The Young Lawyer

I think I've written about this topic before. See here.

Anyhow, this post is written in a slightly different context. 

Yesterday, as I was leaving office, I bumped into a partner and her nice lady client in the lift.

As usual, I'd start some small chat to warm the awkward silence of the elevator.

"All done for the day?"

They nodded and smiled back at me.

Then the lady client asked, "Are you a lawyer as well?" I nodded in reply.

She apologised, "I'm sorry I asked but I had too, you look so young! You must've just graduated".

I smiled.

"Actually, I've been in practice for a few years. In fact, I'm heading home to play with my two year old daughter".

Then the lift door opened and we stepped out. As she was leaving out of the building, I wished her a pleasant night. The client smiled.

"Your answer described your age perfectly. I would've expected an answer like that from a lawyer".

Man! Did she made my day yesterday!

J

*Ni baru "Young Lawyer"!*

Blog adjourned.

The Hadd On Zina

I think people are always confusing between zina (adultery) and rape.

Know that rape is not adultery. In a rape case, one party does not consent to the sexual intercourse. Hence some ulama categorise rape as a form of robbery to one’s dignity. Under Hudud Laws, in a case of robbery, the ultimate punishment is death or crucifying the convict and to leave the body in a public place as a show to others how the Shariah detest robbery.

Now, this is my understanding on the Hadd for Zina. (Hadd is the singular term for Hudud. When we say Hudud, it includes all of the Hudud offences. When we say Hadd, we are referring to only one of Hudud offence).

Please correct me if you think I am wrong as I stand to be corrected.

My analysis on Hadd for Zina is based on my formal tertiary education as well as my reading and understanding of the Shariah.

Mainly, Zina is a crime because it tarnishes one's honour and lineage, two of the factors which the Mawasid Shariah (Objectives of the Shariah) protects.

The Hadd punishment for Zina is divided into two. The flogging of 100 times at the back is for an adulterer who is not married and the stoning to death for an adulterer who is already married. 

“Sula” or the act of shoving a sharp pole from the anus until it comes out through the mouth was a customary punishment given to adulterer in the olden days in Malaya. Sula is not a Shariah punishment and definitely not a Hadd punishment.

Hadd for Zina is only for Muslims. Although adultery is heinous crime and detested in all religion, only some religion actually imposes heavy punishment for adultery. Islam is one of the religion.

In other words, under the Shariah, sexual intercourse out of wedlock for a married Muslim is a death penalty. If only this was stressed during pre-marriage courses, we might get fewer affairs in marriages.

 Okay, that’s the Hadd punishment for Zina.

But before we can punish somebody, we need to convict / prove that he is guilty of the offence.

There are only two ways to convict an adulterer under zina and punishing them with Hudud. The first is via sincere confession(s) and the second is if the fornicating act is witnessed by four male witnesses.

As for the first category i.e. via sincere confession (s), I included the (s) to indicate a plural form of confession because some jurist have even required the confession be made four times and done at different times - to make it equivalent to 4 witnesses. The retraction of one admission out of the four times will annul the Hadd for Zina as it is like only having 3 witnesses instead of 4.

As for the second category, the fornicating act MUST be witnessed by 4 male witnesses. Jurist have explained that these four male witnesses must SEE the penis entering and exiting the vagina a few times and are super damn sure that the sexual intercourse really did happened. The level is beyond reasonable doubt as any traces of doubt would destroy the certainty in imposing Hadd punishment. The moral behaviour of each of the four male witnesses must also be of tip top character and can be challenged. Some jurists have debated the acceptance of female witnesses. That could be another point of law as well.

In my mind, the only way for the second category to happen is if the couple were fornicating in PUBLIC. Some may say that if an unmarried Muslim couple living together and have kids, this could be a good case for Hadd punishment. I beg to differ.

I have some reservations here. DNA test may be accurate do determine paternity of the child but that should not be the benchmark to prove Hadd punishment as there are no 4 male witnesses who saw the intercourse. Using DNA is to establish an evidence after the act of intercourse when Hadd punishment is for the act of intercourse. Hadd punishment is not to eliminate all traces of adultery. Ta’zir punishment could be used as an alternative punishment but not Hadd.

The four male witnesses would never be able to SEE the sexual act if it was done in private because SPYING or CCTV footage is not a valid method of enforcement or evidence for Hadd in Zina. It may be a admissible for Ta’zir punishment but I don’t agree it to be extended for Hadd. Another mind boggling factor is this. If these 4 male witnesses are of good moral behaviour, isn’t it their duty to stop an evil act when they see it (amar ma’ruf wa nahi mungkar) and not wait and look at the couple to make sure that they see the penis entering and exiting the vagina?

*OOoohhh... Mat Skodeng*

In fact, I would go further to suggest that the 4 witnesses must have tried to stop the couple but the couple couldn’t be bothered and continued romping each other in the clear view of the 4 male witnesses.hmm.. To my mind, this means that the Hadd for Zina is and will only be applicable when the moral value of the society is at its worst level and people start to fornicate in public without any shame or embarrassment. Even after attempts to stop the couple, they still continued fornicating in public.

I was told and I read as well that there has not been a single case of Hadd punishment for Zina on the basis of conviction. All of the previous convictions are based on confessions. I stand to be corrected as I do not have the any statistics to back this finding.

At the end of the day, Hadd is a punishment to free the sinner from punishment in the Hereafter which is way greater than in this world. One may be committing Zina in private and not be caught but that does not mean that Allah does not know what you are doing. If you think you can commit a sin in a place in this world where Allah would not know and cannot see you, by all means, go ahead and do it. And please tell me of this place as well because as far as I am concerned, nothing escapes Him. He knows what is apparent, hidden, before and after.

I think that this should prove that Hadd for Zina more of a preventive measure for others not to do it rather than deterrent punishment for those convicted. Well, it is a deterent factor if you are not married but if you are married, there is nothing to deter you from comitting the crime because dead people cannot commit crimes...

But we still need to have it as Hadd for Zina available to Muslims who fall under the first category where the adulterer wants to confess of his sin and get rid of the sin's burden from his shoulders by facing the punishment provided by Allah.

Be that as it may, if the burden of proving the couple does not reach the level of Hadd for Zina, the adulterer may still be punished under Ta’zir which is the discretionary powers of the Court. They can still be fined or imprisoned or any other punishment as the authority deems fit.

In conclusion, I don’t think any civic minded person should disagree with Hadd for Zina.

What do you think?

Blog adjourned.

The Role Of Ethics In Business - (Legal Insight 4/2011)

Yay!

My first article for my Firm’s newsletter, Skrine’s Legal Insights 04/2011 (December) is published at page 16.

I told the Editor that I would like to contribute a piece on Shariah: Principles and Practice for EACH publication. Haha. Kena letak pressure skit baru boleh perform!

So I began my quest to draft something light and easy for people to read. Not too heavy as I don’t want the readers to get bored and not too light until people think it is useless.

I thought corporate governance would be a good subject plus it was still fresh as it was one of my CIFP subjects. In the end, Alhamdulillah, “The Role of Ethics in Business” was drafted and submitted to the Editor and approved J Yay!

You can click here or here to read the Skrine’s Legal Insight 04/2011. Again, my article is at page 16.

Hope you enjoy the read.

You should also check out page 12, Of BIMBOS, Black Swans, Ex-Dates Etc. Very enjoyable read J.

I am already in the midst of my next article. It’s going to be about the Objectives of the Shariah (Maqasid Shariah)... So stay tuned.

Blog adjourned.

2012- To Be A Successful Believer!

Happy New Year Everybody!

When it comes to New Year Celebration, we would be surrounded by warm wishes and prayers for better future and greater success not forgetting making new year resolutions.

You don’t have any resolutions yet? Let me assist you to create one. J

First, flip out your Quran and refer to the 23^rd Chapter i.e.: Surah Al-Mu’minun (The Believers). Too lazy? Then just read on first. I will explain my understanding of these 11 verses below.

 

In the name of Allah , the Entirely Merciful, the Especially Merciful.

1.    Successful indeed are the believers;

2. Those who humble themselves in their prayers;

3. Who avoid vain talk or shun vain conversation;

4. Who are active in deeds of charity or payers of the poor-due;
5. Who guard their modesty or abstain from sex,

6. Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame,

7. But those whose desires exceed those limits are transgressors;-
8. Those who faithfully observe their trusts (keepers of their pledge) and their covenants;
9. And who (strictly) guard their prayers;-
10. These will be the heirs,

11. Who will inherit Paradise: they will dwell therein (for ever).

[Note: I got the Arabic text from here and the translation are a mixed between there and here. Well, I didn’t actually mix it but I added on for better understanding. That’s why you see the “or” in the translation.]

Now, let’s get into business shall we?

In the first 11 verses of Surah Al-Mu’minun, Allah SWT tells us that the Believers are indeed successful. (If you are a Believer, say Alhamdulillah and Yay. You can also let out a sigh of relieve here...Fuh!).

Allah SWT then went on to explain the characteristics of a successful believer in the following 8 verses. He began by the categorization of a successful Believer by mentioning FIRST, those who are khusyu’ in their prayers and ENDS with those who guard or take cares of their prayers.

See how important prayers is?

In between, He states that a successful believer will avoid vain talks, do charity, abstain from illegal sex and only do so legally and observe trust and covenants.

Now if a Believer do all of the above properly, Insha Allah, he will inherit Paradise. Not ENTER but INHERIT.

Inherit means it is your right to get it. But only if you fulfil the obligations mentioned in verse 2-9.

That’s pretty literal right? If you had happened to read the translation of Surah Al-Mu’minun, common sense would dictate that you would be able to decipher the above meaning.

Now, let me share with you this.

In life, when we explain about someone’s background or credentials, we would always be interested with his most successful achievement right? When we want to introduce a Medical Doctor for example, we don’t tell about his primary education first but we say “Dr. Abdullah obtained his PhD in Islamic Finance from INCEIF”. Then we go on to say that he got his Masters from Azhar University after completing his degree from the International Islamic University Malaysia. We might even go on to share his secondary school and primary school thereafter.

This is the norm when we introduce someone. We start from the most successful achievement and move downwards. It would be bizarre if we share one’s kindergarten, primary, secondary education first before moving up to illustrate that he is a Medical Doctor or a PhD Candidate in the end. This sort of dilutes the effect of one’s achievement. Probably because it is only expected that he would have passed all the lower levels before he could achieve his most current successful accomplishment.

Khusyu’ in prayers is the ultimate level of achievement for a Believer. That’s like the most awesome character of a Believer. That’s why Allah SWT mentions Khusyu’ as the best illustration of a successful Believer. Because it is the ultimate character, you cannot just suddenly get it. Just like a PhD holder, one cannot just wake up one day and say, “I think I want to be a PhD holder”. It doesn’t work that way. You need to make sure that you have the necessary qualifications and background before you can even be considered to be a PhD candidate. This is the same when we want to be Khusyu’ in our prayers. It takes a lot of effort, perseverance, preservation, discipline etc.

So if we want to be a successful Believer, we must have Khusyu’ in our prayers. Ok. How do we go about doing that?

Well, as I have mentioned above, the illustration to one’s achievement is normally done by mentioning the best and down to the most primary level. If we want to start achieving the ultimate goal, the idea is to start at the starting steps of being a successful Believer.

This, my dear readers, is your cue to go straight to verse 9 and read the characteristics backwards all the way to verse 2.

Verse 9 only asks you to guard your prayers.

You can read my previous post on Random Facts About Prayers Part I, Part II, Part III, Part IV, Part V, Part VI and Part VII for some basic reading. Also click on the “Islam” Category in In My Chambers.

Then you make sure to observe your trust and covenants. Have Amanah and never ever lie.

Then you abstain from illegal sex and only do so legally. Get married if you are single. Only go to bed with your wives if you are married. And most importantly, for husbands and wives, please each other for the sake of Allah.

Then you do charity.

Then you avoid vain talks.

Perfect all these characters and then Insha Allah you will be able to get Khusyu’ in your prayers.

Then you will not only be a Believer, but a successful Believer who will inherit Paradise.

I think this would be a great new year resolution and let’s see if we can be a successful Believer.

Don't worry if your just about to start. Islam is not only about scoring in your exams but Islam acknowledges the journey towards acing your exams. If you are just about to start, then let's start together. if you have already started, then please do share with us your experiance. Hopefully, at the end of the day, we get to complete it successfully together.

Get your friends and family to do so with you. Wouldn't it be nice to have your friends and family in Paradise together?

So 2012, may you bring us all a greater success!

Blog adjourned.

(Alhamdulillah. I finally got to share this knowledge. I first heard it in the show "Parables in the Quran" hosted by Moez Massoud. Then I continued with some research and got better understanding from my Spiritual Teacher. May Allah continue to guide them and grant them His blessings and make them Successful Believers too!)

Two Thousand And Eleven = AWESOME!!!

*Yup! So I'm gonna blog the good times of 2011*

Alhamdulillah...

2011 was indeed a good one.

In January, I started working again as a Senior Assistant Registrar at the Muamalat High Court in Kuala Lumpur after completing my 12 months CIFP course. It was actually killing two birds with one stone as INCEIF agreed to allow me (and my dearest Deputy Registrar) to complete our 6 months articleship at the Courts. I was so rusty and the new Court Management System was so strange but my dearest colleagues were always ever so helpful to help me get on my way. Thank you so much you all!!! *wave*wave*

4^th of April marked my third anniversary with the Bride. I couldn’t be more than happy to celebrate it with the Bride and little Chempedak (Click here.)

Throughout January to September I was always keeping myself busy with all the Judicial work etc. There was a Judicial Officers Conference somewhere in the year and Kuala Lumpur managed to win the best show for that night. It was a pantomime of the olden days at the Courts and the future. The best thing about it was that it was participated by about 30  officers ranging from Senior Assistant Registrar, Deputy Registrar, Magistrate and Session’s Court Judges. AND most importantly, people enjoyed it. Little did I know it was going to be my last conference in the Judicial and Legal Service.

Sometime in June I got an offer which I duly accepted. An offer to change my career from the public sector to the private sector. Alhamdulillah, the transition was smooth and I didn’t burn any bridges. I guess I can safely say that my colleagues and bosses in the Service ARE still my buddies now J

In July I was busy completing my report for my Articleship because I needed to submit it before I leave to the You Kay!!! The report was completed in due time, and my mini family and my in-laws were off to some super awesome holiday in Europe together with my sis-in-law. Alhamdulillah, I managed to fulfil the Bride’s childhood desire to go to Disneyland and the Chempedak couldn;t get enough of her Mickey Mouse and friends. Yay! Be sure to read it at the Bride’s blog here. She is currently updating the trip so pandai-pandailah click the continuation. J

Ramadhan passed by so swiftly and I have yet to learn how to manage my ibadah and family timing properly. Having a two year old is no joke!

Mid September observed me to be a new Associate in SKRINE in the Islamic Banking Unit. A place where I am able to apply the theories and education in Islamic Finance into practice.

As usual, I had to take my gastric pills to control the stress of changing jobs, just like how I had to take those pills during exams the previous year.

October saw the Governor of Bank Negara conferring me my CIFP certificate and witnessed by the super tall INCEIF CEO, Daud Vicary, (click here). Man! That guy is super tall! Oh, and I also managed to salam my dad on stage. Dream come true from the day I enrolled as an INCEIF student. J

Hong Kong trip with the Bani Othman was part of December’s activity. The Bride got to go to her second Disneyland! Yay! The Bride would be updating about this trip soon. J

MLJ also published my article Takaful: Background, Branding and Concept [2011] 6 MLJ lxxvi as a Christmas gift to me.

There are many more interesting things that has happened throughout 2011.

Alhamdulillah.

Glory be to Him who gives without limit to whomever He wills.

There were down moments as well but why bother lamenting on the downs when there are so many happy stories to share right?

Hope you all had a good 2011 and may 2012 be even better Insha Allah!

Blog adjourned.