Kelantan considers guillotine as punishment for offenders

kelantanKOTA BARU, MALAYSIA

A SMALLER form of the guillotine, similar to that reportedly used to behead French King Louis XVI and his queen, Marie Antoinette, during the height of the French Revolution in 1793, is set to emerge in Kelantan.

The opposition PAS-led state’s hudud law technical committee, said to be facing problems finding suitable methods to amputate limbs of those convicted of stealing, is considering a “mini” form of the guillotine as an option.

Its Chairman, Datuk Mohd Amar Abdullah, said he would suggest to the panel to use such a contraption, which would not need a surgeon to operate.

Mohd Amar, who is Kelantan Deputy Mentri Besar, said despite the negative reactions to getting surgeons to amputate the limbs of offenders, the committee was still mulling the idea.

kelantan map“The surgeon must first agree to carry out the procedure but he is likely to face the wrath of the Malaysian Medical Association for violating the Hippocratic Oath.

The oath to uphold professional and ethical standards is historically taken by physicians and their assistants.

Mohd Amar said the guillotine was fast, effective and needed only one person to pull the lever, two others to hold down the offender and a doctor to ensure the punished person does not drastically suffer from the punishment. The judge who meted out the sentence must also be present.

“I will make extensive studies on the method used during the French Revolution in the 18th century when guillotines were used to sever the heads of those sentenced to death,” he added.

Ironically, France’s guillotine was introduced to end the preceding centuries of inhumane torture of criminals and eliminate the severity of pain endured under capital punishment.

The device based on a falling heavy blade is named after Dr Joseph Ignace Guillotine, who did not invent it but lobbied extensively for its use.

The first execution using a guillotine took place at Place de Greve in Paris on convicted armed robber Jacques Nicolas Pelletier in 1792.

The last person to be beheaded by a guillotine was convicted killer Hamida Djandoubi in 1977. The Tunisian was found guilty of killing his former lover, Elisabeth Bousquet. France abolished the death penalty in 1981.

Mohd Amar said probable methods to mete out punishment including chopping off of limbs of offenders under Syariah Criminal Code II 1993, were discussed in a meeting chaired by Kota Baru MP Datuk Takiyuddin Hassan.

He said among those who attended the meeting were eight muftis and several doctors, adding that he did not attend as he was performing his pilgrimage in Mecca then.

“I plan to attend the next meeting and propose the mini guillotine idea for detailed discussions,” he said.

Kelantan intends to table two private member’s Bills in Parliament for hudud laws to be implemented and enforced in the state next year.

The first is to provide wider powers to Syariah court judges to hear and mete out sentences under the Syariah Penal Code, while the second is to allow federal departments, like the police and the prisons department, to be used by the state government to enforce its hudud laws.

Currently, under Article 76A of the Federal Constitution, crimes such as stealing, robbing, causing hurt, rape and murder come under the Penal Code.

In an immediate reaction, Kelantan Malaysian Chinese Association (MCA) deputy chairman Tan Ken Ten described the plan to introduce the mini guillotine as ridiculous.

“I do not know what else they will come up with after this. They are becoming creative with ideas and making it up while they go along with their plans to enforce hudud in the state,” he said.

“The whole episode sounds like a joke. By resorting to an 18th century device to carry out capital punishments, they will become the laughing stock of the world,” added Tan.

The Star/ANN/The Brunei Times
Monday, November 17, 2014

kelantan gatet

http://www.bt.com.bn/news-asia/2014/11/17/kelantan-considers-guillotine-punishment-offenders

Indonesian expats urged to study Syariah law

bru pekerjaQuratul-Ain Bandial
BANDAR SERI BEGAWAN

THE Indonesian ambassador yesterday urged Indonesian expatriates to familiarise themselves with Brunei’s new Syariah Penal Code to avoid any misunderstanding with law enforcement.

Her Excellency Nurul Qomar told a gathering of more than 100 Indonesian nationals that it was “important for them to know the provisions contained in the Syariah Penal Code.”

The Indonesian embassy held a second briefing on the new legislation for its nationals yesterday at the Youth Centre in the capital. The first briefing, which was attended by more than 200 people, was held back in November 2013.

“We are the biggest foreign community here, some of our nationals may not do the right thing sometimes, so we just want them to behave according to Bruneian law,” she told The Brunei Times.

Indonesian Ambassador to Brunei  Darussalam Nurul Qomar. Photo: BT

Indonesian Ambassador to Brunei Darussalam Nurul Qomar. Photo: BT

Four Indonesian nationals were detained for khalwat (close proximity) earlier this week, prompting speculation they would be the first people to be charged under the Syariah Penal Code, which came into force on May 1, 2014.

The ambassador said the Immigration Department had contacted the embassy to inform them of the arrest but declined to indicate whether the authorities would proceed with criminal charges.

Khalwat is defined under law as an unmarried man and woman isolating themselves in close proximity that “can lead to suspicion they are committing an immoral act”.

Offenders can be fined up to $4,000 or jailed for up to one year.

The Brunei Times
Monday, June 23, 2014

http://www.bt.com.bn/frontpage-news-national/2014/06/23/indonesian-expats-urged-study-syariah-law

Myanmar expats seek advice on avoiding ‘khalwat’

Quratul-Ain Bandialbru Syariah_Mya
BANDAR SERI BEGAWAN

MYANMAR expatriates in Brunei yesterday raised concerns of being accused of khalwat (close proximity) under the Syariah Penal Code, if they are found working too closely with colleagues of the opposite sex.

Under the recently-introduced legislation — which ushers Islamic laws into Brunei’s legal existing system — non-Muslims can be fined up to $4,000 or jailed for up to one year for committing khalwat with a Muslim.

Khalwat is defined by law as an unmarried man and woman isolating themselves in close proximity that “can lead to suspicion they are committing an immoral act”.

Myanmar ambassador, Yin Yin Myint, said several citizens asked about how to avoid being charged with close proximity.

“In the case of doctors, when he is with a patient in the room without a chaperone. In the case of university students, when they go for field work… How close is close? And whether working together very closely will be punishable under the Syariah law.”

Government officials conducting the briefing said as long as no suspicion has been aroused, men and women can work side by side.

“If they have to work very closely, we were told don’t create a suspicious situation like going behind a tree or far away from the crowd,” the envoy told The Brunei Times.

There are approximately 500 Burmese citizens working in Brunei, with some 200 employed as doctors and engineers. Teachers, labourers and domestic workers make up the rest.

The ambassador said the embassy was particularly concerned about ensuring semi-skilled labourers, such as construction workers, understand the new law.

“For those categories like construction workers, we are more concerned. Any misunderstanding or misinterpretation may amount to a breach (of the law). We want them to be very clear on the provisions,” she said.

To help citizens understand the Syariah Penal Code, Yin Yin said the embassy would translate the briefing into Burmese and distribute the notes to its citizens.

“Even for us it’s very complicated to understand, but gradually this kind of briefing will help them.”

The phased introduction of the Syariah Penal Code began on May 1, 2014.

The Brunei Times
Sunday, June 15, 2014

bru sy2

http://www.bt.com.bn/news-national/2014/06/15/myanmar-expats-seek-advice-avoiding-%E2%80%98khalwat%E2%80%99

Kuwait supports Brunei’s Syariah law implementation

The head of the delegation from Kuwait National Assembly, Deputy Speaker Mubarak Bunaya Al-Khurainij, during an interview with The Brunei Times. Photo: BT/Waqiuddin Rajak

The head of the delegation from Kuwait National Assembly, Deputy Speaker Mubarak Bunaya Al-Khurainij, during an interview with The Brunei Times. Photo: BT/Waqiuddin Rajak

Waqiuddin Rajak
BRUNEI-MUARA

BRUNEI’s move to carry out the Islamic law could potentially lead to another strengthening of the bilateral ties with Kuwait, said the Deputy Speaker of the Kuwait National Assembly yesterday.

“In Kuwait, we have a high committee (in charge of the law) and we wish for Brunei Darussalam to have a committee too,” Mubarak Bunaya Al-Khurainij said in an interview with The Brunei Times.

He said that this would allow both countries to work together towards more mutual understanding on the issue, since both Brunei and Kuwait shared Islamic values.

The move to implement the Islamic law, said the deputy speaker, was an internal decision made by Brunei and this should be respected by other countries.

“Therefore, international communities should see the reasons behind Brunei’s decision to apply the law and they should respect it,” he said, urging them to respond in a convenient way..

“And we also wish for Brunei Darussalam to handle the issue carefully and wisely,” he added.

The ties between Brunei and Kuwait were historical ties that were built upon mutual respect, he said, adding compliments to Brunei’s positive stances to issues related to the Arab world.

“The last visit made by His Royal Highness the Crown Prince to Kuwait initiated a new face of bilateral relationship between both countries,

Especially in finding ways to enhance more bilateral cooperation,” he said, adding that their visit to the Sultanate was also an outcome of His Royal Highness’ visit earlier this year.

“InsyaAllah, maybe in the future, more agreements will be signed between both countries,” said the deputy speaker.

During the interview, he said that the delegation will also hold a meeting with the Brunei Investment Agency (BIA).

“It will be an opportunity for both sides to further discuss and find ways to enhance the opportunities for joint investments and financial cooperation,” he said.

“We hope that more officials from our side will visit the (Sultanate), InsyaAllah, perhaps our financial and business sectors will have the chance to meet their counterparts in Brunei towards fostering a more concrete cooperation.”

This is the first official visit by Kuwait to Brunei since bilateral relations between the countries was established in 1990, he said.

The Brunei Times
Saturday, June 7, 2014

http://www.bt.com.bn/frontpage-news-national/2014/06/07/kuwait-supports-brunei%E2%80%99s-syariah-law-implementation

Defending the Syariah Law (3)

brunei-soas
Pehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

ORANG kata: 2+2=5, 2×2=7, kitani terus percaya! Hence, this observation: “JATUH MENJATUH BUDAYA MELAYU” (Ref: Utusan Malaysia, 5 March, 2002). The ISLAMIC brotherhood highlighted in the Quran is irrelevant to us!

And ponder on this: Mr Crawford, the Governor of the Straits Settlements in 1823, wrote a dispatch to the Government of India. He stated that in his observation, the ECONOMIC WORTH of the following races is thus: One Chinese is equal to two Indians or four Malays. (Ref: “The Manners and Customs of The Chinese Of The Straits Settlements” by J D Vaughan.)

Why, because basically we don’t exert ourselves. Our “bumi dipijak, disitu kita mati” has always been full of fruits, tropical shoots and rivers swarmed with fishes. “Cukup sahari, esok ada lagi. Akhirnya pergi arah citi! Orang maju, kitani dengki/benci. Sasama sendiri, berbelah bagi.”

Now, to cut it short, we are being challenged by those self-righteous human rights crusaders on the implementation of our Divine Shariah Law. These are “powerful” anti-Islam pressure group elements backed by anti-Islam Western Media. How to unite, fortify ourselves so as not to “berbelah bagi”?

To quote the Malaysian Minister Datuk Seri Najib Razak: “Humanrightism, a liberal way of thinking that places human rights and (man-made) secular law above (ISLAMIC) religion……is dangerous to Islam”.

“We will never accept and give in to their demands for the right to reject ISLAM or deny the implementation of ISLAMIC teachings, which have been done through Syariah Law” (“Nation Must Combat Liberalism”, New Straits Times,14 May 2014).

By the way, in this New Straits Times, May 20, 2014, page 15, there is an excellent robust defence for Brunei Darussalam against those Western-Secularists’ attacks on the implementation of our Syariah Law. (Ref: “Seeing The Stars, Not The Light” by Syed Nadzri, an award-winning columnist. NST, May 20,2014)

Humanly, we don’t expect to be able to win over those anti-ISLAM/MUSLIMS crusaders, but only Allah Subhanahu Wata’ala Decides and Determines What, When and How changes and events happen to mankind and the entire world. So, we must fortify ourselves with KNOWLEDGE and EXPERTISE in strongly advocating ISLAMIC SYARIAH LAW to the world. Hence these verses:

“With clear arguments and Scriptures and Reminder that thou may make clear to men that which has been revealed to them, and that gladly they may reflect.”Verse 44: Surah Al Nahl (The Bee) (16)

“Call to the way of thy Lord with wisdom and goodly exhortation and argue with them in the best manner”. Verse 25: Surah Al-Nahl (The Bee) (16)

Clearly, the Divine Advice “call to the way of thy Lord with wisdom” and “argue with them in the best manner” should have made us ensure from the beginning that we possess the deep and wide knowledge of ISLAM/SYARIAH LAW. But that alone is insufficient, we need to be rich in the eloquence of fortifying our explanations, answers and statements; we cannot be amateurish. No second rate quality is acceptable, the attitude of “kalau tak ada rotan, akar pun jadilah” is self-defeating! We must not just have “rotan”, we must have “steel wires”!

Not surprisingly, our “half-baked knowledge is self-destructive.” Sadly, it is not shocking that these weaknesses have been exploited by the enemies of ISLAM, they’ve even become a tongue-in-cheek pun amongst critical locals on the knowledge /expertise weakness; their quality lacunae.

Man-made laws are complex, but Divine Laws are more challenging, intriguing and sublimely strict in application: no margin or room for errors, no favour and fear, because the implementers (the Syariah Authority) are directly answerable to Allah Subhanahu Wata’ala.

Thus, the pun which went round was on words such as “Masjid”, “Haji” & “Azan” which due to half-baked explanations have become the items of “cynical debate” amongst those “interested”. How could the words “Masjid”, “Haji” and “Azan” be “haram” for our non-Muslim friends to utter them, when these words have been part of the integral socio-cultural-administrative lingua franca for years amongst the Muslims and non-Muslims. Let’s take “Masjid” for example, I believe dozens of Brunei’s mosques have been built by non-Muslim contractors and workers. As for “Azan”, what is the accurate word to substitute it with: “Azan = orang panggil sembah Tuhan“?!

Furthermore, what about those would be reverts to ISLAM? They have to learn and be guided on practicing the Shahadah.

They have to practice it consistently and memorise it, before the actual time for their voluntary utterance of solemnly accepting ISLAM.

The Brunei Times
Thu, 5 June 2014

bru sy2
http://www.bt.com.bn/letters-editor/2014/06/05/defending-thesyariah-law-3

Defending the Syariah Law (2)

brunei-darussalamPehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

SOME estimates say that by the year 2020, Muslims will make up nearly half of all Europeans, not to mention a substantial part of the population of the Americans. (Ref: “Why ISLAM?” by Mrs K Sherman, a native of New York.)

“According to the World Christian Encyclopedia figures, the 962 million global Muslim population in 1990 has risen to 1.2 billion today, out of a total world population of 6.2 billion. That figure is expected to climb to 1.8 billion by 2025, and to 2.3 billion by 2060. According to Canadian Society of Muslims estimates, Muslims will comprise 30 per cent of the world population by 2015.” (Ref: Born in Mekah, Spreading across world”, The Brunei Times 24 Oct 2008).

Actually, this sublime spread of ISLAM was/is Promised by Allah Subhanahu Wata’ala in this verse 19 of Surah Al-Fath (The Victory)(48):

“And many gains which they will acquire. And Allah is ever Mighty and Wise.”

Ponder on this: “The more I read, the more convinced I became that ONLY ISLAM can bring peace and happiness. In ISLAM, we are not born in sin and do not need redemption, and our salvation depends entirely on our own actions.” (Lady Evelyn ZeinabCobbold in the book “Why ISLAM-The world’s fastest growing religion.”)

Wherever, whenever I could, I studied the various published explanations, comments, answers given by those religious professionals from our Religious Authorities. Having heard and read some of those explanations, comments, answers so proffered, they drove this cold surge of concern which chilled my head and spine. They prompted me to forewarn myself that “sooner or later they would recoil on us — that day would happen”,that “half-baked knowledge is self-destructive”, that “zealots are self-defeating, attracting ridicule”, that “a perfect tool can inflict self-injuries to its novice user — the family”, that “we would shoot our own foot”.

What’s sad and embarrassing is that it has happened, as per your various reports quoted above.

The Religious Authorities seemed to have been caught napping. This was a serious lapse; while the enemies were lurking, we were soundly sleeping. Simply “relying” on Allah Subhanahu Wata’ala’s protection that we have “implemented” His Syariah Law! What an over-confidence!

Subsequently, those lapses while we were off-guard have prompted the Monarch to personally, publicly make a royal command to the Religious Authorities to “end the confusion over the Syariah Law.” This very sad and embarrassing happening should have been promptly rectified by the Religious Authorities.

In my article published by your Paper on March 21, 2014, I openly stated that:

“The country’s religious officers must obviously possess deep and wide knowledge of Syariah: must not simply, perfunctorily read from prepared papers. This is because Bruneians nowadays are having agile minds and are being exposed, day and night, at their fingertips, to cyber information and disinformation about ISLAM and ISLAMIC authorities.”

I feel this Divine directive in the Quran regarding these lapses is apt:

“….ask those who have knowledge, if you yourselves do not know.” Verse 43: Surah Al-Nahl(The Bee)(16)

This “half-baked knowledge is self-destructive” prompted me to recall what Yang Berhormat Pehin Jawatan Dalam Seri Maharaja Dato Seri Utama Dr Hj Awang Mohd Jamil Al-Sufri, our venerable national historian had related to a group of us, while having a breakfast with him on 10 Sept 2013, the following colonial insolence in this quartet:

“BRUNEI BORN,
BRUNEI BRED;
STRONG IN BONE,
WEAK IN HEAD.(!!!)

I feel that this an opportune juncture to spur us to seriously, courageously prick ourselves with introspective self-criticism. A bad wound heals, but insolent words fester. This colonial insolence on the Brunei Malays goads me to once again risk my neck by stating thus: My years of observation convince me that our socio-cultural-mental psyche of “bersopan-santun-pemalu” has unwittingly molded us as a docile race. Thus, what we have been experiencing regarding the onslaughts on our MIB is an indication, again and again, that our docility has been taken advantage of rendering us as easy prey. To the extent that when having been pushed to the corner by those opportunistic interests we meekly feel that it is in our best interests to just yield our head on a golden platter. Hence, what jolly nice, polite Malays, they are. We swallowed the laced bait!

But sadly, when it comes to any slight friction amongst ourselves, we the Malays bare our “strong bones” at each others’ throats. No quarters given. “Sudah jatuh di-timpa tangga; di-suruh lagi di-tunggap buaya. Perek-perek ya sampai inda berdaya.”

The Brunei Times/Letters
Wed, 4 June 2014

bru syariah_4

http://www.bt.com.bn/letters-editor/2014/06/04/defending-thesyariah-law-2

Defending the Syariah Law (1)

brusyarPehin Orang Kaya Lela Raja Dato Seri Laila Jasa Haji Awang Abdul Rahman bin Haji Abdul Karim
KUALA LUMPUR

RESPECTFULLY, I begin this involved letter by placing the top priority to the following selected Verses of the Quran from the quoted Surahs thus:

i. “…..This day I have perfected for you your religion and completed My favour to you and chosen for you ISLAM as a religion….”

Verse 3: Surah Al- Maidah (The Food) (5)

ii. “Verily the Religion (al-din) in the Sight of Allah is ISLAM”

Verse 19: Surah Ali Imran (The Family of Amran)(3)

iii. “Then we put you on the (right) Way of Religion: so follow it (that way), and follow not low desires of those who know not.”

Verse 18: Surah Al-Jathiyah (The Kneeling)(45)

iv. “And many gains which they will acquire (the global spread of ISLAM). And ALLAH is every Mighty, Wise.”

Verse 19: Surah Al-Fath (Victory)(48)

v. “ALLAH has not laid upon you in religion any hardship.”

Verse 78: Surah Al-Haj(22)

vi. ALLAH intends for you ease, and He does not want to make things difficult for you.”

Verse185: Surah Al Baqarah (The Cow)(2)

I hope these quoted verses would generally deal with the respective essence of the issues pertaining to the recent mesmerising topics, prompted by the recent implementation of the Syariah Law, as reflected in the various reports in your paper, such as:

i. “End Confusion over Syariah Law: HM Orders Authorities To Take Swift Action” (The Brunei Times, May 6, 2014)

ii. “Questioning Rights and ISLAM” – Your Editorial, The Brunei Times, May 6, 2014)

iii. “Sacred Words, Phrases Usage-Deputy Minister Clarifies Issue” (The Brunei Times, May 10, 2014)

iv. “Addressing Criticism on Syariah Extremely Important.” (The Brunei Times, May 16, 2014)

v. “Saudi Ban Dutch Companies Over Insult to Islam: Decree.” (The Brunei Times, May 18, 2014)

This is the most complex letter which I had to force myself, as a Muslim, to write. Obviously I am not qualified to tackle this very delicate subject of the Syariah Law, but I strongly feel I must stand up, walk tall in staunch defense against the repeated attacks on our RELIGION ISLAM, on our ULIL AMRI, our MONARCH (Verse 59: Surah Al-Nisa(The Women) (4)) and our MIB; the country’s Philosophy and Way of Life.

Any weakness in my knowledge of the Syariah Law is solidly counter balanced with the various authorities established references on ISLAM and its Syariah Law.

This letter is a fortuitous sequel to my letter on the same subject but with a new unhealthy twist. The earlier letter was published in your paper from 19 March to 21 March 2014. Ever ready to die for our MIB, I was/am so blessed by the honour you gave for its publication. The enemies are the same, but the weapons they used this time round are different; to the extent of their attacking Brunei Darussalam’s Sovereign assets, which are being managed by the Brunei Investment Agency, in Los Angeles and London. Their hatred and desperation have turned them into puerile, drunken stupor. Talking about “barbarism” and “human rights” according to their terms and whims, “they followed their low desires”!

Well, the Brunei Investment Agency must take these boycotts in its business strides. In these cities, the hospitality business is flexible and their locals are dependent on their jobs at those hotels; hence its ripple effect-good or bad. So, believe in Verse 17 of Surah Luqman(31): ”O my son, keep upprayer and enjoin good and forbid evil and bear patiently that which befalls thee…”

As we Muslims fully believe, as our article of absolute faith, that Allah Subhanahu Wata’ala as revealed in His Quran and as per the Sunnah of His Prophet Muhammad Sallallahu Aalayhi Wasalam, hence the basis of the Syariah Law, that Allah does not intend to burden mankind, His vicegerents in this mortal world, by revealing various Divine Injunctions, Guidelines. Basically, “Commanding right and Forbidding wrong” (al-amrbil-ma rufwalnahy an al-munkar), that is the duty of a Muslim to intervene when another is acting wrongly. (Ref: “Forbidding Wrong in ISLAM” by Michael Cook.) In short, ISLAM DOES NOT ALLOW HARMING OTHERS NOR ALLOW OTHERS TO HARM.

Basically, mankind under ISLAM just simply AVOID / PREVENT themselves from committing EVIL and HARAM (unlawful) activities and intentions and that they do not consume HARAM food, but commit their SOULS to TAWHID and IMAN. That Muslims absolutely believe in ALLAH subhanahuwata’ala, the ONLY GOD, and the Prophet Muhammad sallaAllahualayiwasallamas ALLAH’s LAST PROPHET.

InsyaAllah, by Allah subhanahuwata’ala’s Desire and Plan, “ISLAM is now the fastest growing religion worldwide, attracting followers all over the globe.

The Brunei Times/Letters
Tue, 3 June 2014

brusyar1

http://www.bt.com.bn/letters-editor/2014/06/03/defending-thesyariah-law-1