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" Ketika hatimu terlalu berharap kepada seseorang maka Allah timpakan keatas kamu peritnya sebuah pengharapan supaya kamu mengetahui bahawa Allah amat mencemburui hati yang berharap selain daripada-Nya.

Maka Allah menghalang kamu daripada perkara tersebut agar kamu kembali berharap kepada-Nya "

Riwayat Imam as Syafie

Sunday 20 March 2016

Human Right in Federal Constitution under Part II - Human Liberties

Discuss on the various human rights enshrined by the Federal Constitution. To what extent are the rights being practiced?

Rights are essential for human survival because human cannot go on living to the fullest potential without it. Fundamental is a basic rule of a principle. Liberty is freedom to live that you choose without too much restriction from government and authority. Absolute rights have no qualification while conditional rights that are well-guarded against executive arbitration but they not against legislative interference.    

Article 5 protects right to life and liberty. According to this article, no person shall be deprived of his life or personal liberty except through the provisions of law. A person that may not be unlawfully detained must be informed of the ground of his arrest and must be produced before a Magistrate within 24 hours. The restraint for this article is government can entitled to stop individual from leaving or visiting country.

 Article 6 states about slavery and forced labour prohibited. No person shall be held in slavery. The restraint is working incidental to serving of imprisonment is not considered as slavery or labour force because it has been under the law as a punishment.

Article 7 protects against retrospective criminal laws and repeated trials. No person shall suffer greater punishment for an offence than was prescribing by law at the time it was committed. The restraint is the convicted can be subjected to disciplinary action by a domestic tribunal for the same offence, or being tried under difference statute.

Article 8 states about equality before the law and equal protection of the law. There shall be no discrimination against citizen on ground of religion, descent, place of birth, or in the appointment to any office. The restraint is article 153 allows reservation of quotas for Bumiputras. Attorney general has power to discriminate individual for public interest. Certain person enjoys immunity like monarch and diplomat.

Article 9 states that every citizen has the right to move freely throughout the federation and to reside in any part thereof. The restraint is this article subject to banishment order by the Deputy Minister of Home Affairs under S2(i) of Restricted Residence Act 1993.

Article 10 provides freedom of speech, assembly and association. The entire citizen has the right to freedom of speech, expression, assemble peaceably and form associations. The restraint is Freedom of speech Defamation Act 1957, Sedition Act 1948, Official Secrecy Act, Printing Presses & Publication Act 1984 and Freedom of assembly that has to satisfy the police that assembly is not prejudicial.

Article 11 states that every person has a right to profess and practice his religion and subject to clause (4) to propagate it. Every religious group has the right to manage its own religious affairs. The restraint is subjected to clause (4) that state and federal law may restrict the propagation of any belief among persons professing Islam.

Article 12 states that here shall be no discrimination against any citizen on the ground only of religion, race or place of birth. Every religious group has the right to establish and maintain institutions for the education of children in its own religion. The restraint is article 153 under Bumiputra quotas.

Article 13 describes the rights to property. No person shall be deprived of property save from law. No law shall provide for compulsory use of property without adequate compensation. However it has been subjected to acquisition by the government to receive fair and reasonable compensation.

Human rights should be maintained to ensure the harmony among the society as it inspires all to develop the country.


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