In Malaysia, we have an hierarchy of courts with different courts serving different purposes before going to the serious one on the top. One of the court that we have is Court for Children. It does not mean that children are running the lawyers and the judge, but logically, the court for children that did some crime.
The reason behind why we are using a children court is that, children are naive, immature and definitely wouldn't know much of the effect of what they have done, even in their adolescent. Thus, the Court for Children are for children below the age of 18. In the range of age below 18, children that commit crimes are given a chance that they might be a future leader, breaking from their past as it may not be their intention.
In the case that involved that was discussed in class is that a boy age of 12, had murdered the daughter of his teacher who is aged 11. The boy was found guilty after stabbing the girl 20 times with a sharp objects and slashing her 4 times. However, he was not sentenced to death. Alright, boo whatever you want and cursed whatever you want. As mentioned, this is not unfair, this is due to they may not know the consequences. Just like now, back when you are just 12 years old, will you know that making love with a girl, although you all are playing, and yet you did an intercourse with her (with her unwilling), is a rape? If you would have know that, do you wish to be granted the chance. Definitely yes, in fact, a life is definitely worth it, and you might think you can sacrifice your production and to continue living.
Back to the topic, it is consider unconstitutional law as it is different from the constitution. After much process, with court of appeal (before is the high court) until it reaches APEX or Federal Court. With the King's pleasure, the kid will be located somewhere, which we usually know is rehabiliation centre like St. Henry Gurney and etc. And we shall pray hard for their improvement in life. Probably you guys can blame the technology and the power of gaming, that caused this effect.
Back to the normal speculation process, so let's bring up a case. As we all know, celebrities are always blame of doing something they didn't do. In fact, toward man to man, they are never afraid. After all, making some payments and etc., or in fact, a good lawyer can give you a win. But when it comes to involving kids, "BOY, YOU ARE GONE!". Yes, yes, let's talk about Michael Jackson. The reason why I brought this things up, it may sound not related but I will let you know my point. Since after his death, the Legendary Pop singer who was accused and found guilty of child molestation, not one but a few. At the end of the day, those who said they are molested came upfront and admitted that, NO, MY DAD FORCED ME TO SAY, HE DIDN'T MOLEST ME.
So the point is like this, I'm a Junior to one guy called A. I'm his beloved son and one day, A was unhappy and having dispute with B. I also know B well, in fact he is like an uncle to me. Thus, A planned out a plot that involves me killing B unintentionally (add: with A not present). By the time B was found dead, with only me on the scene, I'm the only one convicted. With me, saying I don't know what happen and at the end of the day, I was found guilty and send for rehabiliation.
So does it mean that other than me, the other suspect like A who acted don't know, with all the blames on me escaping without having fur laying on his guilty hand?
Showing posts with label BBL2014. Show all posts
Showing posts with label BBL2014. Show all posts
Thursday, February 4, 2010
Doctrine of Stare Decisis
The Doctrine of Stare Decisis is perhaps one of the most important studies in the field of law that was practise ever since from 1820s in the Supreme Court of England. In fact, from our lecturer, this is one of the most interesting area that cramps all the law students very much.
Adapted from Wikipedia,
And probably Stare Decisis is the one that makes law really hard, as they truly need to memorize and research a lot whenever they are going for a legal suit. And probably this makes two statements fairly accurate.
One will be by George Santayana, "Those who don't remember their history, are condemned to repeat the same mistake again".
Second, "The more research, just like any fields that you made, the more meticulous and trustable your information are".
Back to the topic, although Stare Decisis may meant that way, it is not as easy as is seem. Learning from my lecturer and also my law friends, not all the cases are the same and they varies, due to generation differences, technology and lots of evolvement. Thus, a lot of justification must be made as similar as possible to the case that is brought forward. But truly, it is not that easy, not just in pointing out the similarity, but to convince people that every information delivered makes hell of a sense.
So from there, we can see two things, the normal two things of advantages and disadvantages. The questioned that was brought up to me, that leaves me mumble something that I understand myself. From the positive point of view, it brings efficiency. Simply, you do not have to waste your time doing the same thing that was done earlier. In another word, REFERENCING. Apart from that will be the stability in law, that through either cultivation or cases from centuries ago, people know what is allowable and what is not. From the sources of Wiki Answers, "...to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to."
Although uniformity of law may be seem as both positive and negative. The negative sidepoint will be that uniformity shows that everything that happen will be the same, and there are no OTHERWISE! To rule autocratically is good, but democratically, it may seem absurb. Also, the expectability of the results may seem quite the same. Let's say there are so many cases of raping in Malaysia, and most of them will likely to get the same punishment, and out of probably thousand, only one exceptional case may happen. This simply leads to the restrictions of Judge to command and to open up to new debate. Why? Because let's say, if horizontally, most people will accept the results, but vertically, everyone might be thinking that, is that Judge trying to outrun the law of the Supreme Court, or getting some flashlight for himself. Thus this is not developing the study of law. And as time goes by, back to the 1800, the mentality of people are much different, with humans nowadays slightly more fabricated.
Thus, from that as usual, let's speculate some real case that is happening, in fact TODAY! Back in 1998, one of the Malaysia's most bizarre political scandal that involve the Deputy Prime Minister, accused and found guilty of sodomising a guy. Ten years later, after he was released from the prison of his act in 2004, he is once again being accused in the same story, with his personal assistant as well. For many of us, who knew the true story behind the court, many of us have regretted that incident, simply the media is making a truly bad name of the accused. However, this time, media are so broad and many are well informed that 1998 case may have some slippage of information. But decision have be made, so in 2010, with February 3rd the first day where their case begin, does it mean, it will be using Stare Decisis again?
Adapted from Wikipedia,
In fact, this Doctrine as mentioned by my lecturer is that, most British colonised country will probably practise this doctrine. The easier understanding of this doctrine is that, "judges are bound to follow the decision made by other judges before them in dealing with cases with similar facts, whether is horizontally or vertically". Horizontally applies whereby the decision is bounded by earlier judges with the same level as the one using it. Vertically is like a superior to subordinate, whereby the one practising now is folowing the decision from a higher court or superior court.Stare decisis (Latin: [ˈstaːre deːˈkiːsiːs], Anglicisation: [ˈsteɹɪ diˈsaɪsɪs]) is the legal principle by which judges are obliged to obey the precedents established by prior decisions. The words originate from the Latin phrase Stare decisis et non quieta movere, "Maintain what has been decided and do not alter that which has been established".
In the United States, which uses a common law system in its federal courts and most of its state courts, the Ninth Circuit Court of Appeals has stated:
Stare decisis is the policy of the court to stand by precedent; the term is but an abbreviation of stare decisis et quieta non movere — "to stand by and adhere to decisions and not disturb what is settled." Consider the word "decisis." The word means, literally and legally, the decision. Nor is the doctrine stare dictis; it is not "to stand by or keep to what was said." Nor is the doctrine stare rationibus decidendi — "to keep to the rationes decidendi of past cases." Rather, under the doctrine of stare decisis a case is important only for what it decides — for the "what," not for the "why," and not for the "how." Insofar as precedent is concerned, stare decisis is important only for the decision, for the detailed legal consequence following a detailed set of facts.
And probably Stare Decisis is the one that makes law really hard, as they truly need to memorize and research a lot whenever they are going for a legal suit. And probably this makes two statements fairly accurate.
One will be by George Santayana, "Those who don't remember their history, are condemned to repeat the same mistake again".
Second, "The more research, just like any fields that you made, the more meticulous and trustable your information are".
Back to the topic, although Stare Decisis may meant that way, it is not as easy as is seem. Learning from my lecturer and also my law friends, not all the cases are the same and they varies, due to generation differences, technology and lots of evolvement. Thus, a lot of justification must be made as similar as possible to the case that is brought forward. But truly, it is not that easy, not just in pointing out the similarity, but to convince people that every information delivered makes hell of a sense.
So from there, we can see two things, the normal two things of advantages and disadvantages. The questioned that was brought up to me, that leaves me mumble something that I understand myself. From the positive point of view, it brings efficiency. Simply, you do not have to waste your time doing the same thing that was done earlier. In another word, REFERENCING. Apart from that will be the stability in law, that through either cultivation or cases from centuries ago, people know what is allowable and what is not. From the sources of Wiki Answers, "...to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to."
Although uniformity of law may be seem as both positive and negative. The negative sidepoint will be that uniformity shows that everything that happen will be the same, and there are no OTHERWISE! To rule autocratically is good, but democratically, it may seem absurb. Also, the expectability of the results may seem quite the same. Let's say there are so many cases of raping in Malaysia, and most of them will likely to get the same punishment, and out of probably thousand, only one exceptional case may happen. This simply leads to the restrictions of Judge to command and to open up to new debate. Why? Because let's say, if horizontally, most people will accept the results, but vertically, everyone might be thinking that, is that Judge trying to outrun the law of the Supreme Court, or getting some flashlight for himself. Thus this is not developing the study of law. And as time goes by, back to the 1800, the mentality of people are much different, with humans nowadays slightly more fabricated.
Thus, from that as usual, let's speculate some real case that is happening, in fact TODAY! Back in 1998, one of the Malaysia's most bizarre political scandal that involve the Deputy Prime Minister, accused and found guilty of sodomising a guy. Ten years later, after he was released from the prison of his act in 2004, he is once again being accused in the same story, with his personal assistant as well. For many of us, who knew the true story behind the court, many of us have regretted that incident, simply the media is making a truly bad name of the accused. However, this time, media are so broad and many are well informed that 1998 case may have some slippage of information. But decision have be made, so in 2010, with February 3rd the first day where their case begin, does it mean, it will be using Stare Decisis again?
Sunday, January 31, 2010
A Case on Fight after Accident in LDP
Hi guys, this post of my Business Law studies includes videos that we can discuss on. The first video is an accident of some drunkards while the second is a slight bump from the back, but resulted to a serious fight in the busy road of Lebuhraya Damansara Puchong, nearby St. Ignatius Church and LRT Station. It happen during the peak hours of LDP on 16th January, if I'mt not mistaken. This videos had brought in over 400 comments in one of the Youtube account and several others as well discussing on who is right and who is wrong.
Before you watch the video, there are some things to note.
1) The pink shirt guy is a mid-adult man soon to turn 38 as his birthday is on 2nd February (sources un-identified) and he is driving the Proton Gen-2 (WQB 2798)
2) The red shirt guy is a young adult, driving Proton Wira that bang the Gen2 from the back. Actually, just a very slight 'kiss' that the dent or scratches is rather not obvious
3) *IMPORTANT* The baseball bat is the belongings of the pink shirt guy. Look at pictures below
And from the video, there are some funny things that happen.
1) The red shirt guy threw the bat away in the middle of the fight
2) The red shirt guy threw again
3) The pink shirt guy is bathed with blood, but still want to fight.
The speculation goes like this,
I won't continue my post with much personal thoughts, as I will do more ground research this time especially on whether how this lawsuit can be pursued, if it is really going to happen. Who is right and wrong, is hard to judge, especially seeing from the comments from youtube.
But we will start the warm up with,
1) Why do the pink shirt guy come down with a baseball bat? For protection or to scare people?
2) How did the fight started, who started in fact?
3) Why a small case will break lose to a big fight?
4) Why realising that the pink shirt guy bat is snatched, which mean he is un-armed, why did he pursuit to his disadvantage? Is it he is afraid that he might be attacked or a robbery can occur or protecting his wife/girlfriend?
5) Why did the red shirt guy threw the bat away?
6) Why did the pink shirt guy still attacking the red shirt guy after the bat is thrown, is it to his advantage or is he revengeful?
7) How was the matter solved?
With that, I will close this post and continue tomorrow for more research. Enjoy the video guys, and we also have to learn to give and take. The case as many had observed can be solved with RM 50 - RM 200 but end up with more damage, for now, yes it is just a 14 stitches on the head. But in long term, we never know. And for the red shirt guy, how is his conscience if happen the guy had a coma, or any of them was banged by a car when they fight?
Tuesday, January 26, 2010
A Case on Roslin Hashim
Hope you guys know who is this guy! Anyway, this might be a controversial post that I'm doing, so if you don't really agree, don't bash me off with cyber-troopers and put down this blog. Let's make it a healthy discussion and also basically to start up with my subject that I'm taking this semester, namely Business Law. But how is it related, for former national and World Number One badminton player to do with any law and legal issues that I'm going to discuss.
First of all, if you all want to know more details, you can go to this few links and read about it first..
1) http://www.malaysiatoday.com/Latest-News/i-could-not-get-sexual-dissatisfaction-from-her-roslin-hashim-on-wife-he-divorced-after-12-days.html
2) http://gambargambarpelik.blogspot.com/2009/02/bekas-isteri-roslin-hashim-jenis-tak.html
The first post is in English while the second is in Malay. The second articles provide more details and if any of you all who don't know how to read the post, you can let me know, I don't mind translating for you guys (for my classmates I mean).
The freedom of speech is literally practise in Malaysia. But freedom of speech practise in the world of blogosphere might be a real different story because the moments the button "Publish Post" is clicked, you may have the whole wide world, the access to view every opinions to have. Whether is defamation or accreditation. Anyway, use your rights properly, for everybody including me, I hope.
Alright, the issue of Roslin Hashim and his wife, Faizah Mohamad goes like this. They got married on 30th June 2009. Kiss, hugs, SEX and 12 days later, divorced. Nobody can really understand what exactly happened, until, Roslin personally revealed the suspense - simply - he couldn't get Sexual Satisfaction from her. Very bold words especially from our national player and so-call celebrity who is a role model for Malaysian sports scene. And upon divorce, now he had filed another lawsuit against her, to claim for all the expenses and etc. that they both used during the preparation for their marriage, which includes, the engagement ring, wedding ceremonies, including canopies, video and hotel rooms (sources from Malaysia Today) which totaled up to RM 53,460 and the law suit will be on March 23rd and 24th.
So guys, what do you think? Is it appropriate to bring up such a case if you are in this situation? My guesses goes like this, if you are from a small town in Malaysia, chances are high you will not. But from my Law friends knowledge, working in Sri Hartamas, every week they have at least 10-20 files to open, which nearly a quarter involves family or divorce law. Truly and sadly though, but YES. The culture in the more developed places in Malaysia is having this crisis, and my friend as a lawyer, had told his boss to not give him any lawsuits on divorce cases because on the surface we know, is all about the payment. But on the inner, the case that involved having children is so sad that, one party will demand more hours and days to meet the kids, while the other will only allowed a certain time and place for them to meet. It is just like how sad we can see Britney Spears case, in fact.
Back to our topic on Roslin is that, will you be daring enough to do what he did? Let's just talk on law and legal rights, comparing to emotional stuff. Will you be daring enough? For money or for rights?
The reason I discussed this is with the hope that I can find the answers. That their lawsuit are filed under the Syariah Court. And all I want to know is that, in Syariah court, is there rights that regard a husband must be fulfilled their sexual satisfaction or fantasies, in any or every way a lady could? Also, to be more debatable, in Syariah ruling, revealing the problem of a divorce due to sex, and is the reason conclusive?
I wrote in forum post regarding this issue, as this post won't just conclude the actual rights. I have wrote to Woman Aid's Organization, and on Sharia Law In Malaysia forum regarding this scenario for the ruling of civil and Syariah courts.
My questions are throw out this way,
To WAO,
1) For the wife side, as she is not the one that claim the lawsuit, and the lawsuit is in Syariah court, can she be claiming any rights for his man to disown her without knowing her properly?
2) Although the scope is in Syariah law, can she make another lawsuit on civil court for defamation and inability to understand her?
3) A pursuit on him, in any rights, or sections of a woman to say that Roslin behaviour is inconsiderate and did not respect the woman and her sexual ability?
And on the Syariah Forums,
1) Is it the rights of a MAN, to divorce their wife due to her inability to satisfy his sexual desire?
- addition question, "...in such a short period?"
2) Is there rights of a WOMAN, to counter stating that he did not give ample time for her to learn or cultivate the knowledge to satisfy her man? (as both are virgins, no sexual experience, I believe)
3) Also, in Syariah ruling, is the WOMAN allowed to pursuit a legal suit not just in civil court, but Syariah as well due to defamation of her?
We have to know the contain, as back in 2003, Divorcing through SMS or Text Message is allowed in Malaysia. Also in Saudi Arabia.
However, as speculation may be the forte of Financial Engineers, let's round this post up, before I update my post with the results from WAO and Sharia law forums, and law friends and even my lecturer. hehe..
For the rights of Uniten Nation's Convention on the Elimination of All Forms of Discrimination against Women(CEDAW).
From article 1 on "Discrimination on CEDAW",
PART I
http://www.karamah.org/docs/Womens_rights_SEA.pdf
"The section 52(h) definition of unusual cruelty by the husband includes that the husband habitually assaults her or makes her life miserable; associates with women of ill-repute or leads an infamous life; attempts to force the wife to lead an immoral life; disposes of her property or prevents her from exercising her legal rights over it; obstructs her in the observance of her religious practices; or, if he has more than one wife, does not treat her justly and equitably as enjoined by Hukum Syara’. The husband may also apply for fasakh if the wife is incapacitated such that she is prevented from having sexual intercourse."
There are many sections and laws in Suhakam, Malaysia Bar for Civil Courts and Syariah Courts of Malaysia, thus, the point of views will come in the next update. But for now, on Roslin side, he probably have this section to back him up..
1. The rights of a husband in a marriage
It is often believed that once a woman is married, she is her husband’s property and the marriage contract is an entitlement to sex. Sir Matthew Hale, Chief Justice in 17th Century England wrote:
Because if sex is that important, so much important that you might be afraid to land like how Tiger Woods did, 14 ladies, with lots of prostitutes and pornstars. But personal or emotional opinions are not debatable in LAWSUIT, unless you have evidence. That's why we need religious laws like Syariah or the Book of the Bible. In Catholic faith, once you divorce, you are straight going to hell when you die. Because in the Book of the Bible, stated in Corinthians or Thesolonians, as far as I remember, when you are having Holy Matrimony or simply, Marriage, two hearts will become one. So if you break up and divorce, each of you have only HALF a HEART, thus, you are in-human!
While looking on the poor wife, I believe Woman Aid Organization might have a good advise if this scenario reach out of hand. Let's hope for the best and pray that this type of scenario won't happen that often in Malaysia anymore.
References:
First of all, if you all want to know more details, you can go to this few links and read about it first..
1) http://www.malaysiatoday.com/Latest-News/i-could-not-get-sexual-dissatisfaction-from-her-roslin-hashim-on-wife-he-divorced-after-12-days.html
2) http://gambargambarpelik.blogspot.com/2009/02/bekas-isteri-roslin-hashim-jenis-tak.html
The first post is in English while the second is in Malay. The second articles provide more details and if any of you all who don't know how to read the post, you can let me know, I don't mind translating for you guys (for my classmates I mean).
The freedom of speech is literally practise in Malaysia. But freedom of speech practise in the world of blogosphere might be a real different story because the moments the button "Publish Post" is clicked, you may have the whole wide world, the access to view every opinions to have. Whether is defamation or accreditation. Anyway, use your rights properly, for everybody including me, I hope.
Alright, the issue of Roslin Hashim and his wife, Faizah Mohamad goes like this. They got married on 30th June 2009. Kiss, hugs, SEX and 12 days later, divorced. Nobody can really understand what exactly happened, until, Roslin personally revealed the suspense - simply - he couldn't get Sexual Satisfaction from her. Very bold words especially from our national player and so-call celebrity who is a role model for Malaysian sports scene. And upon divorce, now he had filed another lawsuit against her, to claim for all the expenses and etc. that they both used during the preparation for their marriage, which includes, the engagement ring, wedding ceremonies, including canopies, video and hotel rooms (sources from Malaysia Today) which totaled up to RM 53,460 and the law suit will be on March 23rd and 24th.
So guys, what do you think? Is it appropriate to bring up such a case if you are in this situation? My guesses goes like this, if you are from a small town in Malaysia, chances are high you will not. But from my Law friends knowledge, working in Sri Hartamas, every week they have at least 10-20 files to open, which nearly a quarter involves family or divorce law. Truly and sadly though, but YES. The culture in the more developed places in Malaysia is having this crisis, and my friend as a lawyer, had told his boss to not give him any lawsuits on divorce cases because on the surface we know, is all about the payment. But on the inner, the case that involved having children is so sad that, one party will demand more hours and days to meet the kids, while the other will only allowed a certain time and place for them to meet. It is just like how sad we can see Britney Spears case, in fact.
Back to our topic on Roslin is that, will you be daring enough to do what he did? Let's just talk on law and legal rights, comparing to emotional stuff. Will you be daring enough? For money or for rights?
The reason I discussed this is with the hope that I can find the answers. That their lawsuit are filed under the Syariah Court. And all I want to know is that, in Syariah court, is there rights that regard a husband must be fulfilled their sexual satisfaction or fantasies, in any or every way a lady could? Also, to be more debatable, in Syariah ruling, revealing the problem of a divorce due to sex, and is the reason conclusive?
I wrote in forum post regarding this issue, as this post won't just conclude the actual rights. I have wrote to Woman Aid's Organization, and on Sharia Law In Malaysia forum regarding this scenario for the ruling of civil and Syariah courts.
My questions are throw out this way,
To WAO,
1) For the wife side, as she is not the one that claim the lawsuit, and the lawsuit is in Syariah court, can she be claiming any rights for his man to disown her without knowing her properly?
2) Although the scope is in Syariah law, can she make another lawsuit on civil court for defamation and inability to understand her?
3) A pursuit on him, in any rights, or sections of a woman to say that Roslin behaviour is inconsiderate and did not respect the woman and her sexual ability?
And on the Syariah Forums,
1) Is it the rights of a MAN, to divorce their wife due to her inability to satisfy his sexual desire?
- addition question, "...in such a short period?"
2) Is there rights of a WOMAN, to counter stating that he did not give ample time for her to learn or cultivate the knowledge to satisfy her man? (as both are virgins, no sexual experience, I believe)
3) Also, in Syariah ruling, is the WOMAN allowed to pursuit a legal suit not just in civil court, but Syariah as well due to defamation of her?
We have to know the contain, as back in 2003, Divorcing through SMS or Text Message is allowed in Malaysia. Also in Saudi Arabia.
However, as speculation may be the forte of Financial Engineers, let's round this post up, before I update my post with the results from WAO and Sharia law forums, and law friends and even my lecturer. hehe..
For the rights of Uniten Nation's Convention on the Elimination of All Forms of Discrimination against Women(CEDAW).
From article 1 on "Discrimination on CEDAW",
PART I
Article I
For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.Apart from that, from South-East Asian Syariah Womens Rights, did mentioned the below
http://www.karamah.org/docs/Womens_rights_SEA.pdf
"The section 52(h) definition of unusual cruelty by the husband includes that the husband habitually assaults her or makes her life miserable; associates with women of ill-repute or leads an infamous life; attempts to force the wife to lead an immoral life; disposes of her property or prevents her from exercising her legal rights over it; obstructs her in the observance of her religious practices; or, if he has more than one wife, does not treat her justly and equitably as enjoined by Hukum Syara’. The husband may also apply for fasakh if the wife is incapacitated such that she is prevented from having sexual intercourse."
There are many sections and laws in Suhakam, Malaysia Bar for Civil Courts and Syariah Courts of Malaysia, thus, the point of views will come in the next update. But for now, on Roslin side, he probably have this section to back him up..
1. The rights of a husband in a marriage
It is often believed that once a woman is married, she is her husband’s property and the marriage contract is an entitlement to sex. Sir Matthew Hale, Chief Justice in 17th Century England wrote:
“ The husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband which she cannot retract.”Perak Mufti Dr Harussani Zakaria would seem to support this same thinking when he was recently quoted as saying that the act of a husband forcing his wife to have sex with him cannot be construed as rape and as a wrongdoing in Islam:
“A husband has the right to be intimate with his wife and the wife must obey. If the wife refuses, the rule of nusyus (recalcitrant) can be applied and the husband will no longer be responsible for his wife (23 Aug 2004, The Star).But honestly speaking, you love your wife not just because of sex only right, and definitely to divorce her with a reason because of displeasure in sex. I mean, it is not absurb but rather abnormal. It is not like any side is impotence that in Syariah law the lady have the rights to divorce. And in such a short period that is 12 days! For some people in Malaysia, maybe they don't even have sex even after married for 12 days, in fact! Simply, sex may not be the main thing for a matrimonial.
Because if sex is that important, so much important that you might be afraid to land like how Tiger Woods did, 14 ladies, with lots of prostitutes and pornstars. But personal or emotional opinions are not debatable in LAWSUIT, unless you have evidence. That's why we need religious laws like Syariah or the Book of the Bible. In Catholic faith, once you divorce, you are straight going to hell when you die. Because in the Book of the Bible, stated in Corinthians or Thesolonians, as far as I remember, when you are having Holy Matrimony or simply, Marriage, two hearts will become one. So if you break up and divorce, each of you have only HALF a HEART, thus, you are in-human!
While looking on the poor wife, I believe Woman Aid Organization might have a good advise if this scenario reach out of hand. Let's hope for the best and pray that this type of scenario won't happen that often in Malaysia anymore.
References:
- http://www.sistersinislam.org.my/
- http://www.un.org/womenwatch/daw/cedaw/
- Karamah Undated, Women’a Rights Within Islamic Family Law in Southeast Asia, Karamah website. (http://www.karamah.org/docs/Womens_rights_SEA.pdf - Accessed 27 July 2005)
- http://www.wccpenang.org/files/docs/syariah-divorce.pdf
- http://en.wikipedia.org/wiki/Sharia#Illegal_sexual_relations:_Adultery.2C_Fornication_and_Homosexuality#Illegal_sexual_relations:_Adultery.2C_Fornication_and_Homosexuality
- http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
- http://www.mrt-rrt.gov.au/docs/research/MYS/rr/MYS17446.pdf
- http://www.lawnet.sabah.gov.my/viewdoc.asp?id=sabahlaws&title=Syariah_Laws&document=statelaws/IslamicFamilyLaw1992.htm
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