclear Non-Proliferation Treaty. That commitment is at the core of the treaty, and it must be kept for all who fully abide by it. And I'm hopeful that all countries in the region can share in this goal.

The fourth issue that I will address is democracy. (Applause.)

I know -- I know there has been controversy about the promotion of democracy in recent years, and much of this controversy is connected to the war in Iraq. So let me be clear: No system of government can or should be imposed by one nation by any other.

That does not lessen my commitment, however, to governments that reflect the will of the people. Each nation gives life to this principle in its own way, grounded in the traditions of its own people. America does not presume to know what is best for everyone, just as we would not presume to pick the outcome of a peaceful election. But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people; the freedom to live as you choose. These are not just American ideas; they are human rights. And that is why we will support them everywhere. (Applause.)

Now, there is no straight line to realize this promise. But this much is clear: Governments that protect these rights are ultimately more stable, successful and secure. Suppressing ideas never succeeds in making them go away. America respects the right of all peaceful and law-abiding voices to be heard around the world, even if we disagree with them. And we will welcome all elected, peaceful governments -- provided they govern with respect for all their people.

This last point is important because there are some who advocate for democracy only when they're out of power; once in power, they are ruthless in suppressing the rights of others. (Applause.) So no matter where it takes hold, government of the people and by the people sets a single standard for all who would hold power: You must maintain your power through consent, not coercion; you must respect the rights of minorities, and participate with a spirit of tolerance and compromise; you must place the interests of your people and the legitimate workings of the political process above your party. Without these ingredients, elections alone do not make true democracy.

AUDIENCE MEMBER: Barack Obama, we love you!

PRESIDENT OBAMA: Thank you. (Applause.) The fifth issue that we must address together is religious freedom.

Islam has a proud tradition of tolerance. We see it in the history of Andalusia and Cordoba during the Inquisition. I saw it firsthand as a child in Indonesia, where devout Christians worshiped freely in an overwhelmingly Muslim country. That is the spirit we need today. People in every country should be free to choose and live their faith based upon the persuasion of the mind and the heart and the soul. This tolerance is essential for religion to thrive, but it's being challenged in many different ways.

Among some Muslims, there's a disturbing tendency to measure one's own faith by the rejection of somebody else's faith. The richness of religious diversity must be upheld -- whether it is for Maronites in Lebanon or the Copts in Egypt. (Applause.) And if we are being honest, fault lines must be closed among Muslims, as well, as the divisions between Sunni and Shia have led to tragic violence, particularly in Iraq.

Freedom of religion is central to the ability of peoples to live together. We must always examine the ways in which we protect it. For instance, in the United States, rules on charitable giving have made it harder for Muslims to fulfill their religious obligation. That's why I'm committed to working with American Muslims to ensure that they can fulfill zakat.

Likewise, it is important for Western countries to avoid impeding Muslim citizens from practicing religion as they see fit -- for instance, by dictating what clothes a Muslim woman should wear. We can't disguise hostility towards any religion behind the pretence of liberalism.

In fact, faith should bring us together. And that's why we're forging service projects in America to bring together Christians, Muslims, and Jews. That's why we welcome efforts like Saudi Arabian King Abdullah's interfaith dialogue and Turkey's leadership in the Alliance of Civilizations. Around the world, we can turn dialogue into interfaith service, so bridges between peoples lead to action -- whether it is combating malaria in Africa, or providing relief after a natural disaster.

The sixth issue -- the sixth issue that I want to address is women's rights. (Applause.) I know –- I know -- and you can tell from this audience, that there is a healthy debate about this issue. I reject the view of some in the West that a woman who chooses to cover her hair is somehow less equal, but I do believe that a woman who is denied an education is denied equality. (Applause.) And it is no coincidence that countries where women are well educated are far more likely to be prosperous.

Now, let me be clear: Issues of women's equality are by no means simply an issue for Islam. In Turkey, Pakistan, Bangladesh, Indonesia, we've seen Muslim-majority countries elect a woman to lead. Meanwhile, the struggle for women's equality continues in many aspects of American life, and in countries around the world.

I am convinced that our daughters can contribute just as much to society as our sons. (Applause.) Our common prosperity will be advanced by allowing all humanity -- men and women -- to reach their full potential. I do not believe that women must make the same choices as men in order to be equal, and I respect those women who choose to live their lives in traditional roles. But it should be their choice. And that is why the United States will partner with any Muslim-majority country to support expanded literacy for girls, and to help young women pursue employment through micro-financing that helps people live their dreams. (Applause.)

Finally, I want to discuss economic development and opportunity.

I know that for many, the face of globalization is contradictory. The Internet and television can bring knowledge and information, but also offensive sexuality and mindless violence into the home. Trade can bring new wealth and opportunities, but also huge disruptions and change in communities. In all nations -- including America -- this change can bring fear. Fear that because of modernity we lose control over our economic choices, our politics, and most importantly our identities -- those things we most cherish about our communities, our families, our traditions, and our faith.

But I also know that human progress cannot be denied. There need not be contradictions between development and tradition. Countries like Japan and South Korea grew their economies enormously while maintaining distinct cultures. The same is true for the astonishing progress within Muslim-majority countries from Kuala Lumpur to Dubai. In ancient times and in our times, Muslim communities have been at the forefront of innovation and education.



And this is important because no development strategy can be based only upon what comes out of the ground, nor can it be sustained while young people are out of work. Many Gulf states have enjoyed great wealth as a consequence of oil, and some are beginning to focus it on broader development. But all of us must recognize that education and innovation will be the currency of the 21st century -- (applause) -- and in too many Muslim communities, there remains underinvestment in these areas. I'm emphasizing such investment within my own country. And while America in the past has focused on oil and gas when it comes to this part of the world, we now seek a broader engagement.

On education, we will expand exchange programs, and increase scholarships, like the one that brought my father to America. (Applause.) At the same time, we will encourage more Americans to study in Muslim communities. And we will match promising Muslim students with internships in America; invest in online learning for teachers and children around the world; and create a new online network, so a young person in Kansascan communicate instantly with a young person in Cairo.

On economic development, we will create a new corps of business volunteers to partner with counterparts in Muslim-majority countries. And I will host a Summit on Entrepreneurship this year to identify how we can deepen ties between business leaders, foundations and social entrepreneurs in the United States and Muslim communities around the world.

On science and technology, we will launch a new fund to support technological development in Muslim-majority countries, and to help transfer ideas to the marketplace so they can create more jobs. We'll open centers of scientific excellence in Africa, the Middle East and Southeast Asia, and appoint new science envoys to collaborate on programs that develop new sources of energy, create green jobs, digitize records, clean water, grow new crops. Today I'm announcing a new global effort with the Organization of the Islamic Conference to eradicate polio. And we will also expand partnerships with Muslim communities to promote child and maternal health.

All these things must be done in partnership. Americans are ready to join with citizens and governments; community organizations, religious leaders, and businesses in Muslim communities around the world to help our people pursue a better life.

The issues that I have described will not be easy to address. But we have a responsibility to join together on behalf of the world that we seek -- a world where extremists no longer threaten our people, and American troops have come home; a world where Israelis and Palestinians are each secure in a state of their own, and nuclear energy is used for peaceful purposes; a world where governments serve their citizens, and the rights of all God's children are respected. Those are mutual interests. That is the world we seek. But we can only achieve it together.

I know there are many -- Muslim and non-Muslim -- who question whether we can forge this new beginning. Some are eager to stoke the flames of division, and to stand in the way of progress. Some suggest that it isn't worth the effort -- that we are fated to disagree, and civilizations are doomed to clash. Many more are simply skeptical that real change can occur. There's so much fear, so much mistrust that has built up over the years. But if we choose to be bound by the past, we will never move forward. And I want to particularly say this to young people of every faith, in every country -- you, more than anyone, have the ability to reimagine the world, to remake this world.

All of us share this world for but a brief moment in time. The question is whether we spend that time focused on what pushes us apart, or whether we commit ourselves to an effort -- a sustained effort -- to find common ground, to focus on the future we seek for our children, and to respect the dignity of all human beings.

It's easier to start wars than to end them. It's easier to blame others than to look inward. It's easier to see what is different about someone than to find the things we share. But we should choose the right path, not just the easy path. There's one rule that lies at the heart of every religion -- that we do unto others as we would have them do unto us. (Applause.) This truth transcends nations and peoples -- a belief that isn't new; that isn't black or white or brown; that isn't Christian or Muslim or Jew. It's a belief that pulsed in the cradle of civilization, and that still beats in the hearts of billions around the world. It's a faith in other people, and it's what brought me here today.

We have the power to make the world we seek, but only if we have the courage to make a new beginning, keeping in mind what has been written.

The Holy Koran tells us: "O mankind! We have created you male and a female; and we have made you into nations and tribes so that you may know one another."

The Talmud tells us: "The whole of the Torah is for the purpose of promoting peace."

The Holy Bible tells us: "Blessed are the peacemakers, for they shall be called sons of God." (Applause.)

The people of the world can live together in peace. We know that is God's vision. Now that must be our work here on Earth.

Thank you. And may God's peace be upon you. Thank you very much. Thank you. (Applause.)

*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Monday, May 4, 2009

KEPUTUSAN YANG MEMBIMBANGKAN SEMUA PIHAK

From:

KEPUTUSAN YANG MEMBIMBANGKAN SEMUA PIHAK


Masyarakat Islam arus perdana amat terkejut dengan kenyataan yang dikeluarkan oleh Menteri Di Jabatan Perdana Menteri Datuk Seri Nazri Aziz bahawa Jemaah Menteri telah bersetuju memutuskan kanak-kanak mesti kekal menganut agama asal ketika ibubapanya berkahwin walaupun salah seorang pasangan itu menukar agama.
Keputusan yang dibuat oleh jemaah menteri dikatakan sebagai langkah penyelesaian jangka panjang berhubung isu pertikaian status agama kanak-kanak berkenaan apabila ibu atau bapa mereka menukar agama.

Keputusan Jemaah Menteri ini sangatlah dikesali malah menimbulkan lebih banyak persoalan atau lebih tepat mengundang kontroversi!
Manifestasi kekesalan ini dizahirkan apabila lebih seratus NGO Islam dari seluruh negara berkumpul menyatakan bantahan mereka semalam (Jumaat).
Persatuan Peguam Syarie Malaysia (PGSM) juga melalui Timbalan Presidennya Musa Awang telah mengeluarkan kenyataan membantah keputusan tersebut. PGSM adalah NGO pertama yang menyuarakan kekesalan mereka.

Bagi memahami implikasi keputusan jemaah menteri ini beberapa perkara perlu diperincikan terlebih dahulu terutamanya kedudukan perlembagaan, undang-undang dan hukum syarak. Sebenarnya terdapat tiga perkara utama yang terkesan daripada keputusan ini iaitu berkaitan dengan pembubaran perkahwinan, agama anak dan pemeliharaan Anak.

Pembubaran Perkahwinan
Di dalam perkahwinan sivil yang didaftarkan melalui Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 pembubaran perkahwinan hanya boleh berlaku jika perkahwinan itu telah pecahbelah dan tidak dapat diselamatkan lagi.

Perkara ini termaktub di dalam seksyen 52 Akta tersebut. Seksyen 51 Akta yang sama pula menjelaskan jika salah seorang pasangan itu memeluk Islam, pasangan yang tidak memeluk Islam itu boleh memfailkan petisyen pembubaran perkahwinan menurut seksyen berkenaan selepas tiga bulan pasangannya memeluk Islam.

Ini bermakna petisyen perceraian atas alasan pemelukan agama Islam hanya boleh difailkan oleh pasangan yang tidak memeluk agama Islam sahaja.

Selagi dia tidak memfailkan petisyen perceraian tersebut perkahwinan sivilnya bersama pasangan yang telah memeluk Islam tetap dianggap sah di bawah akta tersebut.

Jelaslah di sini ketidakadilan begitu ketara berlaku kepada pasangan yang memeluk Islam itu memandangkan beliau langsung tidak mempunyai locus standi (hak untuk mengambil tindakan atau mencabar keputusan) untuk memfailkan petisyen perceraian berdasarkan seksyen tersebut.

Namun Mahkamah Syariah menurut Jadual Kesembilan Senarai 2 Butiran I Perlembagaan Persekutuan, boleh membuat penentuan sesuatu perkara mengenai hukum dan doktrin syarak. Seksyen 46(2) Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 menepati semangat Perlembagaan Persekutuan ini dengan memberi kuasa kepada Mahkamah Syariah membuat penentuan mengikut hukum syarak apakah kedudukan perkahwinan tersebut.

Seksyen 46(2) tersebut memperuntukkan jika salah satu pihak kepada sesuatu perkahwinan bukan Islam memeluk Islam, maka perbuatan yang demikian tidak boleh dengan sendirinya berkuatkuasa membubarkan perkahwinan itu melainkan dan sehingga disahkan oleh Mahkamah. (Mahkamah di sini bermaksud mahkamah syariah).
Seolah-olah terdapat polemik di sini di mana kedua-dua mahkamah mempunyai bidangkuasa. Oleh yang demikian terdapatlah cadangan seksyen di atas ditiadakan bagi menyelesaikan kemelut ini. Tetapi sebenarnya bukan hanya seksyen tersebut sahaja perlu dipinda malah seksyen yang sama di negeri-negeri lain juga perlu dipinda dan mendapat perkenan Raja-Raja Melayu. Namun lazimnya ia mungkin satu jalan yang tidak mudah untuk digapai.

Sebenarnya tatkala seseorang itu telah memeluk Islam sudah pasti Perlembagaan Persekutuan memberi jaminan kepada mualaf itu mengamalkan agamanya termasuklah undang-undang diri seperti munakahat (perkahwinan). Tindakan mengheret mualaf ini ke Mahkamah Sivil merupakan pelanggaran hak kebebasan beragama bagi mualaf ini.

Seorang yang sudah mendapat hidayah daripada Allah s.w.t sudah tentu tidak mahu balik ke zaman jahiliyahnya kembali. Inilah hak yang perlu dipertahan oleh kerajaan dan bukan merobek hak ini atas alasan yang picisan yang tidak selaras dengan Perlembagaan.

Membawa orang bukan Islam ke Mahkamah Syariah pula bukanlah suatu perkara yang mudah kerana kebiasaannya orang bukan Islam enggan hadir ke Mahkamah Syariah atas alasan tidak mahu tertakluk kepada undang-undang Islam. Sedangkan apa yang diputuskan oleh Mahkamah Syariah hanyalah membuat perisytiharan di sisi hukum syarak, mengenai apakah kedudukan perkahwinan tersebut sahaja.

Lalu amatlah tidak wajar mualaf ini dinafikan hak ini. Hakikatnya ialah sebahagian orang bukan Islam tidak mengiktiraf langsung kewujudan Mahkamah Syariah ini. Mereka tidak mahu membantu Mahkamah Syariah memberi keputusan yang adil. Mereka sanggup memberi keterangan di medan media tetapi tidak di Mahkamah Syariah. Mahkamah Syariah adalah sebahagian dari system perundangan negara yang sah. Tidak ada seorangpun terutama atas nama “1 Malaysia” boleh memperlekehkan mahkamah Syariah.

Agama Anak
Perkara 12(3) Perlembagaan Persekutuan menyatakan tiada seorangpun boleh dikehendaki menerima ajaran sesuatu agama atau mengambil bahagian dalam apa-apa upacara atau upacara sembahyang sesuatu agama, selain agamanya sendiri.
Perkara 12(4) pula menegaskan bagi maksud Perkara 12(3) di atas, agama bagi seseorang yang di bawah umur lapan belas tahun hendaklah ditetapkan oleh ibu atau bapanya atau penjaganya.

Perkara 12(4) ini telah ditafsirkan oleh penghakiman mahkamah tertinggi negara iaitu Mahkamah Persekutuan di dalam kes Subahsini mlwn Saravanan.
Di mana mahkamah tersebut telah memutuskan bahawa salah seorang (bukan kedua) ibu bapa boleh menentukan keIslaman anak tersebut.

Peruntukan Perkara 12(4) dan juga tafsiran yang dibuat oleh Mahkamah Persekutuan tersebut sebenarnya selaras dengan Hukum Syarak. Sebenarnya telah disepakati di kalangan ulamak bahawa apabila salah seorang ibubapa bukan Islam memeluk Islam, anak di bawah umur mereka itu disifatkan sebagai Islam.
Ini adalah kerana anak yang dilahirkan itu adalah fitrah, dan fitrah di sini bermaksud Islam.

Undang-Undang Syariah ditegakkan berasaskan kepada Al Maqasid Al Syariah. Terdapat lima al maqasid al syariah (objektif syariah) iaitu menjaga agama (hifz al din), nyawa (hifz al nafs), keturunan (hifz an nasab), akal (hifz al aql) dan harta (hifz al mal).
Bagi mencapai maqasid ini umat Islam dipertanggungjawabkan memelihara kelima-lima perkara ini termasuklah menjaga agama dan keturunan. Oleh yang demikian agama anak itu hendaklah mengikut mana-mana ibubapa yang Islam. Umat Islam tidak dapat menerima sekiranya al maqasid al syariah ini tidak dapat dicapai.

Alasan Nazri agar mengikut 'common sense' (logik akal) adalah terlalu dangkal. Dalam undang-undang kita tidak boleh berdasarkan logik akal semata kerana dikhuatiri akan lebih menjerumus kepada kepentingan yang berpihak. Ada asas dan falsafah yang perlu ditafsirkan dan dihayati. Sebagai perbandingannya jika kita menggunakan ‘common sense’ tersebut, adakah kita boleh dianggap tidak melakukan kesalahan trafik apabila melanggar lampu isyarat merah atas alasan tiada kenderaan yang melintasi di hadapan kita? Walaupun pada “common sense” pemandu itu tidak bersalah tetapi undang-undang mempunyai falsafahnya tersendiri bagi mengawal kemaslahatan (kebaikan) sejagat. Apatah lagi 'common sense' yang dicetuskan oleh keputusan tersebut itu melanggar hukum syarak.

Keputusan jemaah menteri ini, tidak boleh mengatasi peruntukan Perkara 12(4) dan tafsiran yang dibuat dalam kes Subahsini.

Jemaah menteri juga sebagai badan eksekutif tidak boleh mencampuri urusan kehakiman (sama ada sivil ataupun syariah) apatah lagi mengganggu keputusan mahkamah dengan mengeluarkan kenyataan bertentangan dengan keputusan mahkamah.

Seharusnya segala ruang yang dibenarkan oleh undang-undang diambil bagi menangani permasalahan ini dan bukan melalui campur tangan eksekutif yang secara langsung merujuk kepada kes Muhammad Ridzuan tersebut.

Pemeliharaan Anak
Mengenai pemeliharaan anak pula. Sudah menjadi amalan di Mahkamah Syariah dan Mahkamah Sivil bahawa kebajikan anak mengatasi hak ibu atau bapa. Di dalam memutuskan hak jagaan anak sudah tentulah faktor mengenai kebajikan anak ini di titikberatkan. Kebajikan anak ini termasuklah permasalahan akidah, tumbesaran dan pembelajaran anak tersebut. Perkara sebegini boleh diputuskan oleh Mahkamah. Hak memelihara anak ini biasanya diputuskan setelah mengambil kira keperluan dan kebajikan anak.

Namun apa yang berlaku ialah masyarakat bukan Islam atas sebab-sebab tertentu terlalu takutkan Mahkamah Syariah dan menganggap Mahkamah Syariah hanya mempertahankan hak orang Islam sahaja. Sudah dibuktikan di dalam beberapa kes di Mahkamah Syariah, keputusan yang dikeluarkan oleh Hakim Syarie tidak memihak kepada orang Islam semata-mata tetapi memihak kepada keadilan.

Berbalik kepada keputusan jemaah menteri seperti yang dilaporkan oleh kebanyakan media hari ini, amat jelas keputusan tersebut gagal mempertahankan kelebihan agama Islam sebagai agama Persekutuan. Keputusan tersebut menyamatarafkan Islam dengan agama-agama lain dan perkara ini tidak dapat diterima oleh masyarakat Islam arus perdana.

NGO-NGO Islam juga mempersoalkan keputusan Jemaah Menteri yang dibuat itu langsung tidak mengambil kira pandangan NGO-NGO Islam. Dalam masa yang sama pula pihak kerajaan termasuk Timbalan Perdana Menteri telah berjumpa dengan NGO bukan Islam mengenai kes yang tersebut di atas.

Tiada usaha untuk mendapatkan pandangan NGO Islam (yang berjumlah hampir 100 pertubuhan) dilakukan bagi mendapat pandangan mereka sebelum keputusan dibuat.

Malah ada beberapa NGO Islam cuba untuk bertemu dengan kepimpinan kerajaan tetapi tidak dapat direalisasikan. Seharusnya pihak kerajaan lebih peka dengan sensitiviti umat Islam khususnya masyarakat saudara baru. Suara mereka harus didengar terlebih dahulu sebelum sebarang keputusan yang membabitkan mereka dibuat. Hak mereka untuk didengar (audi alteram partem) oleh pimpinan kerajaan sudah tiada lagi. Dimanakah audi alteram partem itu?

Justeru untuk memberikan kebaikan kepada semua pihak adalah lebih baik kepada kerajaan supaya menarik keputusan berhubung kes Mohd. Ridzuan ini. Lebih-lebih lagi bagi memelihara keharmonian dan perpaduan dalam masyarakat berbilang bangsa, kaum dan agama ini.

Ini kerana jika dilaksanakan juga, diyakini ia akan berlarutan dan tidak menemukan jalan penyelesaian secara tuntas apabila secara terang keputusan itu begitu bertentangan dengan Perlembagaan dan tidak selaras dengan keputusan kes Subahsini sebelum ini.

Malah jika bercakap soal kemanusiaan, pastinya si ibu yang masih beragama Hindu itu akan lebih menikmati keadilan dan haknya sebagai seorang ibu tidak akan dinafikan. Ini kerana sesuai dengan Firman Allah dalam Surah Al Baqarah ayat 256 yang bermaksud;

"Tidak ada paksaan dalam agama (Islam), kerana sesungguhnya telah nyata kebenaran (Islam) daripada kesesatan (kufur). Oleh itu, sesiapa yang tidak percayakan Taghut, dan ia pula beriman kepada Allah, maka sesungguhnya ia telah berpegang kepada simpulan (tali agama) yang teguh, yang tidak akan putus. Dan (ingatlah), Allah Maha Mendengar lagi Maha Mengetahui."

Malah jika kerajaan mengambil pendekatan untuk berbincang dan berkerjasama dengan para ulama, pakar perundangan Islam sehinggalah termasuk NGO-NGO berkaitan pasti kerajaan tidak perlu bersusah payah sehingga perlu melakukan sebarang pindaan terhadap undang-undang apa tah lagi membabitkan Undang-undang Syarie.

Ditulis oleh Zainul Rijal Abu Bakar, penulis adalah Setiausaha Agong Peguam Pembela Islam.

***.***.***

* Bekas Mufti Perak, Dr Asri Zainul Abidin, turut memberi pandangnya di sini.

*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Wednesday, January 28, 2009

Tafsiran Apa Ini??

Berita di bawah merupakan satu berita yang telah tersebar meluas semenjak beberapa tahun kebelakangan ini. Walau demikian, masih terdapat ramai yang belum mengetahui perihalnya, lalu ianya disiarkan di sini dari petikan blog Cap'n Calico Jack's Blog.


Tafsiran Apa Ini??

Posted in Maklumat with tags on January 26, 2009 by Cap'n Calico Jack

Den telah menerima beberapa gambar melalui e-mel tentang suatu diayah yang amat berbahaya kepada orang Islam.

Cuba lihat gambar-gambar ini [klik untuk imej besar]

Tafsir Palsu 1

Tafsir Palsu 1

Tafsir Palsu 2

Tafsir Palsu 2

Imej pertama kononnya memaparkan Suratul Fatihah dalam bahasa Inggeris. Imej kedua pun mempunyai ‘tafsiran.’ Tafsiran bahasa Inggeris den kira diambil dari penterjemahan Abdullah Yusuf Ali. Den dah semak.

Adakah tafsirannya betul?.

Muka Depan

Muka Depan

Penipu yang mengeluarkan risalah ini telah meletak ‘ayat-ayat tafsiran’ secara ‘cut-and-paste’ untuk mengelirukan umat Islam.

Adakah dakyah yang sama di belakang usaha keras untuk menggunakan perkataan ‘Allah’ untuk buku mereka?

Dengar syarahan Allahyarham Ahmad Deedat mengenai diayah ini

URL alternatif: http://purl.oclc.org/BLOG/public1


*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Tuesday, January 20, 2009

A Malaysian Voice for Gaza

On her own initiative, Tehsin, has launched her own petition on Gaza here. Please spare a few minutes of your time to read the petition below and sign it here, in the name of all just and humane. For Muslims, in the name of Allah s.w.t. It is, the very least we can do. And do read her posting here as well when you have the time and tell others about this petition as well. Thank you.


To: of the Prosecutor, International Criminal Court

Appeal for Intenational Criminal Court Chief Prosecutor to Investigate War Crimes and Crimes Against Humanity in Gaza.

ATTN: Office of the Prosecutor, International Criminal Court
Mr. Luis Moreno-Ocampo, Prosecutor
Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
Email: otp.informationdesk@icc-cpi.int
i.int
Phone: Tel. + 31 (0)70 515 851


We the undersigned citizens of Malaysia/International Community hereby formally petition you to investigate and prosecute any and all government officials named for heinous war crimes, crimes against humanity and other criminal acts of commission and omission by Shimon Peres, Ehud Olmert, Tzipi Livni, George W. Bush, Hosni Mubarak, Dick Cheney and Condoleeza Rice who have participated directly or indirectly in War Crimes in Gaza.

The Israeli military, aided indirectly and directly through munitions supply by the United States of America are accused of:

• Using powerful shells in civilian areas sending blast and shrapnel over a wide area which the army knew would cause large numbers of innocent casualties;

• Using banned weapons such as phosphorus bombs which inflict horrific burns; and testing powerful new explosives such as DIME which cause the massive injuries and amputations as described by Gaza doctors and by a previous Al-Jazeera report;

• Holding Palestinian families as human shields;

• Attacking medical facilities, including the killing of 12 ambulance men in marked vehicles;

* Shooting civilian men, women and children in cold blood after asking them to leave their homes or as they seek refuge in shelters. One case out of many was that of Haneen al-Batran, a nine year old girl who was shot in the face and abdomen by Israeli snipers as her family ran to the Al-Quds hospital in Tel al-Hawa. She died later.

* Prohibiting rescue services to attend to the dead, injured and trapped for days, as in the case of the Al-Samouni family in Zeitoun which is only one uncovered so far in many of such incidents and the sad case of Shad, a four year old Palestinian girl killed in her backyard in Jabalya and her body left for the dogs to eat by Israeli soldiers who shot at her family attempting to retrieve it for 5 days, resulting in another two family members being shot dead (more eyewitness accounts of other cases have been reported in Free Gaza, Window on Palestine and Al Jazeera sources);

• Killing large numbers of policemen who had no military role;

* Shelling designated UN facilities which served as safe havens for the displaced fleeing from indiscriminate bombings;

* Targeting UN aid convoys and destroying badly needed food, water medical and fuel supplies;

* Bombing mosques, universities, schools and hospitals, cemeteries and infrastructure with lame excuses of "militant" activity;

* Imprisoning terrorised, starved and injured civilians in a small open air "prison" with no safe haven to flee by blockading and sealing off borders and shelling them indiscriminately. In the latest UNHCR newsletter, a high ranking official stated that; Gaza (is): "The only conflict in the world in which people are not even allowed to flee" - High Commissioner Guterres

* Total disregard and impudence towards a democratically elected government of the people of Gaza;

* The continued harassment and instilment of fear by low-flying drones, fighter jets, helicopters, and movement of tanks in civilian areas despite a unilateral ceasefire;

* A hugely disproportionate "retaliatory" campaign against rocket threats; threats which were falsely used as a pretext for the latest invasion when it has been clear that Israel violated the previous existing ceasefire agreement.

* The continued unjust imprisonment and deprivation of the Palestinian population by a continued siege and economic and physical blockade of Gaza and the destruction of tunnels used to funnel necessities to enable decent living conditions.

In short, as an occupying power, Israel has totally and willfully violated its obligations, with the full support of the United States of America, as to protect the occupied citizens of Gaza and violated the Geneva conventions and the Statutes laid out in Article 8 of the International Criminal Court by the deliberate and sustained targeting of civilians and humanitarian aid workers, halting the full delivery of much needed aid to Gaza, and totally destroying the infrastructure in Gaza which will cost billions to rebuild and which is almost impossible to do so, due to the blockade, thus rendering the population homeless and open to the risks of the natural elements of extreme weather, abscence sanitation, healthcare, education, food, water and any economic activity.

These and numerous other war crimes must be investigated and the perpetrators brought to justice to ensure that all international laws are respected and there exist no avenue and space for any nation to act with such total impunity and disregard for other nations and peoples and that regard for the sanctity of human lives and property and the environment be preserved. We cannot allow the law of the jungle and barbarism to continue to prevail in this day and age.

What has occurred in Gaza, and is still continuing, is a crime against humanity and a test of our own.

We the undersigned citizens demand a full and thorough investigation immediately This investigation should be pursued no matter where it may lead and no matter what the political implications may be. To this end, we remind you that you work not on behalf of the United States of America of for Israel but for Justice itself.

Thank you.

Sincerely,



*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Wednesday, January 14, 2009

George Galloway On Gaza

From Information Clearing House




*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

We will not go down (Song for Gaza)



*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Are We Not Human?



*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Gaza : A Scene Of Devastation


Al Jazeera's Ayman Mohyeldin reports on the public who are struggling to cope under the bombardment in Gaza


*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Israel admits: "No Hamas rockets were fired during ceasefire"


The Israeli Spokesman (Australian born!) Merk Regev, accepts that Hamas did NOT violate the Ceasefire UNTIL AFTER Israel attacked the Gaza Strip on the 4th November! This proves that it was ISRAEL that broke the ceasefire!


*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

A Message from a Gazan to the World


By Mohammed Fares Al Majdalawi

I want to write about the suffering of my people and my family in these days of siege against the people of Gaza. 888 people have been killed and more than 3700 injured. The Red Cross has accused the Israeli military of repeatedly refusing to allow ambulances to go to Zeitoun area, so those who are injured become those who die; a premeditated and purposeful violation of human rights.In my house we can't get basic needs. No food. No bread. No fuel. No future. Yesterday, my father went to the bakery at 5 AM. He waited 5 hours to get one loaf of bread, which is not enough for my family because there are 11 of us. So today it was my turn. I went to all the bakeries -- all were closed.

There is no safe place we can go. We cannot communicate with our relatives and friends -- networks are down as missiles rain on our homes, mosques and even hospitals.

Our life is centered around the burials of those who have died, our martyrs, At night our camp, Jabalya Refugee Camp, is a ghost town, with no sounds other than those of Israeli military aircraft.

There is a horror in every minute and it is clear especially in the lives of children. For example, there were five sisters in one family killed from the Israeli occupation while they stayed in their home. But there are 800,000 other children in Gaza, all afraid, all waiting for someone or something to help them. They are caught in a prison that is becoming a concentration camp. Every day we sleep and open our eyes to the Israeli crimes of killing children and women and destroying civilians' homes. My words are unable to convey my feelings about this life in Gaza.

I have two messages to the world, to those who claim they love peace and seek freedom.

Imagine your life consisting of no electricity, destroyed homes, the sounds and strikes of missiles, day and night, and the only hunger as great as that for food is the hunger for an end to this occupation and siege. Imagine it is not just you but your children and your family who tell you through their eyes and cries: "We are afraid of the missiles." "We cannot sleep." "We may never sleep again." Imagine you are the dam and the river of blood has turned into a flash flood. How long could you stand it?

We wouldn't have to stand it any longer if the world stood with us. If they demanded an end to the siege and the killings and demolition of houses for our children. If they demanded assistance reach the people through rallies and sit-ins.

Finally, I invite you to come to Gaza and see the Holocaust. Because despite the siege, the barriers, the killing of my people and homes, and the total destruction of our lives by the Israeli occupation, they can not and will not kill the will of our people for equality and justice.

Mohammed Al Majdawali is a university student, member of Al-Assria Children's Library, and volunteer with Middle East Children's Alliance. He lives in Jabalya Refugee Camp with his family and aspires to be a professional filmmaker.

To help MECA send more medical aid to Gaza for thousands of sick and injured people living under siege, www.mecaforpeace.org


*Note: The link to www.mecaforpeace.org does not seem to work. The owners have been informed and insyAllah, will rectify it.


*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

The Gaza Holocaust Continues Day 17th


Saed Bannoura

On the 17th day of the ongoing Israeli military offensive on the Gaza Strip, the Israeli Army carried further strikes on Monday morning, killing seven Palestinians, including two children and two women, in different parts of the Gaza Strip.

Medical sources reported that two residents, including a child, were killed in the northern part of the Gaza Strip. Their bodies were moved to Kamal Adwan Hospital.The sources added that a child of Dalloul family died of his wounds in al-Shifa Hospital in Gaza City. The child was wounded in overnight Israeli military shelling that targeted al-Zeitoun neighborhood in Gaza City; one woman was also killed in the shelling.

Also, Amal Mohammad Al Madhoun and another resident, who remained unidentified until the time of this report, were killed in another Israeli strike.

Resident, Shaiboub Shambaly died at a hospital in Beit Hanoun after he was seriously wounded in Beit Hanoun, in the northern part of the Gaza Strip.

Heavy clashes were reported in a number of areas in in the north and the south of Gaza City. The Israeli Air Force first shelled dozens of homes in the area before ground troops advanced inside the city.

Several neighborhoods were also shelled in the northern part of the Gaza Strip, including a home which belongs to Fady Al Amoudy, who was killed in the first days of the offensive. Al Amoudy is a member of Ayman Jouda Brigades, one of the resistance groups affiliated with the al-Aqsa brigades of the Fatah movement.

The shelling also targeted a home in Beit Lahia, and an organization that provides rehabilitation services to the wounded and handicapped residents.

The Israeli Army also shelled the al-Tuffah neighborhood, east of Gaza city and at least one shell struck al-Dorra Children's Hospital.

In Rafah, in the southern part of the Gaza Strip, the Israelis shelled areas close to the Philadelphi Route, causing excessive damage.

In Khan Younis, also in the southern part of the Gaza Strip, the Israeli Army shelled a number of homes, especially in Khuza'a area; several homes caught on fire.



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Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Tuesday, January 13, 2009

Getting away with murder


Julia Irwin

YOU'VE got to hand it to the Israeli public relations flacks: only they could convince you that killing children was an act of self-defence.

As the recent bombing of Gaza began, Israeli Foreign Minister Tzipi Livni gave instructions for the Foreign Ministry to take "emergency measures to adapt Israel's public relations to the ongoing escalation in the Gaza Strip". Livni went on to call for foreign language speakers to put Israel's case to the world.

In Australia, the ABC relies for "independent" comment on the smooth Mark Regev, an official spokesman for the Israeli Government, and Martin Indyk, a former official of the American Israel Public Affairs Committee.

It's the oldest trick in the book: if they look and sound like us, we are more likely to be sympathetic towards them. Anyone putting an alternative view is immediately cast as anti-Semitic. Our media glibly accept the excuses of the Israeli public relations machine and ignore the horrific realities of Israel's barbaric behaviour in Gaza.

It's the same in most Western countries - the groundwork has been laid and the responses of world leaders are predictable. When the Israeli attacks began, right on cue Western leaders regretted the killing of children but in the same breath condemned Palestinians for firing rockets from their walled ghetto into Israel.

While French President Nicolas Sarkozy called for an immediate ceasefire by both sides, US President George Bush and British Prime Minister Gordon Brown called only for Hamas to halt rockets fired from Gaza. They did not call for Israel to halt its bombing.

There was a lot of handwringing by world leaders but no tough talk when it came to the bombing of the Islamic University of Gaza or the killing of 40 civilians in a United Nations school. We saw the same during the 2006 Israeli war against Lebanon.

It all reminds me of an old story from the days of the Roman Empire. The Emperor Nero was upset that his prized lions were being distressed by Christians who ran away from them in the Colosseum. Nero ordered that at the next circus a Christian was to be buried up to his neck in the sand to make things easier for the lions. When the lions entered the ring, the biggest and meanest saw the hapless condemned, swaggered over and stood astride the Christian's head, roaring for approval from the crowd. At that moment, the Christian craned his neck and bit off the lion's testicles. The crowd was shocked. "Fight fair! Fight fair!" they yelled.

It seems that no matter what injustice Palestinians have suffered in the past 60 years, they should be grateful for the privilege of being able to live under the jackboot of Israeli occupation.

For three years since daring to democratically elect a government not favoured by Israel or the US, the people of Gaza have been subjected to a starvation blockade. Yet the civilised world has barely raised a note of concern. Is this the standard by which we judge the behaviour of nations? We talk about Darfur and Zimbabwe but say little of the gross abuse of human rights that occurs daily in the illegally occupied territories of the West Bank and Gaza. Our double standards have made a mockery of the doctrine of humanitarian intervention.

Our failure to condemn the totally disproportionate, not to say illegal, attacks by the Israeli Defence Force has changed the way conflict is regarded around the world. Last August, Russia employed the same tactics in its attack on Georgia as Israel did against Lebanon.

Neither Russia nor China sought UN Security Council emergency meetings in response to the Israeli attacks on Gaza. What happens in the Middle East today sets the standard for the world. And that applies to weapons as well as tactics.

Using cluster bombs or phosphorus bombs against civilian targets is perfectly legal if you can believe the Israeli Defence Force.

Assassinating Hamas leaders during a ceasefire does not constitute a breach. Collective punishments against communities, obstructing medical and humanitarian relief - all part of Israel's tactics - could now be considered acceptable behaviour in national and international conflict.

How can we criticise brutal regimes elsewhere in the world when we condone worse atrocities when they are committed by Israel? The Security Council has become a laughing stock. The Secretary-General is a pathetic figure reduced to faint pleas for a ceasefire while UN personnel are murdered on the ground in Gaza. And who will pick up the pieces when the bloodshed has finally stopped? The rest of the world will, of course. Through the world's contributions to the UN, its largest budget item is the UN Relief and Works Agency. With an annual $700 million budget going to support Palestinian refugees, the biggest component is being spent on Gaza.

Even before the Israeli bombing and invasion of Gaza, the UN Human Rights Council Special Rapporteur responsible for reporting on conditions in the occupied territories, Richard Falk, was denied entry to Gaza.

Last month, Falk called for an International Criminal Court investigation to determine whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law.

To that long list of war crimes and crimes against humanity we can now add the atrocities committed in this recent invasion. But, with its superior public relations forces, Israel can easily deflect concern about its barbaric assault.

And will the world call Israel's leaders to account for their crimes? Not likely. Western leaders - including Australia's - will merely call on Palestinians to fight fair.

Julia Irwin is Federal MP for the NSW seat of Fowler and a member of the Parliament's Palestinian Friendship Group.



*****.*****

Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)

Why does Israel have a right to exist, but Palestine doesn’t?



Paul Craig Roberts

This is the question of our time.

For sixty years Israelis have been stealing Palestine from Palestinians. There are maps available on the Internet and in Israeli publications showing the shrinkage over time of what was once Palestine into what Palestine is today--a small number of unconnected ghettos or bantustans. Palestine became “the occupied territory” from which Palestinians were ejected and Israeli settlements built for “settlers.” Jordan, Syria and Lebanon are full of refugee camps in which Palestinians driven off their lands by Israeli force have been living for decades.

Driving people off their land is strictly illegal under international law, but Israel has been getting away with it for decades.

Gaza is a concentration camp of 1.5 million Palestinians who were driven from their homes and villages and collected in the Gaza Ghetto.

The United Nations Relief and Works Agency was created 60 years ago in
1949 to administer refugee camps for Palestinians driven from their lands by Israel. As of 2002, the registered Palestinian refugee population was 3.9 million.

Caterpillar Tractor makes a special bulldozer for Israel that is designed to knock down Palestinian homes and to uproot their orchards. In 2003 an American protester, Rachel Corrie, stood in front of one of these Caterpillars and was run over and crushed.

Nothing happened. The Israelis can kill whomever they want whenever they want.

They have been doing so for 60 years, and they show no sign of stopping.

Currently they are murdering women and children in the ghetto that they have created for Palestinians in Gaza. The entire world knows this. The Red Cross protests it. But the Israelis brazenly claim that they are killing “Hamas terrorists who are a threat to Israel’s existence.”

The American media knows that this is a lie, but does not say so.

Israel has been able to slowly exterminate a people for sixty years without provoking sufficient outrage to stop it.

The United States, “Christian America,” has been Israel’s greatest enabler in its long-term murder of the Palestinian people. Millions of “evangelical Christians” endorse Israel’s ethnic cleansing of Palestine.

The rest of the world condemns the Israeli military attack on the Gaza Ghetto. Last week the United Nations Security Council passed a resolution requiring a ceasefire and the withdrawal of the Israeli SS from Gaza.

The United States abstained.

While the rest of the world condemns Israel’s inhumanity, the US Congress--I should say the US Knesset--rushed to endorse the Israeli slaughter of the Palestinians in Gaza.

The US Senate endorsed Israel’s massacre of Palestinians with a vote of 100-0.

The US House of Representatives voted 430-5 to endorse Israel’s massacre of Palestinians.

The resolutions endorsed by 100% of the US Senate and 99% of the House were written by AIPAC, as were the speeches praising Israel for its inhumanity.

The US Congress was proud to show that it is Israel’s puppet even when it comes to murdering women and children.

The President of the United States was proud to block effective action by the UN Security Council by ordering the Secretary of State to abstain.

Be a Proud American. Swagger and strut. Pretend that you are not besmirched by the shame that your government has heaped upon you. Take refuge in your ignorance, fostered by 60 years of Israeli lies, that the murder of Palestinians and the theft of their lands is “Israel’s right of self-defense.”



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Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."

(Muttafaq 'alaih)