KUANTAN, 28 Sept – The Kuantan Syariah Court’s appeal panel has upheld the caning sentence imposed on part-time model Kartika Sari Dewi Shukarnor.
Pahang Islamic Religious Department chief syariah prosecuting officer Datuk Abdul Rahim Jaafar said the decision was made after the panel reviewed the judicial proceedings on the case today.
However, the date for carrying out the punishment had yet to be decided by the panel, which also included Syariah Chief Judge Datuk Abdul Hamid Abdul Rahman, he said when contacted here.
Kartika was fined RM5,000 and ordered to undergo six strokes of the rotan by the Kuantan Syariah High Court on July 20 after she pleaded guilty to consuming alcohol at a hotel in Cherating near here on July 11 2008.
The caning sentence became a subject of controversy when it drew mixed response from the public with even international organisations commenting on it.
It was to be carried out last month but was deferred as a mark of respect for the holy month of Ramadan. – Bernama
KUALA LUMPUR, Sept 16 — Kartika Sari Dewi Shukarno’s acceptance of the caning sentence imposed by the Kuantan Syariah High Court shows that she is willing to obey Allah’s command and uphold justice, Assistant Professor Dr Badruddin Ibrahim, Head of Islamic Law Department, Ahmad Ibrahim Kuliah Of Law (AIKOL), International Islamic University Malaysia (IIUM) said.
He said in Islam, the consumption of liquor is an offence which should not be disputed, adding the caning sentence on offenders should not be questioned. As such, all parties should respect the Syariah Court’s decision as it was made free from outside interference.
“The court’s caning sentence is based on the law and can’t be questioned and those who dispute it should be charged for insulting the court,” he told a press conference here today.
Part-time model Kartika, 32, had said she accepted the caning sentence and wanted it to be implemented as soon as possible.
Badruddin said implementation of the caning sentence was not against international laws and a form of discrimination against women. Islamic law applies to all irrespective of gender and was humane as the offender’s condition and other factors were also considered.
“Caning is not a form of torture or cruel, inhuman and a derogatory sentence.
“It is not against the Convention on the Elimination Of All Forms of Discrimination Against Women (CEDAW) of which Malaysia is a member, or other conventions which do not bound Malaysia including the Human Rights Declaration 1984, the WAAD Conference on Civil and Political Rights 1966 and the Convention Against Torture or other cruel, inhuman and derogatory sentences,” he said.
On accusations that the caning sentence was against individual freedom, Badruddin said in Islam, human rights should be interpreted in accordance with Islamic needs. He said individual rights should be balanced with the rights of society which needs security and peace.
Badruddin said caning under the Syariah Criminal Procedure Enactment was different than the caning implemented by the civil courts. It was done using moderate force as the hand must not be over the head so as not to injure the skin while the offender was fully clothed.
Dr Mohd Hisham Mohd Kamal, a lecturer at AIKOL also agreed as in Islam, human rights were enshrined in the Al-Quran and had been implemented since the time of Prophet Muhammad.
“Why can’t we look at what Prophet Muhammad had done rather than glorifying the human rights created by Westerners? Fellow lecturer Dr Shamrahayu Abdul Aziz said those who argued on human rights did not understand Islam and Islamic laws.
“Non-Muslims or those who do not understand Islamic laws should just shut up. Religion is about faith. We won’t keep quiet if non-Muslims continue to talk about our faith,” she said.
On July 20, Kartika was fined RM5,000 and caned six strokes of rotan for consuming liquor at a hotel in Cherating on July 11, 2008.
She was charged under Section 136 of the Pahang Islamic Administration and Malay Customs Enactment which carries the maximum RM5,000 fine or jailed not more than three years or both and to be caned six times.
Caning which had been scheduled for Aug 24 was postponed as a mark of respect for Ramadan. — Bernama
ISNA’s new president Ingrid Mattson says American Muslims’ ’special obligations’ are as important now as when 9/11 occurred.
BY: Interview by Dilshad D. Ali
When the Islamic Society of Northern American (ISNA) elected Ingrid Mattson, the director of the Islamic chaplaincy program at the Hartford Seminary and vice president of ISNA, as its president last week, Muslims and non-Muslims took note. Mattson is the first female to head the organization, which is the largest, most inclusive Muslim group in North America, with a sizeable political and social reach.
Mattson takes ISNA’s helm at a challenging time when American Muslims are struggling to promote their religion, encourage interfaith dialogue, create standards for their community, and separate themselves from the views of extremists. Mattson spoke with Beliefnet’s Islam editor Dilshad D. Ali about her goals for ISNA, why women’s rights isn’t her primary platform, and the new obligation American Muslims have in the fight against terrorism.
What does your election mean for the women in Muslim leadership roles? Does it have an impact on religious or spiritual leadership as well?
Certainly, it’s both things. First of all, women have been involved on the board of ISNA for many years. In fact, women were founding members of the Muslim Students Association–MSA national–more than 40 years ago. The presidency is looked at by many people as a form of religious leadership. And to that extent I do believe it’s a significant step for the Muslim community to choose a woman as a leader of this organization.
ISNA Secretary-General Sayyid Saeed was quick to say that you will lead “ritual worship” for women–and not lead prayer. What does that mean?
It means salat, the five daily prayers and the Jumaa (Friday) prayer–the congregational prayer. It doesn’t mean invocations or supplications or du’a, which are all other forms of prayer.
So you’ll lead prayer for women, but not for mixed gender groups?
That’s correct, and that’s what I’ve always done.
A lot of women are seeing this election as a victory for Muslim feminism. What does the term “Muslim feminism” mean to you?
Feminism–the idea that women have rights, that women and men should exert themselves to ensure that women have a meaningful way to achieve their rights–is a good concept. But it shouldn’t be a defining worldview. My agenda is not a narrow one of only looking at the interests of women. I’m looking at the interests of our whole community. We live in a world where we have to be concerned if anyone is suffering injustice. Muslim women shouldn’t be parochial in the sense of only being concerned about women’s issues.
One of the popular misconceptions about Islam is that women are seen as lesser figures, that they don’t have rights.
This perception that women in Islam are oppressed is based both on misinformation as well as am amplification of certain unfortunate tendencies in some parts of the Muslim world. It’s true that people have seen some Muslim authorities using Islam as a justification for the oppression or suppression of women. That’s a reality, we can’t deny it. But we have to balance those incidents with what’s going on in the rest of the Muslim world, in which most women are participating in their societies. We’ve seen that within recent times four Muslim-majority nations have had female heads of state. In most countries that I’ve traveled to, Muslim women are involved in all aspects of society.
Some conservative pundits see ISNA as a shield for shady practices, and as an organization that harbors radical thinking. What would you say to these critics?
I would say they have to support their views with evidence and not simply resort to vague conspiracy theories or general, unsubstantiated accusations. We are what we do. We’re an umbrella organization that’s inclusive of Sunni, Shi’a, and Sufi and provides a broad and open platform for all North American Muslims. And our goal is to bring the diversity of the Muslim community together so that we can get to know each other as the Qur’an compels us to. We want to offer the Muslim community the opportunity to know the greater American society, especially faith groups–to come to understand our Christian and Jewish neighbors and others and find ways that we can come together to do something good for this society.
What are your goals for ISNA? Where do you want to take the organization?
My major concern is institution-building and to emphasize the need for standards in our community. There is no ordination in Islam, no hierarchical church that determines what all communities should do. We don’t want to be that, but at the same time we can help the community develop some standards for religious leaders and our religious community. We can raise the level of professionalism in our communities and harness the energy and goodwill that is in our congregation.
Unfortunately, many of our communities are not functioning in a really dynamic and vital fashion. So we need to implement more training, provide educational opportunities for those running these institutions, and give models of successful communities that engage both their congregants and the broader community.
How do the standards you speak of differ from the fatwas that many imams, sheikhs, and Islamic organizations issue?
What I’m speaking about are skills of the religious leaders themselves. For example, our imams, our chaplains, and community leaders are called upon to mediate domestic disputes. Do these religious leaders have the qualifications and the knowledge to provide this advice and counseling? What about public speaking? Do they have the skills to engage the congregation? What about the Islamic centers themselves? Do they know how to organize adult-education programs that are engaging, interesting, relevant, and informative? This is what I’m talking about, not forming legal opinions.
You wrote an essay for Beliefnet after 9/11 about American Muslims having a special obligation to condemn violence committed by Muslims in the name of Islam. Five years later, have they lived up to that obligation?
I do believe that American Muslim communities have been good in this respect–have worked hard to write their opinions about terrorism, about extremism, about violence committed in the name of Islam. Unfortunately, those positions are not being heard by the general American public. Many Muslims engaging in public speaking find themselves in the frustrating position of being asked why Muslims do not condemn terrorism. Sometimes people are not hearing the message despite our best efforts.
That can be frustrating. I want to also make sure people understand that although American Muslims do have a responsibility to clarify their views on terrorism and violence done in the name of Islam, we don’t have control over these situations. We don’t have some sort of magic power over all Muslims in the world.
And at the same time it’s important that people understand that a justification for an action is not the same as the motivation or cause for an action. What I mean by that is that there may be Muslims around the world who claim that the actions they are taking are justified in Islam. But if we analyze the political context of that situation, we will see that in fact the cause of their actions is not a religious motivation, but it is a political reason. Because Islam is the dominant, normative discourse in their society, they will call upon Islam as a justification for their actions.
Have American Muslims successfully found ways to fight terrorism and also oppose the oppression of Muslims around the world?
I think we’re in a very difficult position in our time. Unfortunately, there are many groups that continue to try to use current conflicts to further political agendas that have nothing to do with fighting or preventing terrorism. And some of these groups are opposed to Islam and Muslims—ideologically and politically and are making it very difficult for Muslims to separate true Islam from extremism. These groups are encouraging the use of terms like “Islamic fascism” that simply confuse the issue further. So there’s still a lot of work that needs to be done.
Many Muslims in this country say they have repeatedly denounced acts of violence, and that they’re working with FBI and government officials and doing dialogues to get their point across. Why aren’t they being heard?
Because the actions of American Muslims are not being televised. What’s being televised are bombings from Iraq and kidnappings from Gaza and so on. We live in a time in which what is shown on TV is thought to be reality. Not many people read alternative publications or even mainstream newspapers anymore. So although we may be doing all of these good actions, and some of them may be publicized here and there, it’s not brought to the attention of the mainstream American audience. That’s just the reality of media and the dissemination of information in our time.
What’s the next obligation for the American Muslim community?
We have to keep exemplifying the right way of living as Muslims. We should be working with international organizations that monitor human rights in all places, including those places where our own government is suspected of violating human rights. We should be as diligent in doing our duty as citizens of our country in making sure that our government does not violate its values and laws and international law.
It’s a difficult time that we live in, but we need to recommit to universal human rights, to true engagement and realize that there are lots of great people out there working for peace and justice. We need to publicize those efforts so that we can get some hope to our youth.
A few weeks ago, I was working with an American Jewish lawyer who took a case of a Muslim inmate who was being denied his religious rights. And to me, working as a partner with this lawyer on this case was really encouraging and reminded me of how much good there is in this country. We need to continue reaching out to those people from every segment of American society who are interested in furthering the dignity of human beings and the stewardship of this earth. This is our work. That’s the only way we can go forward into the future.
As MPAC’s Communications Director, Edina acts as a spokeswoman for the American Muslim community to media outlets, government officials, interfaith leaders, academic institutions, and community groups.
Edina has appeared on national media outlets, including CNN, BBC, MSNBC, and the History Channel. Since joining MPAC, Edina’s work has also been featured in several leading newspapers, including the Wall Street Journal, Washington Times, Associated Press, Chicago Tribune, and Los Angeles Times.
Edina has also participated in numerous national and international conferences and interfaith dialogues speaking on a variety of issues related to American Muslims. In December 2004, Edina represented MPAC at a United Nations seminar on “Confronting Islamophobia.”
In 2003, Edina was invited by the Malaysian government to be one of two U.S. representatives to the International Conference of Muslim Young Leaders, which served as a precursor to the annual conference of the Organization of Islamic Conference (OIC). In all settings, Edina works to enhance the political and social participation of the American Muslims by sharing tools and avenues for engagement that will lead to a future in which Muslims are a positive, contributing part of the American fabric.
APRIL 26 – There has been a lot of negative attention on the Parti Keadilan Rakyat lately. We have come under scrutiny over the recent events in Perak, Kedah and now Penang. As young leaders who have faith in the party’s vision and future, we believe that it’s important to reflect on what we have achieved and examine the challenges ahead.
Keadilan is a young party, the result of a 2003 merger between Parti Keadilan Nasional, founded in 1999 and Parti Rakyat Malaysia, founded in 1955. It came about in part due to the Reformasi movement that emerged following the dismissal and incarceration of Datuk Seri Anwar Ibrahim in 1998. The movement, as laid out in the Permatang Pauh Declaration, was built on the idea of upholding the dignity of man and the need for the continuous betterment of society.
Both of us became involved in the party when the Reformasi broke out, though under different circumstances.
Izzah, who was a 17-year old university student then, was forced into the public eye as she was Anwar’s eldest daughter. Nazmi, who was a year younger and still in school, was reflecting on how the forces that were unleashed could somehow offer something new to Malaysian politics that had atrophied under Dr. Mahathir. As Izzah travelled the country giving ceramahs not only to defend her father’s innocence but also increasingly to articulate the meaning and significance of the Reformasi movement to ordinary Malaysians, Nazmi attempted to explore the possibility and meaning of a new politics for the younger generation as a writer in the alternative media.
We became acquainted in 2001, as part of a group of young Malaysian professionals finding ways as to how we could contribute to change in our country. In spite of the party’s small presence then, we were all excited and idealistic to be part of the cause to lay the foundations of a truly progressive Malaysian political party.
Three years later, the party was dealt a blow when Datuk Seri Abdullah Ahmad Badawi hijacked our message of reform and won an overwhelming victory in polls conducted under dubious circumstances. The party was left with a solitary Parliamentary seat. Soon however, Anwar was released and engaged in a conversation with those inside and outside the party. He charted a more multiracial agenda, against the advice of many. Some were clearly discomfited by this development, and left the party. They either could not accept the shift or felt that no matter how idealistically attractive this paradigm movement was, it spelt political disaster.
But like many young members of the party, we felt that this was the right path to take, the logical extension of Reformasi. Nazmi, in particular decided to take the next step by working for Anwar after completing his studies. We were joined by experienced professionals such as Ibrahim Yaacob and Din Merican, along with talented young Malaysians such as Harvard graduate and blogger Nathaniel Tan as well as UTM student leader and Silicon Valley engineer Sim Tze Tzin.
As the 12th General Elections loomed, both of us along with Sim and Ibrahim were considered as possible candidates for seats. We were reluctant at first, but as many others refused to run under Keadilan’s banner-feeling that the party would surely be defeated- we decided to do it. Izzah was 27, and Nazmi, 26, making us among the youngest candidates in the elections.
It occurred to us from very early on that the young Opposition candidates should work together. Together with our colleagues like Tony Pua and Hannah Yeoh from DAP, we campaigned hard in each other’s constituency, drawing inspiration from the courage and conviction of ordinary Malaysians who wanted change. It was truly people’s power – Makkal Sakti – that defied the odds and trumped cynicism. We were fortunate to win our respective seats and be a part of the now legendary story of the 8th of March.
Keadilan as a result increased its Parliamentary presence from one to 31 seats. Not only that, four states along the West Coast fell to a coalition of PKR, DAP and PAS that eventually became the Pakatan Rakyat. What was more impressive and significant was that a multiracial band of MPs and state assemblypersons won on Keadilan’s ticket, making Keadilan the most successful experiment in multiracial politics in Malaysia to-date.
But the reality of victory also dawned upon us as the euphoria of the 8th of March faded away. We had to meet the manifold expectations of our constituents who voted us in. We had to ensure that the voices of the people were heard in the legislatures and corridors of power.
Nazmi and many other state assemblypersons in the five states had the added responsibility of actually governing, trying to make a 50-year establishment embrace reform and progress.
We immediately saw the limits of operating within the confinements of a governmental system that had become dominated by the executive branch. The people of Kuala Lumpur as a Federal Territory remain dependant to the autonomous and powerful KL City Hall. With no say on budget allocations and choice of Mayor, improvements in housing allocation, delivery and services remain marginal at best. They, unlike their counterparts elsewhere do not have the right to vote for a State Assembly. That is why the movement towards holding local council elections – that can and will start in Pakatan Rakyat states – must persist.
Being wakil rakyats meant that we could no longer confine ourselves to criticising from the sidelines, but actually delivering on our promises to the voters. This involved meeting our constituents that brought their problems to us continuously at all hours. This touched and exposed us to the challenges they, the ordinary men and women of Malaysia have to face each and every day and how we have to do everything within our power to help them better their lives.
We also began to realise that change is unavoidable, especially in our own parties. All political parties evolve, and this process is more often that not tumultuous. In the US for example, the Republicans were the party that freed the slaves under Abraham Lincoln. Now, the Democrats, who opposed Lincoln’s reforms in the 19th century nominated Barack Obama as their Presidential candidate in 2008, who as we know is the country’s first African-American Commander-in-Chief. Nothing is constant in politics, least of all political parties.
In Malaysia, Umno, which was once a party of teachers and village officials, is now a party of racial demagogues and crony-capitalists.
On the other hand, DAP and PAS that used to represent a narrow range of constituencies have become more open and inclusive than ever before. The example of Bukit Gantang and the many mixed constituencies that returned a Pakatan representative last year is testament to this.
The growing momentum for change is bearing down not only on Umno and the Barisan Nasional but also on Pakatan Rakyat. The former responding to this challenge by dithering and relying on the most dishonest sort of triangulation. The latter is, though the path has not always been smooth, is heeding the call.
Keadilan grew from a small coalition of people that came together during Reformasi to a Malaysian political party that is based on hope, progress and a new brand of politics.
Just over a year ago before the elections, when we campaigned across the country, many were surprised that Keadilan still existed.
When we walked up the rusty elevators in Kampung Kerinchi and Desa Mentari, we had to convince ordinary Malaysians that we could offer a genuine alternative to the government.
When we called up our contacts and acquaintances to help out, we became used to both polite and direct rejections. The path we took was certainly not the path of least resistance, but it was the choice of our conviction.
Today, Malaysians from all walks of life, including Malay doctors, Indian college students and Chinese businessmen come together in good faith in our divisions.
We have committed Christians and pious Muslims in our committees. All are eager to hoist the party flag that the people hardly recognised before.
We have unsung heroes like Muslim activist Mohamed Ali Ghazali, small businessmen S. Meng Yee and Vinod Sharma, all working behind the scenes, doing their bit for the party without any thought or expectation of reward. Our victory has made it easier now to get people come and join Keadilan, but we still have to make sure that they understand the struggle and sacrifices that the road ahead demands.
We spoke about renewable energy, economic co-operation, climate change, refugees, urban planning and public transport in Parliament and the State Assembly, but all of this was swept under the radar of the controlled mainstream media.
Our young Pakatan colleagues, including Yusmadi Yusoff in Parliament as well as Amirudin Shari and Gan Pei Nei in the Selangor State Assembly have all made an impact in their speeches that impressed everyone in the legislature. In our constituencies we have set up free health clinics, voluntary tuition centres and crime fighting campaigns by empowering the community. Yet, the mainstream media prefers to focus on sensationalised stories rather than substantive news.
Obviously, any growing organisation will have its ups and downs. Just as we should be credited for our successes, it is just as important that we must be accountable for our shortfalls.
We cannot deflect our own undoing. Some are clearly our own weaknesses, but others reflect the lack of human capital and institutional structure that is a problem across the Malaysian political spectrum. As we continue to build Keadilan and Pakatan Rakyat as a party of the future, be prepared for more ups and downs.
But we are a democratic and open organisation, and we always prefer to resolve our difficulties in the open rather than under the cloak-and-dagger of spin.
The important thing is that in spite of all the difficulties we have faced, we continue to attract the best and brightest Malaysians to push for an inclusive political party, a party that upholds our main objective of establishing a just society and a democratic, progressive and united country.
We have, stated above done a lot for the people, but we do not for one second expect them to be satisfied with just this. We do not ask for support or gratitude in return, but simply that Malaysians continue the spirit of the 8th of March and pressure the Federal Government to increase our civil liberties and political freedoms.
Malaysia’s leaders need to always listen and learn from the people, and this is something that we, the young leaders of Keadilan and Pakatan pledge to do.
The service and dedication that we have rendered to the people will continue as long as we hold office and beyond. We consider this to be the true meaning of ‘putting the people first’. We will do this even in our own house.
Keadilan is in the process of revamping our constitution to ensure that the party is able to meet the challenges of the 21st Century. We want to empower to our grassroots. Our Youth and Women’s wings too, are engaged in massive training exercises from Perlis to Sabah to build the party’s human capital for the long-term. We have sought to improve our election machinery to complement the experience of our partners in Pakatan Rakyat.
We are also open to the idea of more far-reaching reforms to devolve power to the ordinary members of the party, including having party primaries for national leadership positions or even for to select Parliamentary, State Assembly and Local Council candidates.
We can institutionalise debate as part of the campaigning for party positions. We can go further in ensuring that one of the objectives of our Women’s wing is to make the idea of having at least 30 per cent of our leaders and election candidates as women a reality.
We understand that some Malaysians might get tired with all the drama that has transpired thus far. Some might be losing patience with us. But the choice is clear between the potential of Keadilan and Pakatan Rakyat driven by the young compared to the BN’s tired false power-sharing model where the shadow of the past looms large.
Keadilan will continue to fight for change. The first battle is to fight to change ourselves for the better.
NURUL IZZAH ANWAR, 28, is Member of Parliament for Lembah Pantai as well as Keadilan Lembah Pantai Division’s Pro-Tem Head. She graduated from Universiti Tenaga Nasional in electronic and electrical engineering before furthering her studies at the School for Advanced International Studies, Johns Hopkins University, US in International Relations. She maintains a web presence at www.nurulizzah.com. – The Malaysian Insider
The Administrator Alhaj ibn Ibrahim Asysarawaky LL.B Hons [IIUM], Diploma in Public Administration [UiTM] and Professional Advance Diploma in Management [University of Western Australia]
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KUANTAN, 28 Sept – The Kuantan Syariah Court’s appeal panel has upheld the caning sentence imposed on part-time model Kartika Sari Dewi Shukarnor.
ISNA’s new president 
As MPAC’s Communications Director, Edina acts as a spokeswoman for the American Muslim community to media outlets, government officials, interfaith leaders, academic institutions, and community groups.
APRIL 26 – There has been a lot of negative attention on the Parti Keadilan Rakyat lately. We have come under scrutiny over the recent events in Perak, Kedah and now Penang. As young leaders who have faith in the party’s vision and future, we believe that it’s important to reflect on what we have achieved and examine the challenges ahead.
alhaj