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Browsing All Posts filed under »Lina, why the controversy?«
As Steven Oh stands by his words, so I stand by him
On 5th November, a letter penned by Steven Oh appeared in Malaysiakini. Yesterday, 15 police officers descended upon the office of Malaysiakini to investigate that letter. Malaysiakini, it seems, is now being investigated, in connection with the publication of Steven’s letter, in relation to a possible offence under section 298 of the Penal Code of […]
Lina, Why the controversy? : Challenging idiotic laws
July 3, 2007
Efforts have been made to challenge the ‘multi-defined Muslim’ and the ‘Muslim attempting to unlove his wife’ laws. Lina challenged section 2 of the Administration of Islam (Federal Territory) Act, 1993 in the High Court. Look at roman numeral (ii) at page 246 of the reported judgment. Kamariah Ali and 3 others challenged the ‘multi-defined Muslim’ and the ‘Muslim […]
Lina, Why the controversy? : Getting round the legislative impasse and the multi-defined Muslim who’s attempting to unlove his wife
June 30, 2007
So Parliament and the state legislative assemblies cannot pass apostasy laws. So what? More than one way to skin an apostate. You think ‘jurisdiction only over persons professing the religion of Islam’ is going to get in the way of hauling apostates before the Syariah Courts? Think again. There’re legal eagles in the AG’s Chambers, okay, and […]
Lina, Why the controversy? : Who can pass apostasy laws, and how? (3)
June 27, 2007
Before we get to the question ‘Who can pass apostasy laws, and how?’, let’s first establish a working definition of ‘apostate’, so that we are not approaching the issue at cross purposes. We might as well also get a few other concepts clear. Apostate defined Cambridge Advanced Learners Dictionary offers the following meaning of ‘apostate’. ‘a […]
Lina, Why the controversy? : Who can pass apostasy laws, and how? (2)
June 24, 2007
Ng Wan Chan was decided in the civil High Court. Dalip Kaur was decided by the then Supreme Court and subsequent to Ng Wan Chan. Both cases raised the same issue : the faith of the deceased at the time of death. Two important differences between these 2 cases. First, unlike in Ng Wan Chan, it does […]
Lina, Why the controversy? : Who can pass apostasy laws, and how? (1)
June 21, 2007
In the ‘What’s not the controversy’ post, I promised to discuss the cases of Ng Wan Chan and Dalip Kaur. Both reported judgments are fairly short and make for interesting reading. I would urge you to read both in full. Ng Wan Chan A dispute arose between a widow and the Islamic religous authorities over the […]
Lina, why the controversy?: What’s not the controversy
June 18, 2007
If we’re going to understand the real controversy, we have to be clear what is not the controversy. In other words, we must weed out any red herrings. We must be clear what Lina’s issues were. We must not allow ourselves to be confused by claims from certain quarters. Remember that it started out as an […]
Lina, why the controversy ?: Historical and constitutional position of Islam judicially examined
June 6, 2007
After the Federal Court judgment, Yusri Mohamed of ABIM issued a media statement on behalf of PEMBELA. Amongst other things, he said that the decision vindicated and upheld : ‘the existing arrangement relating to the position of Islam and the Shariah courts in the constitutional and legal set-up of the country. An arrangement that has been in […]
Lina, why the controversy? : A first look at the Constitution
June 5, 2007
1. The Supreme Constitution That ‘s what Article 4(1) plainly states. ‘This Constitution is the supreme law of the Federation…’. It means just that. In Malaysia, there is no higher law than the Constitution. The same clause goes on to provide that any law passed after Merdeka which is inconsistent with the Constitution is, […]
Lina, why the controversy?
June 4, 2007
In another Malaysiakini report dated 2/6/2007 entitled ‘Anwar: Don’t sweep issue under the carpet’, Muslim Professionals Forum (MPF) chairperson Dr Mazeni Alwi is reported to have described Lina’s case as : ‘a purely administrative procedure that degenerated into “unhealthy tensions” between Muslims and non-Muslims’. Dr Mazeni is reported to have further opined as follows: “However this has […]
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November 9, 2012
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