A Letter from Kyle to Kyle

Do men think that they will be left alone on saying, “We believe”, and that they will not be tested?

Al-‘Ankabut: verse 2

It has been quite for some time since I have been around here and to be frank, it does make me feel such a pain in the ass. Houseflies, ants and mosquitoes. To certain extant, they do, effectively, contribute as part of my source of worry and I’m sick of it. Up till now, I still remember it correctly, the fact that I’m pissed by a group of thirsty ants that committed suicide in my electric kettle!  I knew being a living thing, water is essential part of their lives but, come-on, instead of my kettle, why don’t you guys drink in my toilet? By right, there is a lot of fresh water inside there! It’s like, living in millennium era, everything getting smarter (including ants coz they prefer my boiled plain water to water in the toilet!).

The same thing goes to mosquitoes in my bedroom and houseflies in my kitchen. For cockroaches, perhaps it will be well addressed in the next coming post, otherwise this post gonna be four pages long. The thing is, they just came without being attracted. The day where my patient reaches its limit has finally come, and it’s silly to mention that I uttered those, “Kenapalah kewujudan kamu membawa binasa kepada manusia, mahkluk perosak.” (vector, your existence brings more harm than good). It is after few months later, I managed to find the “hikmah” (wisdom) that is concealed along with the existence of the vector that I hardly see via my bare eyes. So, I’ve decided to write a short letter to myself that I propose it to serve as a remainder in the future.

Dear Kyle,
I thought you knew it already that Criminal is a tough subject. Yet, it’s rather tough for you to estimate the accurate time when a victim was murdered once you become a lawyer for criminal litigation in the next coming 2 years. You used to be a science stream student but for now, the calculation should be vested in expert witness, forensic and the police. For sure they are quite reluctant to share any information, what more when you are defending the accused. But if you are smart enough, just take a maggot from the corpse. At least, you will be able to discover how long the corpse has been there by reflecting the age of the maggot. Remember, housefly is the first vector to come to dead body after 6 hours it shall so called dead body. After all, houseflies are not that bad, isn’t it?

Compare and Contrast. Ants, bees and spiders with “Al-Naml”, “An-Nahl” and “Al Ankabut”.  They are the surah in the Holy Quran. At least, they are popular than you coz Allah recognised them in His words. Is there surah Kyle? Had you read the Holy Quran and understand its meaning by your heart, you will not question whether ants give you more good or more harm. So, if you just recite or memorise the Holy Quran without knowing or even try to get to know its meaning, more or less, it is same as you try to blindingly memorise the principle in cases for the sake of passing the exam without knowing how to apply and  what it use for. It is ironic that even ants knew how to respect their Queen and work only for Her-majesty (Gustavo revealed that when the Queen died, the entire colony will depress and die due to depression) but human beings fail to do the same. In fact, they jeered the Royal via blog. (Hm... I think fyzal must be agreed with this).

Yes. It is all due to Allah’s will. Namrud died due to virus that damaged his neuron and that virus is carried by mosquitoes. It served him right for burning the Prophet Ibrahim A.S. Dear Kyle, let’s turn the table now, to what extent is your contribution toward your own religion, Islam? I knew that you have already recovered from your long fever. Thanks to Allah, your platelet is 214 and it negates the idea or possibility that it is dengue fever (nauzubillah). However, the moral lies behind the hardship that you endeavour. It is how you value your health, friendship, the sweet of completing your ‘amal’, and the taste of the food that you consumed. You only enjoyed it and feel it when you sick but you hardly think about it when you are healthy.  It is not even dengue and it’s just you the one who presumed it as dengue. It is due to that presumption that you took all reasonable precautions (I noticed a new Shieldtox aerosol in your bedroom). Can’t you see the aura of mosquitoes? And so does its merits?

Bear in mind that those ants, houseflies and mosquitoes implies the obligation to be in clean, the quality of being discipline and the value of caring for one another. Now, go seek for Allah’s forgiveness.  

The one who always remind you to reconsider and to evaluate,
Nafsu mutmainah

The Legal Nature of Intenational Law [2nd Post]

 Is international law really law?
i.         The lack of institutions.
The functions of government can be differentiate into the legislative, executive and judicial to ensure that these functions are exercised by different individuals to avoid tyranny. In the context of International Law, it is not possible to locate a permanent supreme legislative body.
a)      The General Assembly of the United Nations is not such a body and was never intended to be so. The Security Council has power by resolution to regulate the conduct of dispute between states but these powers are limited to specific threats to peace and can only be made within the specific terms of the Charter.
b)      However, even in those limited resolution, it does not have the state organs to implement its resolution. In contrast, in an efficient and well organised state, a legislature will not only be able to pass a law but also be capable of raising the revenue through taxation to provide resources to implement that law.
c)      In the context of the judicial branch, an international court only dates from 1920 and since it does not possess compulsory jurisdiction, even a dispute that is capable of legal analysis may not be referred to the court. Examples; the question of the precise boarder between Iraq and Kuwait. Further, there is no obligation upon States to appear before the International Court of Justice unless the parties have consented in advance.
ii.       International law is determined by the self-interest of individual states.
a)      It is argued that a state may act if its vital interests are threatened but not otherwise. Examples; critic is well placed on the conduct the United States in organising the bombing of Lybia in 1986 or liberating Kuwait in 1990-1991, while showing considerable reluctant to involve itself in the disintegration of Yugoslavia.
b)      Treaties are the closest analogy to legislation in international law however treaties are more akin to contract than legislation; a source of obligation rather than law. If a treaty is viewed as a bargain concluded between parties then it is apparent that parties are more concerned with their own self interest rather than with the general good characteristic of legislation.
The preposition that treaties are consensual obligations gives rise to the following result:
                                                                                      I.            States are not bound unless they consent to them.
                                                                                   II.            Government may be in a position to pick and choose parts of a treaty to obey.
                                                                                 III.            States are empowered to opt out of the process at any time.
iii.      Ubi societas, ibi jus (‘If there is society, law will be there,’ by Cicero).
No society has operated successfully for any length of time without legal rules to balance the competing interest in that society. Law is thus both a social fact and a social necessity.
a)      In the modern world of over 150 autonomous states, law is needed to regulate and promote a degree of cooperation between these states. In the modern world where cooperation is the norm, it is claimed that law is simply a social necessity.
b)      Sovereignty was linked to territory. A ruler of a state was only sovereign within that territory. Such a premise naturally gave rise to questions as to the status of the ruler outside his own territory so that where sovereignty ended the International law began. Therefore, it is argued that International law grew up because of the territorial limitations on sovereignty.
a)      John Westlake argued that every society had a legal system and that international law existed if one could demonstrate that international society existed. With such a large number of international organisations, there can be no doubt that international society existed.   
iv.     International law appears devoid of proper means of enforcement.
a)      People believe that State have little respect for international law and have no incentive to comply with it in the absence of world government. This belief springs firstly from the common misconception that international law is broken with impunity.
b)      The fundamental characteristic of international law is that its function is to regulate the relation between states (entities known to be sovereign and which assert their full independence of any legal order). This raises the problem of how these states which affirm their sovereignty can be subject to international law. If one postulate at the outset that there is no higher authority than the state, how can the norm of international law be produced for and applied by such a sovereign state?   

     Reference: Various sources from International Law textbooks.

Happy New Year 2010

Kyle Fahkrurazzi wishing you Happy New Year 2010.
“System maintenance in progress; new features coming”