News World news Malaysia Malaysian court overturns law that banned cross-dressing

Appeal judges rule unanimously that sharia law deprived three diagnosed with gender identity issues of right to live with dignity.

Three Malaysian Muslim transgender people have won a court ruling that challenged a religious law banning them from cross-dressing.

Activists called it a victory for human rights in the conservative south-east Asian nation.

A three-judge panel of the court of appeal unanimously ruled that the sharia law in Negeri Sembilan state was discriminatory as it failed to recognise men diagnosed with gender identity issues. It said the law deprived trans people of the right to live with dignity.

“This is degrading, oppressive and inhumane,” said Judge Mohamad Hishammuddin Mohamad Yunus. He added that the Islamic law was aimed at curbing homosexual and lesbian activities that led to the spread of HIV. The present case “has nothing to do with homosexuality”, he said, but was about Muslim men with a medical condition.

A lower court dismissed the case in 2012, saying the three trans people must adhere to Islamic law because they were Muslim and born male. The three, who have been certified by doctors to have gender identity issues, appealed against the decision.

The state’s Islamic Religious Department could still appeal against the ruling at the federal court.

Aston Paiva, a lawyer for the three people, said the ruling would have wide implications for Muslim trans people in the country. It set a precedent for high courts, which must follow the ruling if other Muslim trans people challenge similar Islamic law in other states, he said, calling the case historic.

“We are thankful and overjoyed. It is a victory for human rights,” said transgender rights activist Nisha Ayub, who was in court when the verdict was read. She said it left her and her colleagues speechless.

Ayub, who heads the Justice for Sisters group, said the “landmark ruling” had been conveyed to the three trans people, who were not present in court. They were makeup artists who had undergone hormone treatment and faced constant harassment from Islamic authorities, she said.

Human Rights Watch calls Muslim-majority Malaysia one of the world’s worst countries for trans people, as they face constant harassment, sexual abuse and arrest by Islamic authorities. Since the 1980s, every state has passed sharia criminal enactments that institutionalise discrimination against trans people, according to the New York-based watchdog. All 13 Malaysian states prohibit Muslim men from dressing as women, while three states also criminalise “women posing as men”. The laws are enforced by state Islamic religious departments.

Figures for how many people have been arrested and sentenced under the law are hard to come by, but Human Rights Watch said it interviewed transgender women who said they had been jailed from four months to three years. Several of them were put in male wards, where they faced sexual assault from both guards and other prisoners, it said. Most recently, 16 transgender women were arrested at a wedding on 8 June

Penang to seek judicial review over PPS being declared illegal

Penang police chief Datuk Abdul Rahim Hanafi’s advice this morning to PPS members to hand over all PPS materials in their possession to the Registrar of Societies (RoS), Lim said the assets, comprising mainly of vests, belonged to the state government.

Rahim’s call was based on Home Ministry secretary-general Datuk Seri Mohamad Khalid Shariff’s assertion yesterday that all accounts, assets, and properties of the PPS would also have to be handed over and wound up by the Malaysian Insolvency Department.

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Fatwa against SIS impacts larger issues

KUALA LUMPUR: Sisters in Islam (SIS), an NGO that champions the rights of women in Islam, is in the eye of a brewing storm that is sure to have a significant impact on Muslim society, liberal public opinion and moderate Islam as a whole.

The Selangor Islamic Religious Council (Mais) issued a fatwa declaring SIS as well as any other organisation that promotes “religious liberalism and pluralism,” as deviating from the teachings of Islam.

According to the fatwa, publications that are deemed to promote “liberal and pluralistic religious thinking” are to be declared unlawful and confiscated, while social media is also to be monitored and restricted.

As fatwas are legally binding in Malaysia, SIS decided to legally challenge it on constitutional grounds by way of a judicial review.

The fatwa was gazetted on July 31 and SIS filed its judicial review on Oct 31, three months later.

A lot is at stake in the judicial review action.

For one, contravening a fatwa is an offence under Section 13 of the Syariah Criminal Offences (Selangor) Enactment 1995, and is punishable by a fine up to RM3,000, up to two years imprisonment, or both.

For another, the two concepts – liberalism and pluralism – are bedrocks of modern society, are widely believed to be sacred in some societies and form the foundations of such organisations like the United Nations, of which Malaysia is a member.

But in traditional Islamic societies the two overly-used terms, when extended to religion, have unfortunately acquired unsavoury connotations.

Religious liberalism usually means a liberal interpretation of religious laws or edicts and SIS as the only liberal Islamic organisation of any import in the country, is usually in the sight of Islamic authorities.

These authorities are conservative while SIS is a liberal organisation that is committed to promoting women within the frameworks of Islam and universal human rights.

Universal human rights is another term that is often not accepted by conservative Islamic authorities.

SIS’ efforts to promote the rights of Muslim women are based on the principles of equality, justice and freedom, which SIS believes is enjoined by the Quran.

SIS’ advocacy work often challenges laws and policies made in the name of Islam that discriminate against women and this often brings it into conflict with the Islamic authorities and sees it at loggerheads with political parties, like PAS.

It tackles issues covered under Islamic family and Syariah law such as polygamy, child marriage, moral policing, Islamic legal theory and jurisprudence, wearing of the hijab, which SIS says is up to the individual, Hudud and violence against women.

In all these issues it often goes against Islamic authorities and others like PAS although in the case of the Selangor fatwa, some PAS MPs have sided with SIS, saying Mais may have overreached by issuing the fatwa.

The liberalism that SIS espouses is something that is inherent. It comes with upbringing, education and learning that is outside of schools and universities.

Religious pluralism on the other hand accepts and agrees that there are other religions too on planet earth, and that to live in peacefully co-existence with each other, one has to accept that all religions are pathways to the truth.

Islamic authorities on the other hand are increasingly insistent that truth is only found in Islam and a Muslim accepts that as an intrinsic act of his faith.

The action against SIS therefore impacts larger issues of faith to Muslims and even by extension to non-Muslims because Islamic authorities are acting legally against a liberal Muslim NGO that espouses a pluralistic approach to religion.

The SIS challenge sets the stage for a battle between Islamic religious authorities and the only major court system we have in place – a secular system that is based on English common law.

The minor system is the Syariah court system.

There have been other challenges for SIS before but this fatwa seems to be the most significant because it hits at the core of who and what SIS is.

The ideas of liberalism and pluralism are so interwoven in our own constitution and our own society, that it is impossible to isolate them from the rest of our constitution.

What can a plural society like ours offer the world, if not pluralism in thought and practice.

Islamic authorities should respect divergent views because that is the only way a matured consensus could emerge, otherwise it is just a consensus ordered by a higher authority.

30/10/2014 Penampang Armed Robbery Shootout, Kota Kinabalu, Sabah - Malaysia Crime Focus 360

1 dead, 12 injured in Bukit Bintang bomb blast

KUALA LUMPUR: One of the Bukit Bintang bomb victims, believed to be a jockey, has died.

City police Criminal Investigation Department deputy chief Assistant Commisioner Khairy Ahrasa confirmed with the New Straits Times that the victim had died from serious injuries.

The dead jockey was identified as a 36-year-old Sarawakian.

12 others, including two women were injured after a bomb exploded in front of an entertainment outlet in Bukit Bintang, here, earlier this morning.

The 4am incident happened when one of two bombs, believed to have been thrown from the second floor of the Sun Complex, exploded at Jalan Bintang off Jalan Bukit Bintang there.

Navy combat boat missing in Sabah waters

KUALA LUMPUR: A Navy combat boat, CB 204, has reportedly lost contact while on "routine tasking" off Sabah on Sunday.

CB 204's last known position is said to be 20 nautical miles east of Mengalum Island off Sabah.

Navy chief Tan Sri Abdul Aziz Jaafar said he does not expect foul play in the disappearance of the vessel.

He said the cause was most likely due to bad weather which could have cause engine or power failure on board the vessel. 

Aziz said vessels from the Air Force and Malaysian Maritime Agency are involved in the search and rescue operations.

CB 204, commanded by Lt Azri Bakar with seven staff, and another naval ship, KD Paus, had departed Kota Kinabalu Naval Base at about 5am Sunday.

At 10.30am, the Marine Region Headquarters Operations Room received a call from KD Paus informing that the two vessels were turning back due to bad weather.

KD Paus failed to communicate with CB 204 at 11.15am and it launched a search around Mengalum Island and Pulau Gaya.

17 ATMs hacked and $1.2 million stolen by hackers from Malaysia

A Latin American gang of cyber criminals were able to exploit a way to hack and steal millions of dollars from 17 automated teller machines (ATM) in Malaysia.

ATMs of at least 17 bank branches belonging to United Overseas Bank, Affin Bank, Al Rajhi Bank and Bank of Islam were reportedly hacked into by the Latin American gang.

Closed-circuit television (CCTV) footage from the banks showed that 2-3 Latin American men, who were involved in the crime, entered and withdraw money from these ATM’s one after another.

Bukit Aman Commercial Crime Investigation Department chief Comm Datuk Mortadza Nazarene told Bernama that the suspects used a computer malware known as “ulssm.exe” to hack into the ATMs. “The suspects were found to have opened the top panel of the machine without using a key and inserted a compact disc into the machine’s processing centre which caused the ATM’s system to reboot,” he told Bernama, Tuesday morning, The Star reported.

A Selangor Commercial Crime Investigation Department spokesman said that investigations is still going on. In the meantime police were able to recover one of the ATM cards which was used by the hackers to withdraw the money. 

Since it was the ATM which was rebooted to default, no customers data was compromised in the hack, police are investigating the scene and believes the gang members are still in the country.

All 156 PPS members released on bail

GEORGE TOWN: Police have released all 156 Penang Voluntary Patrol Unit PPS members who were earlier remanded under Section 43 of the Societies Act 1966.

The last batch of 11 members walked out from the George Town district police headquarters at 10.18pm Monday.

The first batch, including PPS chairman Phee Boon Poh, was released at 6pm.

Twenty-one PPS members were released on Sunday.

They were given rousing reception as they walked out from the George Town district police headquarters in batches.

Each was given a rose and were cheered by a large group of supporters waiting outside.

Only R.S.N. Rayer, who was arrested Monday, remains in police custody.

MH17 crash: MAS plane crashes in Ukraine

HRABOVE, Ukraine (Reuters): A Malaysia Airlines plane was brought down over eastern Ukraine on Thursday, killing all 295 people aboard and sharply raising the stakes in a conflict between Kiev and pro-Moscow rebels in which Russia and the West back opposing sides.

Ukraine accused "terrorists" - militants fighting to unite eastern Ukraine with Russia - of shooting down the Malaysia Airlines Boeing 777 with a heavy, Soviet-era SA-11 ground-to-air missile as it flew from Amsterdam to Kuala Lumpur.

Leaders of the rebel Donetsk People's Republic denied any involvement, although around the same time their military commander said his forces had downed a much smaller Ukrainian transport plane. It would be their third such kill this week.

The scale of the disaster affecting scores of foreigners could prove a turning point for international pressure to resolve a crisis that has claimed hundreds of lives in Ukraine since pro-Western protests toppled the Moscow-backed president in Kiev in February and Russia annexed Crimea a month later.

Reuters journalists saw burning and charred wreckage bearing the red and blue Malaysia insignia and dozens of bodies strewn in fields near the village of Hrabove, 40 km (25 miles) from the Russian border near the rebel-held regional capital of Donetsk.

Despite the shooting down of several Ukrainian military aircraft in the area in recent months, including two this week, and renewed accusations from Kiev that Russian forces were taking a direct part, international air lanes had remained open.

MAS said air traffic controllers lost contact with flight MH-17 at 1415 GMT as it flew over eastern Ukraine towards the Russian border, bound for Asia with 280 passengers and 15 crew aboard.

Flight tracking data indicated it was at its cruising altitude of 33,000 feet when it disappeared.

That would be beyond the range of smaller rockets used by the rebels to bring down helicopters and other low-flying Ukrainian military aircraft - but not of the SA-11 system which a Ukrainian official accused Russia of supplying to the rebels.

"I was working in the field on my tractor when I heard the sound of a plane and then a bang," one local man at told Reuters at Hrabove, known in Russian as Grabovo.

"Then I saw the plane hit the ground and break in two. There was thick black smoke."
An emergency worker said at least 100 bodies had been found so far and that debris was spread over 15km.

People were scouring the area for the black box flight recorders and separatists were later quoted as saying they had found one.

"MH-17 is not an incident or catastrophe, it is a terrorist attack," Ukrainian President Petro Poroshenko tweeted.

The loss of MH17 is the second disaster for Malaysia Airlines this year, following the mysterious loss of flight MH370.

It disappeared in March with 239 passengers and crew on board on its way from Kuala Lumpur to Beijing.

NZ judge allows naming of Malaysian diplomatic aide in sex assault case

PETALING JAYA: A Wellington High Court judge has lifted the suppression order on a Malaysian diplomatic aide accused of sexual assault.

The man has been named as Muhammad Rizalman Ismail, aged 38, a staff assistant at the Malaysian High Commission, New Zealand media reported Tuesday.

Meanwhile, Wisma Putra said at a press conference Tuesday that Muhammad Rizalman was defence staff assistant with the rank of Second Warrant Officer.

Foreign Minister Datuk Seri Anifah Aman said he would be extradited if there was a request from the New Zealand government.

It was reported Monday that a Malaysian diplomat, who is said to have sexually assaulted a 21-year-old woman at her home in Wellington, was recalled but New Zealand is demanding that he be sent back to face charges there.

The incident has created a public outcry in New Zealand, with Prime Minister John Key saying his "preference" was for the diplomat, said to be in his 30s, to be tried under New Zealand law.

Karpal Singh dies in car accident

KAMPAR: Bukit Gelugor MP and veteran DAP leader Karpal Singh was killed when the car he was travelling in collided with a five-tonne lorry near Gua Tempurung on the North South Expressway here early Thursday.

The impact of the crash at about 1am killed the prominent lawyer and his assistant, C Michael, on the spot. Karpal's son, Ramkarpal, and the car's driver, C Selvam, were injured.

Karpal's Indonesian domestic helper was also injured and is in critical condition.

He was on his way to Penang to attend a court case later in the day.

In 2005, Karpal was involved in an accident which left him paralysed and wheelchair-bound. He was returning to his home in Penang when a car hit his taxi at the rear.

Karpal graduated from University of Singapore and started his law practice before becoming a DAP politician in 1978.

He recently stepped down as DAP chairman pending his appeal against a sedition charge of uttering seditious words against the Sultan of Perak in 2009.

Future Music Festival in Malaysia 2014

The third day of the Future Music Festival in Malaysia has been cancelled after six people died from suspected drug overdoses and 19 people were arrested for drug possession, including at least one Australian.

Haze worsen

According to the Department of Environment’s (DOE) website, the API reading at 4pm in Banting (185), Kuala Selangor (180), Nilai (167), Putrajaya (164), Batu Muda (157), Petaling Jaya (156), Shah Alam (148), Seremban (137), Cheras (134), Port Dickson (132), Bukit Rambai (122), Tanjung Malim (118) and Bandaraya Melaka (106),

The readings in three other places showed moderate: Sri Aman (96), Jalan Tasek,Ipoh (92) and Muar (91).

An API reading of between 0-50 is good, moderate (51-100), unhealthy (101-200), very unhealthy (201-300) and hazardous (more than 301).

Karpal fined RM4,000 for seditious remark

KUALA LUMPUR: The High Court fined DAP chairman and Bukit Gelugor Member of Parliament (MP) Karpal Singh RM4,000 for committing sedition against the Sultan of Perak five years ago.

Malaysia Airlines flight MH370 went missing after leaving KLIA at 12.45am

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Taib is Sarawak's new governor

KUALA LUMPUR: The Yang di-Pertuan Agong Tuanku Abdul Halim Mu’adzam Shah presented Tan Sri Abdul Taib Mahmud the instrument of appointment as the new Yang di-Pertua Negri of Sarawak at the Istana Negara here.

Water Rationing Begins Outside Malaysia Capital Amid Drought

Water rationing began in areas surrounding Malaysia’s capital after a prolonged drought, as Selangor state officials sought to wrap up talks to nationalize the local industry.

Taib to stepped down

KUCHING: Sarawak Chief Minister Tan Sri Abdul Taib Mahmud will submit a letter relinquishing his position in due time after seeking an audience with the Yang di-Pertua Negeri.

The Church of Assumption, target of molotov cocktails

The Church of Assumption at Lebuh Farquhuar, Penang, this morning, after it became the target of two molotov cocktails. - The Malaysian Insider pic by Hasnoor Hussain, January 27, 2014.

Sultan of Johor wins 'W1N' plate

THE Sultan of Johor, Sultan Ibrahim Sultan Iskandar, said he did not mind paying RM748,000 for the most sought-after plate number --W1N-- as he knew that the amount paid would be channelled back to the people.

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KUALA LUMPUR: Illegal immigrants detained under Phase 2 of the 6P Integrated Operation nationwide will have their identity recorded in the biometric database system to ensure they cannnot re-enter Malaysia.

AFTER JAIS RAID, MBPJ KNOCKS ON BIBLE SOCIETY’S DOORS

Still reeling from last week’s raid by religious officers, the Bible Society of Malaysia (BSM) found itself the target again of local enforcement authorities when officers from the Petaling Jaya City Council (MBPJ) dropped by its premises today.

BSM general-secretary Rev Simon Wong confirmed with The Malay Mail Online that two MBPJ officers knocked on the society’s doors early this morning, asking to inspect the office.

But Wong, who was one of those hauled up to face the police during last week’s raid by the Selangor Islamic Religious Department (Jais), said he did not allow the officers into the three-storey building that BSM occupies.

“I wanted to see a proper letter of authority,” he said when contacted here. “Or at least [be] given a notice in advance.”

“We consider this a harassment,” he added, pointing out that BSM has occupied the building at Damansara Kim here since 1986.

“We have not had any problems for decades,” he said.

Wong will be holding a press conference on the episode at 3pm today.

When contacted, Petaling Jaya City Council (MBPJ) public relations officer Zainun Zakaria said the inspection could have “simply been a routine check up” but added that she would first check with the council’s officers before confirming the matter.

Jais has no right to raid Bible Society of Malaysia premises, says council of churches

The Selangor Islamic Religious department officials carted away more than 320 copies of the Alkitab and 10 copies of the Iban language bible.