You can go to jail 5 years for showing your bebird?

 


Written by: Averroes

People of all ages and regardless of national boundaries express their vexation, disaffection and irascibility through this non-verbal act. When did this offensive gesture appear and how was it even adopted or has influenced our local culture, considering the fact that historically and culturally speaking, are not Malaysians, especially our customs and norms are more lenient and courteous in civilized interactions?

History marks itself as early as the ancient Hellenistic times were arts and sexuality are interwoven together, sparking a global phenomenon and wave of aesthetic appreciation. According to an anthropologist, Desmond Morris, it is among the primeval exhibition of ancient insult known to mankind in which the genitalia of a man is shown by curling the middle finger into a phallus and the other clumped fingers resembles the testicles. 

It is a taboo and offensive offering to another person. The Romans had their own version or nomenclature for the middle finger, styling it as digitus impudicus. One time, a Roman historian by the name Tacitus recorded that the German tribes presents an inspiring finger at marching Roman soldiers (Conley, n.a)

In the Epigrammata of the 1st Century AD, the Latin Poet Martial whom enjoys the splendour of good health reaches out the finger as "the indecent one" to three doctors. As time progresses, this European culture had spread to America, in the year of 1886 where Dr Morris said that it might have came from Italian immigrants whom are closely related to the Romans, Latin and Hellenistic cultures, where a pitcher for the Boston Beaneaters showed it in a joint team photographer with their New York Giant Rivals. 

The history of how this culture expanded to the shores of Malaysia is quite bizarre and perplexing to discuss, it might have be triggered by the mass exodus of internet connectivity and the dawn of the era of globalization. Malaysians are among the highest consumers of the internet and foreign visitors arrive at our airports daily, bringing along their cultures and expressions to our local people. Telecommunications, films and media might also have affected the way Malaysians convey their emotions. 

This is of course different from what our Austronesian and Malay predecessors display their displeasure. The people of this archipelago were taught to convey it through means of literary and modest approach of uttering heavenly and picturesque phrases through metaphors, poems and verses which veils the literal meaning to regulate their ruefulness. This is the actual custom and norm of the people here where it is more proper and civilized than the Romans and Greeks at the time. 

One example can be seen as in the vaunted Hikayat Raja Pasai and the Tuhfat Al-Nafis fables which depict such verses as the following respectively;

Demi didengar Sultan kata itu, maka baginda pun marah terlalu amat sangat,mukanya pun taram taruman dan segala romanya pun berdiri serta baginda bersabda kepada mamanda Sayid Ali Ghiatuddin menyuruh menghimpunkan segala menteri

Dipertuan Terengganu sudah turun ke kenaikan hendak hilir. Maka gemparlah, dan khabar itu pun sampailah kepada Raja di Baruh. Maka Raja di Baruh pun terkejut, serta bangkit lah marahnya dan berangnya. Maka ia pun menghunus keris panjangnya, lalu berlari ke pangkalan sambil katanya, “Tiada balasnya Tun Dalam itu, melainkan tuntung keris ku inilah!”

Though naturally by reading from those context, the phrase mukanya pun taram taruman did mean that the Sultan face was blemished in blue hues indicate that patience and composure is the practice of the people in the past. 

Also in the phrase of Maka ia pun menghunus keris panjangnya, as Raja di Baruh was vexed by Dipertuan Terengganu, hoisting your Keris dagger was a sign of honour, prerogative, power and nobility of the monarchy which is a humble yet powerful wield exonerated by his majesty, not some curling of finger that reflects a men genitalia. 

In the author's perspective, if any person were to show the middle finger in public, we should not retaliate or report these people. Even so, we should not even be familiar with the gesture in the first place. The middle finger is a foreign importation and is not peculiar to the people of Malaysia. Therefore, if we were to raise the finger then it would not have carried any meaning or any other extraneous interpretation.

There are many other pressing issues for us to report to the police rather than this petty act or stunt in public. Doing so makes us no better person, rather we should approach people which such disposition and have a discourse rather adding fuel to the the flames. 

This came after when a Human Rights Activist and Lawyer, Siti Zabedah Kassim had the charge under section 509 of the Penal Code terminated against her by the Attorney-General Chambers. This occurred on April 18th, 2018 and there are still authorities who wish to recall the investigation papers alleged against her. 

There would be no NFA, (no further action) she claimed on her Facebook post. Though, party informant chief Nasrudin Hassan states that at least three commoners were jailed and fined for the finger. He even accused Tommy Thomas was said to have close ties with her which made the action cancelled off as he had danced on stage with her together with Tommy Thomas and Liew Vui Keong, thus strengthening the claim of fraternizing with members of the judiciary and executive. 

The provision states as following; 

"Whoever, intending to insult the modesty of any person, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such person, or intrudes upon the privacy of such person, shall be punished with imprisonment for a term which may extend to five years or with fine, or with both."

This is the same provision that could be used for masturbating in public which the author wrote about the other day. This provision may be interpreted to all aspects. However in her case, for many people it may have seen to be offensive and vulgar at one point, the incident happened at a 2016 forum which dealt with academic and intellectual discussions on Hudud Laws. 

It may have incited her to respond back with the finger since the audience who are said to be supporters and champions of Islam, but behaved conversely by booing and heckling in her in the video. That was during the moment of heat of passion any anyone who were abruptly interrupted with mocking jeering and loathing cackling wound of course could not contain themselves. 

The fault lies on the people whom started. Islam does not teach us to interrupt a person while they are asking questions nor mock them while they are talking. A healthier and mature discussion must be spearheaded and more important topics should be discussed and energy should not be wasted on feckless problems. 

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