soon..

bismillahirrahmanirrahim..

i greet u all with Islamic greeting of peace..assalamualikum wbt.

i've been thinking about this..i mean, i expect this to happen, in which i'm not going to up date or post any new entry on my blog when my second semester began. plus, that is what i've done in the past..i created this blog 2 weeks before my registration day for my first semester, and all that moment goes by without any new entry up till i finished my first semester. sigh..

i started to think that i don't deserved to have this blog..i have so many things in my head that i wanted to throw it out and paraphrase it into my damn blog..politics, law, friends, activities while in campus, test, assignments and so on. yet, it's all end up with nothing. but..nevermind.

i will have that moment since my second semester will be end for another 1 week. it's all about final exam before it ends.

Know Your Rights!

Resolution 62/149

Resolution 62/149 - Moratorium on the use of death penalty. This resolution was proposed by the United Nations in order to abolish all of the use of death penalty. It means, no more death penalty for every type of criminal offense.

In the moratorium, it states about five important agendas, as such as;

1. Expresses its deep concern about the continued application of the death penalty;

2. Calls upon all States that still maintain the death penalty to:

(a) Respect international standards that provide safeguards guaranteeing the protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annex to Economic and Social Council resolution 1984/50 of 25 May 1984;

(b) Provide the Secretary-General with information relating to the use of capital punishment and the observance of the safeguards guaranteeing the protection of the rights of those facing the death penalty;

(c) Progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed;

(d) Establish a moratorium on executions with a view to abolishing the death penalty;

3. Calls upon States which have abolished the death penalty not to reintroduce it;

4. Requests the Secretary-General to report to the General Assembly at its sixty-third session on the implementation of the present resolution;

5. Decides to continue consideration of the matter at its sixty-third session under the same agenda item


Actually in December 18th, 2007, UN human rights council has proposed a resolution 62/149 concerning the moratorium on the death penalty which has been enforced by the UN in the countries that still practice death punishment, including Malaysia, which also has been asked to abolish the use of the death penalty.

In my past entry about the bribery crime, i did mention about my support towards the death penalty for the bribery case. Yet, the United Nations has been proposed to abolish the death penalty. However, we have to remember that, Article 6 of the International Covenant on Civil and Political Rights UN made it clear that the right to life, including repeal the death penalty. Unfortunately, Malaysia does not sign this convention.

If Malaysia truly is an Islamic country, then we should have enforced 'hudud', 'qisas' and etc. Again in my past entry, i already mention about al-qisas (the law of equality in punishment).

Liberation of The Stiver of Democracy

This new entry is solely is about Aung San Suu Kyi, the striver of democracy for Burma. As you know that on 13th of November 2010, she was released after almost 15 years out of 21 years from 1990. Frankly say that, release as a prisoner in her own home.

Who is Aung San Suu Kyi ?

Aung San Suu Kyi is a daughter of late Aung San, former of commander of the Burma Independence Army, and late Daw Khin Kyi, former senior nurse of Rangoon General Hospital. She is also a former National League for Democracy party and a achiever of a;

1. Rafto Human Right Prize in October 12th, 1990
2. Sakharov Prize for Freedom of Thought by European Parliament
3. Peace Price by Norwegian Nobel Committee in October 14th, 1991
4. Jawaharlal Nehru Award for International Understanding by the Government of India
5. International Simon Bolivar Prize by the Government of Venezuela

How did she been placed under house arrest ?

In September 24th, 1988, National League for Democracy was formed with Aung San Suu Kyi was the general-secretary. Their policy is non-violence and civil disobedience. Suu Kyi makes speech-making tour throughout country to large audiences in defying ban of more than four persons by the State Law and Order Restoration Council (SLORC). SLORC was established by the military in September 18th, 1988.

Since that Suu Kyi was still continuing her campaign from January until July, despite harassment, arrests and killings by soldiers, Suu Kyi was prohibited from the election in February 17th, 1989. April 5th, 1989 was the climax towards her detention in her own home where Suu Kyi courageously walks toward rifles soldiers which aiming at her and by July 20th of the same year, she was placed under house arrest, without charge or trial. At November 13th , 2010, she was released.

"Malaysia yakin bahawa pembebasan tanpa bersyarat ke atas Aung San Suu Kyi akan meyumbang kepada usaha Burma untuk melakukan proses penyatuan yang akan memberi laluan kepada kestabilan, keamanan dan kemakmuran di dalam negara itu" kata Wisma Putra.
~Bernama

"Malaysia believes that the unconditional release of Aung San Suu Kyi of Burma will contribute to efforts to make the process of consolidation that will give way to stability, peace and prosperity in the country," quoted Wisma Putra.
~Bernama

"Democracy is the theory that the common people know what they want and deserve to get it good and hard" ~ H.L. Mencken

Beware! Section 498, Penal Code.

Why ?

Section 498, Penal Code states that it is a crime when someone entice or take away or detained a married woman with criminal intent.

Accordance with that section, the offender shall be punished with imprisonment up to two years or a fine or both if the offender is found guilty.

Happy Deepavali !

Actually in this entry I won't discuss about any kinds of law or politics, especially about the by-election at Batu Sapi and Galas..hehe ^^

I just want to tell about yesterday. Well, actually I'm not so prefer to type about my activity or about my routine, but ever since that there's still connection with law so I take a shot to tell about it.

so, what I did yesterday ?

~ National Library at 10 am
~ Objective: to discuss about MUET
~ Gave a shot to Hakim to have his breakfast first before discuss about MUET
~ After zohor, went to Jaya Jusco
~ Objective: to find reference books for second semester
~ Well, not even a single book that we found
~ Went to Times Square, Borders
~ At lower ground, damn small since Borders at 3rd floor is having their renovation
~ Keep searching..it does took us some time.
~ Found two out of four books
~ Drop by at KFC
~ Cybercafe for one hour
~ Went back to home.

By the way..Happy Deepavali to all of my fellow Indians friends and respected teachers.

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.