Federal Court rejects Lina's appeal in a majority decision
By CHELSEA L.Y. NG and RAPHAEL WONG
» Read more: Lina Joy Case – Articles from Today’s Newspapers Part 1
Federal Court rejects Lina's appeal in a majority decision
By CHELSEA L.Y. NG and RAPHAEL WONG
» Read more: Lina Joy Case – Articles from Today’s Newspapers Part 1
the 3 articles are from The Sun (1) and NST(2). Sadly, the Star did not have the its version published online.
“Karpal later told reporters Raimah Bibi had filed an affidavit stating she had left her husband’s home willingly and on her own accord”.
“I am not unlawfully detained by anyone. I agree to hand over custody of our children into my husband’s care and I will have unrestricted access to them at all times,” she said.
Both Marimuthu and Raimah Bibi were seen shedding tears after the verdict and spoke to each other briefly.”
– What did you understand after watching the clip from AlJazeera program EveryWoman?
Couple agrees to live apart, custody of children given to Hindu hubby
http://www.sun2surf.com/article.cfm?id=17808
SHAH ALAM (May 3, 2007): A 40-year-old woman today agreed to live apart from her non-Muslim husband and gave him custody of their seven children after choosing to continue practising Islam. She is, however, given unlimited access to her children aged four to 14, the product of their 20-year marriage which was not formally registered.
It was a touching scene at the High Court here when Raimah Bibi Noordin, 40, told Justice Datuk Su Geok Yiam she had agreed to hand over her children to 44-year-old P. Marimuthu whom she had married according to Hindu rites.
Raimah will now live apart from Marimuthu, who will bring up the children, comprising four boys and three girls, according to Hindu tradition.
She will have to fend for herself, with some aid from the Selangor Islamic Religious Department (JAIS).
Marimuthu had filed a habeas corpus application against JAIS, alleging that his wife and six of their children were being unlawfully detained by JAIS which took them from their home in Kampung Baru Tambahan, Ulu Yam Lama, in Batang Kali, on April 2.
With today’s agreement, the application was withdrawn.
Karpal Singh, who represented Marimuthu, told Su both parties had reached an agreement on the matter.
“The children will be surrendered to Marimuthu and they will continue to be raised as Hindus while Raimah Bibi remains steadfast as a Muslim. She will have absolute access to the children at any time,” said Karpal.
Karpal later told reporters Raimah Bibi had filed an affidavit stating she had left her husband’s home willingly and on her own accord.
State legal adviser Datuk Zauyah Loth Khan, who represented JAIS, told Su the habeas corpus application was withdrawn after Marimuthu agreed his wife was not being unlawfully detained by JAIS.
“The arrangements are as stated by Karpal … access to the children without any restrictions. Raimah Bibi is a Muslim and will continue to practise Islam.”
Karpal then requested the court to hear it personally from Raimah Bibi and to obtain her confirmation on the arrangement.
Clutching her headscarf and wiping away tears, Raimah Bibi nodded and answered the judge’s questions.
“I am not unlawfully detained by anyone. I agree to hand over custody of our children into my husband’s care and I will have unrestricted access to them at all times,” she said.
Both Marimuthu and Raimah Bibi were seen shedding tears after the verdict and spoke to each other briefly.
Outside the courtroom, Karpal said the outcome of the case was akin to that judged by King Solomon, whereby a mother who was involved in dispute with another woman over her baby, decided to let the other woman take her child when the king ordered that the child be split in half and shared.
Asked about the status of Raimah Bibi’s marriage, Karpal said it remained but the couple would be living apart.
The six children are now staying with Raimah Bibi in a rented home in Bandar Utama Batang Kali, about 2km from Marimuthu’s house.
Zauyah, when asked if Raimah Bibi would seek to anull her marriage to Marimuthu, said they had not decided.
DAP’s Lim Kit Siang, who was also present, said the outcome of the case has resulted in an open-ended solution which divided the couple.
Karpal later said an arrangement was being made to take custody of the children from Raimah Bibi today.
Hindu man gets custody of children by Muslim ‘wife’ By : V.Anbalagan
http://www.nst.com.my/Current_News/NST/Friday/Frontpage/20070504074728/Article/index_html
SHAH ALAM: In an about turn, tapper P. Marimuthu will be reunited with his six children today, a month after they were allegedly taken away by the Selangor Religious Department (Jais) officials.
This came about after Marimuthu and his companion, Raimah Bibi Noordin, reached a settlement at the High Court yesterday.
The tapper will now raise his children in the Hindu faith, while Raimah, in return, was given visiting rights.
It has now emerged that although Marimuthu and Raimah spent 21 years together and had seven children, they were not legally married.
In court yesterday, Raimah, 39, said she was a born Muslim and would remain one. Clad in baju kurung and wearing a head scarf, she broke down when judge Datuk Su Geok Yiam asked her whether she was prepared to give up custody of the children.
“Yes, let him raise them,” she said, through an interpreter.
Marimuthu, who was also in court, was in tears.
After the proceedings, the couple spoke to each other while holding hands before Raimah left with Jais officials.
Earlier, Karpal Singh, who appeared for Marimuthu, told the court that the parties had worked the “Solomon’s justice” arrangement, referring to the biblical story of King Solomon settling a dispute between two women over a baby.
Karpal then said Marimu- thu would withdraw his habeas corpus application, bringing to an end the dispute of the religious status of the children.
Selangor state legal adviser Datuk Zauyah B. Loth Khan, who appeared for the department, said they would not object to the agreement.
She, however, pointed out that Raimah and the children were not illegally detained.
On April 19, Marimuthu, filed a habeas corpus application, claiming that his family members were Hindus and that the department had no authority to detain them.
He alleged that Raimah and the children Yoogenaswary, 12, Paramila, 11, Hariharan, 8, Ravindran, 6, Shamala, 5 and Kaberan, 4 were being held unlawfully by the department.
The couple have seven children.
The oldest, a 14-year-old boy was not at their Kampung Baru Tambahan home in Ulu Yam when Jais officials came to take the family away.
Raimah and six of her children were housed in Kampung Melayu Liga Emas in Batang Kali, Selangor.
It was then that Marimuthu sought legal redress, claiming that his “wife” and children were Hindus and that they were being detained by Jais who wanted to convert them.
Raimah, however, in an affidavit filed yesterday, said she and the children left their house on April 2 on their own free will, as Marimuthu had forced her and the children to practise the Hindu faith.
She said in March this year, she went to the Lembaga Zakat Selangor branch office in Kuala Kubu Baru with a relative to inform them of her predicament.
Raimah said she left the house with the children as officers from the department were acting on her complaint.
Zauyah later said the authorities would assist Raimah to find a job.
Marimuthu said he would rely on his older children to take care of their younger siblings while he was away at work.
“We will not shift house. This will make it easier for Raimah to visit our children.”
Relief for most quarters
http://www.nst.com.my/Current_News/NST/Friday/Frontpage/20070504074728/Article/index_html
KUALA LUMPUR: There was a general sense of relief when P. Marimuthu’s children were finally returned to him, although experts lamented the lack of legal clarity over unions of mixed faiths.
Suhakam commissioner Datuk N. Siva Subramaniam said common sense had prevailed as far as the issue was concerned.
“The matter has been settled amicably between the two parties concerned. As long as we are transparent, fair and not overzealous in our decisions, we can live as united Malaysians.”
Bar Council chairman Ambiga Sreenevasan said she was pleased that both parties involved had come to an agreement in the interest of their children.
“Of course, the consent alone doesn’t resolve the legal matter. The law remains uncertain in relation to such matters,” Ambiga said. Universiti Teknologi Mara’s Professor Dr Shad Saleem Faruqi said there were no firm rules in cases like Marimuthu’s.
He said the law was inadequate to deal with a situation where one party is a Muslim and the other a non-Muslim.
“Raimah Bibi Noordin’s situation is very sad because she married for love but due to her religious status, she cannot register her marriage.
“If she wants to reunite with her husband, he must convert or she must formally renounce Islam. Whether or not she wants to now is a different issue.”
Women’s Aid Organisation executive director Ivy Josiah said she hoped the settlement had not been brought about under duress.
“I believe that at a human level, a woman should have the right to be with her husband of choice and a mother to her children at all times.”
Villagers fork out RM1,455 to thank DAP http://www.sun2surf.com/article.cfm?id=17687
Giam Say Khoon PETALING JAYA (April 20, 2007): About 70 Machap Baru “grateful” villagers today resorted to a “Fancy It” way to thank the DAP for contesting in the recently concluded Machap by-election in Malacca. They passed the hat around to collect about RM1,455 and placed a “Thank-you” advertisment that was published in Sin Chew Daily today.
For the DAP, it was the first time that the party has received such a response from the electorates, though it contested the seat with little hope of winning. However, it managed to garner more Chinese votes compared with in the 2004 General Election.
A check with Sin Chew showed that the 10cm X 11cm black and white advertisment cost the villagers RM1,455.30, before discount if any.
Basically, the villagers thanked the DAP for “forcing” the Barisan Nasional (BN) to spend money and bring “development funds” to the villages in Machap.
Translation of the advertisement:
“Thank you DAP
The villagers of Machap Baru would like to thank DAP for participating in the Machap by-election, enabling us to enjoy various allocations, benefits and treatments, like building a recreational park, upgrading road, lamp, and irrigation system, building low-cost houses, upgrading the Machap clinic as well as allocations for three Chinese primary schools in the area.
In the past 50 years, the villagers have never been given the chance to enjoy all these infrastructure development.
Because of the by-election, the villagers’ lives have changed drastically, it is a blessing for the villagers and we hereby thank the DAP. – From a group of grateful Machap Baru villagers.”
When contacted, DAP’s losing candidate Liou Chen Kuang thanked the villagers for their support for putting up the advertisement.
“Obviously, the advertisement consisted some sarcasm against the BN. The infrastructures problems were already there for quite some time.
“The problems were only settled during the by-election,” he added.
Liou said he hoped the state government would keep its promise and realise all the pledges made by BN during the by-election campaigning period.
He said the government should always be concerned about the peoples’ woes, not just during elections.
A villager who wanted to remain as anonymous and who contributed to the advertisment, told theSun by phone that the villagers had chipped in for the advertisement to thank the DAP sincerely.
“We also want to tell MCA that they should keep their promises made during elections. If it was not for the DAP which made a lot of noise, we would not have all the infrastructure problems resolved,” he said.
The villager also said the government should not neglect the people once the election was over and they should continue to answer the people’s call.
Liou was defeated by MCA’s Lai Meng Chong with a majority of 4,081 votes in the by-election on April 12 following the death of Datuk Wira Poh Ah Tiam on March 15.
DAP secured 527 votes and MCA got 914 votes in Machap Baru compared with DAP’s 356 votes and MCA’s 1,270 votes in 2004.
ini macam mana boleh menang, saudara?
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Development pledges ‘not vote-buying’
http://www.sun2surf.com/article.cfm?id=17622
Kimberley Lau KUALA LUMPUR (April 16, 2007): Development promises by ministers to voters during an election cannot be construed as vote-buying. Neither can allocations, given out in kind by ministers during elections, be deemed as bribing voters, Election Commission (EC) chairman Tan Sri Abdul Rashid Abdul Rahman said today.
“Ministers and functionaries, people connected to the government, they’re doing their job,” he told reporters at the launch of a national voter registration campaign.
Abdul Rashid stressed, however, that election candidates and political parties cannot make promises to voters during an election.
In the recently-concluded Machap by-election in Malacca, voters benefitted from newly-paved roads, hundreds of new street lamps, and a RM1.2 million recreational area near the Durian Tunggal dam.
Other development goodies were also announced by the Barisan Nasional leadership, including 102 grants for housing lots for second-generation settler families at Felda Tun Ghafar Machap, and a RM3.7 million allocation to Felda Machap to upgrade water pipes, construct a multi-purpose hall and repair a mosque.
Various ministries also promised different kinds of allocations to improve the lives of voters, prompting DAP secretary-general Lim Guan Eng to remark that the Machap voters were the “real victors” in the by-election.
Lim told theSun the party would be making a formal complaint to the EC today as such promises were an offence under the Election Offences Act 1954 as stipulated under Sections 8 to 10, which cover the issues of treating, exerting undue influence and bribery.
Abdul Rashid said vote-buying was not the EC’s problem.
“Vote-buying is for the Anti-Corruption Agency (to investigate). We are not given the power to handle corrupt practices,” he said, adding that the EC could only advise people to take part in the elections in “a clean way”.
“Of course, if evidence is there, the party can bring the case to court and they (the courts) will decide,” he said.
However, he noted that in previous court cases which contested these issues, the judges had ruled that there was no need to stop ministers from publicising their projects.
Earlier, Abdul Rashid said the national voter registration exercise hoped to register at least 50% of the current 4.9 million unregistered voters.
So far, only 10.2 million Malaysians aged 21 years and above, out 15.1 million, have registered to vote.
Education officer is BN’s choice for Ijok
http://www.sun2surf.com/article.cfm?id=17621
Maria J. Dass KUALA LUMPUR (April 16, 2007): K. Parthiban, a co-curriculum academic officer with the Kuala Selangor District Education Office, was named the Barisan Nasional candidate for the Ijok by-election today. After Mentri Besar Datuk Seri Dr Mohd Khir Toyo announced his candidacy, Parthiban, 38, made this appeal to BN component party members: “Tolonglah saya (Please help me).”
Parthiban, a teacher by profession, hails from Ladang Raja Musa in Kuala Selangor. He holds a Masters in Education from Universiti Malaya and a Bachelor of Science degree from the same institution.
He is also a Kuala Selangor district councillor, the Tanjung Karang MP’s special officer, Tanjung Karang MIC division secretary and Kampung Bukit Belimbing MIC branch head, and a panel member of the Kuala Selangor Juvenile Court.
Met after the announcement, he said he found out about his candidacy from deputy MIC president Datuk G. Palanivel last Thursday.
He said: “I’m familiar with the area and I’m prepared to work for the community. I’m also prepared to face my opponent.”
He said he would try his best to win the seat and go against the Parti Keadilan Rakyat candidate, who is expected to be named tonight.
Asked about a statement by Kuala Selangor MIC division chairman P. Thirumoorthy on Sunday that the 35 branches in the division wanted a candidate from within its ranks, Parthiban declined comment.
Thirumoorthy had said the 4,200 party members in the branches would reconsider their position in the party if the leadership did not revise the choice of candidate. They had heard that it was an “outsider.”
Asked what his immediate plans were and the areas he felt needed the most attention, Parthiban said he did not know yet, and that he would seek guidance from the party president.
However, he said, among the problems which needed attention were basic facilities like roads and electricity supply.
Mohd Khir said he would ensure Partiban worked hard for the community.
He said all BN component parties would work together to ensure another by-election victory for the BN as in Machap, Batu Talam and Pengkalan Pasir.
Dewan Harmoni, where the announcement was held, was packed with party members. There were a lot of flies which posed a nuisance.
When a reporter remarked about this, Parthiban quipped that this was because of a chicken-processing factory nearby which however, had had its licence revoked to overcome the problem.