Blog Archive

Friday, December 30, 2011

wHat's uP !

25 years I'm alive here still
Trying to get up that great big hill of hope
For a destination
I realized quickly when I knew I should, that the world was made up of this brotherhood of man, For whatever that means

And so I cry sometimes
When I'm lying in bed Just to get it all out
What's in my head
And I, I am feeling a little peculiar.

And so I wake in the morning
And I step outside
And I take a deep breath and I get real high
And I scream from the top of my lungs
What's going on?
And I say: HEY! yeah yeaaah, HEY yeah yea
I said hey, what's going on?

And I say: HEY! yeah yeaaah, HEY yeah yea, I said hey, what's going on?

ooh, ooh ooooooooooooooooh
ooh, ooh ooooooooooooooooh

and I try, oh my GOD do I try
I try all the time, in this institution

And I pray, oh my God do I pray
I pray all sanctity... For a revolution.

And so I cry sometimes, When I'm lying bed, Just to get it all out *** What's in my head *** And I, I am feeling a little peculiar

And so I wake in the morning
And I step outside
And I take a deep breath and I get real high
And I scream from the top of my lungs
What's going on?
And I say, hey hey hey hey
I said hey, what's going on?  X 5

Twenty-five years I'm alive here still
Trying to get up that great big hill of hope
for a destination
mmh mh

Archive #51

Taming of the Shrew... is it possible? PDF Print E-mail
User Rating: / 5
Written by Salahaddin   
Thursday, 29 December 2011 09:28

By Salahadin

One of the funniest play I have read, to me is ‘Taming of the Shrew’ by William Shakespeare. We were 1st introduced to English plays during our English class in secondary school. It was love at first read! I must admit it was difficult at first to understand old English but once you have understood it, then it makes a lot sense. The language is beautiful and its stories have great moralistic values, at least, that my two cent thought.

Anyway, back to the play, ‘Taming of the Shrew’ was recommended to me by a friend. He told me it’s a must read and that he fell off the sofa laughing reading it. I was intrigued because, this friend of mine is a ‘no-nonsense’ type of guy. One look from him is enough to make you have cardiac arrest from fear, so anything that can crack a smile on his face, made my curiosity run into over-drive! So I hunted for the book and found it. He was right, the play was very funny but it also taught some meaningful lessons.

The play is basically about a man, Petruchio who was looking for a rich wife regardless of look or beauty. He agreed to marry Katherine, the shrew, a vicious and ill-tempered old maid woman. Despite her father agreeing to her hand in marriage, Katherine refused to marry Petruchio. She insulted him at every opportunity but Petruchio was adamant. The wedding was set. Every bad thing that she did, he countered it two-folds. If she embarrassed him in public, he would retaliate in embarrassing her even more. The last straw was when he arrived late their wedding, in an ill-fitted outfit. Katherine was fearful that she would be left standing at the altar and continued her life as an old maid. Petruchio was on his worst behavior which ended up with him smacking the priest on the head and spitting out verbal abuse during the ceremony. Out of embarrassment, the shrew backed down and was from that day, was on her best behavior for fear of being humiliated in public again.

Remembering that play, I wonder if our Syariah system is actually acting up like the shrew, in order to keep everyone away and quiet. It worked with Katherine as it kept any possible suitors away since she did not want to get married but what about our Syariah system? What is the intention behind the misbehavior of the minority that is causing a major impact on the whole Islamic society? Is there hope for our Shariah system? Can it be tamed? Will it ever become people friendly or does it have to be shamed before it would affect any change?

I cannot help but to compare between the civil court system and Syariah Court. To some extent, as much as I hate to admit it, civil system is fairer and dispenses justice faster than the Syariah system. For example, for uncontested probate matters, litigants will be able to get their Letter of Administration, needed to administer the deceased’s estate within 1 month. That gives the opportunity for the widow and/or children to settle all the debts of the deceased and for the wife to have access to the late husband’s account, to continue to support their children’s upbringing.

Let us see the scenario in the Syariah court instead. An application for a ‘Faraid’ certificate (division of estate properties according to Islamic law), in some states takes years! In some cases, the beneficiaries have even passed on while waiting and that makes the situation even more complicated. Reasons for the delay are postponements by the Court.

Another area which I can’t seem to agree with the Syariah system is, the need to seek for the Court’s approval before a husband can pronounce divorce. Failure for seeking such approval from Court can result in the husband being fine up to RM1,000.00 or imprisonment not more than 6 months or both.

On one side, I can see the rationale of imposing such law. It is to my understanding, that it is to protect the women from being unjustly divorce without her rights being considered. However, we MUST remember! The right to pronounce divorce or ‘talaq’ belongs solely to the husband, whether we like it or not. This is a God given right to the husband.

“O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.  Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out” - (Surah At-Talaq 65:1-2)

Nothing in the above verse states that the power to divorce the wife is subject to approval by any other party or institution. Unless I am wrong, but by the courts saying that the husband can only exercise his right, given by God, after the courts have given him its approval, isn’t indirectly saying that God’s law is subject to human’s approval? Are we bigger than God?

Don’t get me wrong! I am not encouraging divorce but merely stating a fact. Ironically, when a wife files an application into court for a pronouncement of ‘talaq’ and the husband refuses to consent to the application, the court will turn around and inform the wife that her application cannot be heard because the power or authority to pronounce ‘talaq’ is solely in the hand of the husband and if he refuses, then the court is not able to do anything about it. Hence, she must withdraw her application and re-file a fresh application for divorce under other branches of law such as ‘fasakh’ or ‘takliq’.

However, if the husband is the one who files the application for pronouncement of ‘talaq’ and the wife refuses to consent to the application, then the husband is NOT allowed to pronounce the divorce but the case will be referred to a Committee who will act as arbitrators and try to settle the matter within 6 months to year and if he exercise his God given right, he can be fine or even worse, jailed! Now, tell me what is wrong with this scenario?

Despite the intention being good, let us study the repercussions of such action.

Scenario #1-

Parties have been living apart for years and the husband wants to remarry. Out of spite, the wife refuses hence the case gets referred to the Committee. Until the case is heard and disposed of, the husband must abstain from committing any sexual relationship. If the matter is dragged for years (trust me, it can!) then, the question is, can a man survive for that long of period before succumbing into temptation? Is it fair to subject him to such ‘punishment’ or ‘torture’?

Often, the husband will just pronounce the ‘talaq’ outside the court and file an application to register the divorce but he may still be fined or God forbid, jailed, for exercising his God’s given right.

Scenario #2-

Husband files an application, the wife refuses and matter gets referred to the Committee. The Husband crosses over to the border, remarried, returns and files an application to register the 2nd marriage and just leave the 1st wife hanging. The Husband withdraws his application and the 1st wife is now forced to file for divorce.

Scenario #3-

The husband is a foreigner and the wife is a local. Marriage broke down irretrievably for years and couples have been living apart for years. The husband finally files an application for pronouncement of ‘talaq’ but the wife refuses to consent because she wants some monetary settlement from her ‘foreigner’ husband hence the court refuses to grant approval and refers the matter to the Committee.

Husband returns to his home country, never to come back and the wife is left hanging. The wife now had to file another application for divorce and the hearing will take years to complete.

The above scenarios were not made up or fictions but real live accounts of cases. Whether we like it or not, the power of ‘talaq’ is in the hands of the husband. If the intention is to be fair to both parties perhaps, instead of automatically referring the case to the Committee when the wife refuses to consent, the judge should hear each cases individually first and assess to see if the case should be referred to the Committee or to just grant the approval to the husband to pronounce ‘talaq’.

In cases where couples have been living apart and the wife is already co-habiting (it happens) with another man, the court should grant the approval immediately to avoid any more sins being committed.

A husband is responsible for the wife’s sins.

“Prophet (peace and blessings of Allaah be upon him) said: “The man is the shepherd of the members of his household and is responsible for his flock. Each of you is a shepherd and is responsible for his flock. So the man is a shepherd and is responsible for his flock”.

By preventing a person doing a right thing, we will be responsible for the sins committed by the person as a result of our action…

To be continued…
Copyright © 2011 Kritisonline. All Rights Reserved.

Archive #50

Kisah ORANG UMNO - Bank Data UMNO ? PDF Print E-mail
Written by GreenHood   
Tuesday, 27 December 2011 23:48

Oleh: GreenHood

Sebenarnya perkara ini sudah lama saya simpan. Mungkin ada perkembangan yang positif berkaitan dengannya. Namun agak malang sehingga penghujung tahun 2011 ini, menghampiri pilihanraya umum 13 (PRU 13), tidak kedengaran langsung perkhabaran mengenainya.

Jika saya tidak menulis berkaitan dengannya, tidak mengapa. Bukan pun tugas saya sebagai penulis tetap dalam laman KritisOnline untuk menulis bagi memberi kemenangan pada mana-mana pihak mahu pun menyebabkan kekalahan pada pihak yang lain. Tugasan yang diberi hanyalah untuk menyampaikan berita, mahu pun memberikan analisis pada subjek yang ditugaskan. Pada satu ketika, penerbit mahukan kami menulis secara kritis.

Bertemu sahabat lama

Sekitar bulan Julai yang lalu, sewaktu saya menikmati  juadah tengahari  di bandaraya Shah Alam, bahu saya telah ditepuk dan yang menepuk bahu saya adalah seorang sahabat lama yang sangat aktif dalam politik UMNO.

Melihat saya menjamu selera berseorangan, beliau menawarkan diri untuk menemani saya. Pucuk dicita, ulam mendatang. Sebagai penulis, didatangi oleh individu yang sarat dengan informasi  politik adalah ‘saat keemasan’ yang tidak akan sama sekali saya tolak. Ia mampu mengisi vocabulary politik semasa saya.

Al Kisahnya

Agaknya beginilah perangai  ‘orang UMNO’. Datuk Seri Najib semasa Perhimpunan Agung UMNO 2011 (PAU) bersungguh-sungguh mahukan ‘ahli UMNO’  bukan sekadar menjadi ahli, namun menerapkan semangat sebagai ‘orang UMNO’.

Bagi Najib, ‘orang UMNO’ adalah mereka yang bangga dan sanggup berkorban demi UMNO.
Tapi lain pula dengan ‘orang UMNO’ yang biasa saya jumpa. Mereka sungguh bangga bercerita tentang UMNO tanpa melihat kiri dan kanan, depan atau pun belakang. Dan mereka amat bangga dapat berkongsi cerita tentang UMNO - tidak kira perkara yang diceritakan itu adalah perkara yang baik mahu pun buruk.

Bank-data UMNO

Sahabat lama saya tidak terlepas dari sikap ‘orang UMNO’ yang suka bercerita. Beliau bercerita bahawa beliau baru sahaja selesai sesi penerangan atau maklumat yang diberikan oleh pegawai-pegawai UMNO pusat berkaitan satu sistem.

Sistem IT yang diperkenalkan oleh UMNO pusat berbentuk bank-data yang bakal mengumpulkan maklumat dari akar umbi. Dan bahagian di mana sahabat lama saya naungi adalah sebahagian dari jelajah pegawai-pegawai IT UMNO pusat tersebut dalam memperkenalkan sistem terbaru ini.

Setiap bahagian UMNO yang telah pun mengenal pasti ketua-ketua pusat daerah mengundi (PDM) bakal dibekalkan dengan satu nama pengguna (user name) dan satu kata kunci (password). Ia bakal diberikan melalui bahagian UMNO tersebut kepada ketua-ketua PDM dalam bahagian atau parlimennya.

Maka, setiap ketua PDM akan punyai akses bagi memberikan maklumat terutamanya apa yang kurang di PDM mereka. Maklumat ini akan diterima dan diproses oleh UMNO pusat atau 'central war-room' dalam mengatasi masalah PDM tersebut. Yang lebih menarik, apabila ketua PDM tersebut menerima kata-kunci maka dia boleh mengubah kata-kunci tersebut untuk dirinya sahaja. Wa’ima ketua bahagian UMNO pun tidak mampu membuka akaun ketua PDM tersebut atau mampu untuk mengetahui apakah maklumat yang disampaikan oleh ketua PDM tersebut.

Dengan ‘bangganya’ sahabat saya berkata, manakan mungkin ketua bahagian akan senang hati dengan perkara ini. Sudah pasti ketua bahagian akan menapis dahulu apakah maklumat yang mahu ketua PDM sampaikan kepada pusat. Kot-kot perkara yang akan memalukan dirinya selaku ketua bahagian.

Namun dalam hati saya berkata, inilah sebaik-baik perkara yang UMNO patut lakukan kerana birokrasi telah dihapuskan dan pusat bakal menerima fresh first information dari akar umbi sendiri. Justeru, tindakan segera boleh dilakukan dalam menambah-baikkan UMNO terutamanya di peringkat akar umbi.
Itulah kisahnya.

5 bulan kemudian

Saya kira, Disember bakal berakhir dan Januari akan menyusul. Semenjak kisah bank-data UMNO diceritakan oleh sahabat lama saya sekitar Julai yang lalu, tiada apa-apa perkembangan berkaitan dengannya.

Yang lebih malang, saya sendiri turun bagi mendapatkan maklumat di peringkat PDM-PDM sekitar negeri Selangor, Wilayah Persekutuan dan Pulau Pinang. Tidak kurang dari 20 PDM yang saya tanyakan melibatkan hampir 10 bahagian kesemuanya.

Jawapan ketua-ketua PDM adalah…. “tak tahu menahu pun perkara ni!”.

Lantas saya tertanya-tanya, di manakah silapnya?
Last Updated on Wednesday, 28 December 2011 14:07
Copyright © 2011 Kritisonline. All Rights Reserved.

Tuesday, December 27, 2011

Archive #49

We welcome you to "NADI ANNISSA" PDF Print E-mail
Written by admin   
Saturday, 24 December 2011 22:00

By Zulaiqah

It all started with an annoyance over the fact that there isn’t any place that caters  specifically for Muslim women, either to exercise or swim. Of course there is a swimsuit for Muslim ladies, that covers every inch of their body but the moment they step out of the pool, the suit, which was supposed to offer modesty, had  turned into a very provocative outfit, especially when it clings to every part of the body. For some ladies, like the writer, feels like a beached whale wearing those hideous suits and chose not to swim instead. Malaysia is supposed to be (operative word ‘suppose’) an Islamic country but yet we do not have clubs or even public facilities, like the swimming pool, that is ‘Muslim women’ friendly. Most public pools have woman sessions but the pool is often located in an open space where the pool next to it is full of men and the lifeguard is a man. In United Kingdom, women sessions literally means ONLY women, from the lifeguard to the administrator of the pool are women and United Kingdom is not even an Islamic country. Ironic isn’t it?

Therefore, when two friends, equally disgruntled, sat down to exchange woes, a dream was envisioned. The dream then became a goal and a few months later, the goal became a reality. Nadi Annissa was born.

Nadi Annissa, short for Nadi Annissa Muslim Women Organisation is a non-governmental and a non-political organization. Nadi Annissa in Arabic means ‘women’s club’. The founders of this organization are sister Rozana Zeti Basir and sister Norhafsah Hamid.

Situated at No.2, Jalan 20/6, Taman Paramount, 46300 Petaling Jaya, Selangor, the primary aim of the ‘club’ is to provide an Islamic environment for Muslim ladies/girls to exercise and in line with Syariah principles.

The Club also hopes to disseminate knowledge of Islam and Syariah especially relating women, to its members and general public. For those who are in need of Syariah advice or counseling, the club offers free advice and counseling.

Nadi Annissa houses a swimming pool, a mini gym and a mini library.

For mothers with kids, the Club has a kids’ corner for them to ‘chill’ until mummy is done.

The Club has Quranic classes, Arabic classes, Quran tutoring, Self-Defense, Class for New Muslimah, cooking and sewing. Other fitness programmes that the  Club offers are Jazzercise and Zhumba.

Nadi Annissa would also want to encourage the Muslim ladies to participates in other activities in a more Islamic environment, hence, the Club offers facial, massage, hair styling services for its members.

All in all, Nadi Annissa is a cosy place to just hang out and let down your hair (literally!) for Muslim ladies and girls. It is open from Monday to Friday from 10.00am -6.00pm and Saturday from 10.00am 0 4.00pm. It closes during the day on Wednesdays but open from 6.00pm 9.00pm for night swimming session. In its effort to give something back to the society for the support given, Nadi Annissa is inviting all Muslim ladies to come and swim and use the gym for free for the whole month of January. For enquiries, please call 03-79601714.

You can also visit our facebook fanpage at
* The opening ceremony of Nadi Annissa was held on last Dec 18 attended by among other 12 representatives from Malaysian Hijabbers Community (MHC) - KritisOnline

Last Updated on Saturday, 24 December 2011 22:29
Copyright © 2011 Kritisonline. All Rights Reserved.

Archive #48

Ombak Rindu - Satu Ulasan PDF Print E-mail
Written by GreenHood   
Monday, 26 December 2011 14:27

Oleh: GreenHood

Mari kita tukar mode dari hal politik kepada isu semasa.

Satu subjek yang hangat diperkatakan adalah berkaitan filem arahan Osman Ali, “Ombak Rindu”, sebuah karya yang diangkat menerusi novel tulisan Fauziah Ashari.

Novel kali pertama diterbitkan pada tahun 2002 itu dikhabarkan oleh penerbitnya, Alaf 21, untuk cetakan semula berjumlah 40,000 naskhah setelah filem arahan Osman Ali tersebut berjaya mengaut kutipan jualan melebihi RM6 juta.

Kontroversi tidak akan lekang dari kejayaan, begitulah nasib yang menimpa “Ombak Rindu”. Sama ada kontroversi si penulis yang tidak berpuas-hati dengan bayaran pampasan atau royalty dari penerbit buku serta penerbit filem hinggalah kontroversi ulasan yang ditintakan oleh wartawan Utusan, Ali Atan. Itu belum lagi komen Wardinah Safiyyah yang bersetuju dengan kritikan Ali Atan terhadap filem tersebut yang dikatakan gagal menerapkan nilai Islam untuk dianugerahkan sebuah filem yang cukup berjaya dalam genre atau kelasnya yang tersendiri.


Tidak perlu lakukan teknik flashback bagi menerangkan kepada penonton asal-usul perempuan simpanan bernama Izzah adalah kekuatan utama filem ini. Adopting babak yang penting dari novel kepada layar bukanlah mudah. Sebolehnya, pengarah akan cuba memasukkan semua elemen terkandung di dalam novel ke dalam satu filem namun ini tidak berlaku kepada “Ombak Rindu” arahan Osman Ali.

Garapan yang menarik sedari awal hingga akhir amat penting setiap saat dan ianya disusun kemas dan diakhiri dengan amat cantik dan berkesan sekali.

Sinematografinya amat mengkhayalkan hingga mampu membuat penonton asyik terbayangkan betapa mahukan suasana seperti apa yang dilayarkan di dalam filem ke dalam kehidupan peribadi mereka. Ambil contoh, rumah ala kekampungan namun cukup mewah dengan perabut moden serta kolam renangnya sendiri. Duduk di beranda rumah menghadap lautan luas terbentang adalah menjadi impian hampir semua manusia.

Manakala lakonan Maya Karin sebagai Izzah sememangnya dipuji amat berkesan sekali. Aaron Aziz dan Bront Palarae tidak pernah mengecewakan dalam menghayati watak yang dibawanya. Lisa Surihani mungkin boleh memajukan lagi lakonannya namun jika saya diberi pilihan, watak “Mila” sewajarnya diberikan kepada Nur Fazura.

Watak antagonis dibawakan oleh Azizah Mahzan sebagai “Datuk Sufiah”, ibu kepada “Hariz” sememangnya meninggalkan kesan kepada penonton. Azizah Mahzan tidak perlu menjerit menjengkelkan seperti “Nyonya Mansoor” lakonan Mak Dara dalam filem “Ibu Mertuaku”. Namun kejelikkan penonton terhadap ‘politik seorang ibu’ dalam menyusun atur kehidupan anak adalah bersifat universal ditolak oleh semua lapisan masyarakat. Azizah Mahzan berjaya  membawa kejelikkan itu dekat dengan penonton. Dan sifat antagonis ibu yang jengkil itu berjaya dineutralkan dengan sifat keibuan dan kebapaan lakonan Zaidi Omar dan Normah Dhamanhuri sebagai pembantu rumah kepada Datuk Sufiah.


Mengisahkan seorang anak yatim piatu yang dibela oleh pakcik dan makciknya, Izzah telah diserahkan (sebenarnya dijual) kepada seorang bapa ayam dan Hariz merupakan pelanggan pertamanya. Dalam keegoan sebagai ‘jantan’, Hariz sebenarnya juga kasihan kepada Izzah lantas ditebus dan dibelanya sebelum kemudian dinikahi atas satu hajat sahaja, melampias nafsu berahinya sebagai ‘jantan’.

Kedaifan Izzah dan kecekalan sebagai wanita yang dididik dengan ajaran agama namun lemah kerana sifatnya sebagai “wanita”, Hariz akhirnya akur dengan perasaan kasih dan sayang yang dicurahkan tanpa penat dan jemu oleh Izzah.

Menyimpan identiti Izzah sebagai isterinya, ibu Hariz, Datuk Sufiah tidak mengetahui Izzah adalah sebenarnya isteri kepada anaknya mahukan Hariz mengahwini Mila, seorang anak Tan Sri atas kepentingan harta dan perniagaan.  Hariz, sebagai anak tunggal akur dengan keputusan ibunya berkahwin kali kedua kepada Mila. Di sinilah konflik jiwa timbul dan saksikanlah sendiri di pawagam yang berhampiran.


Tulisan saya kali ini sebenarnya ditujukan khas kepada dua rakan saya (krew KritisOnline) yang baru sahaja menyambut hari ulang tahun perkahwinan mereka minggu lepas. Aturkanlah satu temujanji dengan isteri-isteri anda dan bawalah mereka ke pawagam yang berhampiran bagi menonton filem “Ombak Rindu” sebagai salah satu hadiah kepada mereka.

Jika mahu menilai mengikut ulasan yang diberikan oleh Ali Atan, terlalu jauh pemikirannya. Kenapa tidak bersantai bersama yang tersayang dan nescaya, filem ini akan dikenang sebagai antara hadiah terbaik dari seorang suami kepada isterinya.
Last Updated on Monday, 26 December 2011 22:15
Copyright © 2011 Kritisonline. All Rights Reserved.

Thursday, December 22, 2011

Archive #47

"Holier than thou" - expelling the myth! PDF Print E-mail
User Rating: / 2
Written by Salahaddin   
Thursday, 22 December 2011 19:40

(illustration image)

I have always wondered how close my relationship is with God and often I have wish for it to be closer than it was before. One thing I don’t wonder is the relationship of others with God. Frankly, it is none of my business. In fact, no one should think that he or she is closer to God than anyone else. That is straight forward arrogance or the malay word for it, “riyak”.

What a person displays in his/her behavior to the general public may not be the truth behind closed doors. A person who arrogantly shows their piousness does not mean that they are closer to God than any one of us and those who are humble in their stature does not mean that they are not in God’s favor. Piousness  or piety is a very subjective thing. Only one, that can be judge of a person’s piousness and that is God Almighty Himself and no other.

“The prophet Mohammad (S.A.W.) said, "Do not be envious of one another; do not inflate prices by overbidding against one another; do not hate one another; do not turn away from one another; do not enter into commercial transaction when others have entered into that (transaction); but be you, O slaves of Allah, as brothers. A Muslim is a brother of another Muslim; he neither oppresses him, nor does he lie to him, nor does he look down upon or humiliate him. Piety is here (and he pointed to his chest three times). It is evil enough for a Muslim to humiliate his brother. All things of a Muslim are sacred for his brother-in-faith: his blood, his property, and his honor.” {Related by Imam Muslim.}

Whatever my standing is before the God, one thing I know for sure is that I need to defend my religion when it is unreasonably come under attack. For years, my friends and I have been doing just that to the best of our ability. We realized that we are not the best scholars in Islam but with the little knowledge that we have, we still went for battle. Why do we do that? The answer is simple:-

It has been narrated on the authority of Abu Sa'id Khudri that the Messenger of Allah (may peace be upon him) said (to him): Abu Sa'id, whoever cheerfully accepts Allah as his Lord, Islam as his religion and Muhammad as his Apostle is necessarily entitled to enter Paradise. He (Abu Sa'id) wondered at it and said: Messenger of Allah, repeat it for me. He (the Messenger of Allah) did that and said: There is another act which elevates the position of a man in Paradise to a grade one hundred (higher), and the elevation between one grade and the other is equal to the height of the heaven from the earth. He (Abu Sa'id) said: What is that act? He replied: Jihad in the way of Allah! Jihad in the way of Allah! (Sahih Muslim, 20:4645)

However, the sad part is, now, we are faced with a situation where we have to defend the Syariah system against the attack by our fellows Muslims. At first, I thought the complainers were just being petty but after years of experience and encounters, I’m afraid the complainers do have valid points.

First and foremost, we MUST admit to ourselves that our Syariah system and courts have flaws and these flaws must be rectified immediately. It irks me when the people who are supposed to be protecting and spreading the religion, are the one doing the most damage.

I notices that there myths surrounding the Syariah courts and system and I believe the time has come to expel those myths and put the hard truth across.

Myth #1- Syariah Officers/ judges/practioners are the holiest people or saints.

This is grave misunderstanding. A person holding office in the Syariah office or court is not the holier than the lay man in the street. He may be more knowledgeable but that does not mean he is without sin. He is human and he will make mistake. Knowledge alone does not secure us a place in heaven but piety and eaman will, but we must be careful, for having the knowledge without the wisdom can lead us to the fiery Hell.

Narrated 'Abdur-Rahman bin Samura: The Prophet said, "O 'Abdur-Rahman! Do not seek to be a ruler, for if you are given authority on your demand then you will be held responsible for it, but if you are given it without asking (for it), then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then you should expiate your oath and do what is better" - Sahih Bukhari Volume 9, Book 89, Number 260

Our beloved Prophet (s) did not go to any university or college, in fact, he was illiterate. When the Angel Gabriel instructed Prophet (s) to read, he told Gabriel that he could not read and this was when the 1st revelation was given to Prophet (s).

“Proclaim! (or read!) in the name of thy Lord and Cherisher, Who created- Created man, out of a (mere) clot of congealed blood: Proclaim! And thy Lord is Most Bountiful,- He Who taught (the use of) the pen,-Taught man that which he knew not“ - (Surah Al Alaq 96:1-5)

Those with knowledge should not feel arrogant or proud of it but instead must strive to acquire wisdom in order to use the knowledge properly.

It is narrated on the authority of Abu Huraira that the Prophet (may peace be  him) said: Iman has over seventy branches, and modesty is a branch of Iman - Sahih Muslim Book 1, Number 0055:

For Syariah lawyers, they must not view Syariah cases as financial gains but as  an obligation to direct people in God’s Way. I am appalled to find that some Syariah lawyers are brave enough to advise their clients against Syariah principles so that they can open file and start charging fees.

We have to remember that in civil courts, any disobedience or distortion of the law, refers to man-made law. It’s a moral wrong. In Syariah, on the other hand, any distortion or disobedience to the law refers to God’s law and it is a sin. In Syariah, our source of authority is the holy Quran, which is the direct Commandment of God; and hadith, which are the teachings of our beloved Prophet (s). The severity and punishment of deliberate misconduct in Syariah is very much more than civil. There is one hadith that continues to haunt me everytime I give advice on Syariah matters:-

“Narrated Um Salama: The Prophet heard the voices of some people quarreling near his gate, so he went to them and said, "I am only a human being and litigants with cases of disputes come to me, and maybe one of them presents his case eloquently in a more convincing and impressive way than the other, and I give my verdict in his favor thinking he is truthful. So if I give a Muslim's right to another (by mistake), then that (property) is a piece of Fire, which is up to him to take it or leave it." (See Hadith No. 281 ) - Sahih Bukhari Volume 9, Book 89, Number 295

Myth #2 – Judges are accorded complete immunity for their wrongdoings in Islam

Wrong! No one is above God’s law and no one is accorded immunity for their wrongdoing. Everyone has to atone for their own sins in Islam. Qadi, Imams, Judges or Islamic Scholars and rulers had a higher degree of responsibility than the ordinary man in the street.

Narrated Ma'qil: I heard the Prophet saying, "Any man whom Allah has given the authority of ruling some people and he does not look after them in an honest manner, will never feel even the smell of Paradise" - Sahih Bukhari Volume 9, Book 89, Number 264:

Abu Hurairah (May Allah be pleased with him) said: I heard the Messenger of Allah (PBUH) saying, "The first to be judged on the Day of Resurrection will be a man who had died as a martyr. He will be brought forward. Allah will remind him of the favours He had bestowed upon him and the man will acknowledge them. Then He will ask him: `What did you do to express gratitude for it?' The man will reply: `I fought for Your Cause till I was martyred.' Allah will say: `You have lied. You fought so that people might call you courageous; and they have done so.' Command will then be issued about him and he will be dragged on his face and thrown into Hell. Next a man who had acquired and imparted knowledge and read the Qur'an will be brought forward, Allah will remind him of the favours He had bestowed upon him and the man will acknowledge them. Then He will ask him: `What did you do to express gratitude for it?' The man will reply: `I acquired knowledge and taught it, and read the Qur'an for Your sake.' Allah will say to him: `You have lied. You acquired knowledge so that people might call you a learned (man), and you read the Qur'an so that they might call you a reciter, and they have done so.' Command will then be issued about him, and he will be dragged on his face and thrown into Hell. Next a man whom Allah had made affluent and to whom Allah had given plenty of wealth, will be brought forward, Allah will remind him of the favours He had bestowed upon him and the man will acknowledge them. He will ask him: `What did you do to express gratitude for it?' The man will reply: `I did not neglect any of the ways You liked wealth to be spend liberally for Your sake'. Allah will say to him: `You have lied. You did it so that people might call you generous, and they have done so.' Command will then be issued about him and he will be dragged on his face and thrown into Hell'' - [Muslim].

Myth #3 – Judges are allowed to be arrogant and display temper or anger whilst sitting on the bench.

This is one of the most common complaints. Judges hearing cases have been reported and seen to be harsh and rude to litigants as well as their counsels. Some had even displayed temper and anger. Some of the litigants feel dejected because instead of settling their disputes or woes, the judges inflict further verbal abuse upon an already troubled soul.

In olden time, judges or ‘Qadi’, as they used to be called, were looked upon as the primary source law. They were respected for their piety and knowledge and people turned to them because they are the most qualified person to settle any dispute in Syariah.

Now, it seems, the scenario has changed. Judges, in my opinion, must reflect true example of a Muslim leader.

Narrated Anas bin Malik: The Prophet said, "Facilitate things to people (concerning religious matters), and do not make it hard for them and give them good tidings and do not make them run away (from Islam)" - Bukhari vol.1book3, no.69

Narrated 'Abdur Rahman bin Abi Bakra: Abu Bakra wrote to his son who was in Sijistan: 'Do not judge between two persons when you are angry, for I heard the Prophet saying, "A judge should not judge between two persons while he is in an angry mood" - Sahih Bukhari Volume 9, Book 89, Number 272:
Narrated Masruq: Abdullah bin 'Amr mentioned Allah's Apostle saying that he was neither a Fahish nor a Mutafahish. Abdullah bin 'Amr added, Allah's Apostle said, 'The best among you are those who have the best manners and character' - Sahih Bukhari Volume 8, Book 73, Number 56:
It is narrated on the authority of 'Abdullah b. Mas'ud that the Messenger of Allah (may peace be upon him) observed: None shall enter the Fire (of Hell) who has in his heart the weight of a mustard seed of Iman and none shall enter Paradise who has in his heart the weight of a mustard seed of pride - Sahih Muslim Book 1, Number 0165:

As much as we refused to admit it, we are at fault for the decay in our ummah. We are at fault as to why people are losing faith in the Syariah system. We are at fault as to why the Muslims choose to adopt a civil proceeding rather than a Syariah, How are we at fault?  We have failed to listen to constructive criticism, we have failed to follow sunnah, we have failed to correct blatant mistakes, we failed to quash our pride, we failed to control our anger, we are guilty of closing both our eyes to the wrongdoings and on top of all, we have failed to dispense justice……. May God have mercy on our soul !
*Note: writer wants to be known as Salahaddin. This is a second part after the first; “Thou shall judge...
Copyright © 2011 Kritisonline. All Rights Reserved.

Archie #46

Thou shall judge... PDF Print E-mail
User Rating: / 5
Written by Salahaddin   
Wednesday, 21 December 2011 18:21

God doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For God is He Who heareth and seeth all things” - (An-Nisa 4:58)

We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what God hath revealed, they are (No better than) wrong-doers - (Al-Maidah 5:45)

“And this (He commands): Judge thou between them by what God hath , and follow not their vain desires,” - (Al-Maidah 5:49)

The position of a judge is a noble position in Islam but with it comes tremendous responsibilitiesand obligations. The power and authority that comes with the territory is not one to be boasted or to be proud about but one task that must be taken seriously.

To me, being a judge in Islam is not like any other job. It is not even a career but an entrusted task that must be performed in line with Syariah principles and manner.

For those who are able to do it properly, Allah decrees a reward even though one has erred.

“The Messenger of Allah (peace and blessings of Allah be upon him) said: “If the judge rules and strives his utmost to work it out and gets it right, he will have two rewards, and if he rules and strives his utmost to work it out and gets it wrong, he will have one reward.”

Those who take these responsibilities lightly shall receive punishment from God.

There are three types of judges:

“Narrated Buraydah ibn al-Hasib: The Prophet (peace_be_upon_him) said: Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell. “

A judge must treat parties appearing before him with dignity, restraint and politeness. A judge should never be rude to any person or persons appearing before him but should instead show compassion and courtesy. I believe Islam is a gentle religion hence our beloved Prophet (s) was one of the gentlest man alived.

As an upholder and champion of the Hadith, a judge should also follow the demeanor of our beloved Prophet (s). Prophet Muhammad (s) showed kindness, compassion, fairness, courtesy and gentleness in settling dispute between parties.

Unfortunately, some judges forget to emulate our Prophet’s(s) gentle attitude. Some have known to be extremely rude and arrogant to both parties and their legal representative whilst sitting on the bench in open court. Some even go to the extent of belittling the legal counsel in front of their client and passing remarks which are derogatory and degrading. Such behavior is totally uncalled for. For the legal counsel, they are put in an unfair position as they are not able to defend themselves or to answer back for fear of being cited for contempt of court. When a judge put any parties in an unfair position, then the judge is an unfair judge.

As human, people tend to make mistakes. If the judge feels that the mistake is to be corrected immediately, then I feel that it should be done discreetly in the private chamber. If it must be done in open court, then it must still be done politely and without intention to shame the wrongdoer.. Under no circumstances should rudeness be invoked. Humiliating a person in public is not an Islamic trait.

A judge should also never hear matters in anger. Anger is tool of satan which can cloud the fair judgment of a sane person.

“AbuWa'il al-Qass said: We entered upon Urwah ibn Muhammad ibn as-Sa'di. A man spoke to him and made him angry. So he stood and performed ablution; he then returned and performed ablution, and said: My father told me on the authority of my grandfather Atiyyah who reported the Apostle of Allah (peace be upon him) as saying: Anger comes from the devil, the devil was created of fire, and fire is extinguished only with water; so when one of you becomes angry, he should perform ablution” - Hadith Sunan of Abu Dawood, Narrated Atiyyah as-Sa'di, r.a.

I might be wrong but as far as I know, if a person, regardless of position, have offended another person, then he must seek for forgiveness.

Narrated AbuSirmah: “The Prophet (peace_be_upon_him) said: If anyone harms (others), Allah will harm him, and if anyone shows hostility to others, Allah will show hostility to him”.

“And those who annoy believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin” - (Surah Al-Ahzab 33:58)

If the judge had offended the parties or even their legal counsel unfairly or unjustly, and if the people whom he has offended have not forgiven him; in the Hereafter, they will plead their case before the Al Mighty and the position will be turned. He may be a judge with power and authority on earth but he cannot escape liability and the consequences for his actions in the Hereafter.

Some scholar or olden time have shied away and resist the appointment as judges because they fear that they may not be able to fulfill their responsibilities. If a person seeks the appointment of power, then the person must be fully qualified to fulfill the obligation, not just in terms of knowledge but also in terms of attitude and behavior.

“Narrated AbuHurayrah: The Prophet (peace_be_upon_him) said: If anyone seeks the office of judge among Muslims till he gets it and his justice prevails over his tyranny, he will go to Paradise; but the man whose tyranny prevails over his justice will go to Hell. “

It is a sad state in our Syariah courts now. In my years of experience, I have come across several civil court judges who depict the true character of a just judge. They deal with parties fairly and with great respect and courtesy and they deliver their decision fairly. I wish I could say the same about our Syariah Courts. May be it was just my luck that I have not had similar experience in the Syariah Courts. The one that I have encountered were either too stern and arrogant or some were just plain rude. As a Muslim, I dislike hearing negative comments about Islam and our Syariah system but when face with these types of situation, I find myself not being able to defend the courts.

I feel the time had come for us evaluate and assess ourselves and our follies before we become the talk of the circus, after all, action speaks louder than words…
*Note: the writer wants to be known as 'Salahaddin'
Copyright © 2011 Kritisonline. All Rights Reserved.