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RPK's habeas corpus & Home Minister's power over Islam PDF Print
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Thursday, 23 October 2008 09:59

A big question for Malaysia's Home Minister and Islamic affairs.

If blogger Raja Petra Raja Kamarudin had insulted Islam -- and Islam is the jurisdiction of religious authorities of state governments except the Federal Territories -- then, has the Home Minister the power to order for his two-year detention under the Internal Security Act (ISA)?

If RPK, a resident in Selangor, had indeed insulted Islam, shouldn't he be dealt with by the Selangor religious authorities?

That was the question posed to the Shah Alam High Court when the application for a writ of habeas corpus seeking RPK's release was heard yesterday. Justice Syed Ahmad Helmy Syed Ahmad set Nov 7 for the decision.

The Home Minister was named as the sole respondent.

Specifically, RPK's lead counsel Malik Imtiaz Sarwar questioned whether the Home Minister, Syed Hamid Albar, could order for Raja Petra’s two-year detention under the ISA.

As RPK resided in Selangor, argued Malik Imtiaz, it was clear that the Federal Government had no authority over the matter. Quote:

On this ground alone the detention ought to be declared unlawful. Issues pertaining to matters of Islam are within the purview of the state governments, save for the Federal Territories.”

Whether Raja Petra insulted Islam is a matter within the exclusive domain of the Selangor religious authorities.”

READ MORE HERE: http://www.jeffooi.com/

Comments (18)Add Comment
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written by BORN FREE, October 23, 2008 10:08:04
Right on, RPK's councel !
Do I see a light at the end of the tunnel ??
Oh Allah, please do answer our prayers !
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written by biggun129, October 23, 2008 10:08:24
It is unlawful detention under ISA!!! Home Minister Syed Hamid should admit it!!He knew ISA better than any citizeng of this country, release the innocent guy 'RPK',let him go, RPK had done nothing wrong, Syed Hamid, you are not fair!!!
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written by CPY, October 23, 2008 10:10:07
They made a mistake! JAIS should catch them, but Selangor state under PR! HAHAHAHAHA! smilies/grin.gif
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written by mountain man, October 23, 2008 10:11:45
In short UMNO morons are a gang of lawless racists.
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written by DreamLady, October 23, 2008 10:17:42
Thank you very much, Malik Imtiaz Sarwar, you are awesome, you did a wonderful job..

Thank you too, for creating hope in every supporter of RAJS PETRA!!
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written by zarin, October 23, 2008 10:22:45
Please please Allah, help us to release our beloved RPK
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written by Alice, October 23, 2008 10:36:05
Bravo Malik Imtiaz. Put Syed Hamid Albar behind bars for misusing the law!!!!
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written by Rainbowseahorse, October 23, 2008 11:34:23
In UMNO land, do you really think it makes any difference whether the Home Ministry is right or wrong? As long as it serves UMNO’s agenda, that becomes the relevant law. Nobody gives a shit to the law. As far as UMNO is concern, the laws are there for their own use, and to be manipulated as required!

Only chance for our bro Pete’s release from ISA is a new government…and we will NOT get that under Najib!
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written by carribeanking7, October 23, 2008 11:36:13
2 respected islamic figures namely the Perlis mufti and Tok Guru Nik Aziz in letters tendered to the court
told that RPK was merely discharging his muslim duty of amar maaruf nahi mungkar .

Learned counsel Malik Imtiaz has presented a compelling argument for the court to consider.
The Selangor religious authorities have influence over the matter but the final authority is The National Fatwa Council,

they have shown their independence recently(after Permatang pauh elections)
when they came out and declared that saiful Bukhari's swearing on the quran
was wrong under the circumstances.
The issue died down after that declaration.

What is needed now is for the national fatwa council to reaafirm the stand taken by the Perlis Mufti and the Musyidul am of PAS Tok Guru Nik Aziz.

This will alienate the home ministers locus standi on the detention.

Vijay Kumar Murugavell
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written by ROBERTNGTG, October 23, 2008 12:02:18
Specifically, RPK's lead counsel Malik Imtiaz Sarwar questioned whether the Home Minister, Syed Hamid Albar, could order for Raja Petra’s two-year detention under the ISA

SYED HAMID WILL NOW HV TO WEAR THE WHITE ROBES TO CONVINCE EVERYONE HE IS ALSO
AN AUTHORITY ON ISLAM WHEN HE HAD RPK UNDER ISA ARREST. HE HD SOMEHOW EXPECTED THE WHOLE NATION TO ACCEPT WHATEVER REASONING THAT COMES OUT OF HIS SWEET SMELLING MOUTH IN THE EXECUTION OF HIS DUTIES RIGHTLY OR WRONGLY.
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written by cheekhiaw, October 23, 2008 12:20:49
Having an idiotic muslim thief and liar as home minister is enough insult to Islam but nothing happens to him...

xxx
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written by eskay, October 23, 2008 12:39:37
If all the TRUE MUSLIMS who flw Prophet Muhamed's teaching, who denouce corruption,injustice,abuse of power & who are non racist would have read RPK's articles on ISLAM, & found out he's detained under ISA for insulting ISLAM, I bet the TRUE MUSLIM READERS will wonder what ISLAM means to those who put him in jail. I bet those who put him in jail & our country will become the greatest laughing stock in the eyes of TRUE MUSLIMS. Using this as an excuses to put RPK in jail is just too low, too obvious & sorry to say, a brainless excuse.

It's not only bad for the reputation of the people who gave the order, bad for UMNO's reputation,sadly to say, it's extremely bad for our country's reputation. Imagine these are supposely the intelligent people who are running the government office, if their standard is such, what could you expect fr the ordinary people ? So for those who disagree but choose to remain silent, you silence is giving your approval to these people to take over your future in whatever way they like. Pls think about it, and TAKE ACTION !!!!!
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written by unomalaysia, October 23, 2008 13:32:34
And the first thing RPK should do when he comes out from Kamunting is to sue Syed Botak (in his personal capacity, not as Home minister) for RM100 million for abusing his power, acting in bad faith, making a mockery of and bringing disrepute to Malaysia, lying to the rakyat, lying in Parliment, making moronic public statements, using the PDRM as his private thugs and causing them big time damage in reputation (not that it's clean in the first place), etc, etc, list too long...
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written by Tompios, October 23, 2008 17:13:50
Those who are having clear mind will notice that what RPK is talking about is not insulting Islam and the Prophet. He is trying to tell those Islam in name to see the hidayah and fikayah of Prophet's teachings.

UMNO people and those Islam in name cannot reach the messages that RPK wants to tell them. Why? Because they in blur mind! Cannot think and buly minded.
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written by Anti Relon, October 23, 2008 17:47:05
From BBC News 23 October 2008

Malaysia blocks Iran Nobel winner
A Malaysian university has cancelled a scheduled speech by the Iranian Nobel Peace Prize laureate Shirin Ebadi.

Ms Ebadi, an outspoken human rights lawyer, had been due to speak at the University of Malaya early in November.

Foreign ministry officials admitted that they had advised the university to withdraw Ms Ebadi's invitation.

Ms Ebadi, who won the peace prize in 2003, has often found herself at odds with the Iranian government over her human rights work.

'Big implications'

Ms Ebadi had been due to deliver the speech entitled Islam and Cultural Diversity on 3 November.

But an official told the Associated Press news agency that the foreign ministry had sent a letter "strongly advising" the organisers not to go ahead with the speech.

"We were told there would be big implications for bilateral relations," the unnamed official said, adding that Iranian diplomats were "pushing for Malaysia to call it off".

The university's vice-chancellor, Rafiah Salim, told the French news agency AFP that the decision was made "out of respect for our Iranian students, who were not very happy".

The speech was supposed to begin a series of talks in Malaysia and Thailand over the next few months.

Other speakers include fellow Nobel laureate President Jose-Ramos Horta of East Timor and American activist Jesse Jackson.

In her capacity as a lawyer, Ms Ebadi has defended many people accused of political and security crimes in Iran, and campaigned for greater rights for women and children.

She has faced numerous death threats and hostility in the Iranian media, and the government banned her Centre for Protecting Human Rights in 2006.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/world/asia-pacific/7685026.stm

Published: 2008/10/22 16:32:38 GMT

© BBC MMVIII
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written by Sudahlah tu, October 23, 2008 21:08:38
umno yang berkuasa di Malaysia ....
tuan punya tanah tu 'cuma' ikut aje ...dah sign kontrak tu.
segalanya umno yang menentukan ..hinggakan maruah dan kebanggaan kepolisan dijadikan anjing jaga pintu , hakim makan rasuah..... menteri makan duit ..
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written by Azril Way, October 24, 2008 21:45:15
Allah maha besar, maha berkuasa. Insyaallah, RPK akan bebas. Sabar itu separuh pada iman. Amin.
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written by rpremkumar2u, October 25, 2008 06:36:19
Syed Hamid is really in need for a reality check. he ought to seek some help to awaken from his slumber.
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