How To Beat A Bully

How To Beat A Bully.

Have u heard the joke 0f Saydina Umar r.a.
It is like this,everyone knows how serious he was when executing and discharing his duties as a caliph.'there was a annual sports meet between kabilah during his reign,all the kabilah took part coming from various islamic nation.He arrive as guest of honor, sitting next to him was Khalid Ibni AlWalid.
Upon seeing group of men on the sight, there was one massively built masculine man from Hafshahi ie.Sryia now.
Big,black massively huge as to compare to his size.Something like the size of Badang I suppose.
Turning to Khalid Ibni Walid his brother in arms,Syadina Umar asked him
"..Khalid is that huge blackman, god is the same as my god........"
The question raise rouses among those presence.
Being the serious Khalifah witnessing and observing in detail the personality of his subject his comment had had everyone laughing
in stiches.Knowing fully well Omar is one hell of a no nonsense amir.

Yes my man,congratulation...face it.
Islam is ilm'alhaq over ilm'alyakin and ilm an'nas.
Look every one eye to eye and you will win. Insyallah.

Quoting Zora NealeHurston
"I love myself the most when I am laughing."

You Dont Have to Dear?

You Don't Have To .....Dear......

we don't need "ART" for a few...
we don't need "Education" for a few....
and we don't need "Freedom" for a few....

The Law Is Above You! Above Law?????

"Never Be so High the Law is Above You"
"The King is under no man but under God and the Law
because the Law make the King"


It is a good thing for the Government to be seen to be kind, caring and compassionate, but it is quite another to send the a wrong message that offenders are above the law because punishment can be postponed or ameliorated. This undermines the rule of law.THE concept of the rule of law, which is the fourth guiding principle of our Rukun Negara, can be explained in many ways. But perhaps it is best explained and summed up in the words of Thomas Fuller, who said more than 300 years ago, "Be you never so high, the law is above you."Those words were quoted by Lord Denning, the most celebrated English judge of the 20th century.It was in a case brought by one Mr Gouriet in 1977 when the Attorney-General refused to give him consent to institute relator proceedings to injunct the Union of Post Office Workers from boycotting all postal communications between Britain and South Africa as such actions would constitute criminal offences under the Post Office Act 1953. When the Attorney-General argued that his discretion was absolute and not subject to judicial review, Lord Denning had this to say, and he said it acerbically:"What is to be done about it? Are the courts to stand idly by? Is the Attorney-General to be the final arbiter whether the law should be enforced or not? "It is a matter of great constitutional principle. If the Attorney-General refuses to give his consent to the enforcement of the criminal law, then any citizen in the land can come to the courts and ask that the law be enforced. "This is an essential safeguard; for were it not so, the Attorney-General could, by his veto, saying ‘I do not consent’, make the criminal law of no effect."Confronted with a powerful subject whom he feared to offend, he could refuse his consent time and time again. Then that subject could disregard the law with impunity. "It would indeed be above the law. This cannot be permitted. "To every subject in this land, no matter how powerful, I would use Thomas Fuller’s words over 300 years ago: ‘Be you never so high, the law is above you’."I quoted too Fuller’s words in my letter to the New Straits Times (Parliament, the law and justice for all, Dec 12, 1992) during the constitutional crisis that Rulers were not above the law and if they were, it was because the law had decreed it so and such law could be changed by Parliament.This echoed the words of Henry Bracton that "the king is under no man but under God and the law because the law makes the king".Indeed it sounds really good when one recites Fuller’s words aloud, but just how good is it when you reflect upon your many dealings with our public institutions? I need only to expound on three scenarios.Have you ever heard anyone say any of these?• "If you like to get this matter approved or resolved by that government department, you need to approach A."• "If your case is before that judge, it may be wise to engage lawyer B as others will often get a shelling from the judge."Or have you ever noticed any of these?• You queue up for hours for your turn to be served at a counter in a government office when someone who is known to the pengarah just walks into his office and gets his things done in a matter of minutes.• A so-and-so person can walk in and out of that public official’s office as if it is his second home.Or have you ever experienced this?Your application is rejected but after the intervention of an influential friend of yours, it is approved. One then asks if approval can ultimately be given due to the intervention of a "well-connected" person, is the rejection of your original application not devoid of any good reason?But this is Malaysia, as many would tell you. They would also tell you that you would not be able to survive here if you want to rely solely on your ideals to make a living.According to them, we can talk and almost everything is negotiable, and we can even talk our way out of many laws.But how true are these statements?Well, I do not think they are spurious as the above non-exhaustive scenarios go to show that the way our laws are administered very much depend on who you know and not what you know. Hence if a fresh practitioner in any field cannot work through the system unless he first gets to know the official personally, then something is very wrong with our system of public administration.To my mind, if our public institutions give preferential treatment to those who are rich and powerful who possess "strong connections", then this non-legal route is against the principle of the rule of law which requires everyone to be treated equally.In other words, all persons who are in a similar position should be treated similarly; otherwise such practices will breed a culture of patronage and encourage corrupt practices in our official dealings with government departments.Affording equal treatment stems from the principle of equality before the law which is one of the cardinal ingredients of the rule of law. It is enshrined in Article 8 of the Federal Constitution which also states, inter alia, that no one is to be discriminated on the grounds of religion, race, descent, place of birth or gender unless expressly authorised by the Constitution. As Sultan Azlan Shah once said in one case involving a prince, "This equality of all in the eyes of law minimises tyranny."The next ingredient of the rule of law is that enforcement of laws requires decisiveness and finality, unless there are compelling reasons to the contrary.I have often been embarrassed trying to explain to my foreign friends why our Government is in the habit of extending the moratorium periods for traffic offenders to pay up their fines or illegal immigrants to leave the country.It has come to such a state that these offenders and immigrants take it lightly when the Government next announces the date when they will mobilise forces to apprehend them, as if another postponement to enforcement date is predictable.This is actually an affront to all law-abiding citizens who pay their fines promptly and the foreigners who did not overstay.It has become almost like a joke for an offender to say, "It is still early to pay the fine. I shall wait till they announce that discounts will be given or that I should pay by a certain date to avoid prosecution."It is a good thing for the Government to be seen to be kind, caring and compassionate, but it is quite another to send the wrong message that offenders are above the law because punishment can be postponed or ameliorated. This undermines the rule of law.In fact, enforcing laws is not in any way different from dispensing justice. I am aware of the words of Abraham Lincoln that mercy bears richer fruits than strict justice. Indeed justice and mercy are two virtues which often conflict with one another. But if the rule of law is compromised, dispensation of justice will not be possible.One should not make it so excusable for infidelity to law; otherwise as Abraham Lincoln himself admitted:"He reminds me of the man who murdered both his parents, and then when sentence was about to be pronounced, pleaded for mercy on the grounds that he was an orphan."During the nude-squat Commission of Inquiry proceedings in December, Chief Inspector Abdul Aziz Abdul Rahman, the officer-in-charge of the Petaling Jaya District Police Headquarters, when asked why accused persons had to do squats in the nude, answered that "this was the tradition or heritage" even though the Lock-Up Rules were silent on ear-squats. Likewise, civil servants in some government departments interpret internal guidelines as if they have the force of law when such guidelines are not subsidiary legislation.These are unlawful practices which are unfortunately practised against those who are not conversant with their legal rights thereby permitting the officials to act above the law. The problem is compounded when such officials do not even know that these administrative practices and guidelines already entrenched in the system, are in fact not laws.Dear Malaysians, our country is governed by the rule of law and not rule the law. No one is above the law, and everyone should be treated equally in their dealings with our public institutions. There is not supposed to be one law for the rich and powerful and another for the poor and oppressed.So, the next time anyone should come along and say to you, "Do you know who I am?" I hope you would find Fuller’s words useful, "Be you never so high, the law is above you."

*extract from NST 29th.Jan 2006*



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When - Sampai Bila ?

Bila Mana (when)

Bilamana mata melihat......
semua layu serta kaku....

Bilamana suara bergema..
akan terbenam segala ketakutan..

Bila mana telinga mula mendengar
Seluroh umat pasti dalam kesenyuman.

Bellinger v Belingger

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT
IN THE CAUSE

Bellinger (FC) (Appellant) v. Bellinger

LORD NICHOLLS OF BIRKENHEAD


My Lords,
Can a person change the sex with which he or she is born? Stated in an over-simplified and question-begging form, this is the issue raised by this appeal. More specifically, the question is whether the petitioner, Mrs Elizabeth Bellinger, is validly married to Mr Michael Bellinger. On 2 May 1981 Mr and Mrs Bellinger went through a ceremony of marriage to each other. Section 1(c) of the Nullity of Marriage Act 1971, re-enacted in section 11(c) of the Matrimonial Causes Act 1973, provides that a marriage is void unless the parties are 'respectively male and female'. The question is whether, at the time of the marriage, Mrs Bellinger was 'female' within the meaning of that expression in the statute. In these proceedings she seeks a declaration that the marriage was valid at its inception and is subsisting. The trial judge, Johnson J, refused to make this declaration: see [2001] 1 FLR 389. So did the Court of Appeal, by a majority of two to one: see [2001] EWCA Civ 1140 , [2002] 2 WLR 411. The majority comprised Dame Elizabeth Butler-Sloss P and Robert Walker LJ. Thorpe LJ dissented.
In an alternative claim, advanced for the first time before your Lordships' House, Mrs Bellinger seeks a declaration that section 11(c) of the Matrimonial Causes Act 1973 is incompatible with articles 8 and 12 of the European Convention on Human Rights. The Lord Chancellor has intervened in the proceedings as the minister with policy responsibility for that statutory provision.
Mrs Bellinger was born on 7 September 1946. At birth she was correctly classified and registered as male. That is common ground. For as long as she can remember, she felt more inclined to be female. She had an increasing urge to live as a woman rather than as a man. Despite her inclinations, and under some pressure, in 1967 she married a woman. She was then twenty one. The marriage broke down. They separated in 1971 and were divorced in 1975.
Since then Mrs Bellinger has dressed and lived as a woman. She underwent treatment, described below. When she married Mr Bellinger he was fully aware of her background. He has throughout been entirely supportive of her. She was described on her marriage certificate as a spinster. Apart from that, the registrar did not ask about her gender status, nor did Mrs Bellinger volunteer any information. Since their marriage Mr and Mrs Bellinger have lived happily together as husband and wife, and have presented themselves in this way to the outside world.

Well,well...well....that the story of half an man and half a woman!
Weird isn't it!..... but with due respect wobbling doubling
in the mind is dangerous.
Concious vs Desire are two diffrent methodology in approaching.
I ...say...body and soul are miles apart it is something like water and oil,
they by nature do not blend together.
Happy Hunting!!!

Good Old Monkey

Let's Mate..............Hmmmm.........

Ho...lal..lal (Laugh and Laugh) as suppose to lol (laugh out loud).If I may I would add another word to it (lolac)(laugh out loud and clear). What's in the head line the begining of 2006.I suppose "no news is a good news"
But wait a minute,there is one catches my eyes this morning in The Malay Mail which reads,

"....Let Mate.A Five years old bride Melly and seven years old groom Bima,
orang utans from Borneo were married in a Javanese wedding ceremony at
Taman Safari in Pasuruan,East Java yesterday.The pretend wedding was held to help
the pair produce an offspring.Wild population of orang utans are under severe
threat from habitat loss,illegal logging,fire and poaching".

Well.......all I can say..the least some of Charles Darwins theory on rare spices
and population density was right!

First Day to BHES 1966

Hmmm..........
I supposed everyone remember one first day in school
I think?
Its liked remembering the very first day of the year and every year we celebrated it.
Comes tomorrow paper with the headline, babies born on the new year.Take any newspaper in the world will be the same headlines.
Baby born,new year revellers,caught redhand live on new year I am sure ophs......some would never forgets they looses their v.... on the new year.
I saw in Oprah show some years back, Rod Steward was invited to her show.
There was this lady admmit, she lost her's after spending night out
listening to Rod's 'First Cut Is the Deepest'.
Oh.....la..la what a story ....

Well,back to the story board,
Mum enroll me to school B.H.E.S (Bandar Hilir English School) for my elementary education.
We had roti canai for breakfast,no such thing as cornflake for breakfast!!!Mum a working lady,got no time.
We marched thru' the school gate, holding tight her hands, before living the school compound and leaving me in the care of Mrs.Bala.

My goodness, I can even remember the good samaratian Mrs.Bala.
I supposed just like the southern legand band my all time fellowci Lynnard Skynnard name from Mr.Leonard Skinner the weird physic teacher.
I bet Allen Collin,Ed and Ronnie Van Zent would have a say about this if they were still alive!!!!!

Before depart mum firm words was......
"mie....didunia ini tidak ada tempat untuk orang yang tidak bersekolah......."
I can't translate what it means but let me assured you it hits me till today at 45 going 46.
That is for sure.

Back to the New Year revellers and resolution forget about if you are still 'talking the walk' or
are 'you talk the talk' or 'talk the walk'?

I took the walk to the Ibu Thein Memorial Meuseum while I was in Jakarta last 2 weeks.
To those whom does not know who Ibu Thein is,well....she's meet her lord.
She was the first lady of Indonesia.Everone knows the history.

Stepping into the gallery,a gallery full with presents, presented to her while she was the first lady by Head of States.
My oh my......the collection whooophs..........wow....
there is this massive big huge tree I reckon its Meranti or chengal,a size of a badminton court,a height a guess of at least 50 feet or more being on display.
The very least the age of the tree is 100 years old.
The amazing thing is the tree was dug deep and it roots are still hanging and left dry for the artistic effect.

The tree branches are left to natural dried.The miracle of the tree is, someone or rather a group of master craftmen was commission to crave the epic of Ramayana and Mahabrata on the tree trunk.
Yes....full story epic of the Hindu epic story on a tree trunk varnish to absolute perfect craft and presented to the late Ibu Thein as a present for X'mas. Wow.................stepping out of the gallary,reminds me of my mums firm advise on the first day in school .....
"didunia ini tidak ada tempat untuk orang yang tidak bersekolah".

The master craft who crafted that piece of epic,did really goes to school,
and school he does and no 'University' in this world would dare to challenge his ability on his
skills,patience,preserverence,deternimation on his mastercraftmenship.


But what wonder me most is why chopped down a tree to give the first lady a X'mas present????
Is that an ego trip by the giver?The taker would gladly accepts it!
It is not polite not to accept a present given but I am sure the tree hurts when it was curved
and every body looking that dammed tree.
Might be his soul would crave out loud,
'.......look at me I'm no fool no more than you do?

I say.............Free Birdddddddd..........................

Story From The Street

Small......Big......Small.....Big.......Small Big!!!!!!!

Here in Malaysia small or big is refered to as a weekly lottery ticket bought over the any 4-digit Magnum out let.The minimun bet is RM1.00 and if your prediction of the 4 digits hit the jack-pot you stand a chances of winning I think its between $1,000.It depend on the amount of bets one bet to the prediction number.Does you believe the binary interlocking numbers.The lotto are drawn on that principle.

Malaysian has weird ways in betting particular some vodooo to strikes the winning numbers.Some goes to the extend of offering sprities for the predicted winning numbers.Some even goes to the extend of sleeping at the grave yard in hoping to get the winning number.
They believe or rather what ever we belief that the good sprite of the dead soul will inform the person via dreams that he is giving the winning number.How weird I find it.
How unlogical human can be.
However that is what they believe and we just has to respect what one belives..
To some, winning is everything and the only thing.To some, we win some we loss some.To some they are always the losser.
Some how, I find out that it is an honour to loss with dignity.
Head are held up and all we could say,
I strive and earn what ever I deserve and if faith take its toll that I am suppose to win or loss,so be it!

Sizes doesn't matter.Matter most is the whether the purpose of using it.
I am refering to the recent trend in town of small nice looking bike made in China.It is a battery operated motor bike of 50cc in capacity.Well fancy cruising on a 50cc Harley Davison "Fat Boy" version or speedy Motoguzzi.Not the original one of course but the small petit bike.
I must say it looks rather sleekly and tempting to have one.Another added adult toys.Toys meant for adult.Are we adult??
Open out our bags we could find all kind of gaggets named it I-pod, hand-phone,cam,v-tec,some I don't even know the usaged of those toys.
It's another human satement and to know a person whether a person is cool or not is by judging
what one uses in his everyday living.HP what HP,camera what camera,i-Pod what i-Pod
Weird???but it is true.Click here ...click there..camera..here camera there.

When Alexender G. Bell first invented telephone his precedent speech to his assistent was "Hello...
thus hell......oooooo makes the unversal word to mankind.Heaven above Hell below.
He didn't say shoo.........I believe if he uses the word shoot,I believe shoot....will become the unversal vocabuary to mankind.However,todays telephone or HP we has in our pocket of anyway, fill with added enhance performance, the standard opening conversation should be shooot instead of Hell......oooooooooo!!!!!

Toys will always be toys to us.It is the usage not being used!!!!!

Tok Wak and Awah Mak

Date.....What Date..............?
Another year another resolution!
Hmmm....another dairy....what non sense!!!! I can't remember anyone whom keep his dairy to the maximum filled with memos and important notes.
Who ever told you either his or her diary is full with squibble written in it is a " LIAR!"
Name it,high ranking officers,Prof,sales man,sales top management,lawyers or bloggers, most of our own personnel dairy is empty.
All we did perhaps was,jotting down our mum phone number for s.o.s reasons.
Some of us goes fanatically collecting diaries before new year.
At the end of the day the old collectable dairies would be left in dust.
However,let me tell you a real gentalman whom keep his diary full,each single day.
This is not a "bluff", he did and piles of the dairies is still stored away at my late grand mums attic.

My late grand father "Tok Wak" that is my mums dad.
Wow.....what a strict disciplinarian he is.All my mums sibling remembered the lesson well.
He being the Principle Head Inspector of Schools in Malacca my home town, knows him for the"No Nonsense" approach.Till now people remember"Cikgu Dollah Puchong"(Cikgu=teacher)Puchong was his nick name.Puchong is a bird similar to a swan.Long neck and long legs.
That is how my late grand dad looks like.Well built with long legs and long neck.The name stuck till this days,way pass his death in 1992 at 92.
The school teacher who plays the violin,not concerto on Bach Em off couse but simple tune to fill his time and an instrument to brings joy to the family.
Simple tune may be "Tudung Periok" or"Grand Dad,Duke of York".
To be honest I never had the chance to hear him playing.
According to my late grand mum ledgend he is quite a player.Use to play at
'Kenduri kawin' or at 'Mandi Safar'ie. something like the wedding reception or a local carnival celeberation the Muslim month of Safar.A teacher whom is the state champion in Billarda old hen on Keroncong.Keroncong is similar to the reaggae beat or perhaps the Hawaian music except it is a bit decent.

His diary is fill from 1952 till his weak hands began to trumble in early 1990.No joke,he still write till his last breath.Not a novel or anything inparticular important in nature but notes of what his children gave him,his children school fees reminder,notes on any kenduri (party)of families members,my late grandma doctors appointment,her due payment to the grocries shop or simple jotting of his daily spending expenditure.Yes triffty.
Off course he has to, being the bread winner with 10 schooling children, he has to be triffty.

Yes in the old days the credit system exist on trust.Now every single item is "CASH"
However it facinates me his passion and that still strikes me of what an extraordinary gentalmen,a low profiler in the society and yet kept his words and built relation on trust,and maintance his fine tuning with the family well,he is.I being the witness.
How many of us still do?

That is what I call "QUALITY "of a man.

Specking of quality....in "Zen The Art of Motor Cycle Maintance" I found this phrase to share with you bloggers...!

Lastely Happy New 2006,don't count the years just count the cries!!!!!

from Zen......'quality are internal and external aspects of the same thing.A person who sees Quality and feels it as he works,is a person who cares.A person who cares about what he sees and does,is a person whom is bound to have some characteristic of Quality....

And I say..........Iya.....

Al-Fatihah

Hj.Abdullah Hj.Md.Salleh and Hjh.Aminah Hj.Jamal

The Minang Connection

The "MINANG CONNECTION" aka France Connection 1 & 2


Well.......well, after the post mortem on Yasmin's "Sepet",
how very true the facts which are hidden and swept under the carpet all this years.
We are the lazy lot,unimaginative,unproductive,under achivers and most of all the bricking among us are stabbing and the bitching and clonning and many more.....are destroying us and laid a bad example to our juniors.

Copy the Minang "a good living example where hard working strive and bravery persist.Recorded history documented.that they are the pioneers and captain of the industry in all sector.
In field of education the name HAMKA,Agus Salim,Sheikh Sulaiman AlRasuli Candung,Hatta etc.is unanymous,failling to quote them means
you would fail in your history lesson.
In buisness go to Selayang,Gombak.Tampin,Chow Kit etc..you see them working day and night.Great risk taker and able sales man and women.
"Piti nun sikit dibawo pulang buek isteri di kampuang"
litery translate :"the little money is sent home for the wife and family.'

We need mentor and social mobiliser like Yasmin.
U-Wei.please stop day dreaming there is a line between cost effective and avant-grand but you are good.I am looking forward for Aflin Shuki's golden tourch,which he has.
Free art is at cost.All we need is a good script writer.
"Cara pengolahan bahasa dengan intonasi yang betul"(right methodology in speech intonation and proper usage of the language)

FINAS..............lessen the web scab of the industry.Let set the momento.Less politic could do.After all it merely a film, no moral judgement needed.
The whole idea is to get people to see and feel QUALITY ENTERTAINMENT and not some scum bag spitting in public gallary.

As Anite Brooker mention "...not until we learn the art of writing ,we would not be able to understand what we are writing"
It is some thing like writing with a cause not rebel without a cause!.

Again worklah MELAYU...................................AND WORK!!!!!!!!

Buya H.M.Nur AlRasuli

Dearest Papa,

Wow.......ages catches us fast.I was in Jakarta over the weekend.It was short visit,the main reasons is my dearest Papa whom is my idol ever since my childhood has to undergo a by-pass surgery.
He is 76.Jakarta has always been my 2nd.home every hook ' n' corner of Kedoya is back of my mind.
Yes my "asli" is Bukit Tinggi Sumatera Barat.The family tree branches from there.It was arwah atok Pakeh immgrated to Malaka as (atok pronounce Malacca as MaaaLaaKaa. with a thick minang accent)
In matter of faith and facts,atok is not the economic immgrants as todays most migrantes.He was sentence to excile by the Dutch Authorities for his refusal to compromise with the Dutch Colonisation.He was one of the "Pejuang Bangsa" under the banner of the Sharikat Islam far before Sukarno leads PNI.Together with his late father Sheikh Sulamai AlRasuli Candung,Agus Salim,Buya Hamka's and the Minangkabaui clan fought till their last breath for the proclamation of Indonesia Raya.

As faith has it tail,atok small part in the making of Independence Indonesia was abandone when he was sentence to excile in Malacca the one time empire of the Malay world.This was way back in the 20's.Atok was newly wed to arwah nenek Sayan, my beloved nenek,pass away when I was 8 years old.From that marriage they were bless with 4 children Ibu Emma the eldest,ayah my dad,om and antie.They to immgrated to Malacca except antie born in Malaysia follow suite atok after being excile a few years.All was educated in an English school.Mind you atok sending her eldest daughter Ibu Emma to Durian Daun English Girls School when most malay parents refuse to send their daughters to school fearing their sons or daughter would become a christian convert.Sush was the mentality of the Malays then.
I reckon atok being rasional and coming from a well educated and aristocrate family in Bukit Tinggi,in social status is address as Datok Pado Sakti Nan ALun and Temenggong Pakih.Even the family school which was been set by my moyang Sheikh Sulaiman AlRasuli still in existence in Candung ,Bukit Tinggi.dare to challenge the beggot mentality of the Malays at that particular era.

Living in excile means has to work and feed the family,atok make a living till he past away in 1983 by making songkok and capal.The master craft of the traditional head wear and sandal.The craft died with him and none of us cucu took the effort to master the craft.He love his shop at Kampong Jawa to the extend every single day the shop is open for buisness except the time the went to performed his Haj in 1974 or visiting Ibu Emma in Jakarta of kapulang Kampung.He remain bachelor till he past away.Back for Kedai atok will teache us and few other fellow kamponrian Koran from maghrib till isyak.He was well look up at by the orang-orang kampong being the wise of the clad.

.......to be continue

Jakarta

JAKARTA oh.......JAKARTA.


Yes...........Jakarta peace at last.

Aman kembali selepas bergelora seketika.
Ada-ada saja sengketa untuk mengporak - perandakan peradapan kita
Bukankah kita seagama,serumpun bangsa.
perlu apa jajahan asing
bukankan si-Negoro udah merintis jalan untuk kedaulatan

Wahai perosak manusia jangan di adu dumbakan lagi anak-anak kami
kami lali
kami muak
kami sangsi
kami sangsarai
segala perih letih meraih untuk sedikit kemudahan teknologi
buat hidup anak-ank kami
supaya belajar hidup rukun damai
mengejar cita dan harapan
membantu kami yang terluka
menghulur seberapa yang ada
untuk kami yang sentiasa lapar dan dahaga

Cuaca Jakarta mula cerah
telah terpahat segala pasrah
anak-anak kami mulai tahu
yang mana helang buana
yang mana singa rimba
yang mana tulen dan benar
yang mana bengkok dan yang mana kasar

Suara Jakarta mula lunak
jangan diserkapi hati yang malang
tajwid mulai kedengeran
begitu merdu lunankan suara azan
atas nama cinta
atas nama pencipta
atas nama kemanusiaan
atas nama pedoman

Jakarta tak perlu bergelora lagi
kita sama kita tidak perlu sangsi
perlu apa pada gangsi
tak akan hilang iman yang sebati.

Jakarta oh Jakarta
Kota mu mengajar
manusia merendahkan diri.

Jakarta oh Jakarta
mata mu melihat segala sengsara
begitu gitu dikerah tenaga
buat sibulek bersantap sekeluarga
dengan angkoh kita diajar
katanya adap kita tiada kesopanan
akhirnya bambu runcing menjadi tauladan

-akusufi-

Penal Code 121

Bis Millah Hir Rahman Nir Rahim



This paper attempts to look at the repercussion on the ruling of the Federal court judgment on the three if we may call a precedent case study on the definition of our constitution as per cited in the Federal Constitution.
No legal dispute on the question of the conduct of the trial process by our utmost trusted Yang-Yang Arif. We as the upholder of principle of Rule of Law respect the decision chosen for us by the selected corum of panel by Yg.Amat-Amat Arif.
In principle we agreed on the decision made.
We merely wishes to add in some rough if not finer points of the Statutes which being argued by the respondent or the appeallet in the cited case.

This paper will focus on the Federal Case of Mohd.Amin bin Mohd Razali and 18 others (1) popular known as the Al’Maunnah Trail 2002 as for now on will be referred to as Al’Maunnah, Kamariah bte Ali and 3 others (2) it will be referred to Kamariah Ali and Jamaluddin Bin Othman v KDN (3). Except in Jamaluddin, which is a High Court judgment and cited in 1988 but the other two are Federal cases, recently cited and are binding.

To understand the argument posed, we have to interrelate 4 main statutes argued:
1) The Federal Constitution Article 3,Art.8 and Art.11, Art 121 and Art.149 (4)
2) Essential Security Cases Regulation 1975 (ESCAR)
3) Internal Security Act 1960
4) Penal Code (Act 574) Section 121.

3 different cases, 3 different facts, which lead to the act of the offence and leads to the arrest able offence.3 different legal argument on points of law and 3 different charges were brought together by the Attorney General Chamber.

I purposely pick them up to highlight the changes and challenges ahead of us battling with legal contemporary issue .The future is unpredictable, unless we ponder and observe the current world scenario under Microscopic lenses and understood the dominating theory played by the world Supremes hence the argument posed would not be fully understood in legal context.
As a conclusion, what should be done priory to Article 121 of the Federal Constitution?
How do we perceive wagging a wag against the YDPA in broader context?
Should war be limited to the conventional method? Which is a bigger war a physical or mental war?
Does it mean a person with a baseball cap slinging a SLR, M-16 or an AK 47 revolting against the system set by the norms of the society or should it be extended to the unlimited definition?
This paper is not written with any political objective and lays it rest, solely as thought provoking academic perse.
================================================
Foot-Notes:
1.Mohd.Amin bin Mohd Razali Dan 18 yang lain (Perayu) v Pendakwa Raya (Responden)
Federal Court (Criminal Jurisdiction) Bil: 05-(02-20)-2002(W)

Coram:

1.Ahmad Fairuz Sheikh Abdul Halim, CJ (Malaya)
2.Steve Shimp Lip Kiong, CJ (Sabah & Sara wak)
3.Abdul Malik Ahmad, FCJ
4.Siti Norma Yaakob, FCJ
5.Haidah Mohd Noor. FCJ


2. Kamariah Bte Ali, Mad Yaacob Bin Ismail, Daud Bin Mamat and Mohamed bin Ya (Perayu) v Kerajaan Negeri Kelantan dan Pengarah Penjara, Pengakalan Cepa,
Bil: Rayuan Sivil No. 01-11-2002 (D) Hingga 01-14-2002 (D)

Coram:
1.Ahmad Fairuz bin Dato Sheikh Abdul Halim KHN
2.Hj.Mohd Noor BIN Hj, Ahmad FCJ
3.Rahmah Bte Hussain FCJ
4.Pajan Singh Gill, CJ (Malaya)
5.Richard Malanjum CJ (Sabah & Sarawak)


3. Jamaluddin Bin Othman v Menteri Hal Ehwal Dalam Negeri, Malaysia & Anor, High Court (Kuala Lumpur)-Federal Territory Criminal Application No CR 54-18-88. 28th.October 1988. cited :Anuar, J (as he was then)

4. Federal Constitution (as at 5th.November 2003) International Law Book Service.

========================================

The Sauk incident remains a historical landmark on Malaysian political history, an act of aggression against the state. It illustrate to us how a group of 20 men managed to penetrate into an army camp posing as Army personnel trespass an Army camp and confiscate sizeable weapons and ammunition. From there on the Al’Maunna Group became public enemy No.1.The one week camp of Bukit Jenalik, Sauk, Perak automatic find it way in world’s atlas (1).
It remains an unanswered question mark, what was the actual objective of the Al’Maunnah Group. It started off as a small organization registered as Self-Defense Club, somehow due to the charismatic, persuasive leadership of Mohd.Amin bin Mohd.Ghazali over others the so call “Silat Club” became entangle with arguable subjective idealism.
The actual final objective of the Al Maunnah as a Society has never been question.
Is Al’Maunnah a Society with a political objective? From the material fact given, it hasn’t legally registered itself as a political organization with an Article of Memorandum or a Society Constitution, which is part of the requirement for any legally formation of society or with the possession of the weapon seize could it be that it has other objective beneath its intention. Using the weapon seize to commit multiple criminal offence. It is similar situation with the line up of any “MAFIA” set crime organization for example the “M16 Gang” or “The Mamak Gang” (3)

Multiple reasons why organized crimes exist, it is not the intention of this paper to indulge in detail reasoning for the mushrooming of such criminal activities. It is better leave it to Criminal Sociologist. The argument posed within the Constitutional framework is, why are they been charge under Penal Code 121 by the Attorney General Chamber? Agreed, it is within the jurisdiction of the Attorney General and the jurisdiction for trail of offences under Penal Code and others Law are enlisted under the Criminal Procedural Code 1976 (4)

‘All offences under the Penal Code shall be inquired into and tried according to the provision hereinafter contained, and all offences under any other all shall be inquired into and tried according to the same provision: subject however to any written law for the time being in force regulating the manner or place of inquiring into or trying such offences’


Section 121 of the Penal Code consist ‘Of Offences Against The State’

“Waging or attempting to wage war or abetting the waging of war against the Yang
diPertuan Agung a Ruler or Yang DiPertuan Negeri
It concludes; Who ever wages war against Yang diPertuan Agung or against any
Rulers or Yang DiPertuan-Yang DiPertuan Negeri, or attempts to wage such war,
or abets the waging of such war, shall be punished with death or imprisonment
for life and if not sentence to death shall also be liable to fine”(5)

Section 121 (A) offences against the Yang DiPertuan Agung’s person.

“Whoever compasses, imagines, invents, devises or intends the death of or hurt to or imprisonment or restraint of the Yang diPertuan Agung or any of the Rulers or Yang diPertuan Agung or any of the Yang DiPertuan Negeri, their heirs or successor, shall be punished with death and shall also be liable to fine” (6)

Such was the grave offence if committed and found guilty by the country judicial process. It should be noted that the Hukum Kanun Melaka being the principle source of legislation when the Malacca Sultanate Empire was at it prime has the motion of the ‘Daulat dan Durhaka’ i.e. loyal and disloyalty and the repercussion for any eventuality if the offence commit is absolute death to the traitor and his immediate family (7).

Throughout English history, the legal battle by traitor and ‘All the King’s Men’ are well noted. The Rebel of Oliver Cromwell toward the King Edward is perhaps the most decorated in English history books. Holding the King’s Realm was the utmost responsibility for any citizen of the state, failing to do so, punishment by being beheaded was executed. As it happen to Sir Thomas Moore, Sir Walter Raleigh, Oliver Cromwell and his St.Alban rebels.

Up until now the best illustrate English modern case on the question of waging a war against the state, which receives most public attention, is best illustrated in William Joyce v DPP (8).
In Al’Maunnah, the facts and legal argument posed, has some similarity to Joyce .The only different in Joyce, no lives was at stake or being killed but his action by propagate and instigating Nazism by merely being a Radio Announcer (DJ) contribute to the 2nd.world war between great Britain and Germany. The popularity of “Lord Haw-Haw” Radio propaganda by Joyce against the British government during the 2nd.world war was interpreted as being the action of wagging a war against the King’s Realm.


His defense was how could an alien be wagging a war against the King’s Realm, since the offence was committed in foreign land i.e. Germany and from the material fact given, he is merely a neutral citizen by virtue of being born in the USA and migrate to Ireland at the age at 3,by virtue of being born in USA, he argued that it do not constitute being a British subject and he is not under the protection of the King’s Realm on a foreign land. However both appeal court and the House of Lord perceive otherwise and up hold the decision of stay on execution. The decision was reaffirm in recent In re P (G.E) (An Infant)(9) and R V Arrowsmith (10)

Following Mohd Amin did he or did he not intend to wage war against the Yang diPertuan Agung? It is a subjective question, on his actual attention for seizing the military weapons that belong to The Malaysian Royal Army. From a legal perspective the real intention i.e. the absence of “mens rea” to wage war as stipulated in Sect.121 was questionable.
Is wagging a war to the Yang diPertuan Agung was his actual attention, that he wants to wag war against the YDPA, that he acts in order to wag war against the YDPA.
This brief definition is best descript in Hancock and Shankland (11) Nedrick (12)
It defines intention as
a) A result is intended when it is the actor’s purpose
b) A court or jury may also infer that a result is intended, through it is not desire when
i. the result is virtually certain consequence of the act
ii. the actor knows that it is a virtually certain consequences. (13)

Along the judgment, there was never been any cited the actual intention for the seizure of the weapons. Hence, should Section 121 been used as per charge sheet remain questionable? Yes, a capital crime has been commit and no dispute about it but to charge under 121 of the Penal Code not only the actual attention of the Al’ Maunnah questionable but it raise another doubt on the administrative of justice.

Firstly, Malaysia, blessed with peaceful, politically stable and economic sound performance is not at war with any other nation neither do any war mongering among us Malaysian. How is it possible by merely illegal trespassing in a Military camp and seizure of the weapons one could be charge for wagging a war against the YDPA?

Unless the immediate seizure of the whole military camp with a total control over the main communication center and strategically logistic support and able to neutralize the whole army camp personnel to be on his side of the struggle hence we could argued it is wagging a war or the very least instigating to induce others to joint efforts to wag war against the YDPA.
This could be found in any classic coup d’ete from a civil government to a military junta such as it happens in Pakistan when Gen Musharraf over throwing Sheriff’s civil government or at presents, the coup d’ete in Burma. How ever in Gen Musharraf case it was not totally seen as a coup d’ete because his action was back by the Pakistan Members of Parliament. Does that happen in Al’Maunnah? From the facts given it is “No”. It was merely a ‘hear say’ evidence suggested by the prosecution team.

The linkage for the bombing of the Carlsberg and Guinness factories, the attack on Hindu Temple at Batu Caves and the attack on the electricity cable tower and installation belonging to Tenaga Nasional Bhd. to link the chain of event with Al’Maunna has no merit because no concrete evidence was found as per orbiter of Yg.Arif Abdul Malik Ahmad FCJ (14).

It was merely on speculation by the prosecution to link the chain of event to enforce their opinion that the Al’Maunnah organization is a radical movement with objective to overthrown the present government of the day. Such a tabloid defense facts by the prosecution team is merely lame to be accepted by any reasonably intelligent legal fraternity. Until it is proven that Al’Maunnah is a political organization whose main objective is to set a government and to promote anarchy in this beloved country and Mohd.Amin as the President of Malaysia thus we could agree Section 121 of the Penal Code apply. Applying Section 121will open the floodgate to the flaws of inaccurately of administrative of justice.
Malaysia has a colorful political history. We do tumble along in achieving a just, equitable and progressive nation. To understand this argument, we have to look within us the reasons for the introduction of the Internal Security Act 1960,Essential Security Cases Regulation (ESCAR) 1975 and Penal Code in particular reference to Sect.121.

If sect.121 of the Penal code was used against the Al’Maunnah, from legal justice view, bearing in mind the independency of the judiciary is maintain and uphold by the government of the day, “why don’t the Malayan Communist Party which is active in their hey days of 1948 till the formalization of the Peace treaty in 1995 over 4 decade of revolutionary visionary. A vision for ‘The Peoples Republic of Malaysia’, instigated, propogated and rebel for by its Central Committee members whom are still alive up until today not charge under section 121 of the Penal Code?”
Wagging a war against the YDPA? Ample evidence of the arm struggle by the MCP was beyond redemption and was written very bold and is a black hole in Malaysian History.

Those living during the Chin Peng era will remember the unforgettable chain of events in which the horror of treacherous free killing of innocent life and destruction of public property is part and parcel of MPC arm revolution and was a daily occurrence.

Do Al’Maunnah have such political ambition and vision? Boldly, does he intend to destroy Parliamentary Supremacy system to our beloved Malaysia? Or is Al’Maunnah event similar to Guy Faulk heroic attempt, when he intends to burn down the English Parliament during the 14th. Century. If he does, sect.121 applies.

In comparison to Jamaluddin bin Othman v Menteri Hal Ehwal Dalam Negeri Malaysia (15), the applicant applied to the High Court of Malaya the wit of Habeas corpus against his detention pursuant to an order made under s 8 (1) of the Internal Security Act 1960.The ground for detention was given due to his activity in practicing and propagating Christianity as per cited in:

Alasan-alasan untuk Tahanan (16)
‘Bahawa kamu, Jamaluddin bin Othman @ Yeshua Jamaluddin, sejak tahun 1985 hingga ditangkap pada 27hb.Oktober 1987,telah melibatkan diri dalam satu rancangan untuk menyebarkan agama Kritian dikalangan orang-orang Melayu.Kegiatan kamu itu boleh mendorong kepada timbulnya suasana ketegangan dan permusohan diantara masyarakat Islam dan Kristian dinegara ini dan boleh memudharatkan keselamatan negara”

The applicant argued that the detention order is inconsistent with Art.11 (1) of the Federal Constitution, which guarantees freedom of religion to it citizen. He also argued that such activities were not prohibited under Art.149 of the Federal Constitution and thus detention his detention illegal. It is inconsistent with Art 11 and therefore invalid.

Held: Allowing the appeal, the learned Judge posed that under Art.149 of the constitution, any provision in the ISA designed against action prejudicial to national security is declare valid notwithstanding that it is inconsistent with any provision of Art.5, 9 or 10 of the Constitution. It is therefore clear that any provision in the Act, which is inconsistent with the provision of Art 11 of the Constitution shall not be valid.
The trail judge added although S.8 (1) of ISA give the power to the minister concerned to detain a person for preventive measure from acting in any manner prejudicial to the security of the nation, the minister has no power to deprive a person of his right to profess and practice his religion which is guaranteed under Art.11 of the Constitution.
It was noted by the learned Judge, that the control or restriction of any religious doctrine or belief among persons professing the religion of Islam of a Muslim fall under jurisdiction of the State Islamic Authority. At the relevant time there was no such law prohibiting such propagation. It is settle in law that any inconsistency of law in the ISA 1960 which infringe Art.5, 9 or 10 of the Constitution of a person is invalid (16)


Should the situation arise now, what could be said to a Malay born Muslim whom later in life decided to convert to any religion or following any cult movement and like any other missionary movement the propagation and instigation of religious doctrine to the society? It is the objective of any cult and religious movement to recruit new membership and the increase in number could be interpreted as a threat to Muslim population and the country socio-political stability.
It was an interesting obiter statement by Allahyarham Tun Mohd.Azmi SFJ (As he was then) in Mohammad Habibullah bin Mohammad v Faridah bte Dato Talib (18)

“The very fact that people professing religions other than Islam are constitutionally guaranteed the right to practice their faith in peace and harmony, must necessarily mean that Muslims are also similarly guaranteed the right to practice Islam in the like manner.
Being the religion of the Federation, Islam has a special position in Malaysia”(19)

Do ISA 1960 applicable or could the very same Art.11 (1), the guarantee of religious freedom and it practices it content is constitutionally right?
In arguing this point we have to look at the purpose objective and the Golden and Hidden Rule of Statutory Interpretation when interpreting Article 3 of the Federal Constitution.

Art.3 (1) cited: ‘Islam is the religion of the Federation but other religion may be practiced in peace and harmony in any part of the Federation and
Art.3 (5) stipulate ‘notwithstanding anything in this Constitution the Yang diPertuan Agung shall be the Head of the Religion of Islam in the Federal Territories and for this purpose Parliament may make law for regulating Islamic religious affair and for constituting a Council to advise the YDPA in matters relating to the religion of Islam”

Following the hidden rule of the statutory interpretation of Art.3.is the protection of Islam as the religion of the State and the YDPA as the Supreme Head of the religion of Islam is well protected against any aggression, subversion or propagation against him, his government, his agent, his Muslim subject, his heir and his state by instigating any Anti Islamic activities. Thus, could it be that if such a new situation arise Penal Code s.121 could be used because any aggression instigation against His Majestic official religion of the state is an act of aggression against his Majestic and thus it is wagging a war against the YDPA as defined in s.121 of the Penal Code (Act 574).
It should be noted, that the code also includes the protection of the State Rulers and the heir and agents and the Yang DiPertuan-Yang DiPertuan Negeri. Since Islam is under the jurisdiction of the State Rulers any aggression towards Islam could be define as wagging a war against the Rulers since he is the Head of Islamic Religious Affairs.
Could Jamaluddin’s action be defined a wagging a war against the YDPA?
Should the definition of war be limited to physical war i.e. two conflicting state or should it be broader as the situation now is beyond borderless and the effect of “cyber-ism” to the society, demands a new perspective on the definition of wagging a war.

Any political scientist would agree that arm struggle is only the last resort for any kind of any kind of revolution. It’s main objective is intimidation, suppression and sabotage in order to achieve it mission. The army or back lane rebel rouser is the instrument used to intimidate the present system of government. Weapons as the instrument either conventional method, biological or micro logical war weapon use if all other means to achieve it main mission could be effective but a great cause of damage done to human civilization. The current political climate in Arab-Israel conflict explains the illustration.
The 2nd.world war leaves Italy, Greece, Central and Northern Europe bankrupt.
The victim is the innocent citizen. It leaves Europe divided into 2 political divided, either with the NATO ally or with the Russian block. The damage has been done. Was it because of the war and weapons use or the propagation and instigation of both sides insisting the division of political power? To very great extend the proportions of damage was solely due to the political propaganda machinery of both sides.
What Chin Peng and the MPC did was an act of aggression to the State by using Arm struggle. But the main war confront us now is the physiological warfare. As what it term by political scientist as after the ‘Cold war between the USA and The Russian’ is the “Quite War”. The danger of ‘ISM-War” is well noted by scholars. Propagation and instigation is used as a weapon. Cyber warfare has been launch. Each school of thought propagates his or her belief and the battle of is deep rooted in the society’s mentality for generation to come. That is the utmost dangerous warfare we are confronted now, against the state, it is an attack against Art.3 of the Federal Constitution by hiding behind Article 11(1), Art.5, Art 9 and Art.11. (see William Joyce v DPP)

Thus, without doubt in Jamaluddin, the sovereignty of the YDPA has been challenge. His action not only could be define as an aggression to the society norm as stipulated in Article 160 Part X11 (General and Miscellaneous) the Constitution definition of a ‘Malay’ but also the act by circulation the uncalled pamphlet under the hidden rules statutory interpretation definition is ‘wagging a war against the YDPA and Islam’ which is protected in Art.3 of the Federal Constitution.

To convert to other religious is within the constitutional right of a citizen but it does not mean one has the right to instigate and propagate others to joint his effort to propagate Christianity among the Muslim community. Hence by the action of distributing the pamphlet is an act of aggression to the Muslim Malay society and that guaranteed right confers to all in Art.3 has been breach by his action.

The picturetorial evidence has shown us how religious cult and its up-keepers could turn into genocide and merciless murderers when religious cult leaders goes fanatic. The Bosnian unforgetfull scenario is an example. The incident of Waco in Alabama and the gas chambering in an under ground train tunnel in Japan is an example how extreme a human craziness could be if fanatical element overrule a person emotion.
The state is under constant attack from the unwarranted desire. The attack comes under various forms of ideological attack. ‘State’ here means as define in Art.1 and Art.3.The main reason is economic domination. Neo-imperialism is making it way via multi-corporation giants. No doubt, it does contribute to the economic growth of the nation but if it is left uncheck the unbalance proportion of socio economic equity among its citizen.
Fair modern authors praise Islam for its superior justice for its enlightened, manner, for elevating and uplifting the nation that came under its rule and for its civilizing teaching. Yet, some others motivated by their hatred to Islam and by immoral Zionist tendencies have made a profession of picking up all the long fourteen hundred years history of Islam, put them together, added some unbelievable claims of their own imagination and produced a mosaic of a bloody history of discrimination and oppression in order to give discredit to Islam. A clear example of a book authored by Bat Ye’or under the title ‘The Dhimmis, Jews and Christian Under Islam’ (20). Published in France in 1980 and translated into English in 1985. It is to warn my Muslim brothers against such prejudice literature, which unfortunately enjoys wide circulation. It is similar to Salman Rushdi writing which instigate and propagate and made a mockery of Sydinna Mustapha Rasullulah s.a.w and the Islamic history. Unfortunately such writing receives wide attention to the secular Muslim arguing that it should be look at a literature perspective instead of a historical aspect. No explanation needed from those schools of thought.
As command of Allah in Surah Al’Kafirun verses 1 till 6 (21)

Bismillah Hir Rahman Nir Rahim

Say; o ye
That reject Faith!
I worship not that
which ye worship.
Nor will ye worship
that which I worship
and I will not worship
that which ye have been
wont to worship
Nor will ye worship
That which I worship
To you be your way
And to me mine

The sentimentality of the Malay race towards it customs and religion is well noted. The Rulers being the protector of the Islamic faith is a subjective argument. Being the keeper of Rasullah Nur Islam and justice is the paramount of any sovereignty, the Malay mind are set to the dogma of “Raja adil Raja disembah, Raja zalim Raja disanggah” i.e. a just ruler is respected but a tyrant will be over thrown.

We take it at face value that Islam will be forever be protected by the Constitution and any government of the day forever despite political differences.

Such strong motion needed and Islam having a special position in the Federal Constitution as stipulated in Art.3 and reconfirm again in Act.160 Part XII (General and Miscellaneous) the definition of a Malay as per cited in the constitution should and will always be guarded against undesirable destructive element by any foreign powers or alien or any citizen of the beloved Malaysia. Any aggression toward it Penal Code 121 should be reconfirm!!!

Amin Ya Rabul Alamin.

-----------------------------------------------------------------
1.http://www.kehakiman.gov.my/
2. http://www.assunnah.uk.org/

3. http://www.pdrm.gov.my/
4.Criminal Procedural Code (Act 593) Sect.3 (as at 15th.May 2001) ILBS

5. Penal Code Sect 121 Chapter VI Gazette Hansard, Parliament Malaysia.
6. op.cit Sect 121 A
7. Sejarah Melayu (Malay Annual) Tun Sri Lanang Forwarded by Shearleybear
8. Joyce v Director of Public Prosecution ELR (1946) 186
9. In re P. (G.E)(An Infant) (1965) Ch.568 C.A
10. R v Arrowsmith (1975) Q.B 678 C.A (1975) 2 W.L.R 484 C.A
11. (1986) AC 455, (1986) 1 All ER 641
12. (1986) 3 All ER 1, (1986) 1WLR 1025
13. J.C Smith & brain Hogan “Criminal Law” ELBS 7th.edit. pg.58

14. http://www.kehakiman.gov.my/judgement-1/AL-MAUNAH%20(JUDGEMENT

15. (1989) 1 MLJ, Criminal Application No CR 54-18-88
16. Minister for Home Affairs, M’sia v Kapel Singh (1988) 3 MLJ 29

18. (2002) 4 CLJ 231
19. Farid Sufian Shuaib ‘Powers and Jurisdiction of Shariah Court in M’sia MLJ pg.58.

20. Mohammad Abdul Rauf, Tan Sri Prof. “The Concept of Islamic State”
– With Particular Reference to
Treatment of Non-Muslim Citizens -
JAKIM 1988.
21. A.Yusof ALI “The Holy Quran – Text, Translation and Commentary -”
The Islamic Foundation.1975

References.

1.Ahmad Ibrahim.Tan Sri Prof. ‘Towards A History of Law In Malaysia And Singapore”
Dewan Bahasa & Pustaka 1992
2.Abd.Aziz Bari, Asso.Prof “Malaysian Constitution – A Critical Introduction”
The Other Publisher 2003
3.Mimi Kamariah A.Majid ,Prof “Criminal Procedure in Malaysia”
UM Publisher 3rd.edi 1999
4.Salleh Buang ,Asso.Prof “Malaysian Legal History-Cases and Material”
Dewan Bahasa & Pustaka 2002
5.Farid Sufian Shuaib “Powers and Jurisdiction of Syariah Courts in Malaysia”
Malaysian Law Journal 2003
6.J.C Smith & Brian Hogan “Criminal Law”
EL/BS 7th.edi 1992
7.Mohammed Abdul Rauf, Tan Sri Prof “The Muslim Mind”
- History of the Muslim Intellectual Life 701 – 1200 AH (1300 –1768) –
Dewan Bahasa & Pustaka Vol.1, 2, 3 (2001)
8.Shams-Ul-Ulama Allama Shibli NuMani “Al-Farooq – Life of Omar The Great”
Sh.Muhammad Ashraf Publisher, Lahore (Reprint 1995) Vol.1 & 2
9.Muhamma S El-Awa,Asso.Prof “On The Political System of the Islamic State”
American Trust Publication

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From Hippy to Yuppy

What a world without a job!.

I passes that stage.
It over and done with.
Upon reflashing back my thought it remind me of my nephew, freshly graduate with ACCA qualification.On my recommendation he got his first sting as qualifies "Yuppy"after a year doing odd jobs.

With a bright smile he came,thanking me for the "red-hot"phone linking him to the post offered.It's a proper prospective,reponsive and reasonable well paid with a proper accounting consultancy in town.Off course he's happy.The pay is good,"young turks " came scouting."I'm young,free and single,I want to minggle with you beb" something like that words from the old Whiney Huston drumming up at any uptown joints in the 80's.Been there,seen it,bought it, love it,leave it,eat it,drink it you name it."Young turks" will be knocking at your door steps and phone keep busting particularly on Friday evening."Hi......it me,what are doing over the weekend..."that was the template conversation.
Knowinging full well you need to be at your mum door step for kenduri arwah father you but....
chicks been chick they want to minggle beb!!! Astafirulliah Hal Azim....sentiasa beb.

Back to my nephew posting.Before his designation to the post I have a word with him regarding his new found wealth.
Being my pet nephew I gentally but firmly advise and rules to be obeyed.

1."look.....each and every one "eye to eye"

2. in an adult working life "back stabbing is normal"

3.finally......"get a proper good leather shoes"

All the best.He is doing well ahead.
Last I heard he is heading the firm in the RnD.

It's all in your hand and mind.

We work with our hand and feet not with our mouth!!!!

Well..........To all Interneters and to Fellow Bloggers.

An old African Proverb says...

"........not until the glory of hunting been told by the
lion,the glorious of hunting will always belong to the hunter."

I say......carefull with head hunters without spears???

Merry -Merry and a Jolly Good Day and Good Year.

Zappa and His Guitar

Fank Zappa and His Guitar.


Any under ground hippy would remember the legendary Frank Zappa.
My one time favorite was that old LP "Shut Up and Play Your Guitar" or better still that version of the 3-G combination Joe Satraini,Eric Johnson and Steve Vai "My Guitar Wants to Kill Your Mama".
Whoooooo.....

All I can say and write at the moment is "Shut-up and Play Your Gambus" and "My Gambus is Better that Your Guitar".

'Law 'or 'The Principle in The Law?

Why Study?

Ha'bul Al Watan Min Al Iman, love of the nation is part of Iman. Knowledge is the key to a progressive and dynamic nation. Without this, the effect to the nation, Malay civilization and Islam lost. Self development is a continuous process. It develops our mind more towards the positive and the brighter side.

Attaining education is a continuous process. It covers all aspect of attaining education either academic, social thought and culture studies. With this knowledge, we become more aware of our surrounding. We analyse the society under microscopic lens and try to improve our weakness so that our children do become a better thinkers than us.

With basic knowledge of law - hopefully - insyallah, I am able to compute and understand the very essence of the fundamental principle of the divine law. The Divine law is a guide to mankind's progress. In understanding the subject matter, the subject content is vital because with so many Islamic Philosophical thought we could go astray from the right path. Thus, a bond between the seeker and the murshid is vital to leads a siratul mustakim.

In the hope of implementing of total divine law,one has to seek the real answer in a correct methodological process and in a right frame of mind. Failing to do so has a catastrophic effect on the Malaysian Muslims.

In the name of “ALLAH” it is a quest of seeking the exact meaning of Hab'lum Min Na Nas, Hab'lum,Min Nan Allah.

Amin.