Malaysiakini (http://www.malaysiakini.com)
(1) Decision on banned Kg Medan book put off, 29 January 2010
by Christine Chan
1The Kuala Lumpur High Court today postponed to Feb 12 its decision on the application for a judicial review by author K Arumugam over the government's move to ban his book.
The Tamil-language book, entitled March 8, is based on research and eyewitness accounts of the racial clashes which rocked Kampung Medan in 2001, leaving six dead and more than 90 injured.
Judge wants more info
One of Arumugam's counsels, Joanne Leong told reporters that the reason for the delay is that the judge Justice Mohamad Ariff Md Yusoff wanted further information before deciding.
"This is in light of the recent decision by the same judge who lifted the home minister's ban on another book 'Muslim Women and the Challenges of Islamic Extremism'," she said.
Because of the recent case development, Leong said the judge has given them more time to file for further submissions.
March 8 was among the 50 books banned by the authorities in 2007
Among others banned are the Indonesian translation of Charles Darwin's Origin of Species and Karen Armstrong's The Battle for God: Fundamentalism in Judaism, Christianity
(2) Authorities seize books published by Malaysiakini, 28 January 2010
The authorities have confiscated two books published by Kinibooks, a subsidiary of Malaysiakini, in separate operations conducted in Malacca and Penang.
The books - '1FunnyMalaysia' and 'Where is Justice?' - were seized from the Popular Book Store at the Melaka Shopping Centre, Malacca today, while an earlier operation was conducted at another branch of the bookstore in Gurney Plaza, Penang on Jan 7.
According to the authorities, the books "could pose a threat to public order, morality, security”. A total of 64 copies of the books were seized in both operations.
In Malacca, a team of officers from the police headquarters visited the Malacca branch of Popular Book Store today and removed 33 copies of the books from the shelves.
According to them, the raid was carried out under section 18 of Printing Presses and Publications Act (PPPA).
Section 18 of the PPPA states that the authorities are empowered to “seize and detain” any publication which they have reason to believe to be evidence of an offence under the act.
Meanwhile, 34 copies of the both books were seized by officers from the Home Ministry in Penang three weeks ago.
1Funny Malaysia is a compilation of cartoonist Zunar's works while Where is Justice is about death and brutality in police custody focusing on four prominent cases involving Teoh Beng Hock, A Kugan, Altantuya Shaariibuu, and Anwar Ibrahim.
(3) Jakim advice on book too simplistic, 27 January 2010
by Eeja
I refer to the Malaysiakini report Stay away from book on Muslim women, Muslims advised. What a simplistic, myopic advice coming from Jakim.
'Hence, Muslims in the country are advised to be wary of reading materials which contravene Islamic teachings.'
Excuse me Mr Director-General, please get this clearly into your mind : being 'muslimah' ourselves, we are as clear about things contravening Islam as those that don't.
We are clear of the contents of divine revelations, principally and philosophically as well as its abundance of life wisdom and sanctity, as stipulated in the Holy Book, the Quran.
In the same breath, we say we are clear and aware of those man-made interpretations/edicts and even the thousands of hadith traditions and the writings of its lines of narrations, which will never be absolutely free from human fallibility.
Since we just cannot compare the Almighty God of the entire universe against human beings who are mere mortals, hence we can witness contradictions, inconsistencies and the inability to adjust to the different eras and thus the different needs of human civilisations in those human thoughts of religious legislation/rules/laws of God's revelations.
Or else how would you explain about the existence of different schools of thoughts, notably the four main ones, also known as mazhab, of Syafi'e, Hanafi, Maliki and Hanbali?
Can we rightly say among these four imams of 'mazhab', who is more acceptable in the 'eyes' of Allah or who is less acceptable, hence a lesser degree in submission or faith towards Allah?
Heck no, we just do not want to bother with those differences. Reason being we have the Divine Quran as our primary guide and the foundation of faith in our quest to take charge of our journey towards submission to the only One God, the Creator and Sole Owner of the whole universe for it is He who determines our final destiny in life and the hereafter whether to heaven or to hell.
(4) Stay away from book on Muslim women, Muslims advised, 26 January 2010
The book 'Muslim Women and The Challenge of Islamic Extremism' can create doubt and disharmony among the people in the country, according to the Malaysian Islamic Development Department (JAKIM).
Its director general, Wan Mohamad Sheikh Abdul Aziz Wan Mohamad said the contents of the book contravened the Islamic Publication Materials Censorship Guidelines issued by Jakim in 1996.
"Several obvious errors were found (in the book)," he said in a statement today.
He said among others, the book stated that Islamic family laws and Syariah criminal laws were promoting prejudice and discrimination against women.
The book also questioned the fatwa institution and the ban on non-Islamic scholars from discussing Islamic issues. It also promoted the re-interpretation of the verses in the Quran, especially those on gender bias, he said.
Wan Mohamad said the book had been scrutinised, checked and referred to the Islamic Publication Materials Censorship Committee chaired by the Mufti of Perak, Harussani Zakaria.
"Hence, Muslims in the country are advised to be wary of reading materials which contravene Islamic teachings. If in doubt, refer to the guidelines issued by Jakim," he said.
Wan Mohamad said Jakim also respected the High Court's decision yesterday to lift the ban on the book, but felt that it was its responsibility to explain to the public on the errors found in any Islamic book in the market.
(Bernama)
(5) Banning books is like banning thoughts, 26 January 2010
by Dr Hamidah Marican
We refer to the Malaysiakini report Ban on SIS book lifted.
Sisters in Islam (SIS) is pleased with the High Court's ruling against the ban by the home ministry on its book, 'Muslim Women and the Challenge of Islamic Extremism'.
It is a well-earned victory that is in line with our pursuit of opening up more spaces for intellectual debate and discourse, not only for us at SIS, but also for academic freedom, constitutional liberties, freedom of expression and human rights at large.
The judgement is a landmark decision because over the years, there has been an increase in the number of books, particularly on Islam and religion, which have been banned in this country.
SIS has always contended that the said publication is an academic analysis of the situation faced by Muslim women activists and asserts its right to engage in an intellectual debate on matters pertaining to Muslims.
We believe that the said judgement makes the home minister accountable for his action made under the Printing Presses and Publications Act 1984.
We urge other authors and publishers of banned book to write to the home ministry to ask for reasons on why their books have been banned.
Without communicating to the author or the publisher on any detailed explanation for its action, it will only make one wonder whether the authorities may have something to hide or that they are submitting themselves to unfathomable prejudices or that they have simply not yet read the book.
The joy of reading is a fundamental human right and we hope to get this message across. Books are important keystone for information and expression.
Books can feed the mind, nourish the soul, and promote positive change in individuals and society. Banning books is like banning thoughts – senseless and not to mention, dangerous.
The writer is executive director, Sisters in Islam.
(6) Ban on SIS book lifted, 25 January 2010
by Hafiz Yatim
After almost a year and a half, the ban on the book Muslim Women and the Challenge of Islamic Extremism has been lifted by the Kuala Lumpur High Court.
The book, edited by sociologist Prof Norani Othman from the International Studies Institute of Universiti Kebangsaan Malaysia, was published for non-governmental organisation Sisters in Islam (SIS).
A collection of essays by activists and international intellectuals, it was banned by the Home Ministry on July 31, 2008, on the ground that it was prejudicial to public order.
"Prejudicial to public order", as deemed by the court, was anything that could upset the security of the country.
It was also accused of being "inclined towards confusing the Muslim community especially women".
In delivering judgment this afternoon, Justice Mohamad Ariff Md Yusof said he fails to see how the book can disrupt public order, as alleged by the Home Ministry.
"The book had been in circulation since 2005 but only banned on 2008. Throughout the two years that it had been made available, there is no proof to suggest it had affected public order," said Mohamad Ariff.
"Furthermore, the Home Ministry through its publication controls unit and the Islamic advancement department had only identified seven out of 215 pages that are said to be offensive. However, I failed to find the said pages and passages cited to be offensive."
Justice Mohamad Ariff said the passages were merely academic discussions and like many such publication, it is open to criticism.
Hence, he said the court finds the ministry's ruling to withhold the distribution, publication, reprinting and marketing of the book to be erroneous.
"It cannot stand. The move is erroneous in law and should not be allowed to stand and (is) against the law's principles. Hence, the order (by the ministry) cannot stand."
"The court grants the certiorari order to quash the decision by the ministry to ban the book," Justice Mohamad Ariff said.
Norani overjoyed
In an immediate response, Norani said she is overjoyed with the ruling as it is good for academic freedom.
"The book does not touch on the principles of Islam but on Islamic family law and Syariah criminal laws.
"It has been in circulation for over two years of its ban."
Almost half the print run of 3,000 books has been sold.
An associate professor at UKM, she said the decision will spur her to publish her next work on polygamy.
"I hope this would also motivate other academicians to write such findings and publications which would not only help open up the country, but also improve the democratic standing here."
Noraini said that they had waited a long time for the decision and was glad it was in SIS' favour.
SIS was represented by Malik Imtiaz Sarwar and K Shanmuga while senior federal counsel Noor Hisham Ismail represented the ministry.
Noor Hisham said he will prepare a report on the decision and will seek instructions on whether to file an appeal.
Written judgment in two days
Justice Mohamad Ariff, who made the decision today is no stranger to controversy as on Nov 19, he ruled the Malaysian Anti Corruption Commission (MACC) could not interview witnesses late at night.
Following the ruling, the then-MACC investigation division director Shukri Abdull had on Nov 25 issued a directive to all MACC offices to confine the questioning of witnesses to the working hours of 8.30am to 5.30pm.
Justice Mohamad Ariff in allowing a judicial review filed by Tan, ruled that Section 30 (3) (a) of the MACC Act 2009 does not empower the MACC to investigate a witness "round-the-clock".
The judge, who was a former PAS member, and former senior partner of the law firm Cheang and Ariff had also recused himself from hearing the Perak menteri besar dispute.
He decided to disqualify himself from hearing the case following an objection from the attorney-general's chambers.
Mohamad Ariff had indicated the written judgement to the SIS case will be available by Wednesday.
(7) Sabah church sues PM over book ban, 24 December 2007
by Soon Li Tsin
A Sabah church has sued the government and Prime Minister Abdullah Ahmad Badawi in his capacity as internal security minister for not allowing the import of Christian literature containing the word 'Allah'.
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