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

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
  

Facts that you hate: Sex in Thailand may not be legal, but in practise it is tolerated and regulated (sources from Wikipedia.org/Prostitution in Thailand). And from what we know, for a lady boy to service you, the price will start from 150 baht, while female service is starting from 300 baht!(sources from the hotel owner that I stayed in Phuket) Yes, it is, the FACT that you HATE!