Sanggupkah Anda Menderma??? - Terengganu

Special
Edition
Sanggupkah Anda Menderma???
Pemindahan organ adalah satu kaedah rawatan dalam
dunia perubatan moden yang terbukti berkesan
merawat pesakit. Pendermaan organ ialah satu proses
mendermakan bahagian tubuh badan seseorang kepada
orang lain. Ia melibatkan pembedahan dan pertukaran
organ yang rosak dengan organ baharu daripada seorang
penderma. Dari perspektif Islam, hukum pendermaan
organ adalah harus sebagai amal jariah dan agama lain
juga mengiktiraf pendermaan organ sebagai sesuatu
yang mulia kerana dapat menyelamatkan nyawa.
Akta
Tisu
Manusia
1974
membenarkan
penggunaan
bahagian tubuh
anggota
orang
yang mati untuk
tujuan perubatan,
penyelidikan
dan pendidikan.
Walau bagaimana
pun, kebenaran
dari
keluarga
waris diperlukan
sebelum ianya dilakukan. Pada Jun 1970, Majlis Fatwa
Kebangsaan mengharuskan pendermaan organ dengan
syarat ia tidak melibatkan jual beli dan perniagaan.
Secara umunya, organ yang boleh didermakan ialah
buah pinggang, jantung, hati dan paru-paru. Manakala
tisu pula terdiri daripada mata, tulang, kulit dan injap
jantung. Terdapat dua jenis sumber penderma organ
iaitu daripada daripada penderma yang masih hidup
dan penderma yang telah meninggal dunia. Kebanyakan
pendermaan organ dan tisu adalah selepas kematian
penderma. Jika penderma masih hidup, ia biasanya
melibatkan pendermaan dikalangan ahli keluarga dan ini
hanya untuk pendermaan sebahagian hati, buah pinggang
dan sum-sum tulang sahaja.
Penderma ‘kadaverik’ atau penderma yang telah
meninggal dunia adalah amat digalakkan kerana ia tidak
memberi risiko kepada penderma. Hanya penderma yang
mati otak boleh menderma. Majlis Fatwa Kebangsaan
pada tahun 1989 telah menerima diagnosis mati otak
sebagai diagnosis untuk kematian. Penderma mati otak
adalah penderma yang disahkan meninggal dunia di
hospital. Mati otak berlaku apabila tiada peredaran darah
dan oksigen ke otak yang menyebabkan otak tidak dapat
mengawal perjalanan darah dan fungsi seluruh badan.
Disediakan oleh
Noorimah binti Misnan dan Rosmawati Abdul Rahman.
Mereka tidak bernafas dan tidak ada tindak balas. Jantung
mereka berfungsi kerana sokongan mesin pernafasan
dan pada masa inilah organ-organ dan tisu badan yang
lain boleh digunakan untuk orang yang memerlukan.
Prosedur mati otak dilakukan oleh dua orang doktor
setelah menjalankan dua ujian yang telah ditetapkan.
Jika mereka yang mengalami mati otak adalah pengikrar
penderma organ, mesin akan diberhentikan di dewan
bedah sebelum organ diambil oleh doktor pakar mengikut
protokol yang telah ditetapkan. Hanya organ yang sihat
sahaja akan diambil untuk tujuan pendermaan.
Di Malaysia penderma hendaklah berumur 18 tahun
keatas dan perlu mendaftar dengan mengisi borang
akuan penderma dengan Pusat Sumber Transplan
Nasional, Kementerian Kesihatan Malaysia. Penderma
akan diberi kad sebagai pengikrar penderma organ dan
mereka dinasihatkan untuk menyimpan kad tersebut di
dalam dompet supaya mudah diketahui bahawa mereka
adalah seorang penderma. Bagi memudahkan proses
pendermaan, penderma juga dinasihatkan berbincang
dengan keluarga dan waris tentang niat mereka supaya
keluarga mengetahui hal ini. Bagi penderma yang
berumur kurang dari 18 tahun, mereka perlu mendapat
izin bertulis daripada ibubapa atau penjaga. Kini, orang
ramai boleh mendaftar sebagai penderma organ secara
online dilaman web ‘A Gift For Life’.
Di Malaysia, seramai 17 ribu pesakit seluruh negara masih
menunggu organ yang didermakan oleh orang ramai.
Namun, pendermaan organ masih rendah iaitu 0.81
peratus daripada jumlah keseluruhan rakyat Malaysia.
Kerajaan telah menjalankan kempen-kempen untuk
menigkatkan kesedaran orang ramai tentang kepentingan
pendermaan organ. Program Promosi Pendermaan Organ
juga mendapat sokongan dengan pengelibatan pelbagai
lapisan masyarakat, NGO, pertubuhan agama serta
agensi-agensi awam dan swasta. Kerajaan juga telah
melancarkan laman web www. dermaorgan.gov.my bagi
menyalurkan maklumat kepada orang ramai.
Menderma adalah mudah bagi setiap orang yang mampu
namun tidak bagi pendermaan organ. Diharapkan dengan
usaha yang dilakukan oleh kerajaan, makin ramai rakyat
Malaysia prihatin dan tampil sebagai penderma.
Sumber : Pusat Sumber Transplan Nasional, KKM.
Patrons :
PM Dr. Baharom Bin Ab. Rahman
Advisor :
Jusniza Abdul Jamal
Editorial Board:
Editor:
Ernie Melini Mohd Jamarudi
Contributors:
Emeritus Professor
Datuk Dr. Shad Saleem Faruqi
Special Notes From
the Editor’s Desk
After a long silence, the law mates have gathered and put all effort to this
special edition of Legal Digest. And having me as the editor of this special
edition, we have come out with serious issues that are happening in the academic
institutions regarding our integrity. Regardless of the availability of laws and
regulations enforcing the integrity of academia in person, poor enforcement
indeed exist. Read out the piece from our Legal Advisor, Emeritus Professor Datuk Dr Shad on this matter.
Jusniza Abdul Jamal
Rosmawati Abdul Rahman
Syafini Muda
Shahariah Harun
Noorimah binti Misnan
Siti Marina Amit
Wan Mardiana Wan Musa
The story of Malaysian parents’ predicament in Sweden has enlightened
our former Chief Editor, Jusniza Jamal to write on and discussed the
legal status of corporal punishment on kids in Malaysia. Other legal authors
touched on whether is it necessary to have Jihad among children as evidenced
in Palestine and there are more stories beautifully written by the law mates
which it is a must read!
I would like to express my special gratitude to every member of the Law
Faculty for their endless effort and greatest contribution in producing this
fifth volume of Legal Digest (special edition) this year. Thank you very
much for the trust and support that you have gave me. Also, not to forget,
UiTM(Terengganu) publication teams lead by Encik Zairie, you
have done a great job too.
Last but not least, I bid my farewell to the law mates and thank you for
everything...
With Love,
Ernie Melini Mohd Jamarudi
I believe we are living in an era where canning and
spanking are not necessary anymore. I used to own a
cane but I haven’t used it for a long time and now it is
nowhere to be found…hidden by one of my four sons,
perhaps. My ex-neighbour, a UiTMT lecturer, once said
to me that it is no longer proper to cane or smack our
kids anymore. That was ages ago...
I remember feeling uneasy just a few weeks ago when I
saw a parent smacking her child in the public. Many of us
might have shared the same feeling but in Malaysia that
scenario is still normal. After all, we are the products of
the era where corporal punishment is far too common
and we’ve grown up to be fine human beings despite all
those beating episodes.
Reading about Azizul Raheem and Shalwatie’s
predicament in Sweden has made us ponder about
our culture that still practices corporal punishment.
Are their actions still acceptable because our society
condones them or is it high time for us to change? The
fact that a certain practice or norm is acceptable does
not necessarily justify an act that has been widely
regarded as a crime.
The United Nations Convention on the Rights of a Child
(UNCRC), a human right treaty which sets out the civil,
political, economic, social, health and cultural rights of
children, defines ‘a child’ as any human being under the
age of eighteen, unless the age of majority is attained
earlier under a state’s own domestic legislation. It
also acknowledges the primary role of parents and the
family in the care and protection of children, as well as
the obligation of the State to help them carry out these
duties.1 Consequently, any nation that ratifies this
convention is bound to it by international law. Malaysia
is one of them.
The UNCRC afforded four types of rights to all children
without discrimination of any kind. This is guaranteed
by Article 2 of the convention. Those rights are ‘Survival
Rights’, ‘Development Rights’, ‘Protection Rights’ and
also ‘Participation Rights’. The Protection Rights ensure
children are safeguarded against all forms of abuse,
neglect and exploitation. The UNCRC also forbids capital
punishment for children. Hence, the obligation of all state
parties to prohibit and eliminate all corporal punishment
and all other cruel or degrading forms of punishment of
children. However, as we know, corporal punishment is
still legal in Malaysia as a ratified state can ratify the
UNCRC subject to reservations or interpretations.
Corporal punishment, as defined by Wikipedia, is a form
of physical punishment that involves the deliberate
infliction of pain as retribution for an offence or for the
purpose of disciplining or reforming a wrongdoer or to
deter attitudes or behaviour deemed unacceptable. The
term usually refers to methodically striking the offender
with the open hand or with an implement, whether in
judicial, domestic or educational settings. UNCRC simply
defines corporal punishment as any punishment in which
physical force is used and intended to cause some degree
of pain or discomfort, however light.
Corporal punishment has been outlawed in 34 countries
as of 2013, starting with Sweden in 1979 where the
prohibition applies to all spheres of life i.e. in homes,
schools, the penal system and alternative care settings.
On the other hand, in the United States, most African
countries and all Asian nations (except Israel), spanking,
whipping, smacking or slapping by parents is still legal.
In some other countries, whilst corporal punishment is
legal, it is restricted in certain ways. For example, blows
to the head are outlawed or implements may not be
used or only children within a certain age range may be
spanked. In the United Kingdom, spanking and smacking
is legal but it must not leave a mark on the body.2
In Malaysia, corporal punishment is still lawful in schools
but only for boys and must be conducted in confined
areas. Parents must be informed and invited to witness
the punishment. No public canning is allowed after
the Education Regulations (Student Discipline) 2006
came into force. However, it is still common even for
girls to be canned on their palms for not doing their
homework. Boys aged 10 to 18 may be sentenced up
to ten strokes with a light cane as part of a criminal
sentence ordered by a court of law under the judicial
corporal punishment.
Themalaymailonline.com, dated 22nd February 2014,
reported that child right groups are now demanding
corporal punishment be outlawed in Malaysia following
Azizul Raheem and Shalwatie’s case in Sweden. P.
Nagasayee Malathy, the executive director of Protect
& Save the Children, said that they don’t agree with
the view of the parents that they can smack or punish
their children lightly since there is no measurement to
define what is light and grave when it comes to corporal
punishment and abuse to children. Well, as a Muslim,
I believe that Islamic teachings provide us with very
clear guidelines as to how to discipline our children
when employing corporal punishment.3
http://en.wikipedia.org/wiki/Convention_on_the_Right_of_the_Child
Jump Up^ “Global Progress”, Global Initiative to End All Corporal Punishment
of Children (2012)
3
http://en.wikipedia.org/wiki/Caning_in_Malaysia
1
2
By Jusniza Abdul Jamal
DON’T SPANK ME, MOMMY….
Nabi Muhammad (Sallallahu Alayhi Wasallam) once said
to Hadhrat Mu’aaz bin Jabal (Radhiyallaahu Anhu), ‘let
your rod be hanging on them (children) as a warning
and to chastise against neglect of their duties to Allah’
(Ahmad; Tabraani-Kabeer). This Hadith clearly allows
the use of corporal punishment in disciplining children.
Mufti Z. Bhayat in his article entitled ‘Upbringing
of Children, Disciplining of Children – An Islamic
Perspective’ made a very interesting analogy regarding
this matter. He stated ‘If a child is physically ill, no
amount of pain the child may experience will deter
parents from ensuring that proper medical treatment is
administered to the ailing child. Yet, it is most surprising
then, that the very same parents cringe at the thought
of disciplinary treatment for a child who is morally and
mortally ill in terms of his behaviour.’4
Even though corporal punishment is clearly permitted
in Islam especially in making sure our children perform
the salaah (prayers), canning should always be the
final resort. According to Mufti Z. Bhayat, the first and
foremost rule is to never punish a child in the state of
anger or emotion because the outcome of uncontrollable
rage can be disastrous. Secondly, it is forbidden in Islam
to strike the face, head or any other sensitive part of
the body, let alone inflicting wounds, weal or bruises to
any part of the body. ‘If the limits are transgressed in
any way, even by a single stroke, such a person will be
regarded as sinful.’ (Hadhrat Mufti Kafaayatullah R.A)
Plutarch once said that children ought to be led to
honourable practices by means of encouragement
and reasoning and most certainly not by blows or illtreatment. This statement was from the year of 1927.
It just proves that it has been acknowledged long ago
that there are other ways in disciplining children since
repeated punishment may lead to lifelong psychological
effects on them. Denying them certain privileges are
one of the favourable methods, even though it might
not work on certain children. On the other hand,
absolute prohibition of corporal punishment in Malaysia
is perhaps not the best solution as I still believe that
parents should have total control over the upbringing
of their children. However, some measures have to be
considered in educating parents about the circumstances
where corporal punishment is permissible so that cases
of child abuse can be reduced and perhaps be unheard
of one day.
4
http://haram wordpress.com/
LEGALLY WISE WORDS
Extracted By : Ernie Melini Mohd Jamarudi & Rosmawati Abd Rahman
Ke
nn
ed
y
“Change is
the law of life. And
those who look only to
the past or present are
certain to miss
the future.”
F.
Ro
“No man
is above the
law and no man is
below it: nor do
we ask permission
when we ask
him to obey
it.”
o
od
Th e
osevelt
“There is one kind of robber whom the law does
not strike at, and who steals what is most precious
to men: time.”
Napoleon Bonaparte
re
J o hn
“If you have ten thousand
regulations you destroy all
respect for the law.”
Winston Churchill
The plaintiff, a dapper looking man in a black suit, is ready. The
defendant, a woman in a chic Channel suit, is also ready. The
court is about to be in session. All it missing is the judge. While
waiting, the parties are whispering strategies with their own
team of lawyers. Suddenly, “All Rise... The Honourable Amit
Jaafar, presiding!”
B
A
arina
M
i
t
y Si
mit
All Rise...!!
If you think that this is a description of a scene from a blockbuster movie, then you are mistaken. This is
just my imagination running wild...that is if planning to direct a music video for a song entitled All Rise
by a British band Blue can be called wild! The song is not really my taste but what intrigues me about
this song is the fact that the whole lyrics stands on a premise of a trial in a court between a man and
his woman. It starts off like this:
Your honour please♪♫
Gotta believe what I say
What I will tell, happened just the other day
I must confess, cause I had about enough
♪I need your help, got to make this thing stop ♫
And before he starts presenting his case, the lyrics adds, “ I swear to tell the truth....” and his
presentation ends with a declaration “I rest my case”. Similarly, the trial procedure in a court
generally would start with the applicant or plaintiff opening his case by making an opening
statement. Basically, what this entail is introducing the Plaintiff’s own version of the dispute to
the judge by stating the facts, issues and questions of law to be determined. Then, the plaintiff
would proceed with calling of witnesses or expert or evidence into the court. These witnesses
would be examined in chief by Plaintiff, cross examined by Defendant and re-examined by
Plaintiff. After all the witnesses have been called, the Plaintiff would close/rest his case.
The song then describes what happen to the woman/ defendant now that she is on the stand:
♪♫You’re on the stand with your back against the wall
nowhere to run and nobody you can call
I just can’t wait, now the case is open wide ♫
you’ll try to pray but the jury will decide♪
In reality, the defendant would either proceed with her opening statement or straight
away call her witness. If she decided to give evidence personally, then she usually would
be called first. As in this song, the defendant decided to take the stand personally and
there seem to be no other witness she could call. These witnesses would be examined
in chief by Defendant, cross examined by Plaintiff and re-examined by Defendant.
After all the witnesses have been called, the Defendant would close/rest her case.
Next, both parties would make their closing statement by summing up their
evidence and making submissions of relevant law. The judge would either make
his ruling immediately following the trial or, in more complex cases, reserved
until a later date when the judge has reflected on the matter. As in this song, it
appears that the jury (not applicable in Malaysia since it has been abolished in
1995 and FYI one of the last jury trial was in the trial of Mona Fendi) reserves
his decision when the lyric states, “I lay low, leaving all my options open
wide. The decision of the jury has not been spoken...”
There you have it, what happen in the court in a nutshell. So, what do you
think? Fascinating right? I used this comparison to explain the working of
the court in my class and my students got very excited by it. They usually
listen to song in BEL classes but never during LAW period. I wonder what
a pop song base on electrical or management or public administration
sounds like.....hmmm..... Any takers?
ACADEMIC
INTEGRITY
AND ETHICS
By Emeritus Professor
Datuk Dr. Shad Saleem Faruqi
Membership of the academic profession carries with it
special responsibilities towards students, colleagues, the
university and the community. One such responsibility is
to observe integrity and ethics in the discharge of one’s
academic duties.
• It has distorted the perception of what ownership
of information entails. Previously information was
created by individuals. Now information is more
of a communal property, indicating the rise of a
sort of “collective intelligence”.
Academic integrity is the moral code or ethical policy
of academia. It relates to the maintenance of the high
ethical, professional and legal standards of a university
and of the broader community in which we function.
We need to put our heads together to see how to
confront this challenge and whether to reshape our
notions of academic integrity.
It is a vast and expanding area. It straddles many shores
within which the waters of ethics, economics, law and
technology intermingle.
The university scene is one of creative ferment. There
are evolving perceptions of the university’s activist
role in social change. Universities are now immersed
in town-gown relationships. There is a new emphasis
on industry-varsity synergy. Tertiary education is deeply
influenced by the rise of information technology.
It is hardly surprising, therefore, that new issues are
coming to the fore. An important one is the challenge
and opportunity of cyber sources of information.
• Technology has greatly expanded the traditional
methods of teaching and learning.
• It has made large amounts of information
available, at the touch of a button, to millions of
people simultaneously.
• It has taken the search out of research. Previously
we relied on direct sources to obtain material;
now a large amount of information, some of it
of dubious quality, some of it with no stated
authorship, is available at our finger tips.
From amongst a large and expanding area, the following
issues of academic integrity can be highlighted:
• Honesty and rigor in research and academic
publishing
• Plagiarism
• Avoidance of cheating in examinations
• Maintenance of academic standards
• Investigation of academic misdemeanours
• Remedial and punitive aspects of the law
Honesty and Rigor in Research and Academic
Publishing
All academicians are required to produce original
research. With this new demand, questions of research
integrity come to the fore. Our conviction in the worth
of advancing knowledge and our commitment to honesty
in the pursuit of truth has to be emphasised. A Code
of Ethics for Research in Education must be devised or
revised that could, among others, address the following
issues:
•
A large part of research financing inevitably
comes from external organizations (i.e. the
government and industry). This creates the
temptation to sacrifice impartial truth in order
to please the client who is paying for the
work. This problem is well documented abroad
in research involving the pharmaceutical,
automotive and airline industries. One way to
mitigate the problem is to have elaborate rules
for declaring sources of revenue and disclosing
clients’ interests. How far such disclosures work
is open to question. From the legal perspective
what can be stated is that any UiTM staffs who
allow his outside professional activities or private
financial interests or the receipt of benefits from
third parties to outweigh his commitment to the
university can be prosecuted under Act 605.
•
A more insidious problem is when the outcome
of one study is withheld so that the sponsors of
other studies are not uncomfortable.
•
In many parts of the world, research supervisors
feel that being a supervisor entitles them to put
their name as a lead author or co-author of their
students’ articles and seminar papers. There are
clear problem of ethics here. Mere supervision,
direction, correction, or help with sources and
materials does not entitle a supervisor to claim
authorship of his student’s work. Intellectual
ownership is a function of creative contribution
NOT of formal relationship or status. Only those
who made substantial creative contribution to a
product are entitled to be listed as authors.
•
Editors, reviewers and appraisers should not,
normally, be allowed to claim joint authorship.
•
If supervisors partly appropriate their students’
work, that leads to a further problem. The
student cannot use that work in his thesis except
to refer to it as he is not the sole creator of that
work.
•
In recent years due to the “publish or perish
policy” many academicians are prepared to pay
to have their articles published in some journals
with mercantile motives. It is the practice of some
foreign journals to appoint roving “external” or
“overseas editors” who entice aspiring people
from all over the world to submit articles for a
fee. The fee is then shared between the editor
and the journal. University Boards must look
carefully at these journals that are converting
academic publishing into a lucrative business.
•
Another questionable practice that has recently
been brought to the attention of some university
authorities is that academicians from diverse
fields often team together to produce a joint
article. A lecturer familiar with research models
may do the research model. Another lecturer
from the field concerned may do the actual
research. A statistician may do the analysis of
data. A language lecturer may do the actual
writing. Another team member may do the
footnotes etc. All five will then share the cost
of submitting the article to a journal that
demands a fee. The end result is that people
are “publishing” in areas quite outside their
competence. University Promotion Boards need
to examine this practice.
•
An important issue is the conduct of a
sponsored researcher when he resigns from an
institution that sponsored his research. Rules of
confidentiality are in place but they are not easy
to enforce.
•
In many research projects, issues of privacy are
paramount.
•
Research financing raises important issues of
auditing and control.
•
A further issue is the liability of the university
when an employee receives an outside grant
and is permitted by the university to do the
outside work. If the university signs the research
contract, will it be held liable for the possible
negligence of the researcher? A way out is
to allow the grantee to sign in his own name.
However whenever the signatory signs as a
delegate of the university, it will be difficult to
escape liability. Insurance coverage is therefore
needed. Asking the researcher to indemnify the
university is unlikely to work.
•
There are environmental, health and safety
considerations in most scientific research.
•
The research design should minimize the risk of
significant harm to the participants, including
loss of privacy. The plan and costing of research
should include provision for the remedying of
harm.
•
What constitutes legitimate and morally
acceptable research is open to debate. One
test is consequentiality. Are the consequences
desirable? The other test is deontological.
Are the actions right or wrong on some higher
criterion of morality, justice, human flourishing
etc.
•
Trivial research should not be financed. The
cost of the project must be measured on a costbenefit analysis.
•
The claim that the topic or issue “has never
been investigated” is often exaggerated.
•
Deception of participants in a research and
secrecy towards them should never be allowed.
•
Researchers who criticize other researches
should maintain decorum and respect of the
other. Views must be engaged. Persons should
not be demonized.
•
There are significant issues about the ownership
of research processes and results. There are
conflicting claims between the sponsoring
institution or institutions, the university or
universities where the actual research was
conducted, the supervisor or supervisors
involved and the scholar or scholars who did the
work. This is a complex area of copyright and IP
and requires detailed study.
Plagiarism
• Perhaps,
specialized
peer
investigating
committees - separate for staff and separate
for students - are needed. In some universities
student committees on plagiarism are called
Student Honor Councils.
How to cope, in an age of technology, with plagiarism
in student and staff writings is a massive challenge.
An ethics crisis exists everywhere. The internet has
made things worse because it has provided a quick
and relatively easy way to cheat. Twenty-first century
forces are affecting academic integrity. Our rules and
guidelines need to catch up with current problems.
• In extreme cases of breach, the law of copyright
will have to be invoked. One must note that
plagiarism and copyright violation is not one and
the same thing. Copyright offences can exist
even if there is no plagiarism. Likewise there
can be plagiarism even if there is no breach of
copyright.
Through ongoing education we need to improve
awareness of the ethical and legal norms in this area
and of the consequences of academic dishonesty.
Avoidance of Cheating in Examinations
At the end of every semester exam, the legal office
at UiTM, as at other universities around the world, is
inundated with hundreds of reports of students using
unfair means in the exam hall.
Technology is helping students in an examination hall
to find newer, illicit ways of electronic communication
with outsiders. To mitigate the problem, let us move
towards an open book system. This will require a totally
new approach towards exam-paper setting.
• We need to devise Honour Codes, teach about
academic integrity in ethics classes and note
issues of integrity in our syllabi.
• Internet citation is more complex than citation of
print materials and needs to be taught.
•
More software systems like VeriGuide (Taiwan),
Turnitin etc to detect plagiarism need to be
devised or imported. At UiTM postgraduate
students are required to precheck their work and
make a prior declaration before submission of
their thesis. Perhaps this evaluation system needs
to be extended to undergraduate assessments
and to all staff publications. The practical
implications are massive.
• If all the above fail then the laws relating to staff
and student discipline must apply. For the staff, it
is Act 605. For students, it is Act 174. These laws
are quite adequate in their content though the
machinery for their enforcement is inadequate to
the gigantic task.
Maintenance of Academic Standards
This is connected with the comprehensiveness, depth
and breadth of the knowledge we seek to impart to our
wards.
Our syllabi must be up to date and even futuristic.
• Our reading list must be broad-based. It must seek
to broaden horizons. It must remove blinkers.
• A study plan must be communicated to the
students. (We do that at UiTM)
• However, we need to be cautioned that in much
of Asia and Africa, our education system is too
narrowly conceived. It is too West-centric. It apes
Western universities and shows ignorance of Asian
and African contributions to knowledge.
•
This is in no way to suggest that the scintillating
contributions to civilization of Europe and America
must be ignored. It is meant to draw attention
to the fact that in Asian universities and in Asian
societies, intellectual discourse suffers from
three debilitating tendencies. First, the Western
worldview and its assumptions are blindly aped.
Second, we are ignorant of Asian and African
roots of knowledge and Eastern contributions to
civilization. Third, there is hardly any critique of
Western theories of law or economics or medicine
in the light of our own realities.
• This prevents us from tackling our own problems
like poverty and unsustainable development.
• The relevance of this point to today’s confabulation
is that in every university worth its name the
bouquet of knowledge must be filled with flowers
from many gardens. It is a sort of misrepresentation
for a university anywhere in the world to offer a
course, let us say, in jurisprudence, and teach only
Anglo-American legal philosophy to the exclusion
of Chinese, Indian, Middle-Eastern, Persian and
African views on sublime issues of law. Fifty-five
years after independence, Malaysian universities
need a Merdeka of the mind.
• Another serious problem is that “liberal education”,
by which I mean the humanities and the arts, are
being cut away in virtually all universities around
the world. We are busy producing useful machines
rather than complete citizens who can criticize
traditions and understand the significance of
another person’s sufferings and some critical issues
surrounding humanity. The quality of education
suffers as a result.
Investigation of Academic Misdemeanors
• Around the world, staff with fake degrees crop up
now and then.
• Students with forged certificates are discovered.
It is up to the university to take disciplinary action
and/or report the matter to criminal authorities.
Both types of actions are allowed under the
law. There will be no double jeopardy under our
Constitution’s Article 7(2).
• Everywhere rules exist on conflict of interest
situations between staff and students.
• The ‘sex for grades’ trial in Singapore is an
illustration of a form of corruption.
•
Attempts by staff to inflate the grade of their
favoured students or relatives are not unheard of.
Leak of examination papers does take place now
and then. This is not just a disciplinary matter but
a criminal offence
•
A gray area is the giving of exam tips – what and
how much can be revealed?
• As teachers, academicians must encourage the
free pursuit of learning in their students. We must
demonstrate respect for students as individuals
and act as guides and counselors and not as
dictators dictating the truth. During the marking
of the exam script it would be improper to
downgrade or fail a student because his views are
unacceptable to the examiner. As long as opinions
are argued logically, consistently and clearly, they
should be credited. In the context of a university
we must accept that truth is multiple. There are
many views of the garden. Examiners, at least
in the humanities and social sciences, should be
concerned with the journey, not the destination;
the process of arriving at the answer and not the
answer itself.
Remedial and Punitive Aspects of the Law
At UiTM, elaborate rules of staff and student discipline
exist with two Acts of Parliament
- Act 605 for staff and Act 174 for students.
The laws allow for full and fair investigation of charges,
notice to the accused, due process of deliberation and
a system of appeal.
The main challenge of the law is that the present
institutions and committees cannot cope with the
magnitude of the task of plagiarism by students (and
by staff). New techniques need to be devised.
Perhaps a whistleblowers provision from the national
law needs to be incorporated in our university law.
Perhaps issues of plagiarism should be handled by
student and staff peer committees. Our overburdened
Ethics Committee needs to be strengthened. Either its
role should be broadened or it must receive assistance
from a number of other Sub-Committees.
Kanak-Kanak ISLAM
&
JIHAD
Disediakan oleh
Rosmawati Abdul Rahman, Syafini Muda & Shahariah Harun
Terdapat persoalan yang timbul berkenaan dengan kedudukan kanak-kanak dan remaja Islam yang berjuang atas nama
jihad; adakah tindakan mereka itu sama dengan seorang dewasa Islam atas alasan untuk mempertahankan agama,
bangsa dan negara? Adakah perjuangan mereka dituntut dalam Islam atau mereka tidak tertakluk kepada perintah jihad?
Jihad bermaksud ‘melakukan atau berusaha dengan segala kekuatan yang terbaik untuk mencapai sesuatu
kemenangan’ (Aqeel Hussein)i . Jihad sering disalahertikan sebagai satu perjuangan semata-mata sedangkan perkara
seperti menuntut ilmu, menjalankan pembangunan dan kemajuan hidup adalah satu tuntutan jihad.
Namun, apa yang hendak disampaikan di sini ialah jihad didalam pertempuran dan peperangan yang dilakukan oleh kanakkanak. Pada hari ini, kanak-kanak seawal empat tahun telah diajar untuk menunjuk perasaan dan membaling batu ke arah
tentera rejim. Mereka juga diajar menggunakan senjata dan membuat bom. Sekiranya mereka ditembak mati, adakah mereka
dianggap jihad syahid? Adakah perlu melibatkan mereka didalam kancah peperangan?
Pada ketika ini, kanak-kanak Islam sudah mengangkat senjata di beberapa negara yang berkonflik. Jika tidak mengangkat
senjata, mereka menjadi pembaling batu dan ada yang sanggup menjadi pengebom berani mati. Bolehkan mereka ini berjihad?
Menurut Ulama’ terkemuka, Yusof Al-Qardawiii , adalah perlu mengambilkira kebenaran ibubapa terlebih dahulu
sebelum mereka boleh berjuang atas nama jihad. Ini disokong oleh sebuah Hadith yang bermaksud;
“Diriwayatkan dari Abdullah bin Amr bin Al-As, datang seorang lelaki kepada Rasulullah dan memohon izin untuk
berjihad lalu Rasulullah bertanya,”Adakah kedua ibubapamu masih hidup?”, dan apabila dijawab oleh lelaki itu yang
kedua ibu bapanya masih hidup, lalu Rasulullah berkata,”Pulanglah dan berbuat baiklah kepada kedua-duanya”.
“Dari Abu Said meriwayatkan, telah datang seorang remaja lelaki Yaman untuk berhijrah ke Madinah untuk
bersama Rasulullah. Lalu ditanya kepada remaja lelaki itu oleh Rasulullah,”Kamu mempunyai saudara mara di
Yaman?,” Remaja lelaki itu menjawab,”Kedua ibu bapa saya di sana”, Ditanya lagi, “Adakah kamu mendapat
kebenaran mereka untuk berjihad di sini?. Remaja lelaki itu menjawab,”Tidak”. Lalu Rasulullah menjawab
kembali,”Pulanglah kepada mereka dan minta kebenaran mereka, jika mereka bersetuju, bolehlah kamu
berjihad, jika tidak, tinggallah di sana dan berbaktilah kepada kedua-duanya”.
Apa yang perlu difahami di sini restu ibubapa diperlukan bagi membolehkan mereka berjihad yang melibatkan senjata
dan pertumpahan darah. Menurut Chris Hedgesiii, hampir kesemua kanak-kanak Palestin yang berusia empat hingga
16 tahun menyatakan bahawa mereka mahu mati syahid. Walau hanya dengan membaling batu, mereka percaya
perjuangan mereka akan diterima Allah sebagai jihad.
Perjuangan kanak-kanak di Palestin ini mendapat restu dan sokongan padu daripada ahli keluarga mereka, malah ramai
ibu bapa menyatakan mereka merasa bangga apabila anak mereka mati sebagai pejuang. Mereka telah diberitahu dan
diceritakan sejak kecil lagi apa itu jihad dan tidak perlu takut untuk mati sebagai syahid.
Walaupun ideologi ini ditentang hebat oleh negara-negara Barat, namun ia sedikit pun tidak melunturkan semangat
kanak-kanak Islam ini. Mereka telah diajar oleh ibubapa mereka untuk berjuang dan ia adalah satu tanggungjawab
untuk mereka bangkit menyerang musuh apabila
diserang.
Jadi tidak hairanlah pada hari ini kita dapat lihat
bahawa ramai kanak-kanak Islam terlibat didalam
peperangan kerana sifat ini telah ditanam sejak
kecil lagi oleh ibubapa mereka. Mereka tidak takut
untuk mengharungi pertempuran sama seperti
orang dewasa dan percaya perjuangan mereka
tidak akan sia-sia sekalipun terkorban.
Jihad in Islam and Its Real Meaning, Discover Islam Publishing, Ontario, ms 45.
i
The Lawful and Prohibited in Islam, Islamic
Book of Trust, Kuala Lumpur, ms 235-236
ii
The Glamour of Martyrdom, The New York
Times.
iii
SUE NOW OR
REGRET LATER
By Ernie Melini Mohd Jamarudi
Most of the laymen are afraid to put forward legal action against the person who has harmed their rights. It does not
matter whether in the dispute of contracts; motor vehicle accidents; and crimes; mostly would prefer to delay taking
legal action. It is either they know their rights in the law but lazy to bring an action or they have no idea about their
rights hence no action is taken. Do you know that taking legal action have a time barred; especially civil action? Each
legal action taken would be time barred starting from the first time the incident accrued and this is stated under the
Malaysian Limitation Act 1953. For example, if you want to an action in negligence of motor vehicle accidents you
must make sure that it is within 6 years otherwise the claims would be useless and would be ignored by the Court!
Below is the table showing the limitation period of every type of legal action:Type of Action
Limitation Period
Claim in Contract
6 years from the date the cause of action accrues
Claim in Tort
6 years from the date the cause of action accrues
Land Recovery
12 years from the date from which a right of action
accrued to him
Rental Recovery
Recover Trust Property due to fraud
Recover Personal Estate of Deceased Persons
6 years from the date of arrears became due
No limitation period
12 years from the date of right to receive the share or
interest accrued
However, section 3 of the Limitation Act 1953 stated that these limitations would not apply to any action or arbitration prescribed by any other written laws. For example, although a Tort action has expiry of 6 years, if the Defendants
involved are government bodies, the limitation period shorten to 36 months as given in the Public Authorities Protection Act 1948. Hence, other written law which specifically prescribed certain limitation period of certain situation
and/or certain party would overrule the general Act of 1953.
Being ignorance in fighting for your rights might cause the other party i.e. the Defendant wins. This is because the
limitation period is a defence for a Defendant but it has to be specifically pleaded as a defence under the civil procedures as accordance to section 4 of the 1953 Act for such benefit. On the other hand, the Plaintiff should also be
aware of this defence and appropriately manage the time in taking action against the Defendant to avoid being the
lose party.
Disediakan oleh Noorimah Misnan
Aktiviti
FAKULTI UNDANG-UNDANG
Program Khidmat Masyarakat Ceria AidilFitri di Sek. Keb. Sura, Dungun pada 1/8/2013 bagi
meraikan 51 orang anak-anak yatim dan miskin Sekolah Kebangsaan Sura. Setiap murid menerima
sumbangan wang tunai beserta beg berisi peralatan sekolah dan makanan dengan jumlah
keseluruhan RM4000.00. Majlis dimulakan dengan ucapan oleh wakil Guru Besar dan Timbalan
Rektor HEP UiTM Terengganu. Cik Siti Marina menyampaikan ceramah motivasi selama satu jam
diikuti dengan penyampaian sumbangan Aidil Fitri. Terima kasih kepada semua yang terlibat
menjayakan program ini.