FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:


Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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14 November 2010

Beginda Murtad: JAIS Minta Bantuan JAKIM


Beginda Murtad: JAIS Minta Bantuan Jakim
KUCHING 13 Nov. - Sarawak akan mendapatkan bantuan daripada Jabatan Kemajuan Islam Malaysia (Jakim) untuk menyiasat dan mengesahkan sama ada pemimpin Parti Keadilan Rakyat (PKR), Beginda Minda sebelum ini merupakan seorang Islam atau sebaliknya.

Menteri Muda di Pejabat Ketua Menteri (Hal Ehwal Islam), Datuk Daud Abdul Rahman berkata, Jabatan Agama Islam Sarawak (JAIS) tidak mempunyai rekod yang mengatakan Beginda atau nama Islamnya, Nor Azman Abdullah telah memeluk Islam. Jelasnya, Beginda juga tidak pernah mengaku kepada jabatan tersebut dia seorang Islam atau tidak pernah keluar daripada Islam walaupun namanya menunjukkan dia seorang Islam.

''Kita akan menyiasat perkara ini dan kerajaan negeri akan meminta bantuan Jakim yang akan bekerjasama dengan jabatan agama Islam lain di negara ini untuk membantu sama ada Beginda pernah mempunyai rekod sebagai seorang Muslim atau tidak. ''Sebaik sahaja kita mendapat laporan itu, kita akan membuat susulan mengenai perkara tersebut," katanya kepada pemberita di sini hari ini.


22 October 2010

Top Canadian Commander to Admit Murders and Sex

Comment:

Wonder why sometimes soldiers from U.S., Australia, Canada, France, Italy, to name a few, when they were sent overseas to countries such as, Afghanistan and Iraq, to fight a war and rid of terrorists, and they were mostly not successful… The reasons are pretty simple, its attitude problem, its moral problem, its vision and mission problem… They mostly don’t have these ‘attitude and moral’ virtues, to fight such a war, so its not strange if you heard them swearing, and cursing, and trashing civilians, and do some wired stuff.

I don’t know if they have learnt anything from the wars in Vietnam, Cambodian, and such.
In the case below, the Colonel (and I belived his is not the only case). Clearly show a man with very low moral, arrogant, power-hunger, and sex-maniac, but was promoted to a very high rank... congratulation!

In Islam, promotion is grant based not only on skills and experiences, but also 'good moral and attitude.' .... And in Islam, Muslim usually married the girl or girlS they like, and not indulge in 'out of sex' affairs and other sexual manic activities.

http://au.news.yahoo.com/a/-/mp/8093143/top-canadian-commander-to-admit-murders/ (9th October 2010)

Top Canadian commander to admit murders
Charmaine Noronha and Rob Gillies, AAP October 8, 2010, 2:19 am

The lawyer for a military commander who flew Queen Elizabeth II and other dignitaries around Canada says his client will plead guilty to murder, sexual assaults and dozens of breaking and entering charges. Colonel Russell Williams was the commander of Canada's largest air force base until he was charged earlier this year with the murder of two women, the sexual assault of two others and 82 break-ins, during which he stole women's panties.

Michael Edelson, Williams' lawyer, told a judge on Thursday Williams intends to plead guilty to all the charges at his next court appearance on October 18. The case shocked the country, hurt soldiers' morale and prompted fears that the commander of Canada's most high-profile military base and the man who once flew the country's prime ministers could have been a serial killer.

In 2005, Williams was pictured with the Queen and Prince Philip on the front page of the newspaper of Canadian Forces Base Trenton after he had served as their pilot during a visit. Williams waived his right to a preliminary hearing in August and was ordered to stand trial and return to court on Thursday.

The 47-year-old is charged with the first-degree murder of Jessica Lloyd, 27, whose body was found in February, and Marie Comeau, a 38-year-old corporal under his command who was found dead in her home in November last year. Both women were asphyxiated. He is also charged with forcible confinement, breaking and entering and sexual assault after two other women were attacked during separate home invasions in the Tweed, Ontario area in September 2009.

Williams is also charged with breaking into 47 homes 82 times, beginning in 2007, including one home nine times. Most homes were burglarised repeatedly on the same street. Most of the homes Williams was accused of breaking into were in Ottawa, where Williams has a house with his wife, and in the Tweed, Ontario, area, where Williams lived while he worked at Canadian Forces Base Trenton in Trenton, Ontario. "He's just a very twisted individual; there's no two ways about it," said retired lieutenant-general Angus Watt, who once promoted Williams.

"He was able to lead an elaborate double life and was able to keep it successfully concealed. This was the act of a depraved individual and really has no reflection on the men and women of the Canadian Forces." Angela McCanny, whose Ottawa home was broken into on consecutive days in 2008, said all the women's underwear in the house were stolen.

Anne Marsan-Cook, whose Belleville home was broken into on consecutive days in 2009, said her sex toys and all her underwear were taken. She also said a chilling message was left on her computer: "Go ahead, call the police. I want to tell the judge about your really big dildos."

"I was one of the lucky ones," Marsan-Cook said on Wednesday. The Ottawa Citizen cited police sources as saying police seized 500 women's undergarments from Williams' Ottawa home. Court documents allege Williams broke into Comeau's home days before he killed her. Another alleges Williams twice returned to the home of one of his victims to steal items after he sexually assaulted her.


http://au.news.yahoo.com/world/a/-/world/8178159/canadian-colonel-gets-life-for-murders/ (22nd October 2010)
Canadian colonel gets life for murders
AAP October 22, 2010, 3:06 am

A Canadian court on Thursday sentenced Colonel Russell Williams to two consecutive life sentences for a spree of murders, sexual assaults and burglaries of women's homes. Ontario Superior Court Justice Robert Scott described Williams as a "sick and dangerous man".

Williams will not be eligible for parole for 25 years. Police arrested Williams in February for the disappearance and death of 27-year-old woman, last heard from the previous month. He was later charged with the November 2009 murder of a female corporal under his command at the Trenton military base, as well as in two home invasions in which women were confined and sexually assaulted, and an additional 82 counts of break-and-enter and attempted break-and-enter in Ottawa, Belleville and Tweed.

A stash of women's undergarments taken by police from Williams' Ottawa residence was linked to the burglaries near his home and job. Police also seized hundreds of photographs and videos of the sexual assaults and murders from his home computer.




14 May 2010

Banks in Malaysia

Comment:

Now this is about time, I have long wrote to the Bank Negara Malaysia, and complaint to them about the late fees charges on credit cards, and the so-called dishonor cheques fees (charges/penalties). The late fees charges is so exorbitant, which the bank can easily overcome with just a click of the mouse, yet they choose to issue penalties on its loyal customers.
Also the interest charged on credit card of 15-18 percent per annum (by Malaysian banks) are simply too high. It simply make the poor man poorer!

http://au.biz.yahoo.com/y7finance_editorial/12052010/half_million_tipped_join_class_action_on_bank_fees.html (Accessed on 13th May 2010)

Half a million tipped to join class action on bank fees
Thursday May 13, 2010, 1:00 pm

By: Lexi Metherell and Shane McLeod, ABC
Up to 500,000 people are expected to join a class action against local and foreign banks for repayment of dishonour and late fees. Official figures show the banks collected nearly $1.2 billion in such fees in the 2008 financial year. The money came from honour and dishonour fees on bank accounts, and over-limit and late fees on credit cards.

Financial Redress, a subsidiary of litigation funder IMF, is funding the litigation against 12 banks who it says have illegally charged well over $5 billion over the past six years. The case will be based on the claim that the fees are illegal because they amount to a penalty rather than a legitimate fee.

Financial Redress managing director James Middleweek says the action will try to recoup as much of that $5 billion as possible, but it depends how many people make claims. "Realistically if we got 300,000, 400,000 people to sign up over the course of the next few weeks and months we'd have a sort of 600, 700, 800 million [dollar] class action," Mr Middleweek said. Maurice Blackburn Lawyers are the solicitors running the action.

The firm's chairman Bernard Murphy says the public response has been overwhelming, with 3,000 registrations on the company's website as of last night. "We're the largest class action law firm in the country and we've never seen a response like it," he said.

Mr Murphy says the case will hinge on contract law and the fact that penalty fees are in excess of what it costs the banks to process late payments or bounced cheques. "There's a contract law provision which states that if one party breaches a contract the victim of the breach is only allowed to charge a genuine pre-estimate of the damages for that," he said.

"So the situation we have here is that a person overdraws the account in breach of the contract with the bank and the bank's entitled to charge a genuine pre-estimate of the actual cost of that.
"Now that genuine pre-estimate would be, in some cases in relation to credit cards overdrawn, several cents. In relation to cheques, maybe $2.

"They've [banks] been charging $25 to $60. So we say the charges are extravagant and exorbitant. The law says that if those charges are extravagant or exorbitant then they amount to a penalty, which is illegal. "It's a very substantial action because, for example, in 2008 alone the Reserve Bank states that these exception fees totalled $1.2 billion," he said.

"So there is an estimated claim value in the order of $5 billion."

Australian banks have anticipated the threat to their fees and last year they started winding them back. National Australia Bank was one of the first to move to scrap dishonour fees, which is estimated to have cost NAB alone about $100 million.

"We see this as a first step, a small step in rebuilding our reputation which we've called out as a strategic issue," National Australia Bank chief executive Cameron Clyne said.

"As I said today this fee generates one in two of all the complaints the bank receives so we think it's a pretty good place to start."

Consumer group Choice believes there will be strong public interest in a class action. Choice spokesman Christopher Zinn says he has joined the class action as a private individual because there is an important legal issue to be tested. "We would imagine that there is real appetite for remedy on behalf of the public," he said.

"[Over the years we've had feedback such as people] writing to the bank saying what are you doing charging us these very high fees for what are often fairly mundane breaches, [like] being a bit late paying a credit card transaction?"

The Finance Sector Union, which represents workers in the banking sector, has mixed feelings about the planned class action. The union's national secretary Leon Carter says the lawsuit will bring some welcome attention to the sector, but it is not a long-term fix.

"Our concern is that if this lawsuit is successful the banks will simply make their money up somewhere else or even worse, sack staff to recoup any costs," he said. "The only long-term solution to this problem is better regulation."

Banks have unfairly deducted exception fees for years. Join the court action to get your money back. Visit www.financialredress.com.au or call 1300 473 373.




20 April 2010

Kompaun JPJ Naik 333 Peratus

Comment:

One thing comes to my mind when the JPJ/government announced the 333 percent increases in summones, compounds, and/or fines for vehicle and/or traffic offences = This will definitely make road users more careful of their speed limits and other traffic and/or vehicle offences, but at the same time, this will also encourage 'corruptions' among JPJ enforcement officers. Why would someone wants to pay RM1000 for an offence when they can pay RM200-500 cash (of corruption money) to enforcement officers?? (JPJ officers will definitely get fatter after this! Some of course!).

At the end of the day, we need to ask the JPJ/government, what is all the fuss of the ridiculously large increase in compounds/summones? Are the people not suffering enough already due to the economic crisis, high unemployment rates, and high crime rates, among others.

http://www.kosmo.com.my/kosmo/content.asp?y=2010&dt=0420&pub=Kosmo&sec=Negara&pg=ne_01.htm (20th April 2010)

Kompaun JPJ naik 333 peratus
Oleh JUNHAIRI ALYASA
junhairi.alyasa@kosmo.com.my

KUALA LUMPUR - Para pemilik kenderaan dan pengguna jalan raya perlu lebih berhati-hati selepas ini berikutan kadar kompaun maksimum kesalahan jalan raya akan dinaikkan daripada RM300 kepada RM1,000 tidak lama lagi.

Kenaikan kira-kira 333 peratus itu berikutan pindaan ke atas Akta Pengangkutan Jalan 1987 yang akan dikuatkuasakan kelak. Peruntukan itu adalah antara 51 Fasal pindaan yang terkandung di dalam Rang Undang-Undang Pengangkutan Jalan (Pindaan) 2010 yang dibentangkan untuk bacaan kali pertama oleh Timbalan Menteri Pengangkutan, Datuk Rahim Bakri di Dewan Rakyat semalam.

Antara pindaan lain yang dicadangkan termasuk menaikkan umur kelayakan memohon lesen memandu motosikal daripada 16 tahun kepada 17 tahun. Penalti bagi kesalahan melanggar umur kelayakan itu juga dinaikkan daripada tidak melebihi RM2,000 kepada tidak kurang daripada RM1,000 dan tidak lebih daripada RM5,000.





07 April 2010

Police Chief in Hot Water over Dinner??


http://au.news.yahoo.com/a/-/latest/7030023/sack-nixon-for-bushfire-dinner-fielding/ (7th April 2010)

Police union joins Nixon criticism
AAP April 7, 2010, 12:34 pm
It's impossible for anyone to back former Victoria police chief Christine Nixon after revelations she had dinner at a pub on Black Saturday while hundreds of homes burned, the police union says.
Come on, even police officer has the right to a dinner, damn right, if the bushfire victims have their rights to a dinner, so too is the police chief! Thats what we call equal right to basic needs (e.g. a dinner)!


And victims of the nation's worst bushfire disaster now face an "unthinkable" situation having realised that Ms Nixon, who is now in charge of bushfire reconstruction, had left her post at 6pm the day of the tragedy, said Police Association secretary Greg Davies.
What 'unthinkable situation'... its all a media playdown, support by police officers that dislike her!


"This is a scandalous situation. There is no excuse for it," he told reporters on Wednesday.
Ms Nixon told the royal commission into the disaster on Tuesday that she had a meal and monitored the bushfires through the internet, television and radio on February 7, 2009.

What 'scandalous situation' ? This is a bit too much to say to someone who has a dinner after a long day at work!! (And nowadays, professionals monitor the bushfires through the Internet, television, and radio... professional also use what we call the GIS (Geographic Information System) to monitor effectively the situation and bring it under control. They don't need to be in the 'burning fields' to get the job done!!


But she expanded on those comments in the media, saying she went out to a bistro for dinner with friends that night and has since defended that decision. "I did say in the statement I gave to the (royal) commission that I had a meal and I didn't say, obviously, at the time that I had gone to a local hotel and had a meal with two friends," she told ABC Radio. "That's all it was, it was a very quick meal and I went back home again and received many calls and monitored the situation."


Ms Nixon was appointed head of bushfire reconstruction upon leaving her position as the state's police chief.


"It's unthinkable that the victims of this disaster now have to look at the very person who was supposed have their hand on the tiller but had their hand on the cutlery (and who) is now supposed to be responsible for rebuilding their lives," Mr Davies said.

Again the word 'unthinkable'... played by the media and others, bushfire victims have the right to a meal (dinner), so is the police chief ! Come on, grow up people!
He said Victorian Premier John Brumby should no longer have confidence in her abilities. "On the information that's available, it's impossible for anyone to back her," he said.

What 'abilities' issue?? You mean having dinner (because one is hungry) will have their 'abilities' and 'professionalism' in question?!


"This is not about a Christine Nixon witchhunt. This is about substance over style and there was very little substance on the day, quite clearly." Family First Senator Steve Fielding said Ms Nixon should be removed from the Bushfire Reconstruction and Recovery Authority immediately. "It's beyond belief that the state's top cop was more interested in going out to dinner with friends than steering the police force through this country's biggest natural disaster," he said in a statement.

Come on people... grow up! Get the facts right... And don't be a hypocrite !





27 March 2010

Kadar Cerai di Perlis Membimbangkan



http://www.kosmo.com.my/kosmo/content.asp?y=2010&dt=0327&pub=Kosmo&sec=Terkini&pg=bt_03.htm (27 March 2010)
Kadar cerai di Perlis membimbangkan
27/03/2010 1:30pm

KANGAR – Keruntuhan institusi keluarga di Perlis membimbangkan berikutan 502 pasangan atau kira-kira 25 peratus daripada 2,037 pasangan Islam yang mendirikan rumah tangga sepanjang tahun lepas berakhir dengan perceraian.

Pengerusi Jawatankuasa Agama Islam Perlis, Jafperi Othman berkata, bagi tempoh antara Januari sehingga pertengahan bulan ini sahaja, lebih 120 pasangan bercerai. Punca perceraian antara lain ialah disebabkan masalah nafkah dan kecurangan, katanya semasa merasmikan mesyuarat agung ke-5 Persatuan Melayu Perlis (Pemanis) di sini hari ini.

Beliau memberikan contoh kes pasangan remaja yang mendaftar sebagai peserta Program Pembangunan Rakyat Termiskin (PPRT) kerana tidak dapat menyediakan pendapatan yang mencukupi untuk menampung kehidupan selepas bergelar suami isteri.

"Mereka sepatutnya bersedia dengan sumber kewangan sebelum berkahwin bagi mengelakkan diri daripada masalah selepas perkahwinan,” katanya.

Yang Dipertua Pemanis, Datuk Mohd. Zain Hamzah pula melahirkan kebimbangan dengan peningkatan gejala sosial yang melanda golongan remaja Melayu sejak kebelakangan ini. Katanya, kebanyakan mereka alpa terhadap tanggungjawab dalam bidang pendidikan dan mempertahankan susila. – Bernama


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02 March 2010

Anak Bekas Mufti 'Tiada Tauliah' ?!

Komen:

Di mana pergi nya hadis nabi yang menyuruh kita 'sampaikan (ajaran Islam) walaupun satu ayat.'

Penceramah adalah lulusan BA dan MA dlm kes ini...dan dalam kes bekas mufti Perlis, Dr Asri pula, beliau adalah lulusan PhD, dari UIA, bukankah itu 'kelayakan' dan tauliah tertinggi??!
Susahnya lah walaupun orang nak buat baik...


URLhttp://www.utusan.com.my/utusan/info.asp?y=2010&dt=0302&pub=Utusan_Malaysia&sec=Mahkamah&pg=ma_01.htm (2nd March 2010)
Anak bekas mufti didakwa
Oleh AINOL AMRIZ ISMAIL
utusanN9@utusan.com.my
Fathul Bari Mat Jahya (kiri) ketika berada di Mahkamah Rendah Syariah Kuala Pilah, Negeri Sembilan, semalam.
________________________________________

KUALA PILAH 1 Mac – Anak bekas Mufti Perlis, Fathul Bari Mat Jahya mengaku tidak bersalah ketika didakwa dalam perbicaraan di Mahkamah Rendah Syariah di sini hari ini atas tuduhan mengajar tanpa tauliah di negeri ini.

Tiga pengikut kanannya, Abdullah Sanusi Othman, 40; Nik Amirul Faiz Nik Md. Yusof, 25; dan Khairudin Daud, 55, masing-masing turut membuat pengakuan yang sama atas kesalahan bersubahat dengan pendakwah bebas itu.


Fathul Bari, 30, didakwa mengajar tanpa tauliah di Maahad Ittiba Sunnah, Kilometer 1.5, Jalan Lama Seremban-Kuala Pilah, semalam. Dakwaan terhadapnya dikemukakan oleh Pendakwa Syarie, Mohd. Al Hafid Ismail mengikut Seksyen 53(1) Enakmen Jenayah Syariah Negeri Sembilan 1992 (Pindaan 2004).


Ketiga-tiga pengikutnya pula didakwa bersubahat dengan Fathul Bari pada tarikh dan tempat yang sama mengikut Seksyen 34 Enakmen Jenayah Syariah Negeri Sembilan 1992 (Pindaan 2004) yang dibaca bersama Seksyen 37 enakmen sama.


Bagi kesemua pertuduhan tersebut, setiap tertuduh boleh didenda RM3,000 atau penjara dua tahun. Hakim Syarie, Zainal Abidin Kusemin membenarkan Fathul Bari dibebaskan dengan jaminan RM2,200 bersama dua penjamin di kalangan penjawat awam.


Beliau juga memerintahkan ketiga-tiga pengikut penceramah itu masing-masing dibebaskan dengan jaminan RM2,000 berserta seorang penjamin di kalangan penjawat awam. Zainal menetapkan 5 April ini untuk perbicaraan kes tersebut.


Terdahulu, Fathul Bari memohon jaminan dikurangkan di antara RM50 dan RM100 dengan alasan dia masih belajar di Universiti Islam Antarabangsa Malaysia (UIAM). Fathul Bari yang beralamat di Utan Kandis, Arau, Perlis merupakan lulusan Universiti Madinah dan memperoleh Ijazah Sarjana di Jordan. Dia kini mengikuti pengajian peringkat Doktor Falsafah di UIAM.


Semalam Fathul Bari bersama tiga pengikut kanannya ditahan anggota penguat kuasa Jabatan Hal Ehwal Agama Islam Negeri Sembilan (JHEAINS) ketika sedang mengajar di hadapan hampir 50 orang awam di Maahad Ittiba Sunnah.


Kesemua mereka ditahan pada pukul 11.30 pagi sebelum dibawa ke Balai Polis Kuala Pilah untuk siasatan. Beberapa buku dan peralatan yang digunakan turut dirampas dalam serbuan itu.





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