Subscribe in a reader | Subscribe by Email Earlier, I wrote that MHS, among others, did not respond to the body snatching case involving the deceased Elangesvaran. It has been pointed out that MHS made a press statement on the 24th (reproduced below) hoping that the religious department does not pursue the case in syariah court. Which is exactly what those people did.
MHS, as the recognised representatives of the Hindu community, were duly ignored.
The statement:
MAIP should respect the Federal Constitution and Federal Court
PRESS STATEMENT – 24 June 2008
Majlis Agama Islam Perak should respect the Federal Constitution and the Federal Court.
We refer to the report in the Malaysia Nanban on Tuesday, 24th June 2008 (page 3) regarding the turmoil faced by the family of the late Elangesvaran.
We understand that the late Elangesvaran allegedly converted to Islam at some point. He has now committed suicide, and his body is at the hospital. The Islamic authorities say he died a Muslim, but his family members and friends say that Elangesvaran continued to profess and practise Hinduism all the way through until his untimely death.
The Malaysia Hindu Sangam extends our deepest condolences to his family in their time of grief on the untimely and early demise of Elangesvaran.. We are also saddened that yet again a grieving family is being put through torment because Islamic religious authorities are threatening to snatch away the body of their loved one away.
We have today written to the Menteri Besar of Perak urging him to ensure that the civil courts are allowed to determine the religious status of the late Elangesvaran. Therefore, we urge the Islamic authorities not to prosecute claims in the Syariah court for the bodies of the dead who are in the custody of non Muslim next of kin. If a non-Muslim is a party to the dispute, the Syariah courts should not deal with the matter.
We also urge the Perak State Government to recognise the constitutional right of a non Muslim who may have converted to Islam for some reason to revert to his original religion, or to some other religion. A person’s right to profess and practice the religion of his choice should not be unnecessarily interfered with by the State.
It is our view that the issue of whether the late Elangesvaran was a “person professing the religion of Islam” (quoting the words used by the Federal Constitution) must be determined by the civil courts.
We point out in our letter that it is clear from the unanimous decision of the Federal Court in the case of Latifah bte Mat Zin v Rosmawati bte Sharibun & Anor [2007] 5 MLJ 101, FC that the Syariah courts do not have jurisdiction at all to determine any dispute where a party to the dispute does not profess Islam. The comments of the learned Federal Court judges in latest case of Subashini a/p Rajasingam v Saravanan a/l Thangathoray (2007) also reinforce this proposition already entrenched in Item 1, List II, 9th Schedule to the Federal Constitution.
In our letter, we state our expectation that as a statutory body responsible to advise His Royal Highness the Ruler of Perak on Islamic affairs, MAIP has a responsibility to respect the Federal Constitution as the supreme law of this country and these decisions of our highest court.
The non Muslim family members of the Elangesvaran must have an opportunity for proper access to justice. The crucial question is whether at the time of his death, Elangesvaran professed (or acknowledged) himself to be a Muslim. This must be determined based on the civil law, and the Hindu family members of Elangevaran must be given full access to justice in order to determine this question.
Dated 24th June 2008
Datuk A Vaithilingam
President
Malaysia Hindu Sangam
©Malaysiakini (Used by permission)
MCA today welcomed the move announced by Prime Minister Abdullah Ahmad Badawi yesterday to set a new requirement for Muslim converts to declare their religious status to their family members.
“MCA’s stand has been consistent in pushing for such move. However, we would like to seek for clarification on the process of implementation of such a requirement,” said party president Ong Ka Ting in a statement.
“There should be a time period for the new convert to inform their family members on their new religion so to ensure fairness to the family members and to avoid any disputes at a further stage,” he added.
“At the same time, there must be a transparent process and procedure to ensure that those converted due to marriage or are of a minor age, be allowed to leave the religion without hindrances.”
“The court also must not allow the unilateral conversion of any minor children resulting from the civil marriage as the federal constitution clearly states that it must be done with consent of “ibu bapa”.
“The court should not view this as a loophole as the religion of the child should remain status quo until he/she attains the age of majority,” he said.
He added that his party would like to see that the government take immediate steps to make the necessary amendments to the relevant laws in order that the freedom of religion was upheld.
Samy: A major relieve
MIC president S Samy Vellu also welcomed the decision.
“We consider this decision as a major relieve, particularly to my community. This is because there have been instances where a Hindu-born husband will convert to Islam without the knowledge of his wife for reasons only known to him, and his action becomes a major setback for his wife and her children. This latest decision will put a stop to such practices,” he said in a statement.
“This issue of non-Muslim converting to Islam without the knowledge of their families was discussed long ago but now, there has been a permanent decision. The question now is what kind of laws or regulations will be imposed to ensure that it is strictly adhered to by the parties concerned,” he added
Samy Vellu urged the government to consult with the relevant parties, including MIC as to how it could be implemented.
He said the laws should also take into account the fate of the children should the father or mother converts to Islam.
“If need be, existing laws, some which may be outdated, need to be amended without hurting the sensitivity of any race or religion.
“There should be transparency and commitment on the part of the authorities to make the changes as clearly indicated by the prime minister’s decision. I wish to thank the prime minister for making this timely announcement,” he added.
Yeah, its been some time already. Wonder what happened since PM announced the idea.