‘Forbidden couple’ escape

By SIRA HABIBU

PETALING JAYA: Despite being under siege, the infamous “forbidden couple” of Kelantan managed to dash out of their house before the arrival of religious enforcement officers. The couple have now gone into hiding.

A group of 20 people had been camping overnight outside the house of former Kelantan PAS Youth information chief Dr Rosli Allani Abd Kadir, 35, in Telipot near Kota Baru but they failed to prevent him from fleeing with his 30-year-old second wife Ilyani Mohd Noor at about 10.30am yesterday.

Dr Rosli had been ordered by the Kota Baru Syariah High Court to stay separately from Illyani pending a decision on the validity of their marriage.

On the lam: Dr Rosli and Ilyani getting into a car to make their escape in Kota Baru Tuesday. — Bernama

They had defied the order and continued staying together.

The group, which was led by llyani’s father Mohd Noor Che Man, had gathered around Dr Rosli’s house since 3pm on Monday.

Mohd Noor had earlier yesterday gone to the court to get a copy of the interim mufarakah (separation) order.

The order, which was signed by Kelantan Syariah High Court judge Mohamed Yusoff Awang, was then given to an enforcement officer.

“When I returned, my daughter had fled with Dr Rosli,” Mohd Noor said.

He said the group could not physically restrain the couple because they were not enforcement officers.

“If the enforcement officers had come earlier, they would have been nabbed,” he said.

Mohd Noor had initiated legal action after learning that his daughter’s marriage certificate dated Dec 26, 2008 could be a fake.

He said he was not aware of the “wedding” until about eight months later, adding that he had advised his daughter not to wed a married man.

“I am doing all this because I do not want my daughter to live in sin. We leave it to the court to decide on the validity of the marriage,” he said.

Mohd Noor said his daughter claimed that they had solemnised their wedding again in southern Thailand.

“But she could not show me the marriage certificate,” he said.

Transgenders, from Islam's perspective

Mohammad Hashim Kamali

ISLAMIC jurisprudence provides only some detail on the treatment of persons who combine the characteristics of both sexes: transgenders and hermaphrodites (khuntha), and men with innate effeminate tendencies (mukhannath). Issues of concern over their inheritance rights, qualification as witnesses, and rules of female privacy (satr) are discussed. I shall review some of these, but then also pose the larger question of fairness over the stigma and prejudice that such persons face in our midst. Some of these were highlighted in a New Straits Times editorial (Dec 20), and several interviews and responses given by religious leaders and others on the subject.

Both khuntha and mukhannath are qualified to be witnesses if they are upright ('adl) and do not actively exhibit or exaggerate their masculine or feminine tendencies, but not so if they do, as that would undermine their rectitude.

Yet the leading schools of Islamic law have differed due to a renowned hadith proclaiming that "Muslims are upright in relationship to one another", which means that people are presumed to be upright unless proven otherwise.

Innate tendencies beyond a person's control do not disqualify a witness -- as is understood from the Quranic verse that "every soul is accountable for its own (deliberate) deeds" (52:21, also 14:21 and 74:38).

Hadith also indicate that the mukhannath and herma-phrodite are treated like other men with regard to rules of privacy (satr), especially of women in the household. The Prophet Muhammad discouraged the entry of mukhannnath with no known desire for women into his household. This restriction may, however, be relaxed in cases of evident need and circumstances such as age and reliability of the person involved.

The Islamic inheritance laws only address the position of khuntha or hermaphrodite. This is a person who has both male and female organs, or one who may have neither. Khuntha are of two types: intractable (khuntha mushkil) and discernible (khuntha ghayr mushkil). The latter is one whose gender can be determined through investigation, but the former presents a dilemma as to entitlement to a share, whether of a male or female, in inheritance. It is suggested that two distributions of the estate should be attempted, one assuming the beneficiary as male and the other as female.

If the share turns out to be equal in both cases, there is no issue, but if they differ, the schools of law provide different answers: khuntha is to be given the lesser of the two shares (Hanafi school); one half of the male and one half of the female shares combined is to be given (Maliki); the khuntha and all existing heirs should receive the lesser of the two distributions with the remainder to be held in reserve until his or her condition becomes known and then distributed accordingly (Shafi'i and Hanbali schools).

Yet the issue before us is not as much legal as cultural. Many Malaysians have spoken compassionately on the issue to say that "transgenders face stigma and discrimination from a very young age"; that "most transsexuals never get past the job interview"; that "those who wish to practise their faith are ostracised from most churches and mosques"; and that "most are unable to change their sex assignment in their birth certificates, identity cards, driving licences and passports".

In the absence of specific responses to such questions in Islamic jurisprudence, I refer to some of the general guidelines of the Quran and hadith -- an approach in line with the Islamic methodology of juristic reasoning (ijtihad).

Islam identifies itself as din al-fitrah, a religion that manifests harmony with human nature (Quran, 30:30), which implies that it seeks to respond positively to the legitimate needs of people. Our natural need and reason, informed by the available guidelines of Islam, should thus lead us in our quest for answers.

God's affirmation in the Quran that "we have bestowed dignity on the children of Adam" (17:70) is unqualified and absolute in that human dignity is divinely ordained and inheres in all individuals by virtue of their humanity.

It is also a governing principle of Islam that should duly be reflected in all human relations, laws and governance, social and cultural affairs. Even criminals are not excepted. Although some jurists have argued that crime compromises the dignity of its perpetrator, the general position remains that Islam does not permit undignified and inhumane treatment of criminals and prisoners, apart from what the due course of justice may determine for them.

The Prophet is reported to have said in a hadith that "people are God's children and those most beloved to God are the ones who treat His children kindly". Each and every one of us partakes in a sparkle of the Divine (38:72), and deserves to be treated with fairness (ihsan) and justice, such that it is becoming of the grace and dignity that human beings, too, must practise in relationship to one another.

The Quran further provides: "there shall be no hostility except against the oppressors" (2:193). Everyone's life, property and honour is immune against aggression, humiliation and ridicule, except for those who commit acts of injustice. Issues of accountability, reward and punishment in Islam, as in other major traditions, are inextricably linked with moral autonomy and intent.

No one must be made to suffer without guilt and due process that necessitates proof of intentional behaviour.

Finally, fraternity (ukhuwwah; 49:10) and cooperation in good works (ta'awun; 5:20) are among the leading, yet often neglected, guidelines of Islam that must duly be reflected, especially at a time when all of us are called upon to strengthen the spirit of unity under 1Malaysia.

Most of this will remain empty preaching unless measures are taken by the authorities, religious leaders -- indeed all Malaysians -- to translate them into appropriate action.

Horizon Hills Islamic notes ratings affirmed

THE Malaysian Rating Corporation Bhd (MARC) has affirmed its rating on Horizon Hills Development Sdn Bhd's Islamic Bank Guaranteed Medium-Term Notes (IMTN) Programme of up to RM200 million at AAA-ID(bg).

The rating house also affirmed the rating on Horizon Hills' Islamic Commercial Papers (ICP) Programme of up to RM70 million at MARC-1 ID(s).

Both ratings carry a stable outlook, it said in a statement today.

The IMTN benefits from an unconditional and irrevocable guarantee by Public Bank Bhd which carries MARC's public information rating of AAA. It is premised on the bank's well established domestic market position with about 13 per cent of commercial banking sector assets.

The affirmed short-term rating of MARC-1 for the ICP programme reflects MARC's public information corporate credit ratings on Gamuda Bhd and corporate credit rating of UEM Land Bhd, both of which jointly own Horizon Hills.

Gamuda and UEM Land have provided unconditional and irrevocable undertakings in proportion to the size of their shareholdings to meet any financial obligation under the rated debt of up to RM280 million.

Additionally, both shareholders have committed to provide equity contributions of up to RM30 million collectively to fund any cash flow deficit of the Horizon Hills project and/or to meet financial covenants under the rated facilities.

The stable rating outlook incorporates that for UEM Land, Gamuda and Public Bank, MARC said.

Horizon Hills is a 1,228-acre residential project in the 23,875-acre Nusajaya, located within the Iskandar economic zone. It was launched in 2007 with an estimated gross development value (GDV) of RM3.42 billion.

Consisting of 12 gated-and-guarded precincts, strong security features, an 18-hole golf course and clubhouse, Horizon Hills targets the middle to high end market segment.

It has achieved an average take-up rate of 77 per cent for its launched phases as of July 31 with future expected billings from contracted sales (unbilled sales) standing at RM117.9 million.

The sales is supported by fairly strong expatriate demand.

For financial year ended Dec 31, 2008, Horizon Hills reported a sharp increase in revenue to RM126.2 million from RM26.1 million in the previous year with pre-tax profit rising to RM13.9 million from RM5.1 million previously.

MARC undertook a review of UEM Land and Gamuda's public information corporate credit ratings in conjunction with its review of its MARC-1 ID(s) rating on the ICP programme.

MARC is of the view that both entities continue to maintain credit profiles consistent with a MARC-1 ID(s) short-term rating.

UEM Land's government ownership and support through Khazanah Nasional Bhd, the government's investment holding arm, continues to be a major driver of its credit strength. -- BERNAMA

PAS denies association with Selangor ‘group’

KUALA LUMPUR: PAS dismissed on Sunday claims that its members were in a group of people that had called on the party to withdraw from the Pakatan Rakyat pact in Selangor.

PAS vice-president Salahuddin Ayub said there was no such group in the party and that it was set up to belittle the party.

"I do not know them. The group does not come under us (PAS), and this is all slanderous," he said when contacted by Bernama.

Salahuddin, who is the member of parliament for Kubang Kerian, was asked tocomment on the claim by a group of so-called supporters of PAS in Selangor urging the party to withdraw from the Pakatan Rakyat pact in the state, allegedly over disappointment with the Selangor government leadership on the matter of championing Islam and the Malays.

Asked whether PAS planned to take legal action against the group, he said PAS was scrutinising the matter for the moment.

"We will look into that (legal action) later. Let things be for now," he said.

Selangor PAS commissioner Datuk Dr Hassan Ali could not be contacted for his comment on the matter.

The group had said it would hand a memorandum to Hassan at his office on Monday. - Bernama

Asia marks tsunami's fifth anniversary with prayers

Acehnese women weep during a mass prayer for the victims of the 2004 Indian Ocean tsunami, in Lampuuk mosque, in Indonesia's Aceh province. - Reuters pic

PATONG, Thailand, Dec 26 — Thousands of saffron-robed Thai monks chanted and prayed for victims of the Indian Ocean tsunami on Saturday as Asia marked the fifth anniversary of one of history's worst natural disasters.

The gathering of monks in Ban Nam Khem, a small fishing village on Thailand's Andaman Sea coast that lost nearly half its 5,000 people, was one of hundreds of solemn events across Asia in memory of the towering waves that crashed ashore with little warning on Dec 26, 2004, killing 226,000 people in 13 countries.

"All souls from all nationalities, wherever you are now, please receive the prayers the monks are saying for you," said Kularb Pliamyai, who lost 10 family members in Ban Nam Khem.

In Indonesia's Banda Aceh, about 100 people dressed took part in a prayer ceremony close to a fishing boat that landed on the rooftop of a two-storey house after being swept miles inland.

Indonesia was the worst hit with the number of dead and missing over 166,000. Massive reconstruction aid in Banda Aceh has rebuilt a new city on top of the ruins, and many survivors are only now putting memories of the waves behind them.

Some villagers shed tears as they remembered the day their homes and lives were destroyed by the wall of water that rose as high as 30 metres, triggered by an undersea earthquake off the island of Sumatra.

"I will never forget it in all my life. After the earthquake, we ran out of the house and within minutes people screamed on seeing the towering water," said Ambasiah, 40, owner of the house with the fishing boat where about 50 people took refuge.

"When the water got higher, suddenly a boat landed on top of the house. We climbed and stayed there until afternoon. We saw the waves from atop."

Indonesian Vice President Boediono attended another ceremony in Ulee Lheu, a port about 5 km from Banda Aceh which was worst-hit by the tsunami.

"After five years, the government of Aceh and Aceh people, with the help of the central government and the international society, have resurrected Aceh to start a new life and rebuild Aceh," he told a gathering of about 1,000 people.

Some locals such as Taufik Rahmat say they have moved on, helped along by new homes in the Banda Aceh region following one of the largest foreign fund-raising exercises. But still pockets of people in his village remain homeless.

"Not all elements have been fulfilled, I think about 80 percent to 90 percent of the people still don't have proper housing," he said.

Thailand's Ban Nam Khem village is a shadow of its former self. Its once-thriving centre of dense waterfront stores, restaurants and wooden homes is gone, replaced with souvenir shops, a wave-shaped monument and a small building filled with photographs of the tsunami recovery effort.

Many former residents are now too frightened of the sea to rebuild close to the water.

"I still feel bad about what happened. People from all over the world were killed here. It's their misfortune," Kularb said.

In Thailand, 5,398 people were killed, including several thousand foreign tourists, when the waves swamped six coastal provinces, turning some of the world's most beautiful beaches into mass graves. Many are still missing.

In Patong, a Thai beach resort village bustling with tourists, local artists performed traditional Thai songs and Buddhist monks chanted as tourists and locals gathered in a pavilion to look at photographs of the tsunami's damage. A candlelight vigil was planned for evening.

"We come and stay here because we are alive," said Ruschitschka Adolf, a 73-year-old German who survived the tsunami, as his wife Katherina waded into Patong's turquoise waters to lay white roses in the waves in memory of the dead.

Almost all of those killed were vacationing on or around the southern island of Phuket, a region that had contributed as much as 40 percent of Thailand's annual tourism income.

Tsunami aid efforts have mostly finished, said Patrick Fuller, Tsunami Communications Coordinator at the Red Cross.

"A lot of the physical reconstruction has ended. There are some major infrastructure projects that are still going on. There are some road projects, longer term projects. But all the housing projects are pretty much wrapped up," he said.

The Red Cross built 51,000 houses over the past five years, mostly in the Maldives and Indonesia.

But locals say they need more than new buildings, clean-water plants and other infrastructure.

"The economy has not recovered," said Rotjana Phraesrithong, who is in charge of the Baan Tharn Namchai Orphanage, opened in 2006 for 35 children who lost parents in the tsunami.

Dozens of small hotels and resorts are up for sale in Thailand's Phang Nga province north of Phuket whose forested coastline includes Ban Nam Khem and the serene 19-km (12-mile) Khao Lak beach, two of Thailand's worst tsunami-hit areas.

"More than 100 of these small hotels and retail tour operators are looking to sell their operations because they can't obtain loans from banks to keep going," said Krit Srifa, president of the Phang Nga Tourism Association.

A symbol of the catastrophe, the Sofitel Magic Lagoon where more than 300 guests and staff died, re-opened last month as the 298-room JW Marriott Khao Lak Resort & Spa.

In Patong, tourism is down but few blame the tsunami.

"The only time people seem to talk about the tsunami is in December during the anniversary," said Pattahanant Ketkaew, a 27-year-old manager at Phuket2Go tours near Patong beach. "Tourism is off but that's because of the global economy." — Reuters

The need for Halal Act in Malaysia

By MOHAMAD SOFEE RAZAK

MALAYSIA is far ahead compared with other Islamic countries when it intend to formulate a special act on halal status for all products which are marketed to Muslims in the country and abroad.

The provisions on such a law will be contained in the Halal Act which will be formulated next year and to be used as the main reference by players in the halal industry in the country and globally.

The long awaited act, among others, is hoped, will further stimulate development of the domestic halal industry, as well as , overcome the problem of falsifying of halal certificates which has been going on in the food product markets, services and others.

Sometimes, this halal issue creates uneasiness and dilemma among Muslims in choosing products or services which are “pure” and meet the syariah requirements.

It is also hoped that the Act will provide guidelines on the form of action and move to be taken against those using fake halal certificates and the negligence of quarters concerned in complying with halal regulations. This includes copying of certificate and those who obtain the halal certificates, but do not fully abide by the syariah requirements.

Therefore, it requires a systematic and effective enforcement to address the problem.

Hence, the Halal Act, which will be formulated, is hoped to be able to ensure all food products and the process of preparing them , as well as the inspection on their halal status be made according to Islamic laws.

Currently, the Islamic Development Department of Malaysia (Jakim), together with the Islamic Religious Department in the states, as well as the Attorney-General's Office, are drafting the law which is expected to be ready soon.

The Act is also seen as able to ensure smooth enforcement of the halal status by Jakim at business premises nationwide.

At the moment, there are several legal provisions relating to the procedure on halal certification, like the Trade Descriptions Act 1972; Trade Descriptions (Use of Expression Halal) Order 1975; Trade Description ( Food Labelling )Order 1975; Food Act 1983 and Food Regulations 1985.

The Trade Descriptions (Use of Expression Halal) Order 1975, for example, defines the use of “Halal”, “Ditanggung Halal” (Guaranteed Halal), “Makanan Islam” (Muslim Food) or similar statements shall means halal as provided by the Syariah law, while Section 2 explains the meaning of syariah laws, which is Islamic laws and the Shafie Mazhab or sect or laws in the Maliki, Hanbali or Hanafi sects which have been consented by the Yang Di-Pertuan Agong for enforcement in the federation or the Malay rulers in their respective states.

Section 3 of the order explains the use of “Halal”, “Ditanggung Halal”, “Makanan Islam” which means all food do not contain any parts from animals considered haram or prohibited for consumption in Islamic Law or are not slaughtered in accordance with Islamic practice, does not contain any ingredients which are deemed unclean (najis) according to Islamic law, are not prepared or processes using any utensils, machinery or tools which are contaminated with items considered unclean according to Islamic law, and during preparation, processing or storage, did not touch or place near any items considered unclean and prohibited within the Islamic law.

As such, if any parties who violate the regulations will be penalised.

For example, the Syariah Criminal Offence Act )Federal Territories) 1997 (Act 559), Section 42, Chapter V (Crime Offences), provides that any parties convicted in court can be fined not exceeding RM5,000 or jailed for not more than three years or both.

On this grounds, based on the existing provisions in the law and the soon to be formulated Halal Act, will produce a comprehensive legal mechanism and capable of giving a positive impact to the halal industry in the country, as well as in the world.

This innovation will ensure the rights of the Muslims to enjoy halal products without any doubts. The law will also further enhance Malaysia's integrity and image as the leader and main player in the world halal industry.

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The writer is a lawyer and PhD. student

What Do Muslims Think About Jesus (I'sa)?

Muslims respect and venerate Jesus Christ. They consider him to be one of God's greatest messengers to humankind. The Qur'an re-affirms his miraculous birth and his miraculous abilities. Furthermore, his mother Mary is regarded as one of the most pure and exalted women of all creation. As the Qur'an says:

"Behold! the angel said: 'God has chosen you and purified you and has chosen you above the women of all nations. O Mary! God gives you the good news of a word from Him, whose name shall be Messiah, Jesus son of Mary, honored in this world and the hereafter, and one of those brought near to God" (3:42).

Islam regards its teachings to be a re-affirmation and culmination of the teachings of previous monotheistic religions like Judaism and Christianity. Hence, all Muslims believe in Moses and Jesus as Prophets of God. Prophet Muhammad was commanded to recite in the Qur'an:

"Say, we believe in God and that which was revealed unto us, and that which was revealed unto Abraham and Ishmael and Isaac and Jacob, and the tribes and that which was entrusted unto Moses and Jesus and the Prophets from their Lord We make no distinction between any of them and unto Him we have submitted" (3:84).

A Muslim never refers to him simply as "Jesus", but always adds the phrase "upon him be peace." The Qur'an confirms his virgin birth, and an entire surah (chapter) of the Qur'an is entitled "Mary." The Qur'an describes the Annunciation as follows:

"She said: 'O my Lord! How shall I have a son when no man has touched me?' He said: 'Even so; God creates what He wills. When He decrees a thing, He says to it, "Be!" and it is.'" (Qur'an 3:42-7)

Jesus was born miraculously through the same power that had brought Adam into being without a father: "Truly the likeness of Jesus with God is as the likeness of Adam. He created him of dust and then said to him, 'Be!' and he was." (Qur'an 3:59)

During his prophetic mission, Jesus performed many miracles. The Qur'an tells us that he said: "I have come to you with a sign from your Lord: I make for you out of clay, as it were, a figure of a bird, and breathe into it and it becomes a bird by God's leave. And I heal the blind, and the lepers, and I raise the dead by God's leave." (Qur'an 3:49)

Neither Muhammad nor Jesus came to change the basic doctrine of the belief in One God, brought by earlier prophets, but to confirm and renew it. In the Qur'an, Jesus is reported as saying that he came: "To attest the law which was before me. And to make lawful to you part of what was forbidden to you; I have come to you with a sign from your Lord, so fear God and obey me." (Qur'an 3:50)

Forgive Nik Aziz...

06/12/2009

There is a Malay adage that goes: "Biarlah si luncai terjun dengan labunya" (literally translated, let the fat guy sinks himself in the deep end). That is what Awang can summarise from the issue on Pas spiritual leader, Nik Aziz Nik Mat's ill-intended prayer for another Muslim.

When confronted with arguments based on Islamic teaching, he is bound to react with illogical answer. Sometimes, Awang sympathizes with Nik Aziz because he is no longer rational and too difficult to apologize, even if he has done a grave mistake.

The action by the Kelantan Menteri Besar in defending his ill-intended prayer against another Muslim, shows that he is not an ulama, but a politician who uses religion for his political interests. Many see him as becoming too arrogant, which Awang agrees.

Actually, it is not the first time that Nik Aziz does so. But this time it is more desperate as a strategy to cover the many flaws and issues involving integrity and cronyism in the Pas administration of Kelantan.

The issue of haj sponsorship by a company for Nik Aziz (who then cancelled his trip after it was exposed by the media), the MACC investigations on his son-in-law, Abdul Ariffahmi Ab. Rahman, and split in the state Pas, only depicts his failure.

Pas President, Hadi Awang, opines that Nik Aziz has been given the wrong advice on the appointment of his son-in-law as the Chief Executive Officer of the Kelantan Menteri Besar Incorporated.

What does it mean? That does not take into account the minimal change in Kelantan under his leadership of almost 20 years. He depends too much on advice and is not innovative. Such is the criticism from some Pas members.

It is not surprising why Nik Aziz faces such criticism from his party, a situation which has never happened before.

There are some Pas leaders, who in silence, see the Tok Guru as a liability to the party because of the many mistakes made, which affect Pas image at the national level.

Awang wants to ask, how many Pas leaders have come forward to defend Nik Aziz in the latest issues, especially on the haj sponsorship and the issue surrounding his son-in-law? Why are they quiet? This posed a question. There are also those who openly doubt him.

Nik Aziz should look at it as a sign of rejection. But he continues to sink in the denial syndrome. As usual, he "threatens" by not forgiving those whom he said give him problems, when in fact, he is the source of the problems.

Once again, Awang wonders whether he is "maksum" (infallible). Is his action in making use of religion on certain issues not a sin, besides confusing the non-Muslims? Likewise, his political game curbs the unity of Muslims even at a time when Muslims are in an unstable situation. Is his failure in bringing progress to Kelantan good for the people, while the essence of Islamic management is excellence?

Awang has no intention to elaborate on the question of "pahala" (heavenly reward) and "dosa" (sin). Awang is not an ulama, but Awang wants to call on all Muslims in the country to forgive Nik Aziz for his sins and mistakes.

In the name of Islam, we should pray for him although he has ill-intended prayer for others. Actually, the challenges for Islamic survival also come from people who claim to be ulama. But they can also sabotage religion.