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April 4, 2008

Extending jurisdiction on "close proximity": "It is an implied way of imposing Sharia law on the non-Muslim communities in Malaysia"

Exactly. More on this story. "'Punishing non-Muslims for khalwat against Constitution'," from The Star:

PETALING JAYA: It is unconstitutional to punish non-Muslims for committing khalwat (close proximity) as there is no provision in law for it.
Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism president Datuk A. Vaithilingam said yesterday that Article 121(A) of the Constitution allowed for separation between the Civil and Syariah courts.
“Khalwat is not recognised (as an offence) under civil law.
“It is not wrong for non-Muslims. Syariah law is only applicable to Muslims,” he said yesterday.
He was commenting on a proposal made during a seminar on Syariah Law review for non-Muslims who commit khalwat with Muslims to also be held liable.
Syariah Court of Appeal Judge Datuk Mohd Asri Abdullah said the seminar had proposed that non-Muslims committing khalwat with Muslims be likewise sentenced, but in the civil courts.
Vaithilingam also said this was tantamount to depriving non-Muslims of their rights.
Federation of Taoist Associations Malaysia president Tan Bon Sin said in a statement it vehemently objected to the proposal, as it was an affront to the Taoist community’s way of life.
“It is an implied way of imposing Syariah law on the non-Muslim communities in Malaysia,” he said.
Malaysian Bar Council president Ambiga Sreenevasan said in a statement that the proposal is tantamount to imposing Islamic law on non-Muslims.
She said it was wrong in principle and would be an infringement of the “fundamental guarantee of freedom of religion enshrined in Article 11 of the Federal Constitution”.
“The proposal is wholly unacceptable.”
She said other proposals made during the seminar which purportedly included the imposition of stiffer penalties, and the establishment of a rehabilitation centre for Muslims convicted of various offences related to “moral and faith” were equally troubling, especially in light of the history of overzealous enforcement of khalwat and other moral policing laws in Malaysia.
“We urge the authorities to focus their attention on more pressing issues like fighting corruption rather than on the private lives of individuals,” she added.

That would demand actual effort, change, and transparency on the part of the government. Minding other people's business is so much easier, and hey-- they're unbelievers here anyway.

Posted by Marisol at April 4, 2008 12:04 AM
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Infidel women who commit 'khalwat' with Mohammedan men should be prosecuted, although this is unlikely to happen. Muslimahs who commit 'khalwat' with Infidel men have their work cut out for them (Incidentally, is that an Arabic or Malay term? Tjwork? Anybody other Malaysians?)

Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism
I had commented on a previous thread that mentioned this group that it simply be called 'Malaysian Consultative Council of Infidels' - that way, they wouldn't leave out others, such as Confucians, Shamans, Jews, Jains and even Atheist/Agnostic non-Muslims (Yeah, they have to snoop on Atheist/Agnostic Muslims - after all, how likely are pious Muslims to commit 'khalwat') Posted by: Infidel Pride [TypeKey Profile Page] at April 4, 2008 12:59 AM

hi infidel pride, its good to hear from you again.

khalwat is an arabic term like most malay words that was previously taken from sanskrit and a mixture of euro Portuguese, possibly 10% of it is actually native.

to be fair in both sides (even if islam is not fair to me), kids these days will do what they do best, having sex.

why, because theres nothing else encouraged to do, all the separation between genders and stupid laws prohibit them to mix together and understand each other.

this makes both genders equally attracted to each other in a negative way.

however, unlike parents that have their daughters in that situation, no one really cares. and if rapes or unexpected pregnancy occurs, many are too poor or afraid to see a doctor and since abortion of single girls is strictly a no no with tones of questions, the baby would probably end up abandoned, mostly in the toilet.

so, from this point of view, there should be some balance to advise these kids.

the major contrast here is that malay (forcefully muslims only in malaysia) kids are the ones normally to be trapped in these situations.

what happens now is that this islamic movement that is going on to snoop on people are not exactly following the right conduct of law. and i can guarantee that all of this are islamicly politically motivated.

the guys that are caught are normally humiliated with naked pictures, undergarments are all photographed, the poor girl that is desperately covering herself is forced to show her face and they will try to strip them for more pictures for evidence.

some islamic officers would demand money and sexual favors.
finally, if they are lucky, they are not beaten.
if you are non-muslim, you better run.

even 99% muslims hate these guys, on only the initiative of a few that want to get into power that are doing this. what do you think non-muslims feel?

remember, these are same morons that forcefully separated a family dad:hindu, mom:muslim, kid:hindu, married in temple with lots of people, but not recognized. so they took her away to rehabilitation prison and send the baby to her parents and wants her to be in that shit hole instead of living with her husband and baby, HOW EVIL CAN EVIL BE?

think about it, the essence of islam is diminished, islam cannot be divine and theres no justice what so ever.

find more in google and youtube.


Posted by: tjwork [TypeKey Profile Page] at April 4, 2008 6:23 AM

I would be interested to know if in Malaysia, or elsewhere in the lands where Muslims have been able, by degrees, or all at once, to impose their will on non-Muslims, if Muslim courts do indeed respect the hadith in Muslim that forbids Muslims to inherit property from non-Muslims (and of course vice-versa).

And I trust that European courts will take notice of this hadith, and of others, in deciding whether or not to allow, for example, the property of non-Muslims who die intestate from being inherited by non-Muslim relatives -- surely not -- or, to determine if legal effect should be given to bequests by non-Muslims to Muslims, for that would be encouraging the inheritor to violate the well-settled commandments of his own faith.

And we can't have that, can we?

Or is it precisely to avoid that the Malaysian (Muslim) authorities have taken to declaring as Muslims, after their death, a number of Chinese and Indians, so that their property can be inherited by the sole Muslim convert in the family?

This is the kind of thing -- and not the apologetics of the Muslims who have so naively been hired at this or that American law school, where they offer guides to nothing though their fellow faculty members are blissfully unaware of the scandal, of the mistake -- that should be studied. Islam and the legal treatment of Muslims is one thing, but the most important subject, and one that the example of Malaysia (and Indonesia, and Egypt, and Pakistan, and Sudan) so obviously raise, is the legal regime of the Shari'ah, and how it is inflicted, in all kinds of ways, on non-Muslims, and also how Muslims manage to get around, as with the rules on inheritance I have just mentioned, when it is to the advantage of Muslims, their own canonical texts, including hadith included by their most respected muhaddithin.

Posted by: Hugh [TypeKey Profile Page] at April 4, 2008 9:40 AM

“It is not wrong for non-Muslims. Syariah law is only applicable to Muslims,” he said yesterday.

It shouldn't be applied to Muslims either. Religious laws have no place in a modern democratic secular state. The advantage that man-made law has is it's flexibility. If a law does not work, it can be repealed. Divine law is never changed. Hence the Dark Ages approach used in Sharia "Law".

Posted by: tanstaafl [TypeKey Profile Page] at April 4, 2008 10:18 AM

Hi Hugh,

I cant speak for other countries other than malaysia. As such, there are inheritance cases that the sole muslim convert in the family inherits the property of the deceased by declaring the deceased was a muslim.

In this case, a will by the deceased is not valid in the shariah courts, as far as I could relate.

with respect to the hadith for this context, the muslim party would have the upper hand on deciding the laws to use which fits best.

in laymans terms, an example would be:
1. theres no compulsion in religion
and
2. kill those that changes his religion from islam

This statement means Yes & No at the same time, and the ones in power will decide which to use.

again, i had only studied islamic finance, and nothing much in inheritance laws. Im not an expert here & I hope a better comment would proceed.

Posted by: tjwork [TypeKey Profile Page] at April 4, 2008 11:29 AM

tjwork

Thanks for the explanations

Posted by: Infidel Pride [TypeKey Profile Page] at April 4, 2008 12:01 PM

Oh, for Heaven's sake. What a childish religion this is. Just as every boy knows...or every girl knows in the 5th grade that the opposite sex has cooties, you can almost hear them squalling, "Ummah, she TOUCHED me! I'm telling. Eeeew, you're standing too close to me."

Posted by: Jauhara Al-Kafirah [TypeKey Profile Page] at April 5, 2008 6:19 AM

...but I should quickly add this: Instead of the kids behaving like kids, it's the government and its busybodies meddling into the natural affairs between peoples and imposing absurd restraints on them that has me so sorely vexed.

Posted by: Jauhara Al-Kafirah [TypeKey Profile Page] at April 5, 2008 6:29 AM

And well, what else can you expect from the M'sian govt? But let me tell you, it ain't a-gonna happen. You know why? Because we are no longer stupid sheep that do not know how to unite.

Not even the Malays. Please take note: a large number of Malays don't really believe in Islam. They can't ever say it, but it's a fact nonetheless. Drinkin' eatin' pork, forget about prayin' 5 times a day too. Cultural Muslims, if there's such a phrase. Not to say that others aren't equally fanatic and nuts - they are - but a number of 'em aren't too keen on Islamisation.

You will hear of the morons - what else is new? But like lefties in the West, these bozos are insulated from the real world.

Not too much hope, but some, is what I'm saying.

I really hate to keep harping on this, but I have a feeling that the Western democracies do not fully understand how significant the past election results were. For Asia. For Malaysia, in particular. Now, we have to wait and see if the devil we do not know is better than the devil we do know. Because the fly in the ointment is PAS. And Anwar, of course, but I ain't too worried about him.

As an aside, dumbledoresarmy says I owe an apology because I libel hardworking Aussies of white and black origin both, while extolling the virtues of us Asian types. Yes, well, I got a little carried away, true enough. People like Xavier Minniecon of Nine Network works hard at what he does - Port Adelaide's Aborigine player (hey look I'm a Crows guy myself so I can't remember his name - some kinda bird - Che Cockatoo Collins, I think) works hard too. And the Greek and Italians who run cafes and stuff - especially if it's family owned - they're hardworking. So, yeah, over-generalising.

But by heaven, you got them lazy buggers in Victoria Square acting exactly like old-style hippies - except they're a whole lot bigger, and a whole lot more booze involved - and then you goy civil servants who won't work a lick past 4pm exactly, and what was I supposed to think?

But yes, I was rather cheesed off then, and I am sorry for that.

Posted by: gkong3 [TypeKey Profile Page] at April 7, 2008 12:36 AM

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