Thursday, April 21, 2011

Magic and My New Email

Peace be upon you muslim readers and hello to non-muslim readers.

Now, check this out. Look at the picture below (muliani). Try to focus to those three dots in the middle of my name for 10 - 12 seconds, and then, look at any of the nearer objects, walls, door etc for 10 - 12 seconds. If you see my name, then you are actually falling in love with me. Tettt..just kidding. Come on, give it a try.. (^-^)



Another thing that I would like to share is that..this is my new email address. My fourth email address which is....

syaiful.aidil92@lawyer.com

cool isn't. Now I really feel that I am a lawyer-to-be. Amin. ^^

Sunday, April 17, 2011

Financial Laws and Money Management : Crisis

Peace be upon you, brothers and sisters of my muslim relatives.

As I read about this news, I would like to point out some comments pertaining to this matter. A short one.

Today, on 17th of April, Senator Tom Coburn and Senator Carl Levin recommend an additional changes upon their financial laws of United States of America. As we all know that fraudulent mortgage is reported as one of among the findings.

Their recommendation is made following with the question on the report regards with the causes of financial crisis in 2008. Yeah, they ought made some changes. Seriously.


In 1999, there were a lot of a these kind of crimes. Fraud. They actually obtained the money by deceiving a particular party or a bank. Maybe some sort of exaggerated words or informations in order to get a larger loan. Simple way to say that is like when you say that your mom is somebody, then it won't be a problem for you to pay back the money. In United States Federal court, mortgage fraud is prosecuted as mail fraud, money laundering and etc. This is also one of the reason which triggered to a financial crisis. One of the example which involving money laundering is regards with the action of Credit Suisse, as they had laundered the money for Iran nuclear program. Crimes in financial industry is something in common to say. What to expect ? It's all about money right.


Before I give some explanation why this practice leads to a financial crisis in United States of America, well basically leads to global financial crisis, I would like to point out one important case which is correlated with fraudulent mortgage.

In 2006, 15 defendants were indicted on 79 counts of bank loan fraud, conspiracy, money laundering and so on, as it is correlated with the mortgage fraudulent that targeted the metro-Atlanta area housing market. This case has led to an involvement from Federal Bureau of Investigation (FBI) and Department of Housing and Urban Development. Obviously, it is a serious case.

Now, let me demonstrates to you in a very simple way to show and illustrates to you how this led to financial global crisis.I don't even think this would required you to think out of the box as it is a simple things to think.

What is the consequences when you lend a money to a someone who obviously won't be able to repay ?

Imagine like this..

A = a person who borrow your money

B = your friend /campus-mate who is selling maggi, coca-cola, books and etc to you as you are his or her regular customer and most of his or her income is actually coming from you.

C= assistant for B a.k.a B's roommate.

Here we go, A, who wanted to borrow RM1, 000 out of Rm 1, 250 from your allowance. *also imagine that you are a foundation student like me*. A higher debt means a higher rates of interest right ? Logic. But what if the loan were given to someone who cannot pay you back ? Nahh..here you go. A financial crisis. You can't spend more. You have to really really really limit your budget on the other things. Shoes, clothes, books, foods and so on. Does this merely affects you alone ? Totally not. The income for B would be slightly decrease due to lack of demand from you.

In a mean time, C, who acts as an assistant for B, who usually facing some difficulties to handle his business as before, there is a lot of demands made from you. Now, B have to lessen his products. Do you need a hand when there isn't much things to handle around ? So, B have to fire C from his current job.

Can you picture that ?

Now, imagine that you as a main bank which indirectly represents economy of United States of America, A as your citizens, and B as another country, while C as B's citizens. Simple isn't it.

Well, basically, mortgage fraudulent is happening when a particular person getting a large amount of loan by deceiving. He lies about his current income. He claimed that he is a boss of nonexistent company and so forth when actually the amount of money borrowed is far beyond his capability.

There is another reason which triggered a financial crisis which actually played the same concepts. The different things is, mortgage fraud is a crime, yet this is a legal matter in the eyes of law.

"Subprime"


This is what the investment bank did in 1999 if I'm not mistaken. They actually preferring subprime loan, as they carry a higher interest rates and this has led to a massive increase in predatory lending. This kind of subprime means give a loans to people who may have difficulties maintaining the repayment schedule. In large amount. One of the risks that the banks have to face is that, there is none of the possession of property assets that could be used or acts as a guarantee or security.

To tell exactly the reasons behind the economic crisis in 2008, there are many things to point out. The reasons on how the banks in Iceland losses 100 billion, while their cross domestic products was only 13 billion. Seriously, many things to say about the reasons. Despite that, there are one last thing that I would like to put forward. This thing is also one of the reason of the global financial crisiss. Mean while, this is what they, the world financial experts prefer for.

What is that ?

Deregulation. It means to remove a national or local government from the controls or rules in business or in any other activity. This is what experts trying to do. Leave all the jobs which pertaining to financial to them *experts*. No interference from the government. In 2000, Iceland made a deregulation. What is the impact ? A lot. Financial and environment. This guy took the risk using the public money. Make an investment on something which in need of larger amount of money. Build some sort of project and causes a pollutions.

In our modern days. Especially in Islamic country like us. They are trying to separate any religious things onto a matter of handling our money. "Leave the job to experts."

That's all from me. Feel free to drop any comments or arguments. *If there's any*

Peace be upon you muslim readers, and adios guys.

^^

Saturday, April 16, 2011

My Journey and A Scary Bus Driver.

Assalamualaikum.

Well actually I'm not going to tell about what was happening during the MUET's examination. ^^ Somehow, after my MUET, I took the bus from chini to kuantan.

What I wanted to tell is my experience during my journey from Chini to Kuantan and from Kuantan to Kuala Lumpur.

Ok, while almost every passengers in the bus (Chini - Kuantan) were sleeping, I was really felt uncomfortable since I felt like I was sitting on the rock. So, I can't really concentrate on my sleepy mood. I took the chance to observed their behaviour. Observed ? haha. :P
This would be much fun than sitting and listening to some kind of old song. Out of the blue, I saw the driver's eyes. He's closing his eyes ! hoho..

The bus driver actually driving the bus in his sleepy
mood. Gosh, it is obvious and he kept doing his 'head-banging dancing'. You know...up and down..up and down while his right foot kept pressing on the accelerate pedal. haha..
And what did I do ? Kept looking at him la..haiya. ^^ Alhamdulillah, we got there safely. teettt.

Oh, before we getting down from the bus, I saw one girl, age around 18-20 I guess. Received 10 bucks from the bus conductor after they had a short conversation. "buat belanja.." If I'm not mistaken, this is what I heard la..hmm..actually she does looks like a good girl. An educated girl. Somehow after received the money, she turned back and saw me saw her received the money. Right after that, she turned to the front again. Oh yeah, I guess the other two girls which is her friends also saw what she did. ^^o

Now, this is the story of my journey from Kuantan to Kuala Lumpur. It's all began with this. When I showed to him my ticket, he was looking at me. Gave back my ticket, allowed me to enter the bus. He's looking at me again. I guess it's normal. To ensure that I'm not some kind of terrorist. :P

My seat number is 1. A single chair. *I don't like stranger sitting besides me, and the reason why I love to sit at the front is because the driver is the only person I trust in the bus.

The seats on the first raw was merely filled by me and no one on the second raw. I guess there were only about 14-17 of passengers in the bus. Now, the journey began. Everything was normal. Up till I heard the bus driver was talking to himself. erk ? o.O

At first, I'm just ignoring him. But he started to freaking me out when he kept turning around and looking at me. What the ?? Seriously ! I was pretending to sleep, and he kept doing so while talking to himself.

Well, the driver was not as handsome as this guy la.. ^^. But this is how he did.

There were two road accident occurred. As the bus passing by each of the accident. He was babbling to himself. oh yeah, the part when he turn around a few seconds to see me, he also did so while talking...anddd laughing. perhhhh...scary wohhh. I looked at my watch, it is now almost 8 pm. So, everything turns darker. The bus driver now kept looking on the mirror to see the passengers at the back. I also did turn at the back to see them. Almost everyone were sleeping.

Looking in the mirror, then turning around to look at me. Talking to himself and laughing.

Freak!


I felt like I was the only one in the bus. Ever watched any thriller movie when the character in the bus or taxi, plus in the middle of a night and then suddenly the driver talking to himself and looking at that character ? Yeah, that is the situation. haha..What I did ? I stand up, walking to the back, find an empty seat and sat there.

But everything was fine. As soon as I reached to KL around at 9.15 pm, straight away I got down from the bus. ^^

Thats all. ^^


Tuesday, April 12, 2011

Ideology vs Style of Writing


Ideology and writing style


What is ideology ?

What is style of writing ?

Do both of it give the same definitions and concepts ?

Bismilahirramanirahim..

Assalamualaikum to all muslim readers, and hello to non-muslims. First of all, this entry have nothing to do neither with Islam, international nor law. So, I would rather labelled it as 'complaint' instead of any of these three labels. There are three main points that I would like to point out in this entry, in which regarding to my ideology and style of writing, way to express our ideology and how our ideology develop.

Basically, whenever I or any other bloggers out there posting
their entry which regards to their opinion, thoughts, points of view and so on we could actually see their style of writing. In a mean time, each of them, including me would rather stands by our decisions, arguments, beliefs and whatsoever terms that you called that.

So, someone told me that my style of writing showing my ideology. Each of my entry. Is it ? Which means, my entries are my ideology ? No offence, but I think you got the wrong concept and idea what is actually ideology and what is actually a style of writing.

In a simple way, style of writing actually indicates about the manner which a particular writer chooses his or her own way to address an issue. We could say that style of writing actually shows how the writer choosing his or her own machinery of writing. It means, the structure and system of an organizations or process. For instance, short, simple sentences, including the usage of vocabularies and so forth.

I give you an example of my style of writing. I used to includes some sort of second character in most of my entries. Something like internal monologue. Any words or sentences with an italic form is actually indicating of my internal monologue. Like this..

"Don't you think it's quite nonsense to give an explanation regarding this simple things ?"

Get it ? So now, what is ideology ?

Psychologically, it means the social cognition. But in a simple sentence, it illustrates our beliefs, principles, a set of ideas and etc which shared by each of a members of a particular group in society. Somehow we will express it indirectly even though usually in our everyday discourse we express and throw our ideology in derogatory way. Undeniable. Inevitable.

So, does every and each of my entries illustrates my ideology. When it is more on laws and international, I believe so, but the rest ? Nope. The answer is there. Asking about axiomatic things is ridiculous. Somehow, saying something or responding towards something doesn't need our ideology. Talking or interpreting or evaluating your friends is not using our ideology. It is attitude. It is the way how that person perceives our thoughts.

I'll give you another example. Does ideology and philosophy is the same thing ? Totally not. It seems so but actually ideology is distinct with philosophy. Ideology is a set of ideas and beliefs. Philosophy in contrast examine the way ideology affects the other. Thus, sometimes interpreting something or someone is actually showing our attitudes.
Scheme of mind.

Expressing Ideology


As I mentioned just now, most of the time we actually throwing out our ideology either directly or indirectly in a derogatory way. I know you have your own stand, your own belief and principles. Somehow your ideology is right. Despite all of that, putting out your argument to ensure that people adhere and conform with you in way of no respects is very rude and harsh. There's a polite way to do that. Honestly, sometimes I did that.

For instance, everyone have their own thoughts and set of ideas regarding the politics. I believe most of them have a different belief and principles. Yet, expressing it with no respects is not a good way. When opposing something and trying to make people conform with you by actually accusing and using rhetorical way of expressing is not a fair responds.

Developing Ideology


Sometimes the way we express our ideology can be considered as our ideology. Why ? Because we develop ideology through our experience from surrounding, in results of our social interactions in social situations. It is one of the part of our social organisations and so forth.

I'm not asking for you to totally opposed any other ideology that distinct with your ideology. A little considerations and discussions are the good ways. Since the other members of the other groups living in a different environment, therefore, their ideology will develop in a different ways. Some people lives as a woman, discriminate in each of their actions and activities, thus it's a big chances for them to develop to be a feminist. Asking for a total equal opportunities and rights, and I mean a total equal rights. Can we ? Well, it is based on their ideology.

wahh..I feel so sleepy right now. That's all. Peace be upon you muslim readers and have a nice sleep guys. ^^,

Sunday, April 10, 2011

Hate ( I really don't like you) ~ Plain White T's

I am facing some difficulties, so if you wanna watch it, go to this link. I can upload it, it is just that, there's a little tiny things will appears which makes it a little ugly. ^^
anyway..it's really really really a nice song.. :)

I love the lyrics for some reasons..seriously.

Love love love love love love

You were everything I wanted
You were everything a girl could be
Then you left me brokenhearted
Now you don't mean a thing to me

All I wanted was your
Love love love love love love

Hate is a strong word
But I really, really, really don't like you
Now that it's over
I don't even know what I liked about you
Brought you around and you just brought me down
Hate is a strong word
But I really, really, really don't like you
I really don't like you

Thought that everything was perfect (perfect)
Isn't that how it's supposed to be?
Thought you thought that I was worth it
Now I think a little differently

All I wanted was your
Love love love love love love

Hate is a strong word
But I really, really, really don't like you (I really don't like you)
Now that it's over
I don't even know what I liked about you (liked about you)
Brought you around and you just brought me down
Hate is a strong word
But I really, really, really don't like you

Now that it's over you can't hurt me
Now that it's over you can't bring me down

Oh oh oh oh oh oh
Oh oh oh oh oh oh

All I wanted was your
Love love love love love love

(Hate) Hate is a strong word
But I really, really, really don't like you (I really don't like you)
Now that it's over
I don't even know what I liked about you (liked about you)
Brought you around and you just brought me down
(Hate) Hate is a strong word
But I really, really, really don't like you
(Oh oh oh oh oh oh)
I really don't like you
(Oh oh oh oh oh oh)
I really don't like you
(Oh oh oh oh oh oh)
I really don't like you
(Oh oh oh oh oh oh)

Criminal Law Based On Islamic Perspective.


In the name of Allah, the Beneficent, the Merciful.

I greet you all my brothers and sisters of my muslim relatives with the Islamic greeting of peace, assalamualaikum w.b.t.

Alright, what I promised, I must deliver it. But, first of all, I know that today is Sunday. So, sorry. I just got back to Kuala Lumpur by this evening. Despite all of my activities, I do still trying my best to post this entry. Ok, lets get straight to the point.

What is the objectives of this entry ?

1. I made my promise to post this entry
2. In my entry which regards to the bribery crime, I did mentioned pertaining to my suggestion that for this kind of offence, death sentence should be put forward. So, my suggestion is based on what? I will answer it in this entry.

I don't think it is necessary for me to go from the most basic points, so I will explain what is only pertaining to my objectives only.

As we know, criminal law based on Islamic perspective is not merely lie on Hudud only. Be clear about that. The other types of criminal law apply is Ta'zir.

So, what is ta'zir ?

Literally, it means 'preventing'. But conceptuality (shortly), it refers to a punishment which is not has been stated neither in the Qur'an nor Hadith.

What are the examples of offences which fall under this concept ?

There are as such as lying, bribery, gambling, lying and etc.

What are the types of punishments apply under this concept ?

Isolating, fine, advice, imprisonment, strokes, death and etc.

See the words bribe and death ?

Another important points that you have to keep in mind is, this type of criminal law is a discretionary kinds of law which will be decided by the judge called Cadi. Basically, the decision is depends on the degree of seriousness which is regards to the consequences toward the society and so on.

Thank you. Peace be upon you. ^^o

"Heaven Is A Place On Earth" ?




Assalamualaikum w.b.t..

In the name of Allah, the Beneficent, the Merciful.

Read the title of this entry first. It is a title of a song, sing by Katie Thompson. Ever heard about this song ? I bet you had. Well, not all of you, some of you might have heard it. It's not going to be a long entry. Just this..


Narrated by Abu Hurairah r.a that Rasulullah s.a.w (peace and blessing be upon him) said "The world is the jail of the believer and paradise of the disbeliever."


Why heaven ?

Well, they (disbeliever) eat what they wanted to eat, drink what they wanted to drink, do what they wanted to do. No prohibitory at all. It's a paradise for them.

Why jail ?

For a believer, we do what we have and allowed for us to do, leave what is prohibited for and a there is a reward that awaits.

That's all. Thanks for reading.

p.s: I noticed that one of my friend on facebook keep posting about this song, so I take a shot to give a comment on that..

Peace be upon you my brothers and sisters. ^^

Monday, March 28, 2011

The Death Penalty.


Bismilahirahmanirrahim..in the name of Allah, the Beneficent, the Merciful.

I greet you all my brothers and sisters of my muslim relatives with the Islamic greeting of peace. Assalamualaikum wbt.

Alright. In this entry I would like to argue and discuss about the death penalty not about the United Nations. Why I put that picture ? Well, read for further, then you will know.

"Why do you want to talk about this?"

Well, obviously it is one of our current issue right now. In facts, it is considered as one of the most hot topic which is being brought into an arena of debate. A world debate. Since 18th of December 2007, the United Nation actually was already proposed a resolution 62/149. This moratorium is regards with the abolishment of the use of the death penalty. Yup, they are trying to abolish the term of the 'death penalty' from any of the dictionaries of punishment. Actually I already post an entry which is pertaining to this entry entitled resolution 62/149 on 16th of November 2010. Click to that link for a further information about this resolution.

"Reason(s) of abolishment?"

They stand by their argument put forward by saying that the death punishment is correlated with our human rights. They used the term of 'violations of human right'.

Note: I'm afraid some of you will get confuse with the word 'they'. Here I am referring 'they' to the United Nations.

In Article 3 of Universal Declaration of Human Rights provides that everyone has the right to life, liberty and security of person. I bold the world 'right to life'.

Yes, they stand their argument with this article. They considering that the used of the death penalty undermines human dignity, and convinced that their resolution will lead to the enhancement and progressive development of human rights. At the same time they said that there is no conclusive evidence of the deterrent value of this penalty and that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable.

Last year, in 2010 we could see Mongolia declared this moratorium and Gabon became the 16th African Union member country to abolish this kind of practice. Notice the words 'irreversible and irreparable' in the above paragraph? Well, they are trying to demonstrate these words with this video.

Enough said from their sides of arguments, and this is what I'm afraid of. I'm afraid if Malaysia also put the same action as what the Mongolia and Gabon did.

"Why ?"

First and foremost, i made my stand by saying that I am totally opposed this resolution because of the word "..world is free of the death penalty.." in which it is quoted by Shetty.

"Critically, define this sentence"

Simple, no more death penalty. Not even for a murders, rapes, terrorisms and etc. You name it, and it's mean, no death penalty at all. Now I would like to put a simple question. If they said that death penalty is a violence to what so called as right to life of Article 3 in Universal Declaration of Human Right, then what do you call that when a person being murdered by another person, and that murder is only sentence to imprisonment for five years, back then he's going back to his world of crime, murder, imprisonment, again and again ?

Ever heard the word of justice ?

Justice according to Ross, is the correct application of a law, as opposed to arbitrariness by making decision based on rule and law of evidence and trial, not by mere personal suspicion or opinion.

I would like to stress on the words 'the correct application of a law'. Yes, I agree that on a certain parts of a crime, the death penalty is not a right practice. I said, on a certain, Not all. That is why I stress on the words the correct application of a law. Because a murder deserved a death sentence. If you have already watched the video, here is my argument. Because of the system itself. First, listen carefully and you would hear the word jury.

"Who is jury ?"

A jury is a group of people, usually consists of 12 people who judge a court case. Members of jury are ordinary members of the public. Do they qualified and deserved to decide a case ?They are vulnerable in which their actions are easy to get affected by their feelings, not by their professional points of view based on laws and evidences.

I would like you to watch this video.

Stress on this part..
"...How misguided are you. I feed you with a couple of bullshit legal precedents and there you go. You jump on it (conclusion)..."

Imagine, even a judge could made a mistake, how about a jury ? I'm not put 100 percents blame on the jury, but on the system itself.

That is why they shouldn't put their arguments upon the death penalty. Because sometimes, even a smaller punishment, they might putting a false sentence. Then, you would say that we should abolished all the punishments to avoid any mistake ?

Next, this is Malaysia. An Islamic country. Treating a murders with a death sentence is something known as equality.

"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 transgress the limits (i.e kills the killer after taking the blood money), he shall have a painful torment."
(Al-Baqara, verse 178).

Before this I already post an entry on 30th of October 2010, which is correlated with this verse. An entry entitle the law of equality in punishment. In this entry also, I already states that Malaysia does not sign the convention of the Article 6 of the International Covenant on Civil and Political Rights which providing to the right to life, including repeal the death penalty.

"In the law of equality there is (saving of) life to you O ye man of understanding! that ye may restrain yourselves. " (Al-Baqara, verse 179)

The enforcement of the Qisas is to ensure that the lives of other people is awake due to the fact that if those who understand will know that when they killed, they will be killed or sentence to death and thus he will not commit a murder.

note: I don't think I have to explain that on what circumstances did the death penalty is put upon a murder. I mean, for instance if you are accidentally killed a person in order to protect yourself, you are not going to put into a death sentence.

To strengthened my argument, we must understand that 'treat like cases alike' and 'treat different cases differently' as proposed and stated in the Book entitled "The Concept of Law" written by H.L.A Hart.

Last but not least, I would like to summarize my arguments into 4 points.

1. The death penalty should be abolish on a certain classification of crimes and not the entire and all types of crimes, as due to its degree of seriousness, the concept of equality and justice.

2. Malaysia does not sign the the convention of the Article 6 of the International Covenant on Civil and Political Rights which providing to the right to life, including repeal the death penalty, and thus Malaysia does not have to abolish it.

3. Malaysia is an Islamic country, so Qisas should be apply and no doubt about it as it is the law transcended by Allah and we should abide by it.

4. A mistake shouldn't be put towards the practice of the death penalty, but it should be put on the system and the body of authority and human error who does not treat the cases carefully who does not put the death penalty onto the right place and the right crimes.

Thank you. Asslamualaikum.. (^_^)