Perutusan Sahib al Samaha Sheikh Yusuf al Qaradawi tentang Malaysia dan fitnah terhadap Anwar Ibrahim
Segala puji bagi Allah, dan selawat dan salam ke atas Rasulullah saw, keluarganya dan sahabat serta yang mengikuti petunjuk-Nya.
Malaysia mempunyai kedudukan yang tinggi di sisi kami, dan kami menaruh kasih sayang terhadapnya dengan hati yang jujur. Impian kami adalah untuk melihat Malaysia sebagai realisasi model Islam yang wasatiyyah, bertamadun, maju dan kontemporari. Semua itu tidak akan berlaku kecuali dengan perjuangan orang-orang ikhlas terdiri daripada anak-anak Malaysia, berusaha dan kerjasama berganding bahu, mereka yang amat ingin untuk menjayakan masa depan negara. Mereka saling bantu membantu sehingga berdiri tegak rakyat Malaysia seluruhnya.
Sesungguhnya Allah mengasihi orang-orang yang berperang untuk membela ugamaNya, dalam barisan yang teratur rapi, seolah-olah mereka sebuah bangunan yang tersusun kukuh (As Saff: 4)
Adalah tidak patut bagi badan kehakiman bertukar menjadi pentas kebencian dan permusuhan politik atau wasilah bagi menjerat pihak lawan di dalam cengkaman kes-kes. Perkara demikian kebanyakannya bertujuan untuk mencalar peribadi melebihi tujuan mencari kebenaran.
Sesungguhnya kami percaya bahawa kemajuan Malaysia, kebangkitan dan kekuatannya terpancar daripada ketinggian nilai-nilai kebebasan dan demokrasi, dan pengukuhan prinsip-prinsip kepelbagaian pemikiran serta persaingan yang mulia demi berkhidmat untuk negara yang berdaulat ini.
Anwar Ibrahim terdiri daripada pemimpin ternama dengan sejarah dan pengalamannya serta perjuangannya, dan kesabaran serta ketabahannya sejak zaman usia muda sehingga ke hari ini. Anwar sewajarnya dilayani dengan jasa perjuangannya dan kerja gigihnya, bukannya menuduhnya dengan tuduhan-tuduhan batil yang tanpa asas.
Mahkamah sebelum ini telah membebaskannya daripada tuduhan itu. Tetapi jelas bahawa terdapat pihak yang yang merekayasa komplot dan tidak mempedulikan kebaikan negara dan masa depan rakyatnya.
Kami beriman dengan apa yang difirmankan Allah swt tentang peristiwa Hadithat al Ifk:-
Sepatutnya semasa kamu mendengar tuduhan itu, orang- orang yang beriman – lelaki dan perempuan, menaruh baik sangka kepada diri (orang-orang) mereka sendiri, dan berkata: “Ini ialah tuduhan dusta yang nyata”.
Sepatutnya mereka (yang menuduh) membawa empat orang saksi membuktikan tuduhan itu. Oleh kerana mereka tidak mendatangkan empat orang saksi, maka mereka itu pada sisi hukum Allah, adalah orang-orang yang dusta.
(Surah An Nur 12-13)
Aku menyeru kepada saudara-saudaraku rakyat Malaysia supaya bekerjasama dan saling bantu-membantu. Aku berharap saudara-saudara di Malaysia menjauhkan diri daripada konflik-konflik yang tidak ada faedah di sebaliknya, malah ianya memudaratkan, tidak memberi manfaat, menghancurkan, tidak membina, merosakkan dan tidak mendatangkan kebaikan.
Segala puji bagi Allah, Tuhan sekalian alam.
Presiden Kesatuan Antarabangsa Ulama Islam
26 Oktober 2014
2 Muharram 1436
Universiti Malaya Academic Staff Association (PKAUM) views with great concern the recent developments surrounding Persatuan Mahasiswa Universiti Malaya’s (PMUM) event of October 27, “40 tahun dari UM ke penjara”, featuring UM alumnus Datuk Seri Anwar Ibrahim.
PKAUM affirms that Universiti Malaya, our place of work, learning, research and intellectual exchange, and a public university of a country aspiring for democratic maturity, must safeguard academic freedom and freedom of speech.
We urge Universiti Malaya to provide a safe environment for tonight’s “40 tahun dari UM ke penjara”, as UM has done for recent peaceful public assemblies by students as well as staff.
Universities must be safe havens for our youth to explore ideas and ideals, and to express their thoughts and sentiments. The only prohibitions should be on hate speech, defamation, violence, and other legal infringements, for which general laws are adequate.
Anwar is, of course, the leader of the federal opposition and his speech will assuredly touch on social and political matters. But how is this so bad for the university?
UM’s administration claims – before the event – that it will tarnish the image of the university. As thinking members of UM’s academic body, we do not see any basis for this fear.
PKAUM rejects the unwarranted labelling of this event as “illegal” and disapproves the threat of expulsion and penalties against PMUM president Fahmi Zainol.
Let us be mature, and let us nurture the maturity of our students, by encouraging diversity of ideas and opinions, instead of constricting exposure.
If anything critical is said of the university or the Malaysian government, the response should be to safeguard the same space to other parties. In fact, we are glad that two Umno political figures, Pulai MP Datuk Nur Jazlan Mohamed and Global Movement of Moderates CEO Datuk Saifuddin Abdullah, participated in a student event on UM campus a few weeks ago.
The UM administration’s antagonistic stance toward PMUM’s October 27 gathering is inconsistent with aspirations to be an internationally recognised and top ranked institution.
We ought to emulate various leading global universities in Westminster parliamentary democracies, which open their doors to prominent persons and thought leaders – who are accountable to students and the academic community. In recent months, UK opposition leader Ed Milliband and Australian opposition leader Bill Shorten, respectively, visited Cambridge University (QS ranked #2) and the University of Melbourne (QS #33), without disapproval and obstruction by the universities’ high offices.
Let us stop pretending that we can be a top university without guaranteeing and protecting academic freedom and freedom of speech.
Azmi Sharom is president of PKAUM
Paris, Kuala Lumpur, 27 October 2014
Malaysia’s Federal Court must keep politics out of the courtroom and put an end to more than 15 years of judicial persecution of opposition leader Anwar Ibrahim, FIDH and its member organization Suara Rakyat Malaysia (SUARAM) said today.
On 28-29 October, the Federal Court in Putrajaya will hear Anwar’s appeal against a decision by the Court of Appeals which convicted him on charges of sodomy. The Federal Court will also hear an appeal filed by the prosecution to seek a jail sentence harsher than the Court of Appeals’ sentence of five years. Under Article 377 of the Criminal Code, a conviction for sodomy carries a penalty of up to 20 years of imprisonment.
“The Federal Court’s judgment is a decisive test for Malaysia’s judiciary. Politics must be kept out of the courtroom if Malaysia wants to help restore the battered reputation of its justice system,” said FIDH President Karim Lahidji. “It’s imperative that Malaysia respects international standards for fair trials, including the right to be heard by a competent, independent, and impartial tribunal.”
On 7 March 2014, the Court of Appeals overturned the High Court’s acquittal of Anwar of charges of sodomy and sentenced him to five years in prison. Anwar was released on 10,000 Ringgit (2,200 Euros) bail pending the outcome of his Federal Court appeal.
Anwar was brought to trial on charges of sodomizing his former aide Saiful Bukhari Azlan on 26 June 2008 in Kuala Lumpur. On 9 January 2012, the Kuala Lumpur High Court found Anwar not guilty based on tainted DNA evidence presented by the prosecution. However, the Court of Appeals ruled that the trial judge erred in finding that DNA samples had been compromised because of a break in the chain of custody.
In an indication of political involvement in the judiciary, the Court of Appeals’ trial was conducted in an unusually hasty manner and the sentencing process was expedited. As a result, Anwar was prevented from running in the by-election for the Selangor State Assembly seat of Kajang. The Kajang by-election, held on 23 March, could have paved the way for Anwar to become Chief Minister of Selangor State, Malaysia’s richest and most populous state.
In a prelude to the 28-29 October hearing, on 14 October, the Federal Court rejected Anwar Ibrahim’s motion that sought to disqualify Muhammad Shafee Abdullah from the prosecution team. The court ruled that Shafee, a lawyer associated with the ruling party United Malays National Organization (UMNO), was a “fit and proper person” to lead the prosecution. Anwar’s defense team had unsuccessfully attempted to disqualify Shafee on two previous occasions.
Anwar’s unsuccessful challenge to Shafee’s presence on the prosecution team followed another disturbing development related to the forthcoming trial. On 19 August, one of Anwar’s lawyers, N. Surendran, was charged with sedition for criticizing the Court of Appeals’ 7 March ruling as “flawed, defensive, and insupportable.”
“Developments leading up to the Federal Court’s hearing do not bode well for the fairness of the proceedings. It’s time for Malaysia’s judiciary to end the political abuse of justice and the flawed prosecution of Anwar Ibrahim,” said SUARAM Executive Director Yap Swee Seng.
The trial of Anwar Ibrahim takes place amid an ongoing crackdown on opposition politicians and government critics. Since May 2013, about 50 people, including MPs, activists, and lawyers have been either charged or investigated under the 1948 Sedition Law. Anwar himself was questioned by police on 26 September 2014 as part of a sedition investigation stemming from a speech he made during a political rally in Gombak, Selangor State, on 25 March 2011. In September, two activists were sentenced to prison terms on sedition charges.
In coordination with FIDH, Mr. Danthong Breen, Senior Advisor to the Union for Civil Liberty (UCL), FIDH member organization in Thailand, will attend the 28-29 October hearing at the Federal Court as an independent observer. Mr. Breen observed the previous appeal hearings on February 12 and March 6-7.
26th October 2014
I deplore the latest acts of intimidation by Universiti Malaya against Fahmi Zainol, the democratically elected president of the UM Student Council, which is the highest student body in the university. In issuing the show-cause letter to Fahmi as well as banning me from attending the Monday event (titled ‘Anwar Ibrahim: 40 years from UM to jail’), the university’s deputy vice-chancellor Rohana Yusof is showing utter contempt to the rights and dignity of not just Fahmi but the thousands of students themselves.
Universiti Malaya must support academic freedom and the deputy VC must stop talking like an UMNO branch leader and start showing some intellectual backbone. To suggest that the event would ‘damage the image’ of the university defies logic. On the contrary, such an event would help to enhance its image as an institution that fosters vibrant discourse on socio-economic and political developments. Awareness of such developments is a crucial aspect of the academic and intellectual development of students particularly in institutions of higher learning. You cannot sweep under the carpet issues such as the rising cost of living, social injustice and the use of the Sedition Act as a tool of political repression and the economically oppressive National Higher Education Fund (PTPTN).
Rather than trampling on the fundamental rights of the students in exercising their freedom of association and expression, the university authorities should instead focus its attention on how best to improve the university’s international ranking. While I applaud the courageous stance of Fahmi in braving the threats of expulsion and criminal prosecution, I remind the powers that be that they cannot expect to remain in power indefinitely. They must stop the current campaign of marginalising and intimidating student leaders, academicians, professors and lecturers who dare to question the establishment.
Opposition Leader, Malaysian Parliament
Tatkala menghimbau peristiwa Hijrah, kita sewajarnya menginsafi iltizam dan tekad Rasulullah SAW yang tetap istiqamah dalam memacu dakwah dan proses perubahan ummah. Meski pun dihadapkan dengan pelbagai rintangan dan mehnah, namun umat Islam di bawah kepimpinan Rasulullah SAW tetap teguh berpegang kepada prinsip dan keimanan kepada Allah SWT.
Peristiwa Hijrah sememangnya telah membuka dimensi baru dalam sejarah ketamadunan Islam. Sentimen dan faham perkauman berteras semangat kabilah dan suku yang menebal di kalangan masyarakat Arab ketika itu telah berjaya dirobek dan dipecahkan.
Kezaliman yang terus mencengkam dari pihak musyrikin Makkah terhadap umat Islam dari Makkah memaksa penghijrahan ke Madinah. Perpindahan umat Islam dari Makkah ke Madinah menyaksikan bermulanya era baru dalam perkembangan dakwah Islam. Penyatuan kaum Ansar dan Muhajirin merupakan titik tolak kepada pembinaan sebuah masyarakat madani dan pemerintahan negara yang berteraskan prinsip al-adli wal ihsan.
Justeru penghayatan Hijrah seharusnya disemai menerusi pemahaman terhadap falsafah pembaharuan yang digagaskan oleh baginda Rasulullah SAW. Lompang besar dalam persoalan tatakelola yang mengabaikan prinsip kebertanggungjawaban dan ketelusan sewajarnya diatasi dan diperbaiki. Pada masa yang sama menolak kezaliman dan penyeksaan terhadap ummat Islam. Sejajar dengan firman Allah swt yang menyeru kepada keadilan dan menolak kezaliman:
“Wahai orang-orang yang beriman, hendaklah kamu semua sentiasa menjadi orang-orang yang menegakkan keadilan kerana Allah lagi menerangkan kebenaran dan jangan sekali-kali kebencian kamu terhadap sesuatu kaum itu mendorong kamu kepada tidak melakukan keadilan. Hendaklah kamu berlaku adil (kepada sesiapa jua) kerana sikap adil itu lebih hampir kepada taqwa. Dan bertaqwalah kepada Allah, sesungguhnya Allah Maha Mengetahui dengan mendalam akan apa yang kamu lakukan.”
(Surah Al-Maidah: Ayat 5)
Saya mengucapkan Salam Ma’al Hijrah 1436 kepada seluruh umat Islam di Malaysia. Semoga Allah SWT terus melimpahkan rahmat dan hidayah untuk kita semua serta memberikan kita kekuatan untuk meneruskan perjuangan membawa perubahan di negara Malaysia yang tercinta ini.
The 67-year-old’s conviction has been slammed by human rights groups as “politically motivated”
On Tuesday, Malaysia’s Federal Court will hear Anwar’s appeal of his March conviction for engaging in homosexual acts, charges both Human Rights Watch and Amnesty International say amount to “politically motivated persecution.”
Speaking to TIME on Friday, Anwar said his chances “didn’t look good.”
“Most of Malaysia does not believe that I will get a fair trial or a decision based on the facts of the law,” he said. “But I want to show young people that [my conviction] is a small price to pay in the struggle for freedom and justice.”
Anwar was originally arrested on July 16, 2008, after a former male aide alleged the pair had engaged in consensual sexual relations — criminalized under Malaysia’s colonial-era “sodomy law.” The High Court then acquitted Anwar on Jan. 9, 2012, ruling that DNA samples vital to the prosecution case could have been contaminated.
On March 7, 2014, the Court of Appeal overturned the acquittal and sentenced Anwar to five years imprisonment. The hearing was originally scheduled for April but was curiously moved forward a month. This meant Anwar was disqualified from running in the Kajang district state assembly election on March 23.
Phil Robertson, Asia director of Human Rights Watch, has urged the Malaysian authorities to drop the case or risk making a “travesty of the country’s criminal justice system.”
“Prosecuting Anwar for something that should never be considered a crime shows how far the government is prepared to go to remove a political opponent,” he said.
Anwar’s imprisonment has been stayed during his appeal, but if convicted he faces five years in prison plus a mandatory five-year prohibition on running for office, effectively ending the 67-year-old’s political career.
Malaysia’s May 5, 2013, general elections saw the Pakatan Rakyat (People’s Alliance) coalition led by Anwar win 50% of the popular vote. However, this only translated to 89 parliamentary seats due to the “first past the post” electoral system. (The incumbent National Front coalition government of Prime Minister Najib Razak gained 47% of the vote but 133 seats.)
Anwar and independent observers have alleged electoral irregularities and widespread gerrymandering, and thousands took to the streets to demand an investigation. Najib’s administration strenuously denies any impropriety.
The Pakatan Rakyat (PR) presidential council is to meet on the eve of Datuk Seri Anwar Ibrahim’s final sodomy appeal next week to prepare for the possibility that their leader will be jailed.
Despite the gravity of the situation, questions abound as to whether PAS president Datuk Seri Abdul Hadi Awang will be there.
The president of the Islamist party has shunned the public eye since the end of the Selangor Menteri Besar (MB) crisis last month, and has also been missing from the council’s meetings for over a year.
According to a PR secretariat member, the meeting is to be held while the current Parliament session is on, to ensure all leaders of the opposition pact are able to attend.
“We’ve informed everyone of the meeting, we hope that everyone can make it this time,” said the source.
However, according to the source, Hadi will likely be absent from the October 27 meeting as he will be in Kuala Terengganu the following day for a court hearing.
Hadi has to testify in a suit against him at the Kuala Terengganu High Court on October 28, the first day of Anwar’s appeal in Kuala Lumpur.
PKR’s former Bukit Besi candidate Mohd Shamsul Mat Amin had sued him for saying that there was a drug dealer among PKR candidates in the last general election, an excuse PAS had used to nominate their own candidates in seats allocated to PKR.
This resulted in a three-cornered fight in Bukit Besi.
Hadi is now in London, having departed for the UK capital on October 14 with other religious teachers for a programme there.
He was also absent from Parliament when Prime Minister Datuk Seri Najib Razak tabled the 2015 budget on October 10.
His failure to attend what is seen as the most important Parliament sitting of the year drew heavy flak from many quarters, especially social media users.
Many described him as a “truant” for not carrying out his duties as a parliamentarian elected by the people of Marang.
Anwar will appear at the Federal Court on October 28 and 29 for his final appeal against the Court of Appeal’s decision to sentence him to five years imprisonment on a charge of sodomising his aide, Mohd Saiful Bukhari Azlan.
PKR has begun mobilising its supporters to pressure the courts not to imprison Anwar, who was granted a stay of execution on March 7 pending the Federal Court’s decision.
Anwar’s supporters intend to gather across the country as well as make use of international diplomacy to ensure he is not thrown behind bars again.
They have taken advantage of Anwar’s personal ties with US President Barack Obama’s administration, Turkish President Raccip Tayyib Erdogan and Indonesian President Joko Widodo.
Anwar has been telling Malaysian media he was confident the Federal Court would overturn the sodomy verdict.
Hadi’s leadership of PAS has reached a crisis point, with many now openly criticising his decisions.
A prominent ex-PAS member, Tamrin Ghafar, had blamed the president as the cause of the problems faced by PAS now.
Tamrin (pic, right), the son of Umno veteran, the late Tun Ghafar Baba, recently quit PAS after joining the party two years ago, and has blamed Hadi and his supporters – the clerical faction he labelled the “Taliban” – for the reason behind his departure.
He has expressed disappointment with PAS’s move to suspend two of its Selangor assemblymen who had supported PKR and DAP’s positions on the choice of the MB ahead of a decision by PAS.
Tamrin had told the Mole.my that he was unhappy with Hadi’s leadership.
“Of course. Hadi and his Taliban group is controlling the party,” Tamrin said in an interview on the news portal.
Accusations of PAS turning “Taliban” in its outlook and approach in cooperating with its PR allies issues have also been leveled by Shah Alam MP and PAS central committee member, Khalid Samad, who said the party’s conservatives were out to remove leaders from the professional class.
“After declaring themselves to be clerics or the defenders of the ulama, this new group has begun attacking the leaders of old, especially those from the professional class who are pro-PR,” Khalid wrote on his blog.
Sodomy Prosecution of Opposition Leader Violates Rights
(New York) – Malaysian authorities should end their politically motivated prosecution of opposition leader Anwar Ibrahim, Human Rights Watch said today. On October 28, 2014, the Federal Court – the country’s highest court – will hear Anwar’s appeal of his March conviction for violating Malaysia’s abusive colonial-era “sodomy law” that criminalizes same-sex relations.
“Malaysian authorities should drop their case against Anwar Ibrahim or risk making a travesty of the country’s criminal justice system,” said Phil Robertson, deputy Asia director. “This drawn-out political theater has long been exposed as an attempt by the government to take Malaysia’s most senior opposition leader out of political contention.”
Police arrested Anwar on July 16, 2008, based on a complaint from a former aide that Anwar had engaged in consensual sexual relations with him. Serious fair trial concerns arose throughout the original trial, including the prosecutors’ unwillingness to provide defense lawyers with access to evidence against their client. Nevertheless, the High Court acquitted Anwar on January 9, 2012, ruling that DNA samples that were central to the prosecution’s case had not been handled or maintained properly and thus possibly contaminated.
On March 7, 2014, the Court of Appeal overturned the acquittal and sentenced Anwar to five years in prison. The appeal, originally scheduled for April, had been moved up to March, and the verdict and sentencing hearing, most unusually, came after a one-hour recess on the day of the hearing. As a result, Anwar was disqualified from running in the Kajang district state assembly election on March 23.
The prosecution is cross-appealing Anwar’s five-year prison term, which could result in a sentence of up to 20 years. Furthermore, should the Federal Court uphold Anwar’s conviction, he will be stripped of his seat in the federal parliament. Malaysia election law also provides that any person who is imprisoned for as little as one day or fined 2,000 ringgit (US$625) is forbidden from running for office for five years. The 10-year hiatus could effectively end Anwar’s political career.
This is the fourth time Anwar has been charged under the sodomy law, article 377 of the penal code. Article 377 has been invoked only seven times since 1938, according to research by the Women’s Candidacy Initiative. The willingness of the government of Prime Minister Najib Razak to use the law repeatedly against one high-profile political opponent highlights the danger posed by this law as long as it remains on the books.
“Malaysia’s sodomy law seems to exist chiefly to persecute Anwar Ibrahim,” Robertson said. “Prime Minister Najib should seek the law’s immediate revocation before it can be used to harass and imprison others.”
Background on Malaysia’s archaic sodomy law
Article 377 makes it a criminal offense to commit “carnal intercourse against the order of nature.” The law effectively criminalizes same-sex sexuality, and does not distinguish between consensual and non-consensual sex, contrary to international human rights standards. The law should be replaced with a modern, gender-neutral rape law.
So-called sodomy laws, such as article 377, contravene broadly accepted international legal standards. The United Nations Human Rights Committee, the international expert body that monitors civil and political rights, held in 1994 that sodomy laws violate rights to privacy and non-discrimination. The 2007 Yogyakarta Principles, which apply international law to issues of sexual orientation and gender identity, call on governments to “repeal all laws that criminalize consensual sexual activity among persons of the same sex who are over the age of consent.” In 2011, leading members of the Commonwealth of Nations, to which Malaysia belongs, called for the abolition of sodomy laws.
A November 2011 report by the UN high commissioner for human rights recommended that UN member countries “repeal laws used to criminalize individuals on grounds of homosexuality for engaging in consensual same-sex sexual conduct.” The high commissioner’s report, commissioned under a landmark resolution on “human rights, sexual orientation, and gender identity” that was adopted by the UN Human Rights Council on June 17, 2011, made numerous other recommendations, including several directly relevant to Malaysia. They include: “enact comprehensive antidiscrimination legislation that includes discrimination on grounds of sexual orientation and gender identity”; and “ensure that individuals can exercise their rights to freedom of expression, association, and peaceful assembly in safety without discrimination on grounds of sexual orientation and gender identity.”
“Prosecuting Anwar for something that should never be considered a crime shows how far the government is prepared to go to remove a political opponent,” Robertson said. “By using this law, the government is also putting the rights and freedoms of Malaysia’s lesbian, gay, bisexual, and transgender community at risk.”