poobalan.com

will this be considered as interfering with syariah courts?
the plot thickens…

Stay against Syariah proceedings http://www.thestar.com.my/news/story.asp?file=/2007/3/31/courts/17314381&sec=courts
By CHELSEA L.Y. NG
PUTRAJAYA: R. Subashini, who was told to go to the Syariah Court to fight for her matrimonial rights, obtained a temporary injunction from the Court of Appeal to preserve her civil rights pending her appeal to the Federal Court.
In a majority judgment, Justices Gopal Sri Ram, Suriyadi Halim Omar and Hassan Lah, who heard Subashini’s application yesterday, granted an injunction preventing her husband, who had converted to become a Muslim, from initiating or continuing with any proceedings in the syariah courts or converting their younger son. Justice Suriyadi dissented.
Subashini’s lead counsel Malik Imtiaz Sarwar had argued that the injunction was important because even if the Federal Court were to decide in her favour later, the judgment would be rendered academic if the husband, T. Saravanan, was allowed to get a final order of divorce from the syariah court first.
“All I am asking for is the preservation of status quo. The Syariah Court orders, if not stopped, will cause my client severe prejudice,” said Malik.
Justice Suriyadi then asked: “Has there been any attempt to convert the second child since the day we gave judgment?”
Malik: “Not that we know of. Perhaps my learned friend for the respondent can shed more light on this.”
Justice Suriyadi: “This is your case. You show me. I am looking at things in a rather clinical manner. You want an injunction you must show to me why it should be granted. I do not want to be set by external factors. I asked, are there any changes, and you said ‘No’. So, status quo is the same.”
Justice Sri Ram then asked Malik whether there was any custody issue involved, to which the counsel said that his client was a mother who would be deprived of her right to custody of her children if her husband succeeded.
Haniff Khatri Abdulla, who acted for Saravanan, then said the injunction bid was “another attempt to restrain the husband from reaping the fruits of a judgment in his favour”.
Haniff then said that the panel could not grant an injunction now since it had earlier affirmed the setting aside of an interim injunction granted to Subashini when it dismissed her appeal on March 13.
Haniff: “It amounts to the court reviewing its own decision.”
Justice Sri Ram: “Nonsense. This is a fresh application. We are not reviewing. We are asking you to prevent the husband from pursuing his case in the other court pending his wife’s appeal to the Federal Court.”
On March 13, the same panel had in a majority judgment ordered Subashini to battle out her divorce and custody claims at the Syariah Court.
Earlier on Sept 25 last year, Judicial Commissioner Aziah Ali set aside the injunction granted to 28-year-old Subashini a month earlier, which had enabled her to temporarily restrain Saravanan, 31, from commencing with the proceedings in the Syariah Court.
The couple, who has yet to finalise their divorce, has two children, Dharvin Joshua, three, and one-year-old Sharvin.
Saravanan, whose Muslim name is Muhammad Shafi Abdullah, claims that the elder child had converted to Islam with him in May.
Later yesterday, Subashini’s solicitor K. Shanmugam filed her application for leave to appeal to the Federal Court.

Popularity: 2% [?]

one of the 30 schools is simpang lima tamil school. one other chinese school, one orang asli school, one remote area school and one special school (sekolah khas). another 4 agama school and the rest is national type schools.
Big plan for cluster school
KUALA LUMPUR: Academic excellence as well as gaining international recognition for non-academic success is the way ahead for the country’s cluster schools.
Principal Mat Noh Supaat of SMK Gunung Rapat, Ipoh, has big plans for the sports programme in his school, moving from aquatics, bowling and badminton to include “luxury sports” such as equestrian sports and golf.
“We’ve been performing well on the international level with our current activities but I want to diversify what we have and bring in more foreign coaches,” he said.
And, Mat Noh added, he also wanted to introduce international examinations such as the A-Levels and International Baccalaureate into the school’s assessment system.
SMK Gunung Rapat is among the first 30 schools selected under the Education Ministry’s cluster of excellent schools concept.
Minister Datuk Seri Hishammuddin Tun Hussein said it was not easy for the Cluster of Excellence Advisory Board to shortlist the 30 schools.
Those selected, he noted, were examples of schools with the potential to compete in the international arena.
“The 30 pioneer schools clearly have their own strengths and ethos. They reflect the type of schools that we want.
“In a way they are not that lucky because they have been thrust into the limelight and the pressure is on them to prove their potential,” he told reporters at a press conference after launching the concept yesterday at the KL Convention Centre.
Hishammuddin added that the success of the concept depended on the 30 schools, which would pioneer new approaches such as autonomous administration and school-based examinations.
“They will set the benchmark that the other schools will have to meet,” he said.
One of the main strategies in the National Education Blueprint 2006-2010, the cluster school concept is aimed at spurring outstanding schools to achieve world-class standards and become centres of excellence.
The schools are expected to hone their niche areas, which include co-curriculum activities, sports, science and technology, and technical and vocational studies.
The ministry is aiming for an initial batch of 300 schools. The other 270 places are open for applications and interested schools can apply through the state education departments.
According Hishammuddin, the heads of cluster schools will be sent for a two-month intensive management and leadership training programme at King’s College, University of London.

Popularity: 2% [?]

Woman fails in bid to renounce Islam

29 Mar 2007
source

KOTA KINABALU: A 24-year-old Muslim woman yesterday failed in her application to renounce Islam on the grounds that she did not practise the religion and was never given religious education.

Syariah High Court judge Jasri @ Nasip Matjakir said the applicant did not submit any concrete evidence that she was no longer a Muslim in action, behaviour or deed that could expel her from Islam.

In her affidavit, read by counsel Hamid Ismail, the Sino-Kadazan said her non-Muslim lifestyle would cause society to look down on her and she would be subjected to the judgment of the syariah court.

The applicant’s father was a Muslim while her mother, a Sino-Kadazan, converted when the couple got married.

Hamid said the basis of her application was under Article 11 of the Federal Constitution that she had the right to choose her religion and must not be prevented from doing so by anyone.

This is as held by the Su- preme Court in the case of Minister of Home Affairs, Malaysia and Anor v Jamaluddin bin Othman, 1989 1 MLJ 418.

The second basis was that Islamic law on apostasy is not applicable in Malaysia because there is no total application of Islamic law in Malaysia.

Jasri, in his judgment, said although the Federal Constitution did state that every individual deserved to choose his or her religion, it did not give authority to the syariah court to allow Muslims to renounce their religion. “The court can only decide whether one’s action is permissible according to Muslim laws.

“The reasons given by the applicant are based on fear of punishment which is against the teachings of Islam. Is fear a good enough reason?

“The court finds the reasons given are weak and not one that can be used as permissible to murtad (leave Islam).”

Popularity: 2% [?]