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http://www.thestar.com.my/news/story.asp?file=/2007/5/7/nation/17648018&sec=nation
BY LOONG MENG YEE
PETALING JAYA: The Selangor Islamic Religious Department (Jais) is supportive of the High Court decision allowing a Hindu husband to take custody of his six children although his wife remains a Muslim after they separated.
“We go by the facts. In this case, the fact of the matter was the children had Hindu names and never practised Islam.
“This fact was supported by documentation and Jais accepts the reasons,” said Jais public relations officer Fakrul Azam Yahya yesterday.
Fakrul was asked to comment on a recent case at the Shah Alam High Court where rubber tapper P. Marimuthu won custody of his children – after his Muslim wife agreed to allow him to raise them as Hindus.
Raimah Bibi Noordin, 39, claimed in an affidavit that she was born a Muslim and wished to profess the faith. However, she had no objection to hand over her children – whose religion is stated as Hindu in their birth certificates – to be raised by their father.
Marimuthu, 41, had filed a habeas corpus application last month claiming Jais officers had forcibly taken his wife and children from their home in Kampung Baru Tambahan, Ulu Yam Lama on April 2.
He alleged the officers did not give any reason why Raimah and the children were being detained. He also claimed the officers had threatened to arrest and charge him with khalwat (close proximity) if he tried to stop them.
Last Thursday, Marimuthu was granted custody of the children and he withdrew the habeas corpus case.
Fakrul clarified it was Raimah who had called Jais for help and said that Jais officers never threatened Marimuthu with khalwat.
“Khalwat is only applicable on Muslims. The children were taken because we have not established their religion at that point. It is the duty of Jais to protect Muslims in distress,” said Fakrul.
Although it was the norm for mothers to be allowed custody of the children below 16-year-old, Fakrul said Jais agreed with the court decision to allow the father to care for the children after it was established that the children never practised Islam.
