The Law of Equality In Punishment

Today, (october 3oth 2010), i read a newspaper about Datuk Sosilawati's case where her eldest daughter, Erni Dekritawati Yuliana Buhari (Rita) filed a claim worth RM40 million at High Court towards N Pathmanabhan and his friends.

This entry is not to discuss about this case, but to discuss about Rita's action.

"Tujuan kami hanya satu, bagi memastikan keadilan dapat ditegakkan sepenuhnya",
"Our goal is only one, to ensure that justice can be fully enforced". Quoted Rita.

She also hopes that people would not misunderstood with her actions.

For me, yes, people should not misunderstood, and so do they have to know in order to understand.

Why did I agree (actually, partial agree with this)? Simple, it is because of the same reason, 'justice'.
"please clarify more.."

First and foremost, ever heard the word of 'Qisas' ?

"O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment."
(Al-Baqarah: 178)

Did the murderers were sentenced to death ? no! only 7 years due to lack of evidences. What will you do if you're in her (Rita) shoes ? What is her situation now and onwards ? That is why i bold an important sentence there.

Secondly, readers might questioned to me that all of the murderers is an indian. So let me summarize their positions in this country (Malaysia). In this case, they have been categorized under "Kafir Dzimmi". Who is "kafir dzimmi" ? That is those who is not a muslim, which having a peace treaty with Islamic state. Moreover, they are also residing in the Islamic state and submit to Islamic rule. They are the citizens of Islamic state and the laws of Islam is apply to them except a few things excluded in syara'. They have the same rights as the rights of Muslim citizens and property of others Islamic state, blood and honor they are awake.

Islamic law is not the law of individuality, but the most universal law and it applies to all of us, and of course it applies to all of the citizens who lives in Islamic states, which suits for every situations and every decade.

But, to make it clear, Malaysia does not apply this law. In facts, there's a lot of differences between qisas and our current law. For instance, just one example;
1. According to current law, parties to the claim (the prosecution) is the government (public prosecutors), not the heirs of the victim.

All in all, I agree that her actions is to ensure that justice can be fully enforced.
By the way, if you noticed that I did mention about 'partial agree'. Well, that is because she said that she made a claim due to the loss faced by the business operations of cosmetic companies. hmmm....

The Rationale of Article 153

Recently, we could see in the news, newspaper, etc, that many politicians had questions about the Article 153, which stated about the malay special privileges. They said that this article is not necessary as such that this article has denied the concept of equality among the races in Malaysia which has been stated in Article 8 of Federal Constitution, under part 2 of Fundamental Liberties.

In this entry, I'm not going to say about the reasons on why we should abolished this Article, in facts, I am firm with my decision that this Article should be remains.

Before that, I'm going to give a little bit clarification on the concept brought by this Article 153.
Article 153, is one of the articles in Federal Constitution that showed the concept of positive discrimination. What is positive discrimination ?

Positive discrimination according to Dictionary of Sociology, is a policies and practice which favour certain groups which have historically experienced disadvantages. Malaysia refers this concept as a positive discrimination, while for United States of America, they usually refer this concept as a affirmative action or reverse discrimination.

Generally, we could understand this concept as an unequally legal policies which favour certain group(s) which is underrepresented in significant positions in society. Actually, this concept of positive discrimination and affirmative action is the product of the concept of "equality". How ?

One of the doctrines of equality is "substantive equality". The Egalitarian together with the Socialist and the Communitarian subscribed the concept of substantive equality where persons should be placed in a similar position, even if in order to do so they are treated unequally. This doctrines of equality takes a few factors, as such as social conditioning, etc and review whether this policies would have an adverse effect on one party.

John Rawls in "A Theory of Justice", quoted;

" in order to treat all persons equally, to provide a genuine equality of opportunity, society must give more attention to those with fewer natives assets and to those born into the less favourable social positions. The idea is to redress the bias of contigencies in the direction of equality "

That is why, this doctrine of substantive equality is the basis of affirmative action and positive discrimination.

Did you know why this Article has been drafted ?

Because to protects Malay and natives, specifically, Bumiputra. I'm not going to type all that long about our history, we as Malaysians, should already know about it. In facts, we all just been informed that in 2013, History will becomes as a must pass subject besides BM. As we know that Chinese and Indian at that time (1957) were already a rich urban dwellers compared to Malay which mostly poor farmer and labourers. Despite, in the late 1970s, Bumiputra controlled only 4 percent of the economy. Can u imagine? only 4 percent ? How about another 96 percent ?


Next, according to Huang-Thio Su Mien in " Constitutional Discrimination Under the Malaysian Constitution (1964) ", the rationale behind the Article 153is to confer special privileges upon the Malays and natives of Sabah and Sarawak so that preferential treatment can be legally practiced;

1. as a method of adjusting the political balance of a heterogeneous society
2. to protect the interest of pluralistic minorities which aim to preserve their own culture, while
co-existing with the dominant class
3. to sanction a preferential treatment to a certain groups in a country which has previously
enjoyed special privileges
4. to empower s State to take ameliorative measures to advanced the status of economically,
socially and culturally depressed communities.

Last but not least, I could say that the reasons of the needs of this article can be merely similar with the reasons of the needs of the law as according to the theories of "Truism About Human Nature" as stated by HLA Hart.

1. Limited altruism
2. limited recources
3 Limited understanding and strength of will.

Just for an information, actually, according to this theory, there another two theories that lies in theories of "Altruism About Human Nature", that is human vulnerability and approximate equality.

Whatever it is, this is just my 2 cent opinion.

Islamic Fashion Festival ?

Definitely not her..she's my niece. haha. look at these pictures below. ^^ have a nice day!

Arthur's Bus To The Artur's Day !

This is the view from the inside of the Artur's Bus. Such a grand bus. This bus is on its way to Sunway Lagoon in the countdown to the Arthur's Day which will be held on friday. In order to go to Sunway Lagoon, this bus will make its way through the streets of Kuala Lumpur.

By the way, to make it clear, i just love the view and its design. *see the label?* Not that drink. Thank you. ^^o

"Never Underestimate The Effectiveness of A Straight Cash Bribe"

Never underestimate the effectiveness of a straight cash bribe ~ cloud cockburn

It is effective, and so do it gives a great impact.

Recently, Indonesian supreme judge has stated that they are giving their full commitment and support regarding the death sentence in the fight against the bribery crimes in their country.

In my humble opinion, i do think that Malaysia should also put the same effort by enforce the same sentence for the bribery crimes. As according to Malaysian Anti-Corruption Commission Act , under the section 24 stated that any of the offences which has been done under the sections 16, 17, 18, 20, 21, 22 and 23; imprisonment for not more than 20 years; and
fined for not more than 5 times greater than the value of the bribe received.

Maybe some of us would say that this penalty is strict enough to reduce the bribery crimes in Malaysia, despite, the question "is it?" has been raised.

China, is one of the country that practicing the death sentence for this offence, has achieved a positive result. In facts, their citizens had showed their satisfaction in response of this penalty.

I would like to state just 2 cases that involve the bribery crimes in our country which is enough to show that the this crime was already in a critical stage. on what ground?

first, in october 3rd 2010, a magistrate jailed for 6 years and fined of RM40 000 at the session court after being found guilty on two corruptions charges in october. Now, at what stage is our courts' credibility in justice?

secondly, in october 14th 2010, 7 immigration officers who is said to be involves in human trafficking in terms of bribery, detained under the Internal Security Act (ISA). Now it is your interpretation pertaining to this issue. What say you?

whatever it is, this is just my 2 cent opinion.

"Our form of democracy is bribery, on the highest scale" ~ Gore Vidal

when Eddy speaks in english....

hey guys..

this new entry, i would like to talk about my speaking test. nothing special actually. it is just that, what i promise, i must deliver it. :)

ok, as usual, woke up at around 5.50 am, then make a phone call. to who? i called hajar and amir to make sure that they are not going to be late for their speaking test, since that their speaking test will be at 7.30 am.

having my breakfast, with no appetite..there's not going to work even though it is a hotdog. Facebook-ing and reading a news at Malaysiakini.com is one of my compulsory activities at home. read, facebook, music..read, facebook, music..again and again until around 8.15 am. and not to forget, CSI New York before going to school at 10 am (my speaking test will be at 11 am)..nice ha. :P


ok, to be short (cuz i am lazy to type..just wants to finish it as fast as i can..)
i am in a third group, which consists of two girls, one of them is a teslian from puncak alam..the other one, i have no idea about her.... and one man, he is a mathematics teacher. :0
of course the last one is me.. ^^o
i, as a candidate A, my instruction for task one will be.."illegal racing on a public road, discuss".
The instruction for task B will be.."which of these social problems, will be the greatest threat to our society?"

alhamdulillah..i am the one who starts the discussion and also the one who made a conclusion..
ok thats it. ouh ya..my speaking test was done around 1 o'clock and i do really hope that band 4 (at least) will be mine..insyaAllah. ^^o

ok. bye.

wink! wink!

yo!
ok..now i have an idea on what to type in my blog. My speaking test on next week, specifically on 18th of october and my result for my first semester will be a good story to tell. so..just wait and see... ^^o <-- i learn this symbol from my friend..raihan. :)

btw..if there is any grammatical error that i made, i would be glad if u tell me. (^_^)