My reply to Prof Radin who asked me to see his deputy

From:
To: radinumx@mohe.gov.my
Date: Tue, 02 Dec 2008 09:56:45 +0800
Subject: Re: Fw: Appointment to see Dato

I will do so Datuk, thank you.

Prof Radin's reply on 2 December 2008: He asked me to see his deputy

Message-----
From: radinumx@mohe.gov.my
To:
Cc: myk@mohe.gov.my
Date: Tue, 2 Dec 2008 00:39:26 GMT
Subject: Re: Fw: Appointment to see Dato

Could you see datuk yusof dep dg.

He has been

following yr case

Sent from my BlackBerry® wireless device via
Vodafone-Celcom Mobile.

Still no reply from Prof Radin Umar so I emailed again on 2 December 2008

----- Forwarded Message ----From:
To: radinumx@mohe.gov.my
Sent: Tuesday, December 2, 2008 7:25:39 AM
Subject: Fw: Appointment to see Dato

Assalamualaikum Dato

I was informed by Dato that Prof Rujhan

will investigate my grievance,

however until today

I have not been contacted by Prof Rujhan.

I have tendered my resignation at USIM as I

continue to be victimised, Dato I really need your

assistance as I regret my resignation and I want

to get my justice,

Yang benar

--- On Thu, 11/27/08, wrote:
From:
Subject: Appointment to see Dato
To: radinumx@mohe.gov.my
Date: Thursday, November 27, 2008, 8:11 AM

Asskm Dato
I would like to see Dato with regard to my position in USIM. I would really appreciate if Dato could meet me,
Thank you

No reply from Prof Radin Umar so I emailed on 27 November 2008

----- Forwarded Message ----
From:
To: radinumx@mohe.gov.my
Sent: Thursday, November 27, 2008 8:11:33 AM
Subject: Appointment to see Dato

Asskm Dato I would like to see Dato with

regard to my position in USIM.

I would really appreciate if Dato

could meet me, Thank you

Since 25/6/08 Nobody from MOHE contacted me so I emailed to Prof Radin Umar on 9/9/2008

From 25th June 2008 until 9th September 2008, nobody from the Ministry of Higher Education (MOHE) CONTACTED ME REGARDING MY COMPLAINT!!! So, I emailed to Prof Radin Umar the following on 9th September 2008.
----- Forwarded Message ----
From:
To: radinumx@mohe.gov.my
Sent: Tuesday, September 9, 2008 8:16:00 AM
Subject: Re: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah

Assalamualaikum Dato

Selamat Menyambut Ramadan .

I would like to apprise Dato my latest

development at USIM. I have reached

the end of my tether. Attached are the letters

which are self explanatory. I am writing to Dato

as I am of the view that my superiors are

acting without impunity.
Thank you.

--- On Tue, 6/24/08, radinumx@mohe.gov.my wrote:
From: radinumx@mohe.gov.my radinumx@mohe.gov.my
Subject: Re: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To:
Date: Tuesday, June 24, 2008, 4:50 PM

Im in australia. Have asked prof rujhan to look into it
Sent from my BlackBerry® wireless device via Vodafone-Celcom Mobile.

My reply to Prof Radin's email on 24 June 2008

----- Forwarded Message ----
From: myself
To: radinumx@mohe.gov.my
Sent: Wednesday, June 25, 2008 7:47:05 AM
Subject: Re: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah

Thank you Dato.

--- On Tue, 6/24/08, radinumx@mohe.gov.my wrote:
From: radinumx@mohe.gov.my radinumx@mohe.gov.my
Subject: Re: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient
kerana enggan manipulasi markah
To:
Date: Tuesday, June 24, 2008, 4:50 PM

Im in australia. Have asked prof rujhan to look into it

Sent from my BlackBerry® wireless device via Vodafone-Celcom Mobile.

From:
Date: Mon, 23 Jun 2008 16:21:19 -0700 (PDT)
To: radinumx@mohe.gov.my
Subject: Fw: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient
kerana enggan manipulasi markah

--- On Thu, 6/19/08, wrote:
From:
Subject: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient
kerana enggan manipulasi markah
To: radinumx@mohe.gov.my
Date: Thursday, June 19, 2008, 2:56 PM
Assalamualaikum Dato
I went to see Prof Dato Dr Muhammad Muda, TNC (Academic) today at 12.30 pm.
He shouted at me and said the following to me:

1. You are a failure.Your effort goes down the drain because your students fail .
The government can spend a lot of money training but it's no use if the students fail.
2. You are not suitable for our university. You are at the wrong place.
Our university rates our students based on their development.
(Before he made his remark,
I explained to him that I grade the exam papers based on the merit and
cogency of the answer
based on the marking scheme).
3. You should leave our university. (I asked him to issue a letter that
he wants me to quit
teaching as I am not suitable for the university)
4. Can your students understand your teaching as a majority of them failed?
5. What do you think of our students?You look down at our students!

Dato, I am not going to the upper management of USIM for justice,
as the TNC(Academic)
himself had asked me to leave the university.

Dato, I am asking for your help to assist me as I did not do anything wrong.
I marked the
papers based on merit and cogency. I am truly victimised here and the
insults and demand
to quit by Dr Muhammad Muda today is truly an affront to me and the straw
that breaks the camel's back.

Please Dato, I ask for justice.

Yours sincerely

--- On Wed, 6/11/08, Professor Dato' Dr Ir Radin Umar
wrote:
From: Professor Dato' Dr Ir Radin Umar radinumx@mohe.gov.my
Subject: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To:
Cc: "mrujhan" mrujhan@mohe.gov.my
Date: Wednesday, June 11, 2008, 7:42 AM

Prof Rujhan akan menangani nya dengan berhemah.
________________________________
Professor Dato' Radin Umar Director General
Department of Higher Education
Ministry of Higher Education Malaysia
Level 3, Block E9, Parcel E 62505 Putrajaya MALAYSIA >

Dato' > Sy mohon bantuan Dato' kerana
sy baru 6 bulan bekerja
di sini dan sy > memang tidak diperlakukan
dengan adil
meskipun saya berkata benar. >
Terima kasih atas nasihat Dato'. > >
Professor Dato' Dr Ir Radin Umar
mailto:radinumx@mohe.gov.my

lakukan yang betul demi kebenaran. Saya
yakin Pengurusan USIM akan >
menanganinya secara adil
________________________________ >
Professor Dato' Radin Umar > Director General >
Department of Higher Education >
Ministry of Higher Education Malaysia > Level 3,
Block E9, Parcel E > 62505 Putrajaya MALAYSIA > >>
Terima kasih Dato, saya masih dalam ketakutan.
Diharap dapat
menolong >> saya. >> >>
Professor Dato' Dr Ir Radin Umar wrote: >>
Assalamualaikum, >> >>
Terima aksih. saya akan minta Prof Rujhan siasat
dan membetulkan
jika >> terdapat penyelewengan. >> >> Salam. >> >> _____
___________________________ >>
Professor Dato' Radin Umar >> Director General >>
Department of Higher Education >>
Ministry of Higher Education Malaysia >> Level 3,
Block E9,
Parcel E >> 62505 Putrajaya MALAYSIA >> >>>
Askm Dato' >>> >>> Saya , Pensyarah Di USIM.
Saya >>> telah >>> dipaksa memanipulasi markah
pelajar dan
meluluskan pelajar kerana hanya >>> dua pelajar
lulus.
Saya tidak mengubah markah kerana saya
telah memberi >>>
markah dengan adil mengikut skema jawapan dan telah
membuat kelas >>> tambahan sebanyak 6-8jam
sebelum peperiksaan untuk memperkasa >>>
pengetahuan pelajar. >>> >>> Saya telah menerima
surat daripada Dekan Fakulti Syariah & Undang2 >>>
menyatakan fakulti kecewa kerana saya enggan
bekerjasama "memanipulasi >>> markah"
(my understanding, the exact wordings
were "melihat/menyemak >>> semula secara
menyeluruh kaedah dan sistem penilaian
yang dilakukan".) >>> >>> Dekan juga menuduh saya
tidak efficient dalam pengajaran saya. >>> >>>
Dato', saya mohon bantuan pihak Dato' kerana
saya dihukum
kerana enggan
>>> memanipulasi markah pelajar agar ramai lulus
kerana ianya tidak >>> beretika.
No telefon saya ialah >>> Terima kasih. >>>
>>> >>> >> >> >> >> >> > > > > >

Prof Radin's Reply with regard to Prof Muhammad Muda's Verbal Abuse Towards Me

----- Forwarded Message ----
From: "radinumx@mohe.gov.my" radinumx@mohe.gov.my
To: myself; mrujhan@mohe.gov.my
Sent: Tuesday, June 24, 2008 4:50:06 PM
Subject: Re: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah

Im in australia. Have asked prof rujhan to look into it

Sent from my BlackBerry® wireless device via Vodafone-Celcom Mobile.

From: myself
Date: Mon, 23 Jun 2008 16:21:19 -0700 (PDT)
To: radinumx@mohe.gov.my
Subject: Fw: Being shouted at & asked to quit Fw:
Re: Dihukum tidak efficient kerana enggan manipulasi markah

--- On Thu, 6/19/08, > wrote:
From:
Subject: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To: radinumx@mohe.gov.my
Date: Thursday, June 19, 2008, 2:56 PM
Assalamualaikum Dato

I went to see Prof Dato Dr Muhammad Muda, TNC (Academic) today at 12.30 pm. He shouted at me and said the following to me:

1. You are a failure.Your effort goes down the drain because your students fail . The government can spend a lot of money training but it's no use if the students fail.
2. You are not suitable for our university. You are at the wrong place. Our university rates our students based on their development.(Before he made his remark, I explained to him that I grade the exam papers based on the merit and cogency of the answer based on the marking scheme).
3. You should leave our university. (I asked him to issue a letter that he wants me to quit teaching as I am not suitable for the university)
4. Can your students understand your teaching as a majority of them failed?
5. What do you think of our students?You look down at our students!

Dato, I am not going to the upper management of USIM for justice, as the TNC(Academic) himself had asked me to leave the university.

Dato, I am asking for your help to assist me as I did not do anything wrong. I marked the papers based on merit and cogency. I am truly victimised here and the insults and demand to quit by Dr Muhammad Muda today is truly an affront to me and the straw that breaks the camel's back.

Please Dato, I ask for justice.

Yours sincerely
--- On Wed, 6/11/08, Professor Dato' Dr Ir Radin Umar wrote:
From: Professor Dato' Dr Ir Radin Umar radinumx@mohe.gov.my
Subject: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To:
Cc: "mrujhan" mrujhan@mohe.gov.my
Date: Wednesday, June 11, 2008, 7:42 AM
Prof Rujhan akan menangani nya dengan berhemah.

Still no reply from Prof Radin so I forwarded again on 24 June 08

----- Forwarded Message ----
From: myself
To: radinumx@mohe.gov.my
Sent: Tuesday, June 24, 2008 7:21:19 AM
Subject: Fw: Being shouted at & asked to quit Fw:
Re: Dihukum tidak efficient kerana enggan manipulasi markah
--- On Thu, 6/19/08, > wrote:
From:
Subject: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To: radinumx@mohe.gov.my
Date: Thursday, June 19, 2008, 2:56 PM
Assalamualaikum Dato I went to see Prof Dato Dr Muhammad Muda, TNC (Academic) today at 12.30 pm.
He shouted at me and said the following to me:

1. You are a failure.Your effort goes down the drain because
your students fail .The government can spend a lot of money training
but it's no use if the students fail.
2. You are not suitable for our university. You are at the wrong place.
Our university rates our students based on their development.
(Before he made his remark, I explained to him that I grade
the exam papers based on the merit and cogency of the answer
based on the marking scheme).
3. You should leave our university. (I asked him to issue a letter
that he wants me to quit teaching as
I am not suitable for the university)
4. Can your students understand your teaching as a
majority of them failed?
5. What do you think of our students?You look down at our students!

Dato, I am not going to the upper management of USIM
for justice, as the TNC(Academic)
himself had asked me to leave the university.

Dato, I am asking for your help to assist me as I did not do anything wrong.
I marked the papers based on merit and cogency. I am truly victimised here
and the insults and demand to quit by Dr Muhammad Muda today is truly an affront to me and the straw that breaks the camel's back.

Please Dato, I ask for justice.

Yours sincerely---
On Wed, 6/11/08,
Professor Dato' Dr Ir Radin Umar
wrote:
From: Professor Dato' Dr Ir Radin Umar radinumx@mohe.gov.my
Subject: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To: "Cc: "mrujhan" mrujhan@mohe.gov.my
Date: Wednesday, June 11, 2008, 7:42 AM

Prof Rujhan akan menangani nya dengan berhemah.
________________________________
Professor Dato' Radin Umar
Director General
Department of Higher Education
Ministry of Higher Education Malaysia
Level 3, Block E9, Parcel E
62505 Putrajaya MALAYSIA

> Dato'
> Sy mohon bantuan Dato' kerana sy baru 6 bulan
bekerja di sini dan sy
> memang tidak diperlakukan dengan adil meskipun
saya berkata benar.
> Terima kasih atas nasihat Dato'.
>
> Professor Dato' Dr Ir Radin Umar
wrote:
>
> lakukan yang betul demi kebenaran. Saya yakin
Pengurusan USIM akan
> menanganinya secara adil
> ________________________________
> Professor Dato' Radin Umar
> Director General
> Department of Higher Education
> Ministry of Higher Education Malaysia
> Level 3, Block E9, Parcel E
> 62505 Putrajaya MALAYSIA
>
>> Terima kasih Dato, saya masih dalam ketakutan.
Diharap dapat menolong
>> saya.
>>
>> Professor Dato' Dr Ir Radin Umar wrote:
>> Assalamualaikum,
>>
>> Terima aksih. saya akan minta Prof Rujhan
siasat
dan membetulkan jika terdapat penyelewengan.
>>
>> Salam.
>>
>> ________________________________
>> Professor Dato' Radin Umar
>> Director General
>> Department of Higher Education
>> Ministry of Higher Education Malaysia
>> Level 3, Block E9, Parcel E
>> 62505 Putrajaya MALAYSIA
>>
>>> Askm Dato'
>>>
>>> Saya , Pensyarah Di USIM. Saya
>>> telah
>>> dipaksa memanipulasi markah pelajar
dan meluluskan
pelajar kerana hanya dua pelajar lulus. Saya tidak
mengubah markah kerana saya telah
memberi markah dengan adil mengikut skema jawapan dan
telah membuat kelas tambahan sebanyak 6-8jam
sebelum peperiksaan untuk memperkasa
pengetahuan pelajar.
>>>
Saya telah menerima surat daripada Dekan Fakulti
Syariah & Undang2 menyatakan fakulti kecewa
kerana saya enggan
bekerjasama "memanipulasi markah"
(my understanding,
the exact wordings were "melihat/menyemak
semula secara
menyeluruh kaedah dan sistem penilaian yang
dilakukan".)
>>>
Dekan juga menuduh saya tidak efficient
dalam pengajaran saya.
>>>
>>> Dato', saya mohon bantuan pihak Dato'
kerana saya dihukum
kerana enggan memanipulasi markah pelajar
agar ramai lulus
kerana ianya tidak beretika.
No telefon saya ialah
>>> Terima kasih.
>>>
>>>
>>>
>>
>>
>>
>>
>>
>
>
>
>
>

Email 'Being shouted at' forwarded to Prof Rujhan

----- Forwarded Message ----
From: Myself
To: mrujhan@mohe.gov.my
Sent: Thursday, June 19, 2008 3:16:50 PM
Subject: Fw: Being shouted at & asked to quit Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah
--- On Thu, 6/19/08, > wrote:
From:
Subject: Being shouted at & asked to quit Fw: Re: Dihukumtidak efficient kerana enggan manipulasi markah
To: radinumx@mohe.gov.my
Date: Thursday, June 19, 2008, 2:56 PM
Assalamualaikum Dato
I went to see Prof Dato Dr Muhammad Muda, TNC (Academic) today
at 12.30 pm. He shouted at me and said the following to me:
1. You are a failure.Your effort goes down the drain because your students fail .The government can spend a lot of money training but it's no use if thestudents fail.
2. You are not suitable for our university. You are at the wrong place.Our university rates our students based on their development.(Before he made his remark, I explained to him that I grade the exam papers based on themerit and cogency of the answer based on the marking scheme).
3. You should leave our university. (I asked him to issue a letter that
he wants me to quit teaching as I am not suitable for the university)
4. Can your students understand your teaching as a majority of
them failed?
5. What do you think of our students?You look down at our students! Dato, I am not going to the upper management of USIM for justice, asthe TNC(Academic) himself had asked me to leave the university.

Dato, I am asking for your help to assist me as I did not do anything wrong. I marked the papers based on merit and cogency. I am truly
victimised here and the insults and demand
to quit by Dr Muhammad Muda today is truly
an affront to me and the straw that breaks the camel's back.
Please Dato, I ask for justice.
Yours sincerely---
On Wed, 6/11/08, Professor Dato' Dr Ir Radin Umar wrote:
From: Professor Dato' Dr Ir Radin Umar
radinumx@mohe.gov.my
Subject: Re: Dihukum tidak efficient kerana
enggan manipulasi markahTo:
"Cc: "mrujhan" mrujhan@mohe.gov.my
Date: Wednesday, June 11, 2008, 7:42 AM

Prof Rujhan akan menangani nya dengan berhemah.
________________________________
Professor Dato' Radin Umar
Director General
Department of Higher Education
Ministry of Higher Education Malaysia
Level 3, Block E9, Parcel E
62505 Putrajaya MALAYSIA

> Dato'
> Sy mohon bantuan Dato' kerana sy baru 6 bulan
bekerja di sini dan sy memang tidak diperlakukan
dengan adil meskipun saya berkata benar.
> Terima kasih atas nasihat Dato'.>>

Professor Dato' Dr Ir Radin Umar
radinumx@mohe.gov.my wrote:>>
lakukan yang betul demi kebenaran. Saya yakin Pengurusan USIM akan> menanganinya secara adil> ________________________________> Professor Dato' Radin Umar>
Director General>
Department of Higher Education>
Ministry of Higher Education Malaysia>
Level 3, Block E9, Parcel E> 62505 Putrajaya MALAYSIA>>>

Terima kasih Dato, saya masih dalam ketakutan.Diharap dapat menolong>> saya.>>>>

Professor Dato' Dr Ir Radin Umar wrote:>> Assalamualaikum,>>>>
Terima aksih. saya akan minta Prof Rujhan siasat dan membetulkan jika terdapat penyelewengan.>>>>
Salam.>>>> ________________________________>>
Professor Dato' Radin Umar>>
Director General>>
Department of Higher Education>>
Ministry of Higher Education Malaysia>>
Level 3, Block E9, Parcel E>> 62505 Putrajaya MALAYSIA>>>>>

Askm Dato'>>>>>> Saya , Pensyarah Di USIM. Saya telah dipaksa memanipulasi markah pelajar dan meluluskan pelajar kerana
hanya dua pelajar lulus. Saya tidak mengubah markah kerana saya telah memberi markah dengan adil mengikut skema jawapan dan telah membuat kelas>>> tambahan sebanyak 6-8jam sebelum peperiksaan untuk memperkasa pengetahuan pelajar.>>>>>>

Saya telah menerima surat daripada Dekan Fakulti Syariah & Undang2 menyatakan fakulti kecewa kerana saya enggan bekerjasama "memanipulasi markah" (my understanding, the exact wordings were"melihat/menyemak semula secara menyeluruh kaedah dan sistem penilaian yangdilakukan".)>>>>>>
Dekan juga menuduh saya tidak efficient dalam pengajaran saya.>>>>>>
Dato', saya mohon bantuan pihak Dato' kerana saya dihukum kerana enggan memanipulasi markah pelajar agar ramai lulus kerana ianya tidak>>> beretika. No telefon saya ialah >>> Terima kasih.>>>>>>>>>>>>>>>

My email to Prof Radin after being chased out by TNCA USIM

From: my real name
To: radinumx@mohe.gov.my
Sent: Thursday, June 19, 2008 2:56:28 PM
Subject: Being shouted at & asked to quit
Fw: Re: Dihukum tidak efficient kerana enggan manipulasi markah

Assalamualaikum Dato I went to see Prof Dato Dr Muhammad Muda,TNC (Academic) today at 12.30 pm. He shouted at me and said the
following to me:

1. You are a failure.Your effort goes down the drain because your students fail .
The government can spend a lot of money training but it's no use if the students
fail.
2. You are not suitable for our university. You are at the wrong place.
Our university rates our students based on their development.
(Before he made his remark, I explained to him that I grade the exam papers
based on the merit and cogency of the answer based on the marking scheme).
3. You should leave our university. (I asked him to issue a letter that he
wants me to quit teaching as I am not suitable for the university)
4. Can your students understand your teaching as a majority of them failed?
5. What do you think of our students?You look down at our students!

Dato, I am not going to the upper management of USIM for justice, as the
TNC(Academic) himself had asked me to leave the university.

Dato, I am asking for your help to assist me as I did not do anything wrong.
I marked the papers based on merit and cogency. I am truly victimised here
and the insults and demand to quit by Dr Muhammad Muda today is truly an
affront to me and the straw that breaks the camel's back.

Please Dato, I ask for justice.

Yours sincerely

--- On Wed, 6/11/08, Professor Dato' Dr Ir Radin Umar
wrote:
From: Professor Dato' Dr Ir Radin Umar radinumx@mohe.gov.my
Subject: Re: Dihukum tidak efficient kerana enggan manipulasi markah
To:
Cc: "mrujhan" mrujhan@mohe.gov.my
Date: Wednesday, June 11, 2008, 7:42 AM

Prof Rujhan akan menangani nya dengan berhemah.
________________________________
Professor Dato' Radin Umar
Director General
Department of Higher Education
Ministry of Higher Education Malaysia
Level 3, Block E9, Parcel E
62505 Putrajaya MALAYSIA
> Dato'
> Sy mohon bantuan Dato' kerana sy baru 6 bulan bekerja
di sini dan sy memang tidak diperlakukan dengan adil meskipun saya
berkata benar.
> Terima kasih atas nasihat Dato'.
>
> Professor Dato' Dr Ir Radin Umar mailto:radinumx@mohe.gov.my
wrote:
>
> lakukan yang betul demi kebenaran. Saya yakin Pengurusan
USIM akan
> menanganinya secara adil
> ________________________________
> Professor Dato' Radin Umar
> Director General
> Department of Higher Education
> Ministry of Higher Education Malaysia
> Level 3, Block E9, Parcel E
> 62505 Putrajaya MALAYSIA
>
>> Terima kasih Dato, saya masih dalam ketakutan.Diharap
dapat menolong saya.
>>
>> Professor Dato' Dr Ir Radin Umar wrote:
>> Assalamualaikum,
>>
>> Terima aksih. saya akan minta Prof Rujhan siasat dan
membetulkan jika terdapat penyelewengan.
>>
>> Salam.
>>
>> ________________________________
>> Professor Dato' Radin Umar
>> Director General
>> Department of Higher Education
>> Ministry of Higher Education Malaysia
>> Level 3, Block E9, Parcel E
>> 62505 Putrajaya MALAYSIA
>>
>>> >>>
>>>
>>
>>
>>
>>
>
>
>
>>>> Askm Dato'
>>>
>>> Saya xxxxxxxxxxxxxxxxxxxxxxxx, Pensyarah Di USIM. Saya
>>> telah dipaksa memanipulasi markah pelajar dan meluluskan
pelajar kerana hanya dua pelajar lulus. Saya tidak mengubah markah kerana
saya telah memberi markah dengan adil mengikut skema jawapan dan telah
membuat kelas tambahan sebanyak 6-8jam sebelum peperiksaan untuk
memperkasa pengetahuan pelajar.
>>>
>>> Saya telah menerima surat daripada Dekan Fakulti Syariah
& Undang2 menyatakan fakulti kecewa kerana saya enggan
bekerjasama "memanipulasi markah" (my understanding, the exact wordings were "melihat/menyemak semula secara menyeluruh kaedah dan sistem penilaian yang dilakukan".)
>>>
>>> Dekan juga menuduh saya tidak efficient dalam
pengajaran saya.
>>>
>>> Dato', saya mohon bantuan pihak Dato' kerana
saya dihukum kerana enggan memanipulasi markah pelajar
agar ramai lulus kerana ianya tidak beretika. No telefon saya ialah xxxxxxxxxx
>>> Terima kasih.
>>>
>

My reply to Prof Ir Radin on June 11, 2008 8:08:25 AM

From: my real name & email address
To: Professor Dato' Dr Ir Radin Umar radinumx@mohe.gov.my
Sent: Wednesday, June 11, 2008 8:08:25 AM
Subject: Re: Dihukum tidak efficient kerana enggan manipulasi markah

terima kasih Dato'.

Professor Dato' Dr Ir Radin Umar wrote:
Prof Rujhan akan menangani nya dengan berhemah.________________________________
Professor Dato' Radin Umar
Director General
Department of Higher Education
Ministry of Higher Education Malaysia
Level 3, Block E9, Parcel E62505 Putrajaya MALAYSIA

Prof Dato' Dr Ir Radin Umar's Reply June 11, 2008

From: Professor Dato' Dr Ir Radin Umar radinumx@mohe.gov.my
To: my real name & email address
Cc: mrujhan mrujhan@mohe.gov.my
Sent: Wednesday, June 11, 2008 7:42:26 AM
Subject: Re: Dihukum tidak efficient kerana enggan manipulasi markah

Prof Rujhan akan menangani nya dengan berhemah.________________________________
Professor Dato' Radin Umar
Director General
Department of Higher Education
Ministry of Higher Education Malaysia
Level 3, Block E9, Parcel E62505 Putrajaya MALAYSIA

My Email (11 June 2008) to Prof Dr Ir Radin Umar KP IPTA KPT

From: My real name & email address

To: Professor Dato' Dr Ir Radin Umar Sent: Wednesday, June 11, 2008 7:30:22 AMSubject: Re: Dihukum tidak efficient kerana enggan manipulasi markah

Dato'
Sy mohon bantuan Dato' kerana sy baru 6 bulan bekerja di sini dan sy memang tidak diperlakukan dengan adil meskipun saya berkata benar. Terima kasih atas nasihat Dato'.

World Class Higher Education: USIM Undergraduate 2

World Class Higher Education: USIM Undergraduate 2

What are the consequences of Talaq Ba’in Sughra.
(6 marks)

Answer scheme

Dissolves a marriage instantly(1 mark)
at the time of pronouncement(1 mark)
The rights of the wife cease as soon as the talaq is pronounced(1 mark)
If the ex-husband wishes to resume marital relationship with his ex-wife(1 mark)
he has to undergo a new marriage ceremony with her (1 mark)
with a new mas kahwin.(1 mark)

Sample answer by USIM undergraduate 1060554

The pronounce by the husband . If the husband want to ruju’ with his wife, the husband during the period eddah For waiting his wife and return. If the husband wisher to marriage his wife, a wife must must marriage with another man with inttension consummated. After his wife marriage with another man, the husband can marriage his wife or solemnization or ceremony of the marriage.

-three talaq by the husband for his wife.
[Marks earned: Zero Point three (0.3) out of Six (6)]

World Class Higher Education: USIM Undergraduate 1

World Class Higher Education: USIM Undergraduate 1

Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Answer scheme
When the eddah period has expired
(1 mark)
Talaq through fasakh
(1 mark)
Talaq pronounced before the consummation of the marriage
(1 mark)
Talaq through khulu’.
(1 mark)

Sample answer by USIM undergraduate 1060554

-must be pronounce with talaq 3 (reputiation) to his wife.
-the husband will be give the new “maskawin” to his wife.
-the wife will be marriage with another man before marriage ex-husband.
-can solemnization or ceremony of the marriage, if he want.

World Class Higher Education: USIM LAW Undergraduate 10

World Class Higher Education: USIM LAW Undergraduate

1. Provide the origin and ratio decidendi of these cases:

ii. Mustapha v Habeeba (10 marks)
Answer Scheme
In the Negeri Sembilan case of Mustapha v Habeeba,(1 mark)
the learned kadi who heard the case held that
three divorces had been effected(1 mark)
when the husband as alleged pronounced,
'I divorce you. I divorce you. I divorce you' to the wife.(1 mark)
The learned kadi did not call any witnesses to support
the husband's statement.(1 mark)
The Appeal Board ordered the case to be retried(1 mark)
as the case had not been heard
and adjudged correctly,(1 mark)
because no witnesses had been called.(1 mark)
They held that the mere statement (iqrar) of the husband could not
be accepted(1 mark)
as it was not conclusive(1 mark)
and the circumstances and conditions of the making of the statement
were not considered.(1 mark)

Sample answer by USIM LAW undergraduate 1050613

Mustapha v Habeeba (1990)

The husband was said “I divorce you. I divorce you. I divorce you” to his wife. The husband is Hanafi practicer and at the time the wife was pregnant. At the court, subordinate court effected for talaq. At Appeal court, the husband defend himself was at the time not in proper sense and induce by black magc. The Syariah Appeal Court held that the subordinate court did not called any witness. According to Hanafi practice, a divorce at same time and place was effected one talaq only.
The ratio decidendi is triple divorce at the same time and place was effected one talaq only.

Email to MQA Today Refuting Its Claim That It Does Not Know Me

From: nor benar Date: Wed, Apr 29, 2009 at 6:31 AM
Subject: MQA lied when it said it does not know the identity of Ex-Usim lecturer
To: syedahmad@mqa.gov.my, muammar@mqa.gov.my
Cc: tam@bpa.jpm.my, letters@thesundaily.com, tanyl@thesundaily.com, tanyiliang@gmail.com, mohdasri@bpa.jpm.my

Assalamualaikum

I refute MQA’s claim in theSun at page 6 being reported on Tuesday April 21 2009 that it does not know my identity in an article “Probe into lecturer’s ’sympathy marks’ case”. I complained about Universiti Sains Islam Malaysia’s (USIM) unethical practice forcing me to manipulate marks to Ketua Pegawai Eksekutif of Malaysian Qualifications Agency (MQA) Dato’ Dr. Syed Ahmad Hussein on the 10th of June 2008 (10/6/2008). Dato’ Dr. Syed Ahmad Hussein called me and informed me that MQA can only investigate allegedly “unethical Public Universities” in January 2009.
This year, I sent an email to Ketua Pengarah Biro Pengaduan Awam Dr Tam Weng Wah regarding USIM’s unethical practice forcing me to manipulate marks whereby I explained to him that I gave extra classes to the students after they performed badly in the mid semester exam. Then Dr Tam forwarded my email to En Mohd Asri bin Mohamad (mohdasri@bpa.jpm.my) on Wednesday March 4 2009 at 7:55:39pm which states the following:“KPP (A4), Disertakan maklumat tambahan untuk tindakan susulan. Sekian, terima kasih. KP” This email by Dr Tam was being cced (cc) to the aforementioned Ketua Pegawai Eksekutif MQA, Dato’ Dr. Syed Ahmad Hussein at syedahmad@mqa.gov.my.
Then on Thursday March 5 2009 at 1:01:05 PM En Mohd Asri bin Mohamad (mohdasri@bpa.jpm.my) sent an email to the Ministry of Higher Education (MOHE) which reads the following:“Tuan, Dikemukakan bersama-sama ini email aduan daripada pengadu untuk mendapat makluman dan tindakan pihak tuan jua. Dipohon maklum balas daripada pihak tuan dikemukakan terus kepada pengadu dan sesalinan dipanjangkan kepada BPA untuk tujuan rekod.Di atas kerjasama dan tindakan segera di pihak tuan amatlah dihargai. Sekian, terima kasih.” This email by En Mohd Asri bin Mohamad was also being cced (cc) to the aforementioned Ketua Pegawai Eksekutif MQA, Dato’ Dr. Syed Ahmad Hussein at syedahmad@mqa.gov.my.
Based on the abovementioned explanation, I hereby rebut MQA’s spokesman Muhammad Muammar Gaddafi’s claim in theSun which reads “..we do not know who the teacher is”.
Please be informed. Thank You.

World Class Higher Education: USIM LAW Undergraduate 9

World Class Higher Education: USIM LAW Undergraduate 9

1. Provide the origin and ratio decidendi of these cases:

Answer Scheme
ii. Mustapha v Habeeba (10 marks)

In the Negeri Sembilan case of Mustapha v Habeeba, (1 mark)
the learned kadi who heard the case held that
three divorces had been effected (1 mark)
when the husband as alleged pronounced,
'I divorce you. I divorce you. I divorce you' to the wife. (1 mark)
The learned kadi did not call any witnesses to support
the husband's statement. (1 mark)
The Appeal Board ordered the case to be retried (1 mark)
as the case had not been heard
and adjudged correctly, (1 mark)
because no witnesses had been called. (1 mark)
They held that the mere statement (iqrar) of the husband could not
be accepted (1 mark)
as it was not conclusive (1 mark)
and the circumstances and conditions of the making of the statement
were not considered. (1 mark)

Sample answer by USIM LAW undergraduate 1050610

In the case of Mustapha v Habeeba (1990) 7 JH 255, the husband pronounced three talaq consequently on one time, ‘I divorce you, I divorce you, I divorce you’ in front of his wife which is pregnant at that time. The husband in this case is from Hanafi sect (Mazhab). This matter was brought before the syariah court.

The learned judge in this case held that three talaq was effected and the husband cannot ruju’ with his wife unless she marries with another man and divorced. The learned judge refer to the opinion of the Syafi’i sect in judging the said matter.

On appeal, the court found that the learned judge is in error to adjudge the case by referring to the opinion given by the Syafi’i sect. Since the husband is from Hanafi sect, the right decision is to be derived from the opinion given by Hanafi sect.

Therefore, by referring to the Hanafi sect and considering that the wife was pregnant at that time, only one talaq was effected and they can ruju’ or reconcile during the iddah period of the wife.

[Marks earned: One Point Seven (1.7) out of Ten (10)]

1060644 The One who Passed & Got 19.6 over 20

The One who passed.
2. “Section 52(1)(b) of the Islamic Family Law (Federal Territory) Act1984,
which follows the Maliki law, had made a fundamental change in the law. The trial judge had therefore wrongly applied the provisions of the dominant Shafii view -- where fasakh is only granted if the husband is shown to be incapable of maintaining his wife -- to the new section.”
Per Professor Tan Sri Ahmad Ibrahim, in Siti Rohani bte Muhamad Yusuf v Mohd Sazali bin Derham.

Explain the principle adopted by the Maliki sect on the wife’s entitlement to claim dissolution of her marriage by fasakh if the husband is unable to provide for her maintenance.

(20 Marks)

Answer Scheme

According to the doctrine of the Maliki school, the wife is
entitled to claim dissolution of her marriage by fasakh (1 mark)
if the husband is unable to provide for her maintenance
at the time of the claim, (1 mark)
without regard to whether he had been unable in the past, (1 mark)
unless the wife knew at the time of the conclusion of the marriage (1 mark)
that the husband was indigent. (1 mark)
If the poverty of the husband has not been legally established, (1 mark)
the kadi will order him to provide for her maintenance (1 mark)
or to divorce her; (1 mark)
if the husband does neither (1 mark)
or if his poverty has been proved, (1 mark)
the kadi at his discretion may allow the husband a period of grace
to fulfil his obligation, (1 mark)
which may be one month, (1 mark)
or according to some jurists not more than two months. (1 mark)
If the term expires without the husband having provided
for maintenance (1 mark)
the kadi dissolves the marriage. (1 mark)
Where the husband is absent, (1 mark)
the wife will similarly be granted a dissolution of the marriage, (1 mark)
but not until the husband has been warned, (1 mark)
if this is feasible (1 mark)
and given a suitable period of respite. (1 mark)


Sample answer by USIM undergraduate 1060644 who GOT 19.6 OVER 20

According to doctrine of Maliki school the wife entitlement to claim dissolution of her marriage by fasakh if the husband is unable to provide for her maintenance at the time of claim, without regard to wether he had been unable in the past unless the wife knew at the time of the conclusion of the marriage that the husband was indigent. If the poverty of the husband has not been legally established, the Kadi will ordered him to pay for her maintenance or to divorce her. If the husband does neither or if his poverty has been proved, the Kadi at his discretion may allow the husband a period of grace to fulfill his obligation, which may be one month, or according to some jurists not more than two month. If the term expires without the husband having provided for her maintenance, The kadi dissolves the marriage Where the husband is absent, the wife will similarly be granted a dissolution of the marriage. But not until the husband has been warned, if this is feasible and given a suitable period of respite.
[Marks earned: Nineteen Point Six (19.6) OVER Twenty (20)]

World Class Higher Education: USIM LAW Undergraduate 8

World Class Higher Education: USIM LAW Undergraduate

2. “Section 52(1)(b) of the Islamic Family Law (Federal Territory) Act1984,
which follows the Maliki law, had made a fundamental change in the law. The trial judge had therefore wrongly applied the provisions of the dominant Shafii view -- where fasakh is only granted if the husband is shown to be incapable of maintaining his wife -- to the new section.”
Per Professor Tan Sri Ahmad Ibrahim, in Siti Rohani bte Muhamad Yusuf v Mohd Sazali bin Derham.

Explain the principle adopted by the Maliki sect on the wife’s entitlement to claim dissolution of her marriage by fasakh if the husband is unable to provide for her maintenance.

(20 Marks)

Answer Scheme

According to the doctrine of the Maliki school, the wife is
entitled to claim dissolution of her marriage by fasakh(1 mark)
if the husband is unable to provide for her maintenance
at the time of the claim,(1 mark)
without regard to whether he had been unable in the past,(1 mark)
unless the wife knew at the time of the conclusion of the marriage(1 mark)
that the husband was indigent.(1 mark)
If the poverty of the husband has not been legally established,(1 mark)
the kadi will order him to provide for her maintenance(1 mark)
or to divorce her;(1 mark)
if the husband does neither (1 mark)
or if his poverty has been proved, (1 mark)
the kadi at his discretion may allow the husband a period of grace/grace period
to fulfil his obligation,(1 mark)
which may be one month,(1 mark)
or according to some jurists not more than two months.(1 mark)
If the term expires without the husband having provided
for maintenance(1 mark)
the kadi dissolves the marriage.(1 mark)
Where the husband is absent,(1 mark)
the wife will similarly be granted a dissolution of the marriage,(1 mark)
but not until the husband has been warned,(1 mark)
if this is feasible(1 mark)
and given a suitable period of respite.(1 mark)


Sample answer by USIM LAW undergraduate 1050623

The muslims in Malaysia practising from the dominant Shafii view. However under section 52(1)(b) of the Islamic Family Law (Federal territory) Act 1984 follows the Maliki law. Thus made a fundamental change in the law.

This section regards to the wife’s entitlement to claim dissolution of her marriage by fasakh. By referring to the case of Siti Rohani bte Muhamad Yusuf v Mohd Sazali bin Derham [1993] 2MLJ1. The appellant apply to the court for fasakh. Both married and had one child. The wife work as a teacher while the husband work as technical assistant. The husband rent the house and the wife followed him eventhough she have to go work alternatily to Kuala Lumpur everyday. The husband later transferred to Penang, But the wife is able to rent the house and stay far from her husband.

The husband came to visit his wife and his child only once a week and also failed to provide maintenance to the wife. On that time also the wife and child had removed to the parent’s wife house. After four month failed to pay the maintenance the wife went to concilitnon body. An attempt was made to change the husband to maintain his wife and his child. However, the husband still the same.

The wife apply to the court for fasakh in which her claim that the husband failed to provide maintenance to the wife and child. The Kadi in his view from the Syafii sect said that; fasakh only be granted if the husband is shown to be incapable of maintaining his wife. The court give another one month to pay the maintenance. The husband pay the maintenance within one month. This proved and satisfied the court that the husband is capable to pay maintenance and fasakh should not be granted.

The wife appealed upon the decision of the Kadi, and later decided upon the Maliki’s view that the applicant is claiming on fasakh. The Maliki’s view that the dissolution of marriage by fasakh will be granted if the husband is unable to provide for her maintenance. From the fact of the case, the court satisfy and it is proven the husband was unable to pay the maintenance to the wife for the period more than four month. The trial judge before the appeal had made the wrong application of the procisions from the Shafii’s view.

The court in its view that under the Syafie view, it order another three days to pays and to prove that he can maintain his wife by the order from the court. But there is unfair on the part of the wife if the husband failed to pay maintenance for the next or further monthly maintenance.

In the present case, the court allowed the appeal and dissolute the marriage in accordance with the Maliki’s view. Therefore the principle adopted by the Maliki sect is fasakh is the right of wife to claim for the dissolution of her marriage if there is any defect on the husband part. The defect of husband must be recognized an in accordance with Hukum Syara. For instance, the ground for dissolution is the failure of husband to fulfill his obligation and perform his duty as husband and father.

Therefore if the husband had been proven neglected his duties to maintain his wife for a period of three month also entitled the wife to claim for fasakh under the Maliki’s view. The court while attach to the fasakh claim consider the Maliki view and not to other claim like for ta’liq divorce or khulu’ and others.

The main principle adopted in Maliki view that differ from Shafi view is fasakh will be granted if it is proven the husband is unable to provide for her maintenance. Under the section 52(1) of the Islamic Family Law (Federal Territories) Act 1984 (Act 303) explained the ground which recognized under Hukum Syara’ like the husband disappear for one year, or threat the wife with cruelty is a valid ground for fasakh.

[Marks earned: Zero Point Eight (0.8) out of Twenty (20)].

World Class Higher Education: USIM LAW Undergraduate 7

World Class Higher Education: USIM LAW Undergraduate 7


5. Zarina and her husband, Zarul are of the Shafie Sect (Mazhab). She was uncooperative during the subsistence of her marriage and left her matrimonial home. She applied for divorce and claimed for Muta’ah.

Zarul seeks your advice regarding Zarina’s claim for Muta’ah. Advise him
based on the Shafie Sect and provide the relevant case law (if any).
(20 Marks)
Answer Scheme
Zarul’s case is on all fours (1 mark)
with the Johore case of Maimunah v Abdullah (2 marks)
The wife applied for divorce (1 mark)
And the learned Syariah court judge found that the divorce
was caused by the wife (1 mark)
as she was uncooperative (1 mark)
and had left the matrimonial home (1 mark)
the learned Syariah judge therefore dismissed her claim for
Muta’ah (1 mark)
Of RM1750 (1 mark)
Relying on the view of Imam Shafie (1 mark)
As stated in the Majmuk (1 mark)
To the effect that although a wife is entitled to Mu’taah
If she has been divorced by her husband (1 mark)
Even after consummation of the marriage (1 mark)
Such payment is not obligatory (1 mark)
If the divorce is caused by the wife (1 mark)
As the purpose of Mu’taah is to lighten the burden of the wife (1 mark)
And to help her after the divorce (1 mark)
If she does not agree to the divorce (1 mark)
And does not want to bear the burden of the divorce. (1 mark)
Based on the case Zarul is advised that Zarina’s claim for Mu’taah
Is likely to be dismissed. (1 mark)

Sample answer by USIM LAW undergraduate 1050845

According to the Syafie sect, the husband is incumbent to pay muta’ah to the wife when the divorce was effected. The husband also is incumbent to pay a maintenance to the wife during the eddah or waiting period.

According to the case of Che Pah’s, the divorce wife claimed for the muta’ah in addition to maintenance during the eddah period. They have been married for 43 years. The wife claimed that her husband harsh to her and her left the matrimonial home. Then the conciliation committe have been make to reconcile them but have been failed. The wife also did not go to the Kadi to make any report on what have been done by her husband. The learned chief kadi held that, according to the parties and the witnessed, the wife is not entitled to get the maintenance because she was nusyuz or recalcitrant but only entitled to get the muta’ah. The court order to the husband to pay RM 500 muta’ah.

In other case, Zahrah v. Saidon, the divorce wife claim for muta’ah in addition of maintenance during the eddah period. The husband in this case was admitted to divorce his wife on the ground that the incompatibility between them and there is no any default. The learned chief kadi held that, the wife is entitled to get muta’ah as the divorce was effected.

Likewise in the case Syed Bulat v Intan, the divorce wife claimed for muta’ah. The wife claimed that the husband was compell her to lend the husband money for his own use. The husband was admitted and as the divorce was effected, the wife is entitled to get the muta’ah.

Meanwhile in the case Normaidiah v Azhari, the both parties have been marriage to avoid the disciplinary actions between them. After marriage the wife did not fulfill her obligation as The wife including did not perform her household duty such as cooking, and washing clothes. The husband divorce her and pay for muta’ah towards her.

While in the case Zawiyah v. Roslan, the divorced wife claimed for muta’ah. The learned chief kadi stated that according to Islamic Law it is an obligation to pay a muta’ah on husband as the divorced was effected. A then the learned chief kadi stated the amount of muta’ah is based on the conditions of husband as he refferred to the Kitab Fathul Muin stated that the poor according to his means and the poor according to his means. The wife was entitled to get the muta’ah.

According to the relevant cases, Zarul must pay for the Zarina’s claim for muta’ah only and Zarina was not entitled to get the maintenance for eddah period, according to the ruling in the Che Pah’s case, where when the wife is nusyuz or recalcitrant, she was not entitled to get the muta’ah and she can only entitled to get the muta’ah payment.
[Marks earned: Zero Point Four (0.4) out of Twenty (20).

World Class Higher Education: USIM LAW Undergraduate 6

World Class Higher Education: USIM LAW Undergraduate 6


5. Zarina and her husband, Zarul are of the Shafie Sect (Mazhab). She was uncooperative during the subsistence of her marriage and left her matrimonial home. She applied for divorce and claimed for Muta’ah.

Zarul seeks your advice regarding Zarina’s claim for Muta’ah. Advise him
based on the Shafie Sect and provide the relevant case law (if any).
(20 Marks)
Answer Scheme
Zarul’s case is on all fours (1 mark)
with the Johore case of Maimunah v Abdullah (2 marks)
The wife applied for divorce (1 mark)
And the learned Syariah court judge found that the divorce
was caused by the wife (1 mark)
as she was uncooperative (1 mark)
and had left the matrimonial home (1 mark)
the learned Syariah judge therefore dismissed her claim for
Muta’ah (1 mark)
Of RM1750 (1 mark)
Relying on the view of Imam Shafie (1 mark)
As stated in the Majmuk (1 mark)
To the effect that although a wife is entitled to Mu’taah
If she has been divorced by her husband (1 mark)
Even after consummation of the marriage (1 mark)
Such payment is not obligatory (1 mark)
If the divorce is caused by the wife (1 mark)
As the purpose of Mu’taah is to lighten the burden of the wife (1 mark)
And to help her after the divorce (1 mark)
If she does not agree to the divorce (1 mark)
And does not want to bear the burden of the divorce. (1 mark)
Based on the case Zarul is advised that Zarina’s claim for Mu’taah
Is likely to be dismissed. (1 mark)

Sample answer by USIM LAW undergraduate 1050643

The fact of this case Zarina and her husband, Zarul and both of them are Syafie sect. Zarina at the period of marriage was uncooperative and left her matrimonial home. The issue here, whether Zarina has the right to claimed for Mutaah.

According to section 2 of interpretation Islamic Family Law Act 1984, “mutaah” refer to consolatory gift that is reasonable according to hukum Syara’, given to a divorced wife.

Refer to the case Haji Ali v Aishah where the wife had claimed for mutaat after left the matrimonial home by the reason diffirnt opinion with the first wife. On the defence, the husband claimed that the wife refuse to comeback when he applied for it. The learned Judge on this case had made an issues, whether the nusyuz had been applied upon the wife and whether the husband had capability for the mutaah, where at that time he was ill and jobless. Then, the Judge had made the decision by stated eventhough the wife had nusyuz upon the husband, she still have the right on claiming the mutaah.

According to Section 56 of the same act, a woman who had been divorced without just may apply for the court to mutaah.

On the reported cases, the court was held that mutaah is a consolatory gift from the husband to the wife. The wife may claim for mutaah on the divorced which not defect on the part of her, or divorced injustly. The payment of mutaah also is to help the wife on the living after she had been divorced by the husband.

In the other reported cases, the wife had claimed for mutaah after she had been divorced by the husband. On the defence, the husband stated he had been forced to married with the wife as the displinary action on him. The husband also mention that the wife on the period of marriage failed to do the house duty where she can’t cook and washing his clothes. The court held, even though the wife had failed on her duty, she still has the right for mutaah as a consolatory gift.

Furthermore, on the reported cases, the wife had made a claimed to the husband. On the defence, the husband mention that the wife also failed to the duty of household where he will keeping his bed room by his own and also the wife had failed for cooking meals on him. By the cause of that, he had refuses to paying the mutaah. But, the court held that, the mutaah is a gift to the divorced wife and she has the right for the claiming.

For the conclusion, by refering those cases and Zarul’s case, as a wife, Zarina has the right for the claimed of mutaah upon Zarul where they had living together for a certain period of time. As a husband, Zarul must giving or on his duty to give the mutaah or a consolatory gift to Zarina even though the amount is not too much.

[Marks earned: One (1) out of Twenty (20)]

World Class Higher Education: USIM LAW Undergraduate 5

World Class Higher Education: USIM LAW Undergraduate 5

i. Does the civil court have the jurisdiction to preside over claims for Harta Sepencarian among muslims?
(11 marks)
Answer scheme
According to Professor Ahmad Ibrahim (1 mark)
claims relating to Harta Sepencarian among muslims (1 mark)
can now be brought only (1 mark)
in the Shariah Court (1 mark)
because of the amendment to (1 mark)
Article 121 of the Federal Constitution (1 mark)
Which provides to the effect that (1 mark)
the civil courts (1 mark)
shall have No jurisdiction (1 mark)
In any matter which falls (1 mark)
within the jurisdiction of the Shariah Court. (1 mark).


Sample answer by USIM LAW undergraduate 1050612

Yes, the civil court have the jurisdiction to preside over claims for Harta Sepencarian among Muslims. It has been proved by two leading cases which the civil court has preside over claims for Harta Sepencarian. The case is Roberts @ Kamarulzaman v Umi Khatthum and Boto v Jaafar.

In Roberts @ Kamarulzaman v Umi Khalthum, the spouses had bought a matrimonial home for RM50,000. The husband contribute RM40,000 and the wife RM10,000. The house was named under the wife. After the dissolution of marriage or divorce, the husband apply that the house to be divided equally among them. The wife was not agree to this claims. The court held that the asset must be divided equally among them.
In Boto v Jaafar, the husband and wife was marry in 1966. During the subsistence of marriage, they was bought a house, a piece of land, four fishing boats and one fish stall. The husband run a fishing business. After the divorce, the wife was claim the Harta Sepencarian.

Salleh Abas CJ held that the assets must be divided among them although the wife was not contribute to bought that assets. The wife was give an indirect contribution as she responsible to keep the peace of mind of to her husband to run the fishing business with proper sense. The court held that one-third of the assets was divide to the plaintiff and two-third for the defendant. The one-third division is for the indirectly contribution by the plaintiff to support the plaintiff’s fishing business.
[Marks earned: Zero (0) out of Eleven(11)]

World Class Higher Education: USIM LAW Undergraduate 4

World Class Higher Education: USIM LAW Undergraduate 4

1. Provide the origin and ratio decidendi of these cases:

Answer scheme
ii. Mustapha v Habeeba (10 marks)

In the Negeri Sembilan case of Mustapha v Habeeba, (1 mark)
the learned kadi who heard the case held that
three divorces had been effected (1 mark)
when the husband as alleged pronounced,
'I divorce you. I divorce you. I divorce you' to the wife. (1 mark)
The learned kadi did not call any witnesses to support
the husband's statement. (1 mark)
The Appeal Board ordered the case to be retried (1 mark)
as the case had not been heard
and adjudged correctly, (1 mark)
because no witnesses had been called. (1 mark)
They held that the mere statement (iqrar) of the husband could not
be accepted (1 mark)
as it was not conclusive (1 mark)
and the circumstances and conditions of the making of the statement
were not considered. (1 mark)

Sample answer by USIM LAW undergraduate 1050617

This case is about the husband pronouce talaq to his wife by saying “I divorced you. I divorced you. I divorced you”. The issue here whether the pronouncement of 3 Talaq at once, can consider as 3 talaqs or one talaq only. According to Hanafi sect, it fell under 1 talaq, but Shafii sect, 3 talaq. But, in this case, the Husband alleged that he is had induced by Black Magic. So, it is not under his proper sense. The Syariah Court held that talaq is consider as 3 talaq but they appealed to appeal court. The court give judgement that the lower court must determined on the influenced by the Black Magic and must trial with witness. So, the court held, the case retried before another kadi/judge.
[Marks earned: One Point Four (1.4) out of Ten]

World Class Higher Education: USIM LAW Undergraduate 3

World Class Higher Education: USIM LAW Undergraduate 3

i. Does the civil court have the jurisdiction to preside over claims for Harta Sepencarian among muslims?
(11 marks)

Answer scheme

According to Professor Ahmad Ibrahim (1 mark)
claims relating to Harta Sepencarian among muslims (1 mark)
can now be brought only (1 mark)
in the Shariah Court (1 mark)
because of the amendment to (1 mark)
Article 121 of the Federal Constitution (1 mark)
Which provides to the effect that (1 mark)
the civil courts (1 mark)
shall have No jurisdiction (1 mark)
In any matter which falls (1 mark)
within the jurisdiction of the Shariah Court. (1 mark).


Sample answer by USIM LAW undergraduate 1050629

The civil court also have the jurisdiction to preside over claims for ‘Harta Sepencarian’ among Muslims however it is discussing in little room. This is because, the equality of division property jointly acquired between civil and syariah court is different.

For instance, the civil court may give the wife more than husband the division of property jointly acquired if the wife actively contribute her husband in money, property, or larbour towards acquiring of the assets. The civil court also may not give the wife any division of property jointly acquired if she did not active in contribute her husband in money, property, or larbour towards acquiring of the assets.

Therefore, the civil court will give the claims for ‘Harta Sepencarian’ among Muslims to Syariah Court first since it is involving Hukum Syara’.

As a conclusion, the civil court also have the jurisdiction to preside over claims for Harta Sepencarian among Muslims which is discussing in little room rather than Syariah Court which is discussing it in big room to ensure the equality of division property jointly acquired among Muslims.

[Marks earned: Zero (0) out of 11 marks]

World Class Higher Education: USIM LAW Undergraduate 2

World Class Higher Education: USIM LAW Undergraduate 2

1. Provide the origin and ratio decidendi of these cases:

Answer Scheme

ii. Mustapha v Habeeba (10 marks)

In the Negeri Sembilan case of Mustapha v Habeeba, (1 mark)
the learned kadi who heard the case held that
three divorces had been effected (1 mark)
when the husband as alleged pronounced,
'I divorce you. I divorce you. I divorce you' to the wife. (1 mark)
The learned kadi did not call any witnesses to support
the husband's statement. (1 mark)
The Appeal Board ordered the case to be retried (1 mark)
as the case had not been heard
and adjudged correctly, (1 mark)
because no witnesses had been called. (1 mark)
They held that the mere statement (iqrar) of the husband could not
be accepted (1 mark)
as it was not conclusive (1 mark)
and the circumstances and conditions of the making of the statement
were not considered. (1 mark)

Sample answer by USIM LAW undergraduate 1050637

This case is about talaq divorce. In this case, the husband was divorce his wife and the Kadi was held that the divorce was effected. The husband appealled. He alleged that at that time he was not in proper sense and was induced by black magic. The appeal committee was allowed the appeal and held that the previous Kadi was not considered the husband’s allegation. The court, in determining the divorce cases must taken into consideration the reason from the husband. The Kadi also must investigate the husband whether the allegation made by him is true or not.

In divorce cases, the Kadi must consider the arguement from both parties and not only from one party only.

(Marks earned: One (1) out of Ten)

World Class Higher Education: USIM LAW Undergraduate 1

World Class Higher Education: USIM LAW Undergraduate 1

i. Does the civil court have the jurisdiction to preside over claims for Harta Sepencarian among muslims?
(11 marks)

Answer scheme
According to Professor Ahmad Ibrahim (1 mark)
claims relating to Harta Sepencarian among muslims (1 mark)
can now be brought only (1 mark)
in the Shariah Court (1 mark)
because of the amendment to (1 mark)
Article 121 of the Federal Constitution (1 mark)
Which provides to the effect that (1 mark)
the civil courts (1 mark)
shall have No jurisdiction (1 mark)
In any matter which falls (1 mark)
within the jurisdiction of the Shariah Court. (1 mark).


Sample answer by USIM LAW undergraduate 1050624

Civil court have no jurisdiction to preside over claims for Harta Sepencarian among Muslim since Shariah Court have the power to divide the said property by the court consideration and discrection. The Court have a power to order division of harta sepencarian as it’s stated on section 58 of IFLA 1984. This section provide the power of court to exercising for division of the property. Clause (4) of the section also give the power to the court to take into consideration the contribution made by the parties during marriage and also the need of the minor children of the marriage. This section clearly illustrated to us that the Syariah Court have enough jurisdiction to make sure that the harta sepencarian will be devided equally among the both parties.

In article 121 (1) A of Federal Constitution also provide the power of Syariah Court in order to give judgment in the case without any interference from civil court. Since our country have the unique law that consist of two court the jurisdiction of each court should not be have any interference by the other court. The jurisdiction of Syariah Court is to give a muslim an opportunity to be tried in Islamic law esspecially in family matters. The power of Syariah Court to settle any dispute among Muslim should not be interfere by any other parties. The amendment of article 121 of Federal Constitution give a big effect to the jurisdiction of Syariah Court to give the judgment. This article avoid the power of Civil Court to re-examined the Syariah Court judgement. It is also give a rise that the Syariah Judges may make their judgment accordingly to Hukum Syarak without any hesitate that their judgment will be re-examination by the Civil Court judges that is not have a back ground of Islamic Law.

[Marks earned: Four point Five (4.5) out of 11 marks]

Professor Dato' Radin Umar's reply 2

1:56:20
Tuesday
June 10 2008

lakukan yang betul demi kebenaran. Saya yakin Pengurusan USIM akan menanganinya secara adil________________________________

Professor Dato' Radin UmarDirector GeneralDepartment of Higher EducationMinistry of Higher Education MalaysiaLevel 3, Block E9, Parcel E62505 Putrajaya MALAYSIA

My second email to Prof Dato' Radin Umar

10 Jun 2008

Terima kasih Dato, saya masih dalam ketakutan.Diharap dapat menolong saya.

Professor Dato' Radin Umar's reply 1

12:53:48
Tuesday
June 10 2008

Assalamualaikum,Terima aksih. saya akan minta Prof Rujhan siasat dan membetulkan jika terdapat penyelewengan.Salam .________________________________
Professor Dato' Radin Umar Director General
Department of Higher EducationMinistry of Higher Education MalaysiaLevel 3, Block E9, Parcel E62505 Putrajaya MALAYSIA

My first email to Prof Dato' Radin Umar MOHE 10 June 2008

Askm Dato'

Saya (my real name), Pensyarah Di USIM. Saya telah dipaksa memanipulasi markah pelajar dan meluluskan pelajar kerana hanya dua pelajar lulus. Saya tidak mengubah markah kerana saya telah memberi markah dengan adil mengikut skema jawapan dan telah membuat kelas tambahan sebanyak 6-8jam sebelum peperiksaan untuk memperkasa pengetahuan pelajar.

Saya telah menerima surat daripada Dekan Fakulti Syariah & Undang2 menyatakan fakulti kecewa kerana saya enggan bekerjasama "memanipulasi markah" (my understanding, the exact wordings were "melihat/menyemak semula secara menyeluruh kaedah dan sistem penilaian yang dilakukan".)

Dekan juga menuduh saya tidak efficient dalam pengajaran saya.

Dato', saya mohon bantuan pihak Dato' kerana saya dihukum kerana enggan memanipulasi markah pelajar agar ramai lulus kerana ianya tidak beretika. No telefon saya ialah (deleted).
Terima kasih.

I still gave marks regardless of the poor English!!!!!

i. Provide the definition of Khul’.
(5 marks)
Khul’ is divorce by redemption (cerai tebus talaq) (1 mark)
whereby the wife (1 mark)
requests for divorce from her husband (1 mark)
by offering him money (1 mark)
or gifts. (1 mark)

Sample answer 1060596

Khul' one types of divorce follow by redemption (cerai tebus talaq) where by the wife requese or applied divorce from her husband by offering gift or money. According to Imam Hanafi, Khul' is divorce applied from wife to her husband with given back something. Offering the wife to his husband something not excess value of dower current solemnazation of marriage. Khul' is divorce redemption such talaq bain sughra or irrevocable.

(4.5 over 5 marks)

The Mid Semester Exam

Mid Sem answer scheme Ahwal Shahsiyyahh (Islamic Family Law). Please note that the questions are rote. Someone commented that I expect students to parrot the answers since the questions are rote. My defence would be:a. If i give subjective questions, the examiner who take over my marking can easily give extra marks. b. Since the questions are rote, it's either you know or you don't know the answer, if other examiners re-examine my papers (USIM appointed internal examiners from the same faculty to re-examine my papers), there's not much room for them to give extra marks because the questions are rote and I have followed the marking scheme carefully.


Question 1
1. What does Ta’liq mean? (4 marks)

"ta'liq" means a promise (0.5 Mark)
expressed by the husband (0.5 Mark)
after solemnization of marriage (1 Mark)
in accordance with Hukum Syara' (1 Mark)
and the provisions of Islamic Family Law (Federal Territories) Act 1984 (1 Mark)

[Very easy question. (To help the students get markah senang) The answer can be obtained from the Statute: Islamic Family Law ( Federal Territories ) Act 1984 brought into the exam hall/Yang ni boleh copy dari Akta Islamic Family Law ( Federal Territories ) Act 1984 yang dibawa masuk ke dewan]

Question 2.
What are the essential elements of a valid marriage under the Shafii sect?
(6 marks)
a. A male party 1 mark
b. A female party 1 mark
c. A wali 1 mark
d. Two witnesses 1 mark
e. The pronouncement of Ijab & Qabul 1 mark
(offer & acceptance). 1 mark

[Agama students learn the conditions of a valid marriage as early as when they studied in the secondary school/Depa dah belajar fiqh munakahat (hukum nikah) the previous semester, kalau tak tau rukun nikah, tak tau nak cakap apa].


Question3
Explain the principle under the Hanafi sect with respect to return of betrothal gifts in the event of a breach by one party.
(10 marks)

The Hanafi school takes the view (1 mark)
Where the betrothal gifts (0.5Mark)
are still intact (0.5Mark)

And have not changed their character (0.5)

Or been consumed (0.5)
Or destroyed (0.5)
The giver can ask (0.5)
for the return of the gifts (0.5)

If the breach is by the other party.
But if the article (0.5)

has ceased (0.5)
to exist (0.5)


Or has been consumed, (0.5)

sold (0.5)
or lost (0.5)
or used (0.5)
For example in making clothing (0.5)
There is no more right (0.5)
to ask (0.5)
for its return. (0.5)
(I had covered this in the tutorial. Texts were taken from Prof Ahmad Ibrahim's book Islamic Family Law Textbook/Yang ni I dah cover dlm tutorial sebelum peperiksaan)

The Questions for the Assignment

Dear Readers, OmegaMan, stcin, SJS, below is the instruction for the assignment

Assignment Islamic Family Law
To be produced in: English Language

Please read:
Aishah Ghani Memoir Seorang Pejuang,Dewan Bahasa dan Pustaka, 1992.Bab XVI: Undang-undang Keluarga Islam.

Questions:

1. What is the essence of the chapter? Provide the essence (intipati)not the summary (ringkasan).
2. Make a comparison between the initial Act and the current Act and highlight the differences (if any).
3. Is the spirit of the Act still in existence now?Explain.


Each Group: Minimum & Maximum 10 persons (Only one group has 9 members)
Spacing: Double
Font: Arial (14)
Pages: Question 1: minimum 7 pages maximum 10 pages (Excluding Bibliography)
Question 2:minimum 7 pages maximum 10 pages (Excluding Bibliography)
Question 3: minimum 7 pages maximum 10 pages (Excluding Bibliography)
No plagiarism!!!!
Date & time due:To be delivered to me at my room (InsyaAllah) by group leader by 10 am 2 February 2008. Marks will be deducted for late delivery.

Dear Readers, OmegaMan, stcin, SJS,

To me the questions require the undergraduates to be analytical.

They had to work in teams and I gave them a month to complete the assignment.

Their performance=DISMAL!!!!!!

Unfortunately the faculty took the assignment papers. Hmmmm! Masalah ni!!!!! I cannot show OmegaMan, stcin, SJS the papers.

Nor refutes MQA’s claim that it does not know her identity

Dear Readers

I refute MQA’s claim in theSun at page 6 being reported on Tuesday April 21 2009 that it does not know my identity in an article “Probe into lecturer’s ’sympathy marks’ case”. I complained about Universiti Sains Islam Malaysia’s (USIM) unethical practice forcing me to manipulate marks to Ketua Pegawai Eksekutif of Malaysian Qualifications Agency (MQA) Dato’ Dr. Syed Ahmad Hussein on the 10th of June 2008 (10/6/2008). Dato’ Dr. Syed Ahmad Hussein called me and informed me that MQA can only investigate allegedly “unethical Public Universities” in January 2009.

This year, I sent an email to Ketua Pengarah Biro Pengaduan Awam Dr Tam Weng Wah regarding USIM’s unethical practice forcing me to manipulate marks whereby I explained to him that I gave extra classes to the students after they performed badly in the mid semester exam. Then Dr Tam forwarded my email to En Mohd Asri bin Mohamad (mohdasri@bpa.jpm.my) on Wednesday March 4 2009 at 7:55:39pm which states the following:
“KPP (A4), Disertakan maklumat tambahan untuk tindakan susulan. Sekian, terima kasih. KP” This email by Dr Tam was being cced (cc) to the aforementioned Ketua Pegawai Eksekutif MQA, Dato’ Dr. Syed Ahmad Hussein at syedahmad@mqa.gov.my.

Then on Thursday March 5 2009 at 1:01:05 PM En Mohd Asri bin Mohamad (mohdasri@bpa.jpm.my) sent an email to the Ministry of Higher Education (MOHE) which reads the following:
“Tuan, Dikemukakan bersama-sama ini email aduan daripada pengadu untuk mendapat makluman dan tindakan pihak tuan jua. Dipohon maklum balas daripada pihak tuan dikemukakan terus kepada pengadu dan sesalinan dipanjangkan kepada BPA untuk tujuan rekod.Di atas kerjasama dan tindakan segera di pihak tuan amatlah dihargai. Sekian, terima kasih.” This email by En Mohd Asri bin Mohamad was also being cced (cc) to the aforementioned Ketua Pegawai Eksekutif MQA, Dato’ Dr. Syed Ahmad Hussein at syedahmad@mqa.gov.my.

Based on the abovementioned explanation, I hereby rebut MQA’s spokesman Muhammad Muammar Gaddafi’s claim in theSun which reads “..we do not know who the teacher is”.

Please be informed. Thank You.

Sincerely,
Nor

Probe into lecturer’s ‘sympathy marks’ case theSun TUESDAY APRIL 21 2009

Probe into lecturer’s ‘sympathy marks’ case

By Tan Yi Liang
newsdesk@thesundaily.com

PETALING JAYA:

The Malaysian Qualifications Agency (MQA) has begun a probe into a former public university lecturer’s allegations that she was forced to resign for refusing to give “sympathy marks” to underperforming students.

“The Complaints and Enforcement Unit is heading the investigation. We are looking into this because this is about quality,” said MQA spokesman Muhammad Muammar Gaddafi.

Muhammad, who spoke to theSun yesterday, said currently “we are checking the validity of the claims which were published in the Malay language daily Kosmo! last week”.

“We do not know if the accusation is valid or not. We have to see what Kosmo! reported, and we do not know who the teacher is,” said Muhammad, who declined to comment further on the probe.

“It is still too early to make any comment,” he said.

The lecturer, who spoke anonymously on April 15, told the paper that she had resigned from Universiti Sains Islam Malaysia (Usim) as she was unable to tolerate the pressure to give out “sympathy marks” to students who had failed an examination set and marked by her.

In that examination, only four out of a class of 157 passed, prompting the university to send her a letter through the faculty dean calling for an explanation for the high failure rate.

She was then criticised heavily by her superiors who allegedly pressured her into adding marks based on the attendance of students.

She refused as she felt it was the responsibility of the students to turn up for classes.

“How am I to give them more marks if they are undeserving. I have given them all the marks I can even though the students do not deserve them,” said the lecturer, who had been teaching in Usim’s law faculty since 2007.

However, her allegations were dismissed by Usim vice-chancellor Datuk Dr Abdul Shukor Husin who said that the university had a clear procedure for marking test papers and that Usim had been ISO 9001:2000 accredited since 2004.

“We obtained our ISO 9001:2000 accreditation on Nov 11, 2004, and we were re- accredited on Jan 8 last year by the Standards and Industrial Research Institute of Malaysia (Sirim). This proves that we have clear and transparent procedures in place,” said Abdul Shukor in a press conference on Sunday.

He said examination results were first scrutinised in a meeting of the faculty’s undergraduate exams committee before being validated by the University Senate.

“We also have an external panel that oversees the academic and examination system,” he said.

I reported to MOHE about USIM in June 2008 -Letter to the Star

Dear Sir
With respect to the article and letter published by the Star namely "Out goes the lecturer" & “No compromise on excellence”, I thank the Star for highlighting my plight. The author of the letter “No compromise on excellence”, CHAN SIANG YEN, wrote "Will the Higher Education Ministry investigate this matter?". For the record, I reported Universiti Sains Islam Malaysia’s (USIM) victimization towards me to the Ministry of Higher Education (MOHE) in June 2008. I also reported to the MOHE in September 2008 that I had reached the end of my tether as my USIM superiors continued victimizing me.

In November 2008 (five/5 months after I reported my victimization to the MOHE), I was "forced to resign due to USIM’s continuous victimization" and also out of frustration as I received no official response from the MOHE regarding USIM’s victimization, despite the fact that I wrote to the MOHE, ten (10) times before I resigned.

I retracted my resignation letter as USIM had not punished my superiors who victimized me but USIM refused to accept my retraction.

I only got an official reply from the MOHE in February 2009, nearly EIGHT (8) MONTHS after I lodged my complaint against USIM. The MOHE’s reply is the following:
"2. Sebagaimana Puan sedia maklum, Jabatan ini telah menerima aduan Puan mengenai isu Puan dituduh tidak efisyen kerana enggan bekerjasama dalam menilai semula markah pelajar yang mengikuti kelas Puan pada 15 Jun 2008. Jabatan ini melalui suratnya kepada Naib Canselor Universiti Islam Sains Malaysia (USIM) rujukan JPT (A) 1000/011/011/04 bertarikh 27 Jun 2008 telahpun melakukan siasatan ke atas isu seperti tersebut di atas dan mendapati bahawa Senat USIM telah bertindak wajar atas kapasitinya selaku authority tertinggi dalam hal ehwal akademik dan mempunyai hak untuk memohon markah pelajar dinilai semula.
3. Jabatan ini sekali lagi menerima aduan dari Puan pada 3 Disember 2008 mengenai isu ketidakadilan yang berlaku terhadap Puan sehingga mendorong Puan meletakkan jawatan selaku Pensyarah Universiti Gred DS45 berkuatkuasa mulai 18 Disember 2008 melalui surat Puan kepada Pengurusan USIM bertarikh 17 November 2008. Jabatan ini telah sekali lagi meminta laporan maklum balas Pengurusan Tertinggi USIM mengenai perkara ini melalui percakapan lisan antara saya dan Tuan Addenan bin Hj Abdul Rahman, Pendaftar USIM. Jabatan ini telah meneliti laporan tersebut dan mendapati perkara-perkara berikut:
a) Urusan permohonan perletakan jawatan Puan
adalah mengikut prosedur yang telah ditetapkan
oleh USIM.
b) USIM berhak untuk menerima atau menolak
permohonan perletakan jawatan Puan; dan
c) USIM mempunyai kuasa autonomi dalam hal ehwal
pengurusan dan pentadbiran akademik Universiti.

4. Setelah mengambil kira kesemua aspek perbincangan antara saya, Puan dan juga Pengurusan USIM, saya mendapati bahawa tidak timbul sebarang salah laku dari aspek perundangan berhubung kes Puan.”

I wish to highlight here that the MOHE took nearly EIGHT (8) MONTHS (June 2008 to February 2009) to reply to my written complaints, regardless of the fact that I had informed the MOHE in June 2008 and September 2008 of USIM’s continuous victimization. Please note that on 19th June 2008, I lodged a complaint to the MOHE regarding the verbal abuse by USIM’s Timbalan Naib Canselor (Akademik) Prof Dato Dr Muhammad Muda.

I went to see Prof Dato Dr Muhammad Muda, Timbalan Naib Canselor (Akademik) on 19th June 2008 regarding Prof Dr Hj Abdul Samat Musa, Dean of USIM’s Syariah & Law’s Faculty’s victimization towards me.

In the meeting, Prof Dato Dr Muhammad Muda shouted at me and said the following to me:
1. You are a failure. Your effort goes down the drain
because your students fail . The government can spend
a lot of money training but it's no use if the students fail.
(I explained to him before he made the remark, that I
spent 6 to eight hours (free of charge) giving them extra
classes due to their poor performance in the mid
semester examination . I also spent 2 to 3 hours per
week (free of charge) for ten weeks teaching English to
my students in order to enhance their vocabulary).
2. You are not suitable for our university. You are at the
wrong place. Our university rates our students based on
their development. We are unlike professional bodies
like Accounting professional bodies which grade their
students based on their performance in professional
exams. (Before he made his remark, I explained to him
that I graded the exam papers based on the merit and
cogency of the answers given as well as based on the
marking scheme).
3. You should leave our university. (I asked him to issue an
official letter that he wants me to quit teaching as he said
that I am not suitable for the university).
4. Can your students understand your teaching as a majority
of them failed?
5. How come your students distorted what you taught?
6. Are you telling me that 153 students (those who failed
my courses) do not understand what you taught? There
must be something wrong with your teaching!
7. What do you think of our students? You look down
at our students!
8. Why are you so vindictive?

Please note that the meeting was the first time I met Prof Dato Dr Muhammad Muda and yet he accused me of being vindictive.

I reported Prof Dato Dr Muhammad Muda’s verbal abuse to USIM & its Senate in June 2008. USIM never took any action against Prof Dr Hj Abdul Samat Musa’s & Prof Dato Dr Muhammad Muda’s victimisation towards me, until today.

Based on the fact that the MOHE took nearly EIGHT (8) MONTHS to give its official respond to my complaint, I am of the view that the MOHE is incompetent, inefficient, lacked the urgency to help me and not interested to render justice to me .

I find the MOHE’s decision that the Senate of USIM has the authority to review the marks to be MOHE’s approval of USIM’s action altering low marks awarded to its UNDERGRADUATES regardless of the “poor quality” of the answers given. Please find attached samples of the questions posed and answers given and be the judge of the quality.

I also find that the MOHE’s decision, that USIM has full autonomy, reflects the MOHE’s failure to understand the World Bank’s Report on Malaysia “Malaysia and the Knowledge Economy: Building a World-Class Higher Education System” (which MOHE helped to prepare) which states, “Increasing autonomy of public universities and expecting full accountability in return” which means that “Autonomy of public universities in Malaysia is not absolute as such universities are expected to be fully accountable in their decision-making.” USIM must be accountable for all its actions forcing lecturers to manipulate marks to get higher ratings and its victimization towards me.

USIM cannot accept the fact that my students are weak and have poor command of the English language. I asked Prof Dato Dr Muhammad Muda on 19th June 2008 why are the courses taught in English as the undergraduates who learnt English since they were in Standard One, are not proficient in English? He answered, “You have NO RIGHT to ask the question!” I said to him, “What do you expect me to do, lower my standards?”

USIM in Harian Metro 17th April 2009 accused me as “berniat jahat” (having bad intention/being malicious). I reported to Kosmo regarding USIM’s victimization towards me for refusing to manipulate marks, as Universiti Sains Islam Malaysia (USIM) uses the name Islam but desecrated, corrupted and defiled Islam with its unethical practice of manipulating marks. USIM also victimized me although I strive to be an upright (Takwa) Muslim. USIM higher officials signed their letters to me under the slogan “BERILMU, BERDISIPLIN DAN BERTAKWA”. BERTAKWA means being “god-fearing, righteous & upright”. I find USIM higher officials who victimized me and manipulated marks to be “tidak BERTAKWA”.

Universiti Sains Islam Malaysia should not mislead the public with its unethical practices that desecrate and defile Islam. It must carry the name Islam with Takwa!

The Ministry of Higher Education as the custodian of Higher Education in Malaysia must not protect and cover up USIM’s unethical practices. It must be honest!!!!!

Please be informed.

Sincerely
Nor

Question A
Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Answer scheme
When the eddah period has expired
(1 mark)
Talaq through fasakh
(1 mark)
Talaq pronounced before the consummation of the marriage
(1 mark)
Talaq through khulu’.
(1 mark)

Sample answer 1 Question A
4 instances of Talaq Bain Sughra.
The husband pronounce the wife not get the consummet from the husband, the wife not the period iddah after the divorce.
The husband divorce the wife time period the wife must After 3x suci from it For the husband ruju’.
The wife in the hamil must born the baby for the husband ruju’ him.
Marks earned: 0.1 out of 4 marks

Question A
Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Answer scheme
When the eddah period has expired
(1 mark)
Talaq through fasakh
(1 mark)
Talaq pronounced before the consummation of the marriage
(1 mark)
Talaq through khulu’.
(1 mark)
Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Sample answer 2 Question A
Talaq Ba’in Sughra is the husband pronounced the divorce or talaq one or two times before consumption of the marriage or sex. Four instances of Talaq Ba’in Sughra are if the man or husband want to married ex-wife, the marriage must have a new marriage ceremony and new akad nikah without waited the ‘iddah. The woman cannot married another man and divorce and after iddah marriage the ex-husband.
Marks earned: 0.7 out of 4 marks

Question A
Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Answer scheme
When the eddah period has expired
(1 mark)
Talaq through fasakh
(1 mark)
Talaq pronounced before the consummation of the marriage
(1 mark)
Talaq through khulu’.
(1 mark)

Sample answer 3 Question A
Talaq Ba’in Sughra is a talaq whereby the talaq that severed immediately on the pronouncement of talaq and has no period of eddah.

The four instances are:
1) Talaq by fasakh
Talaq by fasakh will be effected if;
(1) where the wife the whereabouts of the husband of more than one year.
(2) The husband has neglected or failed to give maintenance to his wife.
and etc. as stated in section 52 of IFLA 1984.
(2) Talaq by Khul’, ‘cerai tebus talaq’.
(3) Where the talaq or divorce irretrievably broken down and both spouses cant be reconcilled.
(4) Where the husband made pronouncement of three talaqs and that he cannot remarry her except if she marries the other man and having consummation/ sexual intercourse between that man.
2 marks out of 4 marks

Question A
Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Answer scheme
When the eddah period has expired
(2 mark)
Talaq through fasakh
(1 mark)
Talaq pronounced before the consummation of the marriage
(1 mark)
Talaq through khulu’.
(1 mark)
Give four (4) instances of Talaq Ba’in Sughra.
(4 marks)

Sample answer 4 Question A
Talaq Bain Sughra is a dissolution of marriage by parties after they consumption and must make a new ceremony of marriage and new mas kahwin when want to return to original marriage state or to revocable after period of iddah. For instances of Talaq Bain Sughra is Khul, Fasakh, Ta’liq and divorced by one or two talaq.
1.9 out of 4 marks

Question B
What are the consequences of Talaq Ba’in Sughra.
(6 marks)

Answer scheme
Dissolves a marriage instantly
(1 mark)
at the time of pronouncement.
(1 mark)
The rights of the wife cease as soon as the talaq is pronounced.
(1 mark)
If the ex-husband wishes to resume marital relationship with his ex-wife,
(1 mark)
he has to undergo a new marriage ceremony with her
(1 mark)
with a new mas kahwin.
(1 mark)

Sample answer 1 Question B

Talaq ba’in sughra is an irrevocable divorce. In the other words, a spouses cannot revoked the talaq pronounced by ruju’.

However, if they are intent to return back to each other. They need to come with a new mahr and new aqd.

A rights of wife is ceased immediately after the pronouncement of talaq. However, she is still entitled for a mutaah, share in harta sepencarian etc. 2.4 out of 6 marks

Question B
What are the consequences of Talaq Ba’in Sughra.
(6 marks)
Answer scheme
Dissolves a marriage instantly
(1 mark)
at the time of pronouncement.
(1 mark)
The rights of the wife cease as soon as the talaq is pronounced.
(1 mark)
If the ex-husband wishes to resume marital relationship with his ex-wife,
(1 mark)
he has to undergo a new marriage ceremony with her
(1 mark)
with a new mas kahwin.
(1 mark)

Sample answer 2 Question B
1. The husband can ruju with the wife because not talaq three the husband must marriage ceremony.
2. The wife diverce on the time prenenet baby must the born baby, the husband can ruju,with the wife.
3. The husband diverce the wife not consummeted not iddah,
4. The husband diverce the wife in the time period women must the wife 3 suci for the husband ruju.
0.1 out of 6 marks

Question B
What are the consequences of Talaq Ba’in Sughra.
(6 marks)

Answer scheme
Dissolves a marriage instantly
(1 mark)
at the time of pronouncement.
(1 mark)
The rights of the wife cease as soon as the talaq is pronounced.
(1 mark)
If the ex-husband wishes to resume marital relationship with his ex-wife,
(1 mark)
he has to undergo a new marriage ceremony with her
(1 mark)
with a new mas kahwin.
(1 mark)

Sample answer 3 Question B
The consequences of talaq Ba’in Sughra are where the husband does not agree to voluntarily pronounce a talaq, but the parties agree to a divorce by redemption or cerai tebus talaq, the Court shall, after the amount of the payment of tebus talaq is agreed upon by the parties, cause the husband to pronounce a divorce by redemption.

Talaq Ba’in Sughra is three talak, but when the husband want to return him wife, he must view marriage. And did not to wait the wife to marriage another man.
O out of 6 marks.

"No compromise on excellence"-CHAN SIANG YEN,The Star

Friday April 17, 2009

No compromise on excellence

I AM greatly disappointed after reading “Out goes the lecturer”. Is the incident true? That a lecturer was forced to resign just because she stood for academic excellence?

If indeed it is true, what has become of our public universities, and how long has this been happening?

How is the nation supposed to move forward with sub-standard graduates?

Don’t talk about centres of excellence, apex university status or human capital development, not even Vision 2020, when the mere act of maintaining academic standard is criticised and disapproved of.
Will the Higher Education Ministry investigate this matter? Will there be a revamp of our higher education system? Will there be positive change?

CHAN SIANG YEN, Penang.

Out Goes The Lecturer- The Star

http://thestar.com.my/news/story.
Thursday April 16, 2009

Out goes the lecturer

A UNIVERSITI Sains Islam Malaysia lecturer who passed only four out of 157 of her law students claims she was forced to resign so that the university could protect its reputation, Kosmo! reported.

Nor (not her real name) said the reason she left was because she could not stand the pressure from the university management on her to give “sympathy marks.”

“How am I to give extra marks if the marks they got is what they should be getting?” she said, adding that her downfall started when she received a show-cause letter on why so many students had failed.

She was then criticised by her superiors, who also wanted her to add marks based on attendance so as to reduce the number of failures.

“I stood my ground. How could I give them marks for that when it is their responsibility to show up for classes?” she added.

The university declined to comment.