Comments on: Indira to get her kids http://poobalan.com/blog/borninmalaysia/2009/04/24/indira-to-get-her-kids/ SwarnaBumiputran of Malaysia Fri, 10 Feb 2012 09:50:51 +0000 hourly 1 By: darshiny http://poobalan.com/blog/borninmalaysia/2009/04/24/indira-to-get-her-kids/comment-page-1/#comment-51904 darshiny Thu, 25 Nov 2010 12:05:35 +0000 http://poobalan.com/blog/?p=4498#comment-51904 how can the court say that shamala is guilty of contempt of court. she might be a person who did not known about the law. But what happened to the Shariah Court Judge who supposed to know the law much more better than shamala here. Even first year law students know that Shariah Court has no jurisdiction to hear thi case as shamala was married under the Law Reform (Marriage and Divorce) Act 1976. If the court wants to charge her for the contempt of court then they must also look at the Shariah Court's juriscdiction. how can the court say that shamala is guilty of contempt of court. she might be a person who did not known about the law. But what happened to the Shariah Court Judge who supposed to know the law much more better than shamala here. Even first year law students know that Shariah Court has no jurisdiction to hear thi case as shamala was married under the Law Reform (Marriage and Divorce) Act 1976. If the court wants to charge her for the contempt of court then they must also look at the Shariah Court’s juriscdiction.

]]> By: Killer http://poobalan.com/blog/borninmalaysia/2009/04/24/indira-to-get-her-kids/comment-page-1/#comment-11612 Killer Fri, 24 Apr 2009 16:47:32 +0000 http://poobalan.com/blog/?p=4498#comment-11612 Yes, you are right that the cabinet's decision is not binding legally. But then it was never meant to so. The purpose of the decision is to the high level policy, which will be encoded into law after drafting and then getting it approved in the Parliament. I am surpised that senior lawyers like Kula and Siva seems to be unaware of such simple fact. Perhaps they were hoping to make the issue a bigger controversy so that can be politicised and used against BN. However, such decision by the cabinet sends a powerful message to would be parents who are thinking of resorting to such tactics. I know a case personally that was very similar to this and one that also attained national prominence. In that case, the wife converted. However, the case died down after both parties reached an amicable solution. BTW the lady has since remarried and lives with the kids who are all Muslims. Yes, you are right that the cabinet’s decision is not binding legally. But then it was never meant to so.

The purpose of the decision is to the high level policy, which will be encoded into law after drafting and then getting it approved in the Parliament. I am surpised that senior lawyers like Kula and Siva seems to be unaware of such simple fact. Perhaps they were hoping to make the issue a bigger controversy so that can be politicised and used against BN.

However, such decision by the cabinet sends a powerful message to would be parents who are thinking of resorting to such tactics.

I know a case personally that was very similar to this and one that also attained national prominence. In that case, the wife converted. However, the case died down after both parties reached an amicable solution. BTW the lady has since remarried and lives with the kids who are all Muslims.

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