misuse of premises

something tickled my funny bone when i read it today.

in the case of ho kean kong lai soo [1974] 2 mlj 63, the federal court found that a boy who exposed his privates to his landlord's daughter was not guilty of misusing the premises for "immoral purposes".

the relevant quote from raja azlan shah fj's judgment:

Therefore if I rent a room to live in it, I may be said to use the room. But if I exposed my private parts at another person who happened to be in my room, or to put the case nearer home, if I exposed my private parts at another person in an adjoining room, it is a misuse of language to say that I am using, the room for the purpose of exposing my private parts. Similarly if I steal an article belonging to a neighbour, it will the height of absurdity to say that I use my room for the purpose of committing the offence. In other words, there must be some link between the guilty act and the premises which are the subject matter of the proceedings for possession. The phrase “use. . for illegal or immoral purposes” necessarily implies a deliberate use, a designed choice of the thing used for the purpose in hand. The premises must, in my opinion, have been used as a “spring board” or “launching ground” to commit the offence.

LOL

Nusyuz Officially Explained

The following extract was taken from:
http://www.kpwkm.gov.my/mal/soalan.shtml

The website is the Government Ministry of:
Kementerian Pembangunan Wanita, Keluarga dan Masyarakat.

Simply translated to English:
The Ministry of Upbringing of Women, Family and Society.

The Minister in charge of this portfolio is: Datuk Seri Shahrizat Abdul Jalil !



The following text is found at the website:

6. Bagaimanakah hak nafkah seorang isteri itu boleh gugur?

Hak nafkah seorang isteri itu boleh gugur jika dia nusyuz atau enggan menurut perintah suami.


7. Apakah yang dimaksudkan dengan nusyuz?

Nusyuz ialah keengganan isteri untuk menurut kemahuan dan perintah suami seperti menjauhkan diri daripada suami, meninggalkan rumah suami atau enggan berpindah bersama suami tanpa sebab yang sah mengikut Hukum Syara'.


8. Bilakah tempoh penerimaan nafkah akan tamat?

Tempoh penerimaan nafkah akan tamat apabila pemberi (suami) atau penerima nafkah (isteri) meninggal dunia atau isteri telah didapati nusyuz.


9. Adakah seseorang isteri itu berhak untuk menerima nafkah sekiranya dia tidak lagi menjadi nusyuz ?

Ya, seseorang isteri itu adalah berhak untuk menerima nafkahnya sebaik sahaja si isteri itu tidak lagi nusyuz.

Here it is in plain English:


6. When does the right of a wife to maintenance end?

It ends when the wife is nusyuz or does not obey her husband.

7. What is meant by "nusyuz"?

Nusyuz is the reluctance of the wife to obey her husband, such as avoiding her husband, leaving her husband's house, or reluctance to move with her husband without any lawful reason under Hukum Syara' (Syariah).

8. When does the period of receiving nafkah (maintenance) end?

It ends when the giver (husband) or recipient (wife) dies, or the wife is found to be nusyuz.

9. Is the wife entitled to receive maintenance (nafkah) if she is no longer found to be nusyuz?

Yes, she is entitled to receive maintenance (nafkah).


So, little boys and girls, it seems that the concept of nusyuz only applies to Muslims. No fear of it being extended to non-Muslim women, as of yet.

O woman! Thy lot art a sorry one!

Malaysia on marital rape

what is "Nusyuz"?
No, nothing to do with "shoes".
Nothing to do with a new fangled product from Nike or Adidas.

It's everything to do with the obligation of a woman...
... to obey, submit and please her husband.

Such is the lot of the Muslim wife.

Perak State Mufti Harussani Zakaria has been quoted:

"A husband has the right to be intimate with his wife and the wife must obey ... If the wife refuses, then the rule of "nusyuz" (disobedient) applies and the husband is not required to provide financial assistance to her."

So, how does SUHAKAM ( Malaysian Human Rights Commission ) feel about it?
Suhakam has been said to be purely able to make recommendations only.
It has no binding effect on Parliament.

Observe the following quote from the Star:

Violence and cruelty on others, including wives is unacceptable to all religions, said Suhakam commissioner Prof Datuk Hamdan Adnan.

Rebutting Perak Mufti Datuk Dr Harussani Zakaria’s allegation that it was influenced by western ideology by suggesting that husbands who forced their wives to have sex with them be charged with rape, Suhakam said no religious teachings allowed anyone to be cruel to another person.

“The allegation is amusing. No religion condones violence. The prophet set out guidelines on how one should treat his or her spouse.

“When you talk about the rights of husbands what’s important is that there does not occur wife battering,” Hamdan told reporters at Suhakam’s office here yesterday.

One thing I feel that Malaysia lacks:
A Human Rights Act!!

We do however have a SUHAKAM Act...
How odd.

Women's organisations are scrambling to agree with SUHAKAM, however.

All Women's Action Society agrees:
http://rsi.com.sg/english/newsline/view/20040824180628/1/.html

As does SALWA ( Sabah Women Muslim Lawyers Association ):
http://www.dailyexpress.com.my/news.cfm?NewsID=28986


Note on the above image: "SA" refers to "South African".

that mystery caller

that mystery caller
that calleth to the called
is bound to get a holler
when he gets discovered.

frantically hooking up

he called to invite
his potential bride
to a meeting light
on a saturday night.

to propose and to dispose
the meaning of his purpose:
to find a suitable spouse
to tend to him and house.

but now she tells me this:
for a second time in a week
a postponement did she seek;
her appointment she could not keep.

the reason for it is:
as politics doth creep
into our lives they seep:
a drowning in the deep.

my alma mater -- reunion desu ka?

to many the years at school remain etched in loving memory.
we ascribe to our formative years, the traits that are our forte...
and sometimes, those traits that are our shortcomings :-)

this trend has been set, in the 80's, with so many "Back to School" movies.
School reunion movies, where nerds are depicted as businessmen...
... and school jocks are portrayed as good-fer-nothings.

Witness the rise of "Charles Grandy" in "13 Going 30" (Jennifer Garner is hot!)
The hot bloke winds up being a taxi driver.
And the chubby neighbour turns out to be a hottie; a bohemian photographer living it day to day in the hubbub of life, in the crucible of New York.

Enough social commentary already...
I, Mr. Nerd 1995, have not yet graduated to Bill Gates status!

Oh well, to all the bitterness in secondary school, i say: Au Revoir!

For now the alumni will be formed (hopefully!).
And there will be a meteoric rise of heroes.
A new day to add to our calendars (thank god for Mozilla).

And here is the rambunctious link that irked me into this rambling soliloquy (not quite Macbeth, but, still as full of questions!):

http://smksp.sparcus.net

The face off is on Sept 19, 2004.

Recall now that quote, that line, in Hellboy:
"Again, in my life time, they come... Only this time, I am not sure if I can fend them off..."

Well, maybe not exactly those words, but you get the idea.
It's the aged professor, who, bent with time, inspects the corollary damage in the museum...
.. and finds that the deuce of a villain (and his quizzical assistant, the wind-up man) and his germainic lover (temptress, vixen, siren?) are back to rock the world to smithereens.

And hence that cryptic line...

iCal envy

i have an account over at spymac.com...
unfortunately the email seems to hv faded away into nothingness.
ah... how very enlightening.

in any case i also blog there.
but... that service seems to be in a constant state of flux.
no point wasting my resources on it?

there is a service i find interesting.
it's called ... iCal.
mac users apparently hv an icalendar.

what do us pc users hv?

i am looking at mozilla's calendar project.
http://www.mozilla.org/projects/calendar/

also, i'm looking at event sherpa and time calendar...
both available at www.snapfiles.com

time calendar looks good, promises 20 layers...
but unfortunately the freeware edition (time calendar LE) has only 2 layers.

oh well...
i'll give mozilla a go.

what my dad said

you look around and you see the sky
you look in the mirror and you dont ask why
you hv to work from day to day
work so hard just to get your pay

clarification

just to clarify some things.
The poem abt my mom being robbed...
that one happened a long time back.
Last year.
Two indons, just like the poem said.

the stunner bend

while alice is stuck in wonderland
kevin is lost in blunder land.
what's that you say? "Hey -- bummer, man."
like a racer negotiating the stunner bend
i keep hoping that this wont get out of hand.
that luck keeps shifting like only it can,
that eventually i'll drift to the subtler blend.
is it time now? to drop pretense?
to surrender and give in without defense?
i hope it turns out, i'll be a better man;
even though i think about it now and then...
the things that people don't understand,
the things that happened that were never planned.
perhaps now, it's time, to keep it canned;
perhaps i will exhaust your attention span?