Fatihah Jamhari

‘ ALANGKAH besar bezanya bagi masyarakat bila kaum perempuan dididik baik-baik. Dan untuk keperluan perempuan itu sendiri, berharaplah kami dengan harapan yang besar supaya disediakan pelajaran dan pendidikan, kerana inilah yang akan membawa bahagia baginya .’ – Raden Ayu Kartini Ario Sosroningrat. Pendidikan bukan saja proses mendapatkan ilmu pengetahuan buat pemantapan akal masyarakat sejagat, tetapi juga merupakan proses sosialisasi bagi mengajar nilai dan norma sosial yang diterapkan menjadi budaya dalam jiwa masyarakat setempat. Atas fahaman ini, proses mengejar pendidikan bukan saja menitik-beratkan kebolehan menaakul para pelajar tetapi juga melihat kepada adab, pekerti dan hati nurani para pencari ilmu.  Sayang sekali apabila ilmu pengetahuan yang ada digunakan secara salah untuk mengakibatkan kepincangan dalam struktur sosial masyarakat kita yang sebetulnya tinggi adab, takzim adat. Sayang sekali apabila para wanita yang dihantar ke sekolah sejak umur enam tahun, saat...

The trend of novels that romanticise the crime of rape is not new. Circa 2012, our Malaysian book market was flooded with novels such as ‘Ombak Rindu’ and ‘Ariana Rose’. These novels raised the same theme wherein the protagonist-heroines were raped and eventually married their rapists, who were casted as heroes in the novels. Even more unfortunate, these novels then were picked up by drama producers and gained their infamy nation-wide, raising a generation of young women who were made to think that rapists are tolerable if the men are good-looking and more so if they are filthy rich. Young girls, especially secondary school students, were normalised to grow fondness for fictions, where the ‘bad boy’ heroes fall in love with innocent, docile, meek and easily-manipulated girls, who were often treated with much disrespect and some disdain. Young girls were groomed to imagine themselves as the ‘lucky’ heroines and most regrettable, they were normalized to think men who are nefarious could ...

SHAH ALAM – Legal practitioners have agreed that the recent odour pollution that resulted in water cuts in five districts in Selangor on Saturday should be investigated. Although the recent incident had been ruled out as ‘accident’, such pollution had occurred repeatedly which was a nuisance for the residents in the affected districts. Lawyer Megat Syazreel Mokhtarom said that he believed the perfume spill should be investigated as pollution at Selangor rivers seems to be a recurring problem. Megat Syazreel said that there were premises brought to court for offences related to water pollution and scheduled waste management, however, this did not seem to deter polluters from committing the offences. “Thus, there have been many calls by the public for the current act to be amended to add the provision that allows claims for losses by affected parties. “I believe this could add further financial consequences to polluters as well as compensate parties who are affected by this water disrupt...

SHAH ALAM - The Security Offences (Special Measures) Act 2012 (Sosma) Act can be retained, but provisions under the Act should be reviewed to suitably govern today's threats, say legal experts. Lawyer Haniff Khatri said Sosma can be retained, but it needs to be reviewed, amended, and measured against provisions for crimes, especially terrorism. "Sosma is needed because now we are talking about terrorism. So, the police alone cannot handle this. "In my opinion, Sections 4 and 13 need to be reviewed. Yes, we can apply normal law to crimes like robbery and rape. "However, for terrorist activities, we would need Sosma," he added. On the review of Sosma, lawyer Akif Rusli, who agreed with Haniff, stated that it must be balanced with a precise interpretation of the limits to determine the act of terrorism, treason, and organised crime. Both Hanif and Akif said that Section 4, which violates an accused person's rights to cross-examine prosecution witnesses who are ...

SHAH ALAM - Lawyers agree that both the camp operator and the state government are liable for the recent landslide tragedy at Father’s Organic Farm, Jalan Genting-Batang Kali. Lawyer Fatihah Jamhari said it seemed that the authorities were trying to avoid blame when each state executive council members gave statements saying that there were no specific laws on camping sites. “If local authorities say there are no regulating laws in place it sounds like a mere excuse. “If construction of a wall needs a permit, it's unlikely that camps which are for public occupancy and business for profit is not regulated,” she told Sinar Daily. Fatihah stated that if there is clear negligence from any service provider, victims can take action against them. “Whenever there's clear negligence from any service provider to ensure the safety of its customers or clients , anyone aggrieved by the negligence can initiate a tort (wrongful) action against the provider. “In this case, not just to ensure a...

‘ SEBAHAGIAN ubat menjadi penyebab datangnya penyakit, sebagaimana sesuatu yang menyakitkan adakalanya menjadi ubat penyembuh .’ – Saidina Ali Abi Talib. Berikutan Hari AIDS Sedunia 2022 tanggal 1 Disember lalu, timbul pelbagai polemik mengenai pengendalian penyakit global ini. Antara yang membangkitkan wacana hangat ialah kenyataan media oleh Kementerian Kesihatan Malaysia (KKM) yang menyatakan inisiatif rawatan PrEP (Pre-Exposure Prophylaxis) akan dimulakan di klinik kesihatan pada tahun 2023 untuk mengurangkan risiko mendapat jangkitan HIV (human immunodeficiency virus) melalui seks. Dalam minggu ini, Menteri Kesihatan, Dr Zaliha Mustafa turut mengesahkan bahawa KKM akan melakukan projek rintis penggunaan ubat PrEP di beberapa hospital bagi menilai keberkesanan dan keselamatannya dalam mengurangkan risiko penularan jangkitan HIV. Dalam projek rintis ini, pemberian ubat PrEP adalah kepada individu berstatus HIV-negatif yang berisiko untuk mendapat HIV, seperti pasangan kepada individ...

In mid-November, North Six – an advertising-production company – and its production set designer – Nicholas Des Jardins, were sued by its client, the now damned French fashion house, Balenciaga. The cause of action was in relation to a publication of a photo, which showed a Balenciaga purse on top of a document-strewn desk used as part of its spring/summer 2023 collection in collaboration with Adidas.   In one of the documents in the background was a partially visible page from the US Supreme Court decision in a child pornography case. The cited court document essentially highlighted the legal framework that outlaws the advertising, promoting, presenting or distributing child pornography. Balenciaga claimed that it never approved the usage of the said document in its ad photoshoot and as such the ‘inclusion of these unapproved documents was the result of reckless negligence’. The impugned photo was published concurrently as another Balenciaga advertising campaign – for the Gift Sho...

SHAH ALAM - What's a party without pulling a prank but if it goes too far? Commenting on a now-deleted TikTok video that went viral with a 'cake on face' prank on a handicap guardian, lawyer Fatihah Jamhari said such pranks tantamount to public nuisance despite being done in the name of a "social experiment". "Call it whatever you want but the minute it disrupts public peace, including invoking sentiment of annoyance from the public, a report can be filed against the perpetrators and they can be investigated and thereon charged," she said to Sinar Daily. It is believed that the incident took place at Setia Ecohill Park in Semenyih. The TikTok handle named @daing.ellando in a separate video explained the real story behind the prank. The woman was asked to pretend to be a mother taking her disabled son for a walk, which she agreed to. In this case, Fatihah urged the public to file a police report on this issue. "As to my understanding, the victims fel...

SHAH ALAM - Possibilities for former Prime Minister Datuk Seri Najib Razak to 'walk freely' will be an uphill battle, says experts. Lawyer, Alex Anton Netto said the Najib who is currently serving a 12-years sentence may only have a small chance to be released from prison if the federal court decides to revisit the sentence "Najib Razak was sent to prison because the federal court affirmed the decision on the SRC case, as they found no reason to reverse the decision that Najib was found guilty. "Lets say the federal court revisits or overturned its own decision (which means Najib's conviction is overturned) that's when he might walk away freely. There is a possibility," he told Sinar Daily. However, Netto, highlighted that only with strict circumstances, the apex court could exercises its right to revise the decision made. On Wednesday (Dec 7), Najib's daughter Nooryana Najwa on a social media post said her father will be free to return home if the SR...

SHAH ALAM - Comprehensive studies on the impact of the proposed amendment to the Judicial Appointments Commission (JAC) Act 2009, must be carried out. Lawyer Fatihah Jamhari said dynamics within the legal fraternity as well as the judiciary must be taken into account to amend the Act. “When this is done and there is a support to proceed, legal frameworks have to be amended to support the change,” she told Sinar Daily. She was commenting on the Conference of Rulers’ proposal on the removal of the prime minister’s power in the judicial selection and appointment process of five of the JAC members under the Act. JAC is a panel which nominates prospective judges in the superior courts. Following a meeting by rulers chaired by Yang Dipertuan Besar of Negeri Sembilan Tuanku Muhriz Tuanku Munawir, yesterday, it was also proposed that instead the responsibility to appoint its members is given to other institutions such as the Malaysian Bar, Sabah Law Association, the Advocates Association of Sa...