KETAHUI HAK ANDA: HAK WANITA DALAM PERUNDANGAN ISLAM

To All the Members of the Perak Bar

Sister of Islam(SIS) dengan kerjasama Ybhg Dato’ Hajjah Shamsuriah akan menganjurkan Forum “ Ketahui Hak Anda : Hak Wanita Dalam Perundangan Islam “ pada 30hb Ogos 2008.

Forum tersebut akan membincangkan tentang hak-hak wanita dalam Islam seta mengenai prosedur – prosedur Mahkamah Syariah..

Adalah diharap forum ini dapat meningkatkan dan memperkuatkan pengetahuan wanita berkenaan Hak-Hak wanita dalam Islam dan mengenai undang-undang Syariah di Malaysia terutamanya dalam isu perceraian, tuntutan nafkah, poligami, pembahagian harta, seperti faraid, wasiat, hibah,harta sepencarian wang peningglan KWSP dan lain – lain.

Dalam forum tersebut juga, kita akan sama-sama meninjau persoalan-persoalan yang seringkali bermain di fikiran wanita Islam seperti:

1. Adakah orang Islam dibenarkan meninggalkan wasiat?
2. Bagaimanakah pembahagian harta sekiranya suami meninggal dunia terutama jika tiada anak lelaki?
3. Kalau suami mahu berkahwin lagi adakah si isteri wajib membenarkanya?
4. Apakah hak isteri yang tidak bekerja terhadap harta sepencarian?
5. Apakah yang boleh dilakukan jika dipukul atau didera oleh suami?
6. Apakah yang dapat dilakukan sekiranya suami tidak memberikan kerjasama dalam urusan perceraian, nafkah dan sebagainya. Bagaimanakah mendapatkan khidmat peguam dan apakah tanggugjawab peguam?
dan banyak lagi.

Objektif forum tersebut diadakan adalah bagi:-

Meningkatkan kefahaman mengenai hak-hak wanita dalam Islam , khususnya dalam hal tuntutan nafkah, perceraian, isu poligami, pembahagian harta dan sebagainya.
Memberi kesedaran tentang hak-hak wanita dalam undang-undang Syariah di Malaysia.
Menyediakan platform untuk wanita-wanita bertemu dan berkongsi pengalaman antara satu sama lain.
Membincangkan bagaimana kaedah wanita bersama-sama dapat membantu rakan-rakan yang mengalami masalah.

Sila buat pengesahan kehadiran anda kepada Cik Prem/Cik Sarah dengan menghubungi Sekretariat Jawatankuasa Peguam Perak sebelum 25hb Ogos 2008.

Kehadiran dan sokongan anda bagi menjayakan forum ini amatlah dialu-alukan dan diucapkan ribuan terima kasih

Yang benar,

Bagi pihak Dato’ Shamsuriah
Pengerusi
Jawatankuasa Undang –Undang Syariah
Jawatankuasa Peguam Negeri Perak


PROGRAM

FORUM
“KETAHUI HAK ANDA”
HAK WANITA DALAM PERUNDANGAN ISLAM”

Anjuran Sisters In Islam

Tarikh : 30hb Ogos 2008
Waktu : 9.00pagi - 5.00petang
Tempat : Hotel Impiana Casuarina, Ipoh.

Masa Sesi

9.00pg-9.30pg SESI PENDAFTARAN dan Minum Pagi

9.30pg-9.40pg SESI 1 : Kata –kata Aluan

9.40pg-10.30pg SESI 2 : Pengenalan Mengenai Sisters In Islam
Dan Isu Wanita Islam Di Malaysia
Oleh : Norhayati Kaprawi (Pengurus Program, Sisters in Islam)

10.30pg -12.00tg SESI 3 : Undang- Undang Keluarga Islam di
Malaysia dan Negara-Negara Islam
Oleh : Sa’adiah Din (Pegawai Syariah Berdaftar)

12.00tg - 1.00ptg SESI 4 : Memahami Shariah Untuk Wanita
Oleh : Ketua Hakim Syarie Terengganu dan
Bekas Mufti Terengganu, Ybhg Dato’ Hj Ismail Bin Yahya

1.00ptg -2.30ptg Makan Tengahari dan Sembahyang Zohor

2.30ptg -2.45ptg Selawat Gender

1.00ptg -2.30ptg SESI 5 : Harta Dalam Perkahwinan – Hak Nafkah
Harta Sepencarian, Harta Waris
Oleh : Ketua Hakim Syarie Terengganu dan Bekas Mufti Terengganu, Ybhg Dato’ Hj Ismail bin Yahya

3.45ptg - 4.00ptg Minum Petang

4.00ptg - 4.30ptg SESI 6: Siapakah Yang Dapat Membantu Wanita dan Bagaimana Wanita Dapat Membantu Sesama Sendiri
Oleh : Norhayati Kaprawi (Pengurus Program,
Sisters In Islam)

4.30ptg – 5.00ptg SESI 7 : Penilaian dan Penutup

LEGAL WORKBENCH AT DUTA COURT COMPLEX

Legal WorkBench, the Comprehensive Online Legal Resource for Malaysian Practitioners is Now Available, Free of Charge, at the Bar Room of Duta Court Complex

The KL Bar, in collaboration with Crimsonlogic Sdn Bhd, is pleased to offer free access to Legal Workbench, the premier online legal research service for practitioners of Malaysian law at the Duta Court Complex.

The service will be officially introduced to members of the KL Bar on Monday, 25 August 2008. The details of the launch are as follows:

Date : Monday, 25 August 2008

Venue : KL Bar Room, Left Wing 5^th Floor, Jalan Duta Court Complex

Time : 10am to 11am

Admission is free

Legal Workbench is a service provided by the Singapore Academy of Law and endorsed by the Bar Council, Malaysia.

First launched in 1990, the service provides convenient one-stop access to a vast repository of case law, Singapore legislation and South East Asian reference materials including textbooks and journals for lawyers in Malaysia and the region.

With Legal Workbench, you have at your fingertips:

• Malaysian case law dating as far back as 1932;
• Singapore case law from 1965;
• Heritage Law Reports (1808-1980) – a unique collection of early law reports of Malaya and Singapore not found elsewhere
• English case law comprising an archive of the Weekly Law Reports series from 1953 and the Law Reports from 1865 as provided by Justis Publishing and the Incorporated Council for Law Reporting (ICLR) for England and Wales.

With highly integrated databases this service provides rich cross referencing, and seamless linking between Malaysian, Singapore and English cases saving you critical time and money.

Numerous easy-to–use tools have been included - all designed to help you, the busy lawyer, to manage your research more efficiently and effectively for e.g. through saved searches, reminders, e-mail alerts and automated time-keeping.

For more information on the service, Click here or call toll-free 1800 813 874 or e-mail juliethomas@crimsonlogic.com.

To familiarize you with Legal WorkBench, we will also be offering training sessions on 25^th and 26^th August 2008 at the Malaysian Bar Council Auditorium from 4pm to 5.30pm. To register for the session call Yusniza at (603) 80700892 or e-mail yusniza@crimsonlogic.com

DOES ISLAM NEED DEFENDING?

Those who, stand either individually or in clumps, and claim that they are defending Islam do not trust in Allah and thereby blaspheme. Let us consider some of the more relevant and obvious repercussions of accepting Allah as the "The Originator of the heavens and the earth!" (Surah 6:101) which is basically this Universe, and the many billion other universes out there, all that space, and clutter in between. We, in truth, don't even make up an atom of a grain of sand in the entire scheme of things. And those are just His creations - so, in truth, we will never be able to even comprehend Allah. Whoever claims they do, makes false claims to godhood.

Let us consider this starting point: that we are unfathomably small in His entire design. We die out just like all other living things on this earth. Our lifespan is short - a maximum of just over one hundred - with an average of about late 60s these days. We, as Homo Sapiens, only arrived on the scene relatively recently i.e. about 400,000 years ago, and our recorded history only stretches back to about 32,000 years ago with those cave paintings in Chauvet Cave of Chauvet-Pont-d'Arc Cave, in southern France. The earth is estimated by scientists to be approximately between 4.5 - 6 billion years old. So that's how we are even compared to the earth. Nothing much. And the universe? Scientists currently estimate it to be about 13.7 billion years old. So temporally our Homo Sapien race existence compared to the universe - our significance is 0.0000029197080. Now you then divide that by all the many people, animals, etc. and you come through and we realize how insignificant any of us are in the entire scheme of the universe. Even if you had the biological abilities, you just didn't the time.

When seen in this light, that Allah was long before us and shall be for ever, so what does it matter if some of his most insignificant creations on one of His billions, if not trillions, of galaxies and planet, does not believe in Him or infringes His injunctions? What does it matter that there are these non-believers who speak ill of Him? The truth is that no one can harm Allah or his religion because we are in His realm. What is more, going by scripture, we are all answerable to him on Judgment Day, so why should we have to answer to someone lesser whilst we are alive? A comparative analogy of the relationship between Allah and mankind/His Universe would be as a computer programmer to his program. Whatever program a programmer programs into his computer can never harm him (assuming it is your usual standard desktop PC and not some robotic killer machine whose sole purpose is to annihilate any living thing) - he can manipulate it, change it, do virtually anything to it but the computer or its programs or the product of its program can never, ever harm the programmer. So when there is no threat, there cannot be a defence.

And Allah is Eternal and Creator of All - what possible threat can there be to the Supreme Being of the Universe? If even Satan himself cannot bring about such an event (because he will get his butt kicked in the End), then what more the mere sons of Adam? And what do these ants think they can do in Allah's defence? That some of his sons thinks that Allah is in need of protection is to betray what they really think of themselves and Allah. The first is that they think too highly of himself and his worth to Allah and the Universe and secondly, they think too lowly of Allah and his Creations. They do not say this explicitly, but there is no need to because actions have always spoken louder than words.

If Allah does not need defenders, neither then does Islam. So what is this Defence of Islam really about then?

It's the same thing that has happened over the centuries where religion is concerned: frustrated, unthinking, unlearned, morally and ethically corrupt human beings who want to achieve some control in their livese and that of others, and do so by piggybacking on a religion to establish a high moral position and to burn with righteous anger with supposed authority from God with which he can then carry out his psychosis. This Defence of Islam strategy is an attempt to play up their victimhood (defence presupposes an attack) to try and attract sympathy from concerned or related parties. But then in banding together and claiming defence they then allow themselves the possibility of a pre-attack strike (that is a 'defence' too which America used as a justification in attacking Iraq. Anybody notice the similarity in modus operandi between Muslim fundamentalists and USA foreign policy towards hostile countries?). Ultimately, the strategy is geared towards confrontation, violence and non-resolution.

The truth of the matter is that the Defence of Islam was, is and never will be about Allah. It is about flawed human beings. It is about the corrupt, hypocritical human beings who seek not to worship Allah in humility but to try reach His exalted status by inflating further their massive ego; and then in failing so miserably and ending up ultimately becoming a disgrace both to Allah, Islam and human beings in general. Just because someone professes to be Muslim does not necessarily mean they practise Islam (i.e. submission) and just because one is practising Islam does not necessarily mean they are actually practising Islam. In either case, those questions are for Allah to decide, not us. If there's one thing I am certain of it is this - there is no human being in existence that can equal Allah's ability in deciding whether someone is a Muslim or not (and consequentially - a good enough one for that matter). One would have thought a Muslim would be very wary of assuming such a responsibility. That some are ready to do so with such casualness and vindictiveness provokes me to think they do not take their faith seriously in the ways that are important and meaningful for their own personal self-development (which must be distinguished from self-enrichment) and that of others.

Fahri Azzat

Used with permission

(Originally posted in The Rostrum Google Group)

AUGUSTINE ANTHONY APPOINTED LEGAL ADVISOR ON WORLD ABORIGINAL DAY 2008 (PERAK)

Kampung Chang Sungei Gepai in Bidor was transformed into a carnival atmosphere as the orang asli folks celebrated World Aboriginal Day 2008 in a way best befits them with color and pomp. The celebration which began on 07.08.08 was officiated today by Perak Senior State Executive Councilor Dato’ Ngeh Koo Ham who is head of Finance, Infrastructure & Public Utilities, Energy, Water and Non-Islamic Affairs.

Traditional dances, songs, music and food added to the galore and spirit of brotherhood which we partook. There was plenty of drama and magical moments as ceremonially dressed women and men presented a two-hour extravaganza traditional show which culminated with inspiring speeches by Dato’ Ngeh Koo Ham, Bah Azmi (Chairman of JKOAP), Tijah Yok Chopil (its Secretary), and Augustine Anthony (head of Orang Asli Affairs BCHRC).

It was during lunch when we had a brain storming session with Dato’ Ngeh Koo Ham who acknowledged our achievements over the Gopeng logging issue. He then informed that he wanted to commission a task-force headed by Augustine Anthony to assist him in matters pertaining to orang asli matters in the state.

Simultaneously, in the simple ceremony he has also appointed Augustine as his personal legal advisor. Also present at the ceremony were Jerald Joseph of KOMAS, Dr. Colins Nicholas of COAC, Tijah Yok Chopil, Bah Azmi, Bah Ahha of JKOAP, me and scores of Tok Batins from 6 other states. This is indeed an honour to Perak Legal Aid and Human Rights Sub-committee as Perak would be the first State in the country to have such an Orang Asli Task-force commissioned by the State. Hence we intend to form a pro-active committee comprising of those who are foremost authorities in orang asli issues. The list looks impressive and I am sure that everyone in the Commission will work very hard to come up with strategies to help save the Orang Asli people, their land and their culture.

The Government must not fear populist decisions, because the present problem is not only economic, but also one of confidence. The move was proof that the Perak State Government cared for the people.

Submitted by
M. Gokoolaram Naidu
Executive
Perak Legal Aid Centre and Human Rights Sub-Committee

ORANG ASLI LAND SUCCESSFULLY PROTECTED IN GOPENG (MENTERI BESAR’S ANNOUNCEMENT ON 31.07.08)

It was a red letter day for more than 2000 Orang Asli of 5 settlements in Gopeng when in an unprecedented turn of events the State Government announced that all logging and oil palm plantation activities in their ancestral land will cease with immediate effect. Perak Menteri Besar YAB Dato’ Seri Ir. Hj Mohammad Nizar Jamaluddin’s announcement was conveyed to the Orang Asli community by YB Sivanesan (Chairman of Health, Environment and Human Resources Committee) at YB Chang Li Kangs’s service-centre in Gopeng. YB Sivanesan added that the State Government will also from now on conduct in-dept studies before carrying out any project around orang asli settlements in line with the suggestion of HRH Sultan Azlan Shah who has requested for an Integrated Management Plan to be conducted beforehand. Also present at the ceremony were Augustine Anthony, me and dozens of media personnel.

Miraculous, unbelievable, amazing and incredible. Any of these words would still fall short in describing how the Orang Asli leaders felt to hear the heart warming news. They can now heave a sigh of relief as their ancestral land is back in safe hands now. The State Government has thus recognised a customary community title of a permanent nature. Latter, YB Chang, who is the Assemblyman for Teja district, took the entire entourage in his 4 X 4 to a 20 KM ride inside the deep jungle in the heart of the village at a bridge nick-named “bridge over troubled-water” to break the good news to the local community living there. It is so called because it was the damage done to this bridge late last year that sparked unrest among them thus paving the way to serious discussions.

A large group of villagers were already gathered there to welcome us. The Orang Asli folks cheered in jubilation when the official news was announced to them as well and in a show of camaraderie and appreciation we were treated to a durian feast.

Since the Perak Legal Aid Centre and Orang Asli Affairs Bar Council Human Rights Committee started on this struggle in December 2007, 4 meetings/visits and 1 memorandum later that saw the climax of the meeting with the Menteri Besar himself, we are indeed pleased to see results (refer to my earlier reports). As I see it, this is a positive sign of warming relations between the State Government and the Orang Asli.

Submitted by

M. Gokoolaram Naidu

Executive

Perak Legal Aid Centre/ Human Rights Sub-Committee

LEGAL DOCTRINES: ODIOUS DEBT

In international law, odious debt is a legal theory which holds that debt incurred by a regime for purposes that do not serve the interest of the nation should not be enforceable. Such debts are thus considered by this doctrine to be personal debts of the regime that incurred them and not debts of the state. In some respects, the concept is analogous to the invalidity of contracts signed under coercion.

The doctrine was formalized in a 1927 treatise by Alexander Nahum Sack, a Russian emigré legal theorist, based upon 19th Century precedents including Mexico's repudiation of debts incurred by Emperor Maximilian's regime, and the denial by the United States of Cuban liability for debts incurred by the Spanish colonial regime. According to Sack:

"When a despotic regime contracts a debt, not for the needs or in the interests of the state, but rather to strengthen itself, to suppress a popular insurrection, etc, this debt is odious for the people of the entire state. This debt does not bind the nation; it is a debt of the regime, a personal debt contracted by the ruler, and consequently it falls with the demise of the regime. The reason why these odious debts cannot attach to the territory of the state is that they do not fulfill one of the conditions determining the lawfulness of State debts, namely that State debts must be incurred, and the proceeds used, for the needs and in the interests of the State. Odious debts, contracted and utilised for purposes which, to the lenders' knowledge, are contrary to the needs and the interests of the nation, are not binding on the nation – when it succeeds in overthrowing the government that contracted them – unless the debt is within the limits of real advantages that these debts might have afforded. The lenders have committed a hostile act against the people, they cannot expect a nation which has freed itself of a despotic regime to assume these odious debts, which are the personal debts of the ruler."

Patricia Adams, executive director of Probe International (an environmental and public policy advocacy organisation in Canada), and author of Odious Debts: Loose Lending, Corruption, and the Third World's Environmental Legacy, has stated that:

“

by giving creditors an incentive to lend only for purposes that are transparent and of public benefit, future tyrants will lose their ability to finance their armies, and thus the war on terror and the cause of world peace will be better served.

”

A recent article by economists Seema Jayachandran and Michael Kremer has renewed interest in this topic. They propose that the idea can be used to create a new type of economic sanction to block further borrowing by dictators.