Anwar, the Finance Minister as well as PM, FAILS based on the recent Auditor General's Report? NEW Finance Minister please? Or should Anwar be removed as PM?

FAILED - PM Anwar Ibrahim and PH led Coalition

DEBT did not go down - but WENT UP - increase of RM92.918bil. Remember, he said that in 2023, the new DEBTS will amount to RM93 Billion.

The Federal Government's debt was recorded at RM1.173 trillion in 2023, an increase of RM92.918bil or 8.6% compared to RM1.080 trillion in 2022, says the Auditor-General’s Report.

The Report also advised that the Federal Government should pay serious attention to new borrowings.

FEDERAL GOVERNMENT Guarantees increased - who did it stand guarantee for?

"Guarantee Commitments also increased by RM3.288bil or 1.5% to RM227.404bil compared to RM224.116bil in 2022,"

Failed in even maintaining dividends and profits of GLCs. etc - it DROPPED

The federal government saw weaker gains from its investments with dividends dipping by RM9.756bil in 2023, a 17% drop compared to 2022. The dividends received decreased to RM46.059bil in 2023, down from RM55.815bil in 2022, according to the Auditor-General’s Report Series 3 released on Monday (Oct 14). The report attributed this decline to reduced dividends received from eight government-linked companies (GLCs) and one statutory body, which dropped by 22.4% to RM42.786bil in 2023. ...Additionally, dividends from Bank Negara Malaysia decreased by RM2.25bil (45%) to only RM2.75bil in 2023 compared to the RM5bil it received in 2022.

Explain this Finance Minister Anwar Ibrahim... Get a better FINANCE MINISTER, Mr Prime Minister Anwar Ibrahim.

...the Federal Government needs to allocate funds to repay maturing loans totaling RM773.750bil over the next 10 years.

That does not include the annual debt servicing - which now about RM45 Billion. When the loans mature, Malaysia will have to back the total loan amount as well. What is the maturity date of these LOANS?

Anyone will reasonably know that it is better to REDUCE DEBTS - but Anwar Ibrahim just reduced the annual borrowing amount from RM100 billion in 2021 and 2022 (the time Malaysia faced the Covid-19 Pandemic) to RM 93Billion. Come GE16, Anwar would have increased Malaysia's debt by maybe RM350 Billion > so problem of DEBT just became worse. HIGHER amount of our BUDGET for DEBT SERVICING, when it could be better used for the people.

BEST thing for Malaysia is that DEBT is reduced - so more monies can be spend for flood mitigation projects, maintaining schools, healthcare, and needed welfare assistance for old-folk (since EPF scheme failed to provide effective 'old age savings' enough to sustain life from 55(or 60) until death).

Spend what you earn - so NO to Deficit Budget( meaning you have to borrow again to spend what the government plans to do) - Let us have a BUDGET SURPLUS, meaning spending less that what Malaysia earns, and this surplus can be used to actively reduce Malaysia's DEBT. 

Government often use terms like 'Debt to GDP Ratio' to give us an impression that ALL is well - but the truth is that Malaysians prefers the DEBT to be reduced, and ultimately eliminated. Everyone knows the dangers of debts... so, REDUCE DEBT - used money saved for annual debt servicing (more than RM40 Billion) to help the people.

FINANCE MINISTER must resign ... 

We learned the dangers of when the Prime Minister is also the Prime Minister - and even PH gave us the assurance that the PM shall never be the Finance Minister.

The Prime Minister is a important first 'check and balance' to ensure that his Finance Minister or other Ministers do not do wrong. If any Minister does anything - the BLAME or responsibility is on the PM because it is he alone that chooses his Cabinet members and decide what their portfolio his...that according to the Federal Constitution. So, a Prime Minister cannot say that it is NOT HIS Fault - because it was decided and done by some Minister.

How does Malaysian Cabinet operate? When Cabinet decides, is there a requirement of two third vote, or just simple majority - or a mentality that I will not interfere with whatever a Minister decides to do with regard matters within his/her portfolio. I I support whatever he/she wants to do, and he/she supports whatever I want to do in the Ministry and matters related to MY Ministry.

Almost 2 years, and Anwar is failing - maybe someone else can be Prime Minister (some other MP from this current 'Unity' government - Muhyiddin stepped aside for Ismail Sabri...so, maybe Anwar should be changed with Prime Minister X!?

If we continue with Anwar - then the debts will increase, liabilities will increase, performance of GLC's will decline..

Anwar Ibrahim is no different from the past BN PMs - he still continues the practice of 'political appointment'. One of his first was his own daughter..

The 'BAIL OUTS' continue, the debt cancellation continue, ... He is but a good Santa Claus - who ignores the reality. 

His PLAN seems to be to ensure that he remains PM until GE16, and beyond. He has a lot of 'sweet' promises - but sadly when he comes to action...the slogan 'Janji Tidak Ditepati"(Promises Not Kept) may be applicable again.

WATCH the upcoming BUDGET - another DEFICIT BUDGET which means more government borrowing? Or will it finally be a SURPLUS Budget - where we will have money to reduce Malaysia's debt and other liabilities? 

See also

Anwar's Plan to Increase DEBTS slower than his predecessors - Not reduce/eliminate Debts? Save MONEY? How much for each international trips?

Malaysian Federal Government Debt? How did Anwar managed to reduce the DEBT? Was it paid off or simply transferred to another? TELL us  - Nope, he did not reduce debt, but just reduced the amount of NEW Debts - end result HIGHER DEBTS

 

 

 

Govt debt went up to RM1.173 trillion in 2023, says Auditor-General

---

By KHOO GEK SAN, MARTIN CARVALHO and GERARD GIMINO

• Nation

• Monday, 14 Oct 2024

  5:00 PM MYT

KUALA LUMPUR: The Federal Government's debt was recorded at RM1.173 trillion in 2023, an increase of RM92.918bil or 8.6% compared to RM1.080 trillion in 2022, says the Auditor-General’s Report.

In the Report 3/2024 released on Monday (Oct 14), the debt consists of Domestic Loans amounting to RM1.143 trillion or 97.5% of the total Federal Debt, and Foreign Debt totalling RM29.851bil or 2.5%.

"Domestic Loans increased by RM92.580bil or 8.8%, while Foreign Debt rose by RM0.338bil or 1.1%.

"The Federal Liabilities position at the end of 2023 showed an increase, with the Federal Liabilities to GDP Ratio at 81.8% compared to 78% in 2022.

"This is due to the nominal GDP growth rate in 2023 being 1.6% slower compared to 15.8% in 2022. The Federal Debt to GDP Ratio in 2023 was 64.3%, up from 60.2% in 2022.

"Guarantee Commitments also increased by RM3.288bil or 1.5% to RM227.404bil compared to RM224.116bil in 2022," the report stated.

The report also mentioned that to improve Federal Debt management, the government implemented fiscal reforms with the approval of the Public Finance and Fiscal Responsibility Act 2023 (Act 850) in Parliament on Oct 11 last year.

The Report also advised that the Federal Government should pay serious attention to new borrowings.

This step is aimed at focusing on financing loan repayments that will mature, as the Federal Government needs to allocate funds to repay maturing loans totalling RM773.750bil over the next 10 years.

The audit recommends prudent federal debt management to reduce debt and liability exposure and monitor rationalisation and consolidation efforts.

The targets are set for a deficit not exceeding 3% of GDP, national debt not exceeding 60% of GDP, and Financial Guarantees not exceeding 25% of GDP, aligning with fiscal objectives under Act 850, the report said. - Star, 14/10/2024

Federal government's investment dividends plummet by RM9.756bil in 2023, audit reveals

By BENJAMIN LEE and FAZLEENA AZIZ Nation

Monday, 14 Oct 2024 1:51 PM MYT

PETALING JAYA: The federal government saw weaker gains from its investments with dividends dipping by RM9.756bil in 2023, a 17% drop compared to 2022.

The dividends received decreased to RM46.059bil in 2023, down from RM55.815bil in 2022, according to the Auditor-General’s Report Series 3 released on Monday (Oct 14).

The report attributed this decline to reduced dividends received from eight government-linked companies (GLCs) and one statutory body, which dropped by 22.4% to RM42.786bil in 2023.

"The GLCs with the sharpest decline were Petroliam Nasional Berhad and Prokhas Sdn Bhd, with dividends falling by RM10bil (20%) and RM49.71mil (89.3%), respectively, compared to 2022," the report stated.

Additionally, dividends from Bank Negara Malaysia decreased by RM2.25bil (45%) to only RM2.75bil in 2023 compared to the RM5bil it received in 2022.

The report also highlighted that Syarikat Jaminan Pembiayaan Perniagaan Berhad did not declare any dividend payments in 2023, despite recording a profit, whereas it had previously paid RM7.26mil in dividends to the federal government in 2022. - Star, 14/10/2024

Smaller increase in government debt in 2023

By Suzalina Halid - March 7, 2024 @ 12:40pm

Prime Minister Datuk Seri Anwar Ibrahim said the Federal Government's increase in debt was recorded at 8.6 per cent last year compared to 10.2 per cent in 2022. -- Bernama Pic

KUALA LUMPUR— Malaysia's federal government managed to curb its debt growth in 2023, with the increase in debt slowing to 8.6 percent from 10.2 percent in 2022.

Prime Minister Datuk Seri Anwar Ibrahim announced that the total Federal Government debt for 2023 stood at RM1,172.5 billion, accounting for 64.3 percent of the gross domestic product (GDP), compared to RM1,079.6 billion or 60.3 percent of GDP in 2022.

Anwar attributed this decrease in debt growth to successful fiscal consolidation measures that reduced the fiscal deficit to RM91.4 billion in 2023, down from RM99.5 billion in 2022.

The Federal Government's debt composition in 2023 consisted of domestic debt amounting to RM1,142.7 billion or 97.5 percent and offshore loans amounting to RM29.8 billion or 2.5 percent of the total debt.

In response to a question from Tan Sri Muhyiddin Yassin regarding government loans and debt status, Anwar stated that loans issued by the federal government in 2023 totaled RM226.6 billion, a two percent decrease from 2022's RM230.9 billion.

This reduction in loans was primarily due to a decrease in new issuances to RM92.6 billion and RM134 billion for refinancing matured debts in 2023.

Anwar emphasised that all debt issuances in 2023 and 2022 were obtained domestically through the issuance of Malaysian Government Securities (MGS) instruments, Malaysian Government Investment Issues (MGII), and treasury bills.

The Federal Government's debt and liabilities exposure position amounted to RM1,532.3 billion or 84 percent of GDP at the end of December 2023, taking into account guaranteed commitments and other liabilities.

Despite the debt reduction, Anwar affirmed the government's commitment to further lowering debt levels as targeted under the Public Finance and Fiscal Responsibility Act 2023 (Act 850), aiming for an overall debt level below 60 percent of GDP in the medium term.

He expressed confidence that the government could gradually reduce the fiscal deficit and debt levels without compromising national development and welfare, enhancing its credibility as a responsible entity. - NST, 7/3/2024

 

 

MUFTI Bill, Fatwa, GISBH - risk and implications to everyone? It is an issue of ALL Malaysians - it is going to be decided by peoples' reps in Parliament?

The moment FATWAs were issued with regard to GISBH, a business/company and its related companies and individuals - the DANGERS of Fatwas to everyone was highlighted. 

Workers - can they suddenly lose jobs and/or means of living if and when their employer falls victim to a Fatwa?

Those who have business dealings/relationships with such companies and/or persons affected by FATWA?

Those who have some interest in the ownership of such companies/individuals - as shareholders, creditors, etc. (Note many business operate on credit - it is not cash on delivery, it is pay later arrangements?

Business deal with consumers, and they are of all ethnic groups, religions and even nationalities? Acting on the basis of FATWA or suspicion of religious deviation can mean establishments can be shut down? How do I get my laundry? If it was an insurance company, what happens to my insurance or maybe even investments?

GISBH may be the first company affected by FATWAs - so any company/businesses MAY fall prey to such FATWAs - and the government may react or sometimes 'over-react' and freeze accounts, shut down premises, etc...

What happened to GISBH is disturbing? It started with a crackdown on many(not just one) children's homes on the allegation of child abuse, sexual abuse - then, one after another crime of the 'GISBH' emerges - and a 'crackdown' on GISBH began - accounts frozen, businesses closed, property seized -- and it was not just restricted to the children homes, or even the owner company - but seems like anything and everything linked to GISBH? This was MOST ODD - for normally perpetrators are usually individuals. And, then, we ask why the 'crackdown' seems to be anything linked to GISBH - and a main reason was because they were 'Islamic Deviants' - But then, prior to the arrest, there was NO Fatwa on GISBH - so, did the police and Anwar Ibrahim's government act prematurely? Did they decide on their own, that EVERYONE linked to GISBH were 'Islamic Deviants'? Was there any Syariah Court proceeding, that after trial, decided they were Islamic Deviants? Anyway, the penalty for such an offence is merely a maximum of 3 years imprisonment - and Syariah Courts have no power to order actions against their company and/or other income generating activities. 9/11 GISBH - What is happening? Are the actions in accordance with law? PAS raises concern about unfair targetting of business premises?

Has the Registrar of Company decided that GISBH is illegal, and thus was shut down? Did any of the Local Government(Local Council) whose permission is needed for any business to operate within their jurisdiction, and this permit is an annual permit that is constantly reviewed, cancel or REVOKE the needed permission to operate these businesses?

AMLA was used to freeze accounts, seize property, etc - but there DANGEROUSLY the Order is made by the enforcement agency(police,etc..), and not the Court. See Repeal AMLA Draconian Provisions - ONLY Court should make ORDERS related to criminal administration of justice - not police, enforcement agency, Minister or prosecution.

ISLAM - well there are many different schools and differences between various practicing Muslims. The fact that what branch or type of Islam was immaterial, as our Federal Constitution, in Article 3(1) just says '(1) Islam is the religion of the Federation; but other religions may be practiced...' . The Constitution does not limit ISLAM to a particular school or type. 

The definition of Islam according to the Federal Constitution should be left broad and not confined to any one interpretation for the sake of a peaceful co-existence, the Human Rights Commission of Malaysia (Suhakam) said today. Its commissioner Datuk Seri Mohd Hishamudin Md Yunus said Article 3 of the Constitution establishes Islam as the religion of the federation, but does not provide any specify anything beyond that, including denomination or school of jurisprudence. “It does not say whether it should be Sunni Islam, and if so which mazhab (school of jurisprudence).“So in my personal view it should not be confined to Sunni Islam, especially in relation to the Sunni-Shiah divide,” Hishamudin, a former Court of Appeal judge, said during Suhakam's 20th anniversary forum at Istana Hotel.In Malaysia, only the Sunni denomination of Islam and its Shafie school of jurisprudence are considered official by Putrajaya. Other minority denominations such as Shiah and Ahmadi, and also the so-called “liberal Islam”, are considered deviants. - Malay Mail, 12/9/2018

In  MUFTI (FEDERAL TERRITORIES) BILL 2024, Section 3(2) inadvertently defines Islam 'narrowly' when it states the qualifications of the Mufti

            (2) A person is qualified to be a Mufti or a Deputy Mufti if—

(a) he is a citizen of Malaysia;
(b) he is an Ahli Sunah Waljamaah; and
(c) he has expertise in Islamic Law.

(3) The appointment of the Mufti and the Deputy Mufti shall
be published in the Gazette.
(4) For the purposes of this section, “Ahli Sunah Waljamaah” means any person who upholds to the Quran and Sunah—
(a) in respect of akidah, by following the principles sourced from al-Asyairah and al-Maturidiyah stream;
(b) in respect of syariah, by following the Mazhab Syafie or in certain circumstances follow any one of the Mazhab Hanafi, Maliki or Hanbali or legal ijtihad which has been decided by the Fatwa Committee; and
(c) in respect of sufism, by following the principles brought by Imam Junaid al-Baghdadi and Imam al-Ghazali.

Besides, large differences between Sunni and Shia, there are also various streams, Mazhabs, etc - here the Fatwa Committee will also be deciding matters about other Mazhabs like Hanafi, Maliki or Hambali. What would the people of the 3 Mazhabs say about allowing people from the Syafie Mazhab deciding for them?

How many Sunni Muslims are there in Malaysia? How many from the 4 different Mazhabs - Syafie, Hanafi, Maliki or Hambali? How many follow other streams, different from al-Asyairah and al-Maturidiyah stream.

Wondering whether Prime Minister Anwar Ibrahim plans to amend the Federal Constitution limiting the definition of Islam to just Sunni, Mazhab Syafie and following the principles sourced from al-Asyairah and al-Maturidiyah stream? What will happen to the rest of the Muslims? Will they be considered non-Muslim according the Madani Government? Or will they still be judges as 'Muslim Deviants'? Best, then to define them as non-Muslims - that will give them the status of 'OTHER RELIGION' and as such, as per the Federal Constitution says '...other religions may be practised in peace and harmony in any part of the Federation...'

Should the compliance of Syariah law only be required compliance by ONLY Sunni, Mazhab Syafie and following the principles sourced from al-Asyairah and al-Maturidiyah stream? Others should be judged by persons from their respective Mazhabs, streams of thought.....?

Dozens of Shiites have been rounded up recently in the Sunni Muslim-majority country, including several foreigners, fuelling fears that religious authorities are stepping up a crackdown on adherents of the minority sect.

Around the world, Shiite Muslims – who are far outnumbered by Sunnis, and follow some different doctrines and rituals – say they face discrimination from authorities and others who accuse them of being deviants...In September, religious enforcement officers and police raided a series of clandestine gatherings by Shiites commemorating Ashura, which marks the seventh-century killing of Prophet Mohammed’s grandson...In another raid near Kuala Lumpur, community leader Kamil Zuhairi Abdul Aziz and 21 other Shiites were rounded up at the centre he runs while prayer books and speakers were seized.Such raids, which have been happening on and off since 2010, have “created a climate of fear among the Shiite community“, the 53-year-old told AFP.And a private gathering of some 60 Pakistani Shiites was disrupted when religious enforcement officers burst in, although none was arrested. - New Straits Times, 25/11/2019

The reaction of 'not bothered' with this issue because it is not about our religion is WRONG. We should be considered about everyone, irrespective of religion, ethnicity or nationality because they are all our fellow human beings, and we will speak out against injustice or violations of human rights, including right to freedom of religion. If that 'logic' applies, then Malaysian should not be bothered about human rights violations happening outside Malaysia like Palestine, Myanmar, Lebanon, etc... 

What is sad is that we are not hearing much opposition from the MPs in Pakatan Harapan, Muslim or Non-Muslim, from DAP,PKR, Amanah or UPKO? Silence sometimes implies CONSENT - and this means we need to seriously re-evaluate our continued support for this coalition that once promised REFORM...???

When it comes to RELIGION, it is personal - and everyone will have their own understanding of it and its requirements. We may appreciate some interpretations of some persons, maybe end up following it all, some of it or not at all. In Malaysia, there are various religions - but the LAW only applies to Muslims, where if found guilty, they can end up in prison, suffer whipping or needed to pay fines. The question thus is whether the State should by law decide of the 'RIGHT" Islam to be practiced in Malaysia, and the sentences to be imposed in the event of non-compliance?

Other religions also have laws. The Catholic Church have its laws 'The Canon Law' and even in Malaysia, it is enforced by the Church's Tribunal. Nothing about religions or religious groups having their own laws - and enforcing them - but the State should not?

How can any humans say with 100% certainty that this is what GOD meant or requires us to do. ONLY God knows and individual believers act according to what they believe 'their' own God wants...Should the State interfere in religious beliefs?

Following the GISBH 'crackdown', where one the allegations is that they are 'Islamic deviants' - all State laws that 'intepret' or dictate what a man/woman of a particular religion should do or not do needs to be re-looked at? 

Talking about GISBH, well they operate in many countries other than Malaysia. Has any countries, including Saudi Arabia, even done the minimum by issuing a "fatwa" saying that they are Islamic deviants, or is it just happening in a few States in Malaysia?

Anyway, some reports in media about the Bill for your reading pleasure 

 

What is the Mufti Bill, and why is there resistance from some among Muslim scholars and the monarchy?

The Mufti (Federal Territories) Bill 2024 is being deliberated following resistance from some in the Muslim community. — Picture by Yusof Mat Isa

By Zurairi A.R. and Anis Zalani

Wednesday, 17 Jul 2024 7:00 AM MYT

KUALA LUMPUR, July 17 — Last week, Prime Minister Datuk Seri Anwar Ibrahim has conceded that Putrajaya is still deliberating the Mufti (Federal Territories) Bill 2024, following disagreement from parts of the Muslim community.

Anwar also said that he would defer to the expertise of Muslim scholars on the matter, while guaranteeing that the position of the Sunni sect in Malaysia remains unchallenged.

So, what is the Bill about?

The Bill aims to define the role and responsibilities of the mufti in the Federal Territories, which include Kuala Lumpur, Labuan, and Putrajaya. To help understand this, the following points need to be made:

• In Islamic teachings, a “mufti” is an Islamic jurist who is qualified to issue a “fatwa”.
• A “fatwa” is a learned opinion on a point of Islamic law. In general, a fatwa is non-binding for Muslims.
• However, in Malaysia, a mufti also usually handles the Islamic administration in their respective state as Islamic affairs comes under the jurisdiction of the Malay Rulers.
• Additionally, a fatwa from a state’s mufti can be enforced on Muslims there if it is gazetted into law.

This Bill would outline a mufti’s duties in the FT that, among others, include:

• Advising the King on Shariah law (Section 4)
• Issuing fatwas (Section 10)
• Determining the Qibla, or the direction for prayer (Section 17)

Other important points include:

• A court can require the mufti to provide a written opinion on Shariah law if needed, but it would not be binding. A mufti cannot be called to testify in any court. (Section 15)
• The mufti is protected from any legal proceedings if their actions were done “in good faith” and “with a reasonable belief” that they were necessary to implement any provisions in the Act. (Section 32)

It also proposes the formation of several committees to oversee fatwas (Section 7), Islamic astronomy (Section 19), lunar sightings (Section 22), and Islamic religious education (Section 26).

On July 2, the Bill was tabled for its first reading in the Dewan Rakyat by the Minister in the Prime Minister’s Department (Religious Affairs) Datuk Mohd Na’im Mokhtar.

The Mufti (FT) Bill stipulates several requirements for the position, leading some to call them restrictions. — Picture by Choo Choy May.

Points of contentions

Some provisions within the Bill have caused controversy, leading to resistance among some religious scholars and politicians.

The controversy centres on the requirements to be a mufti and issue fatwas in Sections 3(2) and 3(4), which include adherence to the:

• Sunni denomination
• Shafie school of jurisprudence
• Ash'arism and Maturidism schools of theology
• Teachings of Imam al-Ghazali and Imam Junaid in Sufism

What do these mean?

Sunni — The Sunni are the biggest branch in Islam, comprising around nine in 10 Muslims worldwide. The requirement would effectively exclude other denominations such as Shia and Ahmadis, which are generally regarded as either heretic or deviant locally.

Shafie — This is one of the four schools of jurisprudence in Sunni Islam, also called “mazhab”, which influence Shariah laws. The other three are Hanafi, Maliki and Hanbali, although none is opposed to any other. The Bill states that a fatwa can also refer to other schools besides Shafie if needed.

Ash'arism and Maturidism — There are several schools of theology in Sunni Islam, with the other popular one being Atharism. Their opinions differ on matters such as rationalism, free will, and strictness in interpreting religious texts.

Imam al-Ghazali and Imam Junaid — There are many prolific teachers of Sufism, which concerns the spiritual aspects of Islam. The two were respected Persian polymaths educated in Baghdad, with the former also known as Algazel in the Western world.

Perlis Mufti Datuk Mohd Asri Zainul Abidin was among the biggest critics of the Mufti (FT) Bill. — Picture by Mukhriz Hazim

Where is the resistance coming from?

Perlis Mufti Datuk Mohd Asri Zainul Abidin was among the biggest critics of the restrictions, calling for Putrajaya to represent the diversity within the public and the religion.

On his Facebook page on July 2, Asri warned that “rigidity would lead to fanaticism and hatred between the people and the government”.

“It is not appropriate for the Government to pass any legislation or enactment that restricts the thinking of the people, seizes freedom of thought and academic freedom, especially in the name of religion. The Madani Government should adopt a ‘civilised’ approach or bring broad and open-minded civilization thinking.”

He was also supported by his state’s Ruler, Tuanku Syed Sirajuddin, who said that he did not consent to the Conference of Rulers being named as a supporter of the Bill. He has since released a royal statement backing Asri’s arguments.

Tan Sri Abdul Hadi Awang, the president of Islamist party PAS, has also called for the Bill to reviewed, criticising the need for an “official” Islamic strain. He was quoted by PAS' news HarakahDaily telling the media at the sidelines of Kelantan MBI International Conference 024 on July 10:

“The government cannot set such a stipulation because [Imam Malik, Imam Shafie, Imam Hanafi or Imam Hanbali] had never issued any directive for their thoughts to be used as a guide for a country. They only mentioned that Islam should be the religion of the state.”

However, nine state muftis have expressed their support so far: Federal Territories, Perak, Selangor, Sabah, Pahang, Kedah, Negeri Sembilan, Terengganu, and Melaka. - Malay Mail, 17/7/2024

Zaid fears can’t dine at his fav sushi/oyster bar @ BSC anymore if Mufti Bill (FT) 2024 becomes a law

• By FocusM
• 07/10/2024
• in Featured, Mainstream, Top

FORMER de facto law minister Datuk Zaid Ibrahim has taken a potshot at the Madani government for embarking on an authoritarian rule by forging ahead with the Mufti Bill 2024.

Except for Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin a.k.a. Dr MAZA, he expressed concern that “there is no objection from Sabah, Sarawak nor DAP” on the matter.

“Surprisingly, nothing from bodies that claim themselves as champions of democratic and multi-religious rule in Malaysia,” lamented the opposition-slant UMNO member in a X post.

“What’s so bad about the proposed law? It makes or converts a fatwa, traditionally considered in Islamic jurisprudence as an advisory opinion, into law.

“Suppose the FT Mufti issues a fatwa (a ruling on Islamic law by a recognised authority) that all tobaccos are haram or Muslims must only eat in restaurants with a halal certificate on display, such law will be enforced throughout FT.”

For context, the government plans to proceed with the second and third readings of the Mufti Bill (Federal Territories) 2024 on Oct 16 or 17, according to Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar.

The first reading of the bill had already taken place during the last Parliament session. Na’im added that a decision regarding the Mufti Bill is expected to be known this year with the Bill being debated in the Dewan Rakyat before being presented to the Dewan Negara.

Muslims rob of constitutional rights 

Previously, media reports indicated that the first reading took place in July with the Mufti Bill (FT) 2024 being one of three bills related to Islamic affairs presented for amendment.

The bill aims to define the Ahli Sunnah Wal Jamaah from the perspectives of the al-Asyairah and al-Maturidiah schools of thought.

Zaid further contended that once the Parliament passes the said law, other states will follow, eventually resulting in “the whole Federation being ruled by Muftis”.

“If I walk in to have my  sushi or oyster bar at BSC (Bangsar Shopping Centre), I commit an offence for such places do not usually carry the halal sign,” fumed the former defence counsel of now incarcerated former premier Datuk Seri Najib Razak.

“Do I have any personal liberties left, a constitutional right to eat wherever I please? Under Madani, no.

“What happens to democracy and religious freedom? What if the Muftis ruled that Muslims could no longer shake hands with their female colleagues? Or deny Muslims to wish Merry Christmas? Or Happy Deepavali?”

In Zaid’s opinion, there is now no need to pass such a law at the state legislative assembly level given a mere issuance of an edict or fatwa can be deemed as suffice.

“We have elections in the country to select the people’s representatives who then make laws for the country. Now, an unelected religious officer called the Mufti can do that on his own,” the founder of Zaid Ibrahim & Co, the largest private law firm in Malaysia (which he no longer owns) further ranted.

“Don’t the Malay rulers worry that they may be deprived of their powers one day? What if there is an edict that the position of Malay Rulers as head of the religion is un-Islamic since the Khalifah has to be vested in a person who is well-learned in Islamic knowledge and qualified Imam?

“The wise guys in Putrajaya need to be careful in their relentless drive towards Islamisation of the country. They may not like what they wish for.” – Oct 7, 2024, Focus Malaysia

COMMENT | Why you should be worried about the FT Mufti Bill

Mariam Mokhtar

Published:  Oct 11, 2024

COMMENT | Being a Muslim used to be so easy. One believed in Allah and observed the five pillars of Islam to lead one’s life as a good and responsible Muslim.

Today, conservative Muslims and wannabe clerics do the religious equivalent of blinding one with science. They litter their speeches with Arabic and line their policies with tongue-twisting theological phrases, to convince the masses that they are super religious or brilliant.

Nothing could be further from the truth.

It is doubtful that many Malays can comprehend what they are saying, and some Malaysians would probably agree that quantum mechanics would be easier to understand.

On July 2, one of the most oppressive bills to be tabled in Parliament, the Federal Territories Mufti Bill 2024, had its first reading in the Dewan Rakyat.

Mohd Na’im Mokhtar

The Minister in the Prime Minister’s Department (Religious Affairs) Mohd Na’im Mokhtar introduced the bill and unsurprisingly, few of us paid any attention to it.

This is probably because every other day, at least one religious issue will dominate the news, despite there being more important priorities to focus on.

Sweeping powers

Next week, the bill will have its second and third reading in Parliament, before it is voted on and made into law.

This time, it must not escape our intense scrutiny yet again.

When it was first tabled, few of us were aware. Had Muslim MPs been lobbied to support this oppressive bill, while non-Muslim MPs had no clue what it was all about?

You should be worried about this bill because it represents a fundamental attack on our personal freedom and our democracy.

If passed, the bill will give unprecedented sweeping powers to unelected officials to dictate what we can, or cannot do.

Enslaved by religion

Months earlier, the Umno Baru Youth leader, Dr Muhamad Akmal Saleh warned non-Muslims not to interfere with Islamic matters.

So, were the halal issues at the time, being used as a smokescreen for laying the groundwork to silence any opposition by non-Muslim MPs towards this controversial bill?

Na’im, Prime Minister Anwar Ibrahim, and Bangi MP Syahredzan Johan, are trying to make out that the bill is relatively harmless.

Malaya may have achieved Merdeka 67 years ago, but Muslims are still enslaved by religion. The Malay mind is mummified and shaped by ignorance and dogma, while the non-Malays have been browbeaten into submission and silence.

The government will attempt to push this bill before the rakyat realises how serious the matter is.

These are the worst bits of the bill.

The bill is unconstitutional and our blind submission to it will mean that we transition from a democracy to authoritarian rule in Malaysia.

The bill is divisive, it gives unelected people, like the muftis, whose qualifications we do not know, absolute control over our lives.

Will the muftis have more power than the king when it comes to religious matters?

Interpretation of fatwa

Although we know that a fatwa is merely an opinion, this is after all Malaysia, and the fatwa will be interpreted according to the whims of these muftis.

They will have over-arching powers to sanction anyone whom they think has broken the fatwa. The fatwa will be set in stone just like any law that has been passed.

At the same time, the same unelected muftis will be immune from prosecution. What sort of governance is this? Lives may be destroyed, but these muftis will escape punishment.

When one state adopts it, others will follow suit, including Sarawak and Sabah.

You may not think it, but the bill will have serious consequences because it is a clash between two sets of laws, civil and syariah.

In 1988, two significant amendments to Article 1216 of the Federal Constitution were made. Our supreme law is the Federal Constitution, but ever since 1988, the powers and jurisdiction of the syariah courts have slowly been expanded beyond the limits permitted by the Constitution.

In October 2024, the syariah courts will overstep their boundaries yet again, and the civil courts will be powerless to stop them because of the way Article 121(1A) has been interpreted.

Non-Muslims also impacted

Despite what the non-Muslims will have been told, the bill will affect us all, both Muslims and non-Muslims.

Tuanku Syed Sirajuddin Putra Jamalullail

There are some notable critics of this bill besides Sisters in Islam and some high-profile lawyers.

Perlis ruler Tuanku Syed Sirajuddin Putra Jamalullail objected to the use of the Council of Rulers’ name to support the bill.

Perlis mufti Mohd Asri Zainul Abidin, another critic, warned about Sunni sectarianism and that “rigidity would lead to fanaticism and hatred between the people and the government”.

PAS president Abdul Hadi Awang wanted the bill to be reviewed and he criticised the need for an “official” Islamic strain.

When the Perlis ruler objected, Anwar said the experts would deliberate on the matter.

Controlling dissent

In 21st-century Malaysia, this is how the rakyat is kept strictly in line. Politicians control dissent by bullying us with draconian laws, while the muftis claim to save our souls via fire-and-brimstone sermons, promises of rewards in heaven, and threats of endless punishment in hell.

In a nutshell, both politicians and clergy carve up the nation for themselves.

They enter into a marriage of convenience because they need one another to maintain their hold on power, and specifically to control you.

We thought that Na’im was one of the more “progressive” syariah judges. We were wrong.

Was Na’im under instruction to implement this bill as part of the bigger plan to Islamise Malaysia?

Or is the FT Mufti Bill 2024 part of Anwar’s unfinished business? Is he merely completing what he started in 1982 but was unable to finalise because he was ousted from office in 1998?

It is not too late to stop this bill. - Malaysiakini, 11/10/2024

 

 

 

 

 

Pending Abolition of Whipping in Malaysia, Whipping Sentences should be carried out the ISLAMIC WAY, as done in the Syariah Administration of Criminal Justice in Malaysia, or better still a Moratorium..

Media Statement – 13/10/2024

Pending Abolition of Whipping in Malaysia, Whipping Sentences should be carried out the ISLAMIC WAY, as done in the Syariah Administration of Criminal Justice in Malaysia, or better still a Moratorium

Even Saudi Arabia abolished flogging/whipping in 2020, when will Malaysia?

MADPET (Malaysians Against Death Penalty and Torture) call on Malaysia to ensure that whipping (or caning) of prisoners in the administration of criminal justice be done in accordance with the manner and standards practiced by Islamic Syariah Criminal Procedure, which is more humane and less likely to cause grievous bodily harm, permanent damage or death.

In Malaysia, the punishment of whipping or caning are provided for as sentences of criminal offences, and also as punishment for Syariah criminal offences, but there are significant differences in the manner the sentence is carried, whereby the Syariah method is so much more less cruel, and less likely to cause serious injury or death.

Man Dies After Being Whipped

A man died after being caned(whipped) 12 times in Malaysia forces us to relook at the criminal punishment of whipping. His death sentence, after the abolition of the mandatory death penalty in Malaysia, was revised by the Federal Court on 10/9/2024 to 33 years in prison, along with 12 strokes of the cane. He died about a month after the caning/whipping.

‘Zaidi’s death certificate, also sighted by Malaysiakini, listed the cause of death as “septic sequelae to blunt force trauma to the gluteal region.” A butt bruise, or gluteal contusion, is an injury to the gluteal muscles of the buttocks caused by damage to muscle fibers and blood vessels, resulting in bleeding under the skin.(Malaysiakini, 9/10/2024)

Syariah criminal Whipping more humane and less likely to kill

Section 125(e) of Syariah Criminal Procedure (Terengganu) Enactment 2001 states that ‘(e) the person shall use the whipping rod with average force without lifting his hand over his head so that the offender's skin is not cut; …’ A similar provision also found in Selangor enactment, and most likely all States.

However, in the Malaysian Criminal Code, there is no such requirement, and he is caned with full force on his naked butt region with a rattan half an inch (1.27 cm) in diameter, and so whipped offender’s skin can and do break even after the first stroke of the cane. Now, it also known that this kind of whipping can kill.

“After being caned, I immediately felt drained of all my energy. The cane tore the skin on my buttocks and I started to bleed after a few minutes. “I could not sit for the next 10 days and I slept facing down to avoid making my wounds worse,” Sabri recalled. .(Malaysiakini, 9/10/2024)

In Syariah whipping, in comparison, the law says that the whipping rod ‘make either from rattan or small branch of a tree without segment or joint and its length not more than 1.22 meters and its thickness not more than 1.25 centimeters.’

In Syariah Whipping – no stripping and exposed buttocks

In the Syariah enactment, when being whipped, the convict is NOT asked to strip or expose his naked buttocks. The Syariah enactment, both in Terengganu and Selangor, says ‘(h) the offender shall wear clothes according to Hukum Syarak; …’

Sabri Umar, a documented migrant worker who was wrongly whipped 5 times, when there was an appeal pending in court shared his experience of being whipped.

‘… Sabri Umar said all the inmates were asked to strip with only a piece of cloth to cover their private parts. “We took turns to step onto a wooden frame and our legs were spread apart but not bound. Our hands were spread upward and tied to the frame we were standing on. “They untied us after the caning and told us to put on our shirts back while we waited in a group and watched others being caned,” described the 31-year-old, his voice quavered as if he was reliving the horror again. (Malaysiakini,

Malaysia, where Islam is the religion of the Federation, is it not right for the State requires a man to be stripped, with his naked butt region exposed when he is whipped. What about modesty, human dignity and the Islamic requirement of covering one’s aurat (the area between the navel and the knees for men)?

Whipping in Malaysia happens a lot

So many people are being made to suffer this cruel, inhumane and life-threatening punishment of whipping in Malaysia annually. “According to Prisons Department records, 47,914 foreigners were found to have violated the Immigration Act from 2002 to 2008. Of these, 34,923 were caned or whipped. In 2010, Amnesty International released a report saying some 10,000 prisoners and 6,000 refugees were being caned each year in Malaysia, punishment for more than 60 crimes - including drug-related and sexual offences, as well as migration violations. We do not have the current statistics, but 5,000 or more are still being whipped annually.

Note, that when those facing mandatory death penalty had their death sentenced revised to imprisonment, the law now says that they also will receive mandatorily at least 12 whipping/caning. Parliament should amend this law, and allow the courts to determine whether they should be whipped or not, and how many times. Now, Parliament has removed judicial discretion – and judges are forced by law to impose sentence of at least 12 strokes of the cane(whipping).

Malaysia, the last few that Retains Whipping As A Criminal Sentence

Only about 15 countries, retain whipping as a punishment for crimes, and embarrassingly, Malaysia is one of them.

Many countries have long abolished whipping as a punishment from their statutes, such as India and the United Kingdom, pursuant to the Indian Abolition of Whipping Act 1955 and the Criminal Justice Act 1948, respectively.

On April 2020, it was reported that Saudi Arabia also have abolished flogging as a form of punishment. It was part of reforms pushed by King Salman Bin Abdul Aziz and his son, the kingdom’s de facto ruler, Crown Prince Mohammed bin Salman (MBS) (Al Jazeera, 25/4/2020)

Therefore, MADPET calls on Malaysia to abolish the punishment of whipping in Malaysia especially the kind of whipping in the administration of criminal justice, where now we have a report that a person died because of it. How many persons have death was caused by whippings in Malaysia?

After, the reported death caused by whipping, it was most disappointing that Prime Minister Anwar Ibrahim and the current government of Malaysia failed to immediately place a MORATORIUM on all whippings.

Pending abolition, MADPET proposes, if Malaysia still wants to retain and carry out this cruel punishment of whipping, to at the very least to ensure that any or all whippings is carried out the Islamic way, that is certainly more humane and less likely of killing anyone, or causing serious injury.

Charles Hector

For and on behalf of MADPET

Statement thus far have been carried in the following media

“The irony of a Malaysian prisoner who escapes the hangman’s noose dies from 12 strokes of whipping” - Focus Malaysia, 13/10/2024

Whipping must follow Islamic way if not yet abolished: rights group responds to inmate’s death - Scoop, 13/10/2023

 

 

Notes:-

CRIMINAL PROCEDURE CODE (REVISED 1999)

288  Mode of executing such sentence

(1) When the accused is sentenced to whipping the number of strokes shall be specified in the sentence. In no case shall the whipping exceed twenty-four strokes in the case of an adult or ten strokes in the case of a youthful offender, anything in any written law to the contrary notwithstanding.

(2) Whipping shall be inflicted on such part of the person as the Minister charged with responsibility for public order from time to time generally directs.

(3) The rattan used for whipping shall be not more than half an inch in diameter

(4) In the case of an accused sentenced to whipping for an offence under section 403, 404, 406, 407, 408, 409 or 420 of the Penal Code, or a youthful offender, whipping shall be inflicted in the way of school discipline with a light rattan.

(5) When a person is convicted at one trial of any two or more distinct offences any two or more of which are legally punishable by whipping, the combined sentences of whipping awarded by the Court for any such offences shall not, anything in any written law to the contrary notwithstanding, exceed a total number of twenty-four strokes in the case of adults and ten strokes in the case of youthful offenders.

SYARIAH CRIMINAL PROCEDURE (TERENGGANU) ENACTMENT 2001

 125  Sentence of whipping

...(2) The whipping rod, excluding its holder, shall be of the same type and make either from rattan or small branch or a tree without segment or joint and its length not more than 1.22 metres and its thickness not more than 1.25 centimetres.

(3) The following provisions shall be followed when executing the sentences of whipping, that is-

(a) before execution of the sentence, the offender shall be examined by a Government Medical Officer to certify that the offender is in a fit state of health to undergo the sentence;

(b) if the offender is pregnant, the execution shall be postponed until the end of two months after delivery or miscarriage, as the case may be;

(c) the sentence shall be executed before a Government Medical Officer in such place as the Court may direct or in a place fixed by the Government for the purpose;

(d) the person appointed to execute the sentence shall be an 'adil and mature person;

(e) the person shall use the whipping rod with average force without lifting his hand over his head so that the offender's skin is not cut;

(f) after inflicting a stroke, he shall lift the rod upward and not pull it;

(g) whipping may be inflicted on all parts of the body except the face, head, stomach, chest or private parts

(h) the offender shall wear clothes according to Hukum Syarak;

(i) if the offender is a male the whipping shall be inflicted in a standing position, and if a female, in a sitting position;

(j) if during the execution of the whipping the Government Medical Officer certifies that the offender can no longer receive the strokes, the whipping shall be postponed until the Medical Officer certifies that the offender is fit to undergo the balance of the sentence.

(4) In the case where the offender is sentenced to whipping only, then he shall be dealt with as if he is sentenced to imprisonment until the sentence is executed.

(5) If the Government Medical Officer certifies that the offender, due to old age, illness or any other reason is unable to undergo the whipping sentence wholly or partly, the case shall be referred to the Court which may order the execution of the sentence in a manner as it thinks reasonable.

Explanation - Old age means the age of fifty years or above.

 

Pokok Sena inmate dies after caning, NGO demands probe

Ili Aqilah

Published:  Oct 9, 2024 5:00 PM

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Updated: 5:00 PM

Suhakam has confirmed receiving a report regarding the death of an inmate, allegedly after the administration of a caning punishment.

When contacted, Suhakam confirmed that the report over the death of a man incarcerated at Pokok Sena Prison, Kedah, had been lodged yesterday.

According to the report sighted by Malaysiakini, the family of inmate Zaidi Abd Hamid, was informed of his death at 2am on Monday (Oct 7).

Zaidi, 49, was initially sentenced to death in 2015.

However, after the abolition of the mandatory death penalty in Malaysia, his sentence was revised on Sept 10 to 33 years in prison, along with 12 strokes of the cane.

Denial of visit

The report claimed that Zaidi began experiencing severe bleeding a week after the caning, which alarmed his family, especially given his pre-existing condition of high blood pressure.

“Zaidi’s wife requested to visit him on Oct 6 but was denied. His family was very worried about Zaidi’s condition and had asked the prison authorities to send him to the hospital for proper medical treatment.

“Unfortunately, on Oct 7 at around 9am, the family received the news about Zaidi passing on the same day,” the report stated.

Zaidi’s death certificate, also sighted by Malaysiakini, listed the cause of death as “septic sequelae to blunt force trauma to the gluteal region.”

He had reportedly passed away en route to Sultanah Bahiyah Hospital in Alor Setar.

Malaysiakini was also informed that Zaidi had been receiving medication for high blood pressure and diabetes while in prison.

When contacted, Dobby Chew, CEO of the Right to Life advocacy group Hayat, called for a thorough post-mortem and investigation to determine if Zaidi’s health conditions contributed to his death.

“However, this doesn’t change the fact that having these pre-existing conditions, he should have never been confronted with caning as it would always carry further risk of harm than what is legally permitted,” he said.

Danger of caning questioned

Chew further questioned the quality of healthcare resources within the prison system, suggesting that the delay in medical treatment following the whipping might have played a role in Zaidi’s death.

“He (Zaidi) was resentenced to life imprisonment and had a chance for redemption and a life outside of prison. He and his family were denied this.

“If the government cannot assure all persons who are subjected to caning will not suffer from further complications beyond the aim of inflicting pain, then this punishment should not be part of our Penal Code,” he lamented.

Dobby Chew

Chew also pointed out that in a different case, lawyers had earlier advocated for leniency in the case of a quadriplegic drug mule, seeking to waive caning due to pre-existing health issues, but their appeal was denied.

The Criminal Procedure Code allows for the waiver only if a medical officer certifies that the individual is unfit.

“Caning continues to be a contentious issue, especially with the Federal Court decision last week that caning must be meted out consecutively.

“This opens up the danger because someone who may be at risk of further health complications may be certified as ‘fit’ for caning,” he said.

Malaysiakini has contacted Pokok Sena Prison and is awaiting a response. - Malaysiakini, 9/10/2024

 

Wrongfully jailed: 'I was among 35 inmates whipped on same day'

S Vinothaa

Published:  Aug 17, 2022 8:45 AM

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Updated: 11:05 AM

The Indonesian migrant worker who was wrongfully imprisoned and whipped said he was among 35 other Tawau Prison inmates who were whipped on the same day, one after another.

Recalling his harrowing experience waiting for his turn to be whipped, Sabri Umar said all the inmates were asked to strip with only a piece of cloth to cover their private parts.

“We took turns to step onto a wooden frame and our legs were spread apart but not bound. Our hands were spread upward and tied to the frame we were standing on.

“They untied us after the caning and told us to put on our shirts back while we waited in a group and watched others being caned,” described the 31-year-old, his voice quavered as if he was reliving the horror again.

Sabri said it was a terrifying moment being gathered in the same area and witnessing others before him being caned.

“Many of them screamed and cried, but those who were stronger didn’t cry. I remember one person receiving 10 strokes that day.

“After being caned, I immediately felt drained of all my energy. The cane tore the skin on my buttocks and I started to bleed after a few minutes.

“I could not sit for the next 10 days and I slept facing down to avoid making my wounds worse,” Sabri recalled.

Sabri’s woes

Over a period of just four months since April, the former employee of a plywood factory in Kalabakan in Tawau, Sabah, was wrongfully terminated of his employment, arrested and wrongfully detained by the Tawau police.

Sabri was investigated under Section 14(a) of the Sexual Offences Against Children Act 2017 but eventually charged and sentenced under Section 6(1) (c) of the Immigration Act 1959/63.

He claimed to be innocent of both charges, but the Sessions Court sentenced him to 11 months in jail and five strokes of the cane.

Four months after his arrest, Sabri was acquitted by the High Court in Tawau, but he lived in constant fear of a re-arrest under the sexual offence and of finding himself behind bars as swiftly as he was put there the first time.

Owing to the swift manner by which he was imprisoned and sentenced, Sabri agreed that there was a high possibility that there were other wrongfully imprisoned inmates in the Tawau Prison.

Sabri, who now has the support of the Indonesian Consulate in Tawau, was administered five strokes of the cane despite a pending notice of appeal and he told Malaysiakini that he would seek justice.

For two days after the whipping, Sabri was running a fever and he only took the yellow medicine handed to each inmate after the caning.

He alleged that they received no other medications and some inmates who also had fever were asked to just take a cold shower.

After his acquittal, he went to see a doctor and get himself checked as he was experiencing pain when urinating.

The consul at the Indonesia Consulate in Tawau, Heni Hamidah, told Malaysiakini that they sent Sabri for a second medical test on Monday to find out the extent of the complications resulting from the whipping.

‘Ratify UN Convention against torture’

Criminal lawyer Michelle Rossana Usman from Kota Kinabalu, who was engaged to represent the migrant worker by the Sabah Timber Industry Employees Union of which Sabri is a member, noted Malaysia’s notoriety for its flogging practices.

Quoting a statistic by Amnesty International, Michelle said the international human rights organisation estimates that as many as 10,000 people are subjected to caning in Malaysia every year, most of whom are foreign nationals.

"Sabri was unfortunately whipped for an offence that he could not have been guilty of as he had proper documentation to enter Malaysia as a migrant worker.

"It is high time Malaysia ratifies the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

"The government also needs to ratify the International Covenant on Civil and Political Rights," she stressed.

Michelle, who is a member of the Sabah Human Rights Centre, pointed out that Sabri's case was an example of a workers' union member who was wrongfully charged with crimes he was not guilty of.

"What about the thousand others who are charged in our courts but are not represented at all?" she asked.

Michelle urged the government to amend existing legislation to treat immigration violations as administrative offences, rather than crimes punishable with imprisonment and caning.

Tawau Prison

Judicial caning in Malaysia and Saudi Arabia

Judicial caning in Malaysia is meted out for more than 60 criminal offences such as drug trafficking, rape, illegal entry into Malaysia under the Immigration Act 1959/63 and making false passports under the passport Act 1966.

According to the Amnesty International Report 2020/21, the judicial caning sentence was also meted out to Rohingya refugees during the pandemic.

Following protests from local activists, the sentence was set aside for the 27 Rohingya refugees at a hearing in the High Court in Alor Setar in 2020. However, the migrants continued to be caned, in addition to their prison sentences for illegal entry into Malaysia.

The 27 refugees, who were among 40 refugees convicted by a Magistrate’s Court in Langkawi for entering Malaysia without a valid permit, had obtained legal representation to appeal.

The 40 were also sentenced to seven months in jail.

The High Court in Alor Setar decided that caning would be inhumane as the men were refugees with no prior history of criminal activity or violence.

Meanwhile, a country that was known to carry out flogging in public squares, Saudi Arabia, abolished that corporal punishment in April 2020.

Crown Prince Mohammed Salman has spared the rod and offenders will instead be fined or receive jail sentences. - Malaysiakini, 17/8/2022

Saudi Arabia abolishes flogging as punishment

Saudi Supreme Court says decision is part of reforms pushed by King Salman and his son Crown Prince Mohammed.

Saudi Arabia's supreme court has announced the abolishing of flogging as a form of punishment [Amr Nabil/AP Photo]

Published On 25 Apr 2020

Saudi Arabia has abolished flogging as a form of punishment, the country’s supreme court has announced.

The court said on Saturday that the “human rights advances” are part of reforms pushed by King Salman Bin Abdul Aziz and his son, the kingdom’s de facto ruler, Crown Prince Mohammed bin Salman (MBS).

Court-ordered floggings in Saudi Arabia – sometimes extending to hundreds of lashes – have long drawn condemnation from human rights groups.

Human rights activists, however, say legal reforms overseen by MBS have brought no let-up in the conservative kingdom’s crushing of dissent, including through the use of the death penalty.

International human rights norms

The Saudi supreme court said the latest reform was intended to “bring the kingdom into line with international human rights norms against corporal punishment”.

Previously the courts could order the flogging of convicts found guilty of offences ranging from extramarital sex and breach of the peace to murder.

In future, judges will have to choose between fines and/or jail sentences, or non-custodial alternatives like community service, the court said in a statement seen by AFP on Saturday.

The most high-profile instance of flogging in recent years was the case of Saudi blogger Raif Badawi, who was arrested in 2012 and sentenced to seven years in prison and 600 lashes and then resentenced to 10 years and 1,000 lashes in 2014 for blogging about free speech and “insulting Islam”.

He was awarded the European Parliament’s Sakharov human rights prize the following year. Badawi is currently serving his jail term.

Saudi Arabia’s human rights record has come under scrutiny this week following news of the death in prison of human rights activist and lawyer Abdullah al-Hamid.

The 69-year-old was a founding member of the Saudi Civil and Political Rights Association, known by its Arabic acronym HASEM, and was sentenced to 11 years in jail in March 2013, campaigners said.

He was convicted on multiple charges, including “breaking allegiance” to the Saudi ruler, “inciting disorder” and seeking to disrupt state security, Amnesty International said.

Criticism of Saudi Arabia’s human rights record has grown since King Salman named his son Prince Mohammed as crown prince and heir to the throne in June 2017.

‘Disingenuous move’

Aliaa Abutayah, a London-based Saudi political activist and an opposition leader, told Al Jazeera the latest change by the Saudi government in its penal code is a “very small change”.

“If the Saudi government is serious about legal reform, they should start by releasing all of the political and human rights prisoners they have been holding in their prisons for years,” she said.

“The government should also abolish the death penalty, including the practice of executing juveniles,” she added.

The October 2018 murder of critic Jamal Khashoggi inside the Saudi consulate in Istanbul and the increased repression of dissidents at home have overshadowed the prince’s pledge to modernise the economy and society.Al Jazeera, News Agencies, 25/4/2020