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Nazri’s statements shocking, says Lim

April 12th, 2007
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let this be a wake-up call for all malaysians. when nearly 40% of the population can be brushed aside and ministers can says whatever they like, as if they represent all malaysian, this is the outcome.
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Nazri’s statements shocking, says Lim
http://www.sun2surf.com/article.cfm?id=17594
B.Suresh Ram KUALA LUMPUR (April 11, 2007): Opposition Leader Lim Kit Siang described as “astounding” the statements by Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz on the proposed Inter-Faith Commission (IFC). “What was he saying? You mean to tell me if the Malays do not want to participate, the Federal Constitution cannot be upheld?” Lim asked.
Nazri had said in Parliament yesterday the IFC can only be formed with participation from all communities of different faiths and amendments to Article 121(A) of the Constitution.
“He said my arguments were valid but there is no way the Barisan Nasional (BN) government would agree because there is no way to convince and persuade Malays, who constitute the majority of the electorate, to support such a constitutional amendment,” Lim told reporters in Parliament lobby today.
“His arguments are unacceptable … it’s setting a dangerous precedent for the erosion of the constitutional guarantees in the Merdeka Social Contract of Malaysia as a democratic, tolerant, multi-religious and secular nation with Islam as the official religion but not an Islamic state.”
Lim said he had stressed that the amendments of Article 121(1A) of the Constitution in 1988 was to provide to Muslims the constitutional protection for their rights to be adjudicated in Syariah courts without detracting the rights of non-Muslims.
“In the past few years, particularly after the Ô929 Declaration’ of Tun Dr Mahathir Mohamad that Malaysia is an Islamic state, non-Muslims here have seen their religious and constitutional sensitivities and rights adjudicated in civil courts and Syariah courts eroded.
“The time has come for an amendment to the Constitution to make it clear that Article 121(1A) does not derogate the rights of non-Muslim Malaysians which they had enjoyed without challenge before the 1988 Constitutional amendments,” he said.
On corruption, Lim said the time has come for Prime Minister Datuk Seri Abdullah Ahmad Badawi to summon a special meeting of the Cabinet to exclusively address the worst corruption crisis in the country’s history.
This, he said, was to demonstrate the political will to arrest, prosecute and jail top political government leaders for corruption.
Updated: 08:42PM Wed, 11 Apr 2007

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No surprises in Machap…

April 12th, 2007
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No surprise
http://www.sun2surf.com/article.cfm?id=17616
Pauline Puah
MACHAP (April 12, 2007): There was a no surprise result. There was no mood swing among the rural electorates. As expected, Barisan Nasional (BN)’s superior machinery streamrolled for an overwhelmingly win in the by-election, as it did in the 2004 general election. But, the 481 decrease in the winning margin announced tonight did spoil the party for the BN which had clearly worked their hearts out to try and secure an even wider mandate.
Machap is also the first Chinese-majority constituency to see a by-election since the 11th General Election.
Machap is made up of 45% Chinese and the by-election was caused by the death of Malacca MCA chief Datuk Poh Ah Tiam on March 15.
The by-election is also seen by many political observers as a barometer to gauge the mood of the voters, especially the Chinese before the next general election. But this is an exceptionally rural electorate.l
The increased in votes for DAP in the Chinese-majority area of Machap Baru, though insignificant, is still a wake-up call for the MCA. More so, Machap Baru is Poh’s kampung.
In their respective post-mortems, the MCA will do well to determine the grouses of the Machap Baru Chinese while the DAP must surely find a way to win the hearts of the Malays and Indians for any real possibility to unseat the BN in the next general election.
This time around, DAP secured 527 votes while MCA garnered 914 votes in Machap Baru. In 2004, MCA garnered 1,270 votes while DAP got only 356 ballots.
The BN was confident of a bigger majority by fielding “local boy” Lai Meng Chong. The DAP’s Liou Chen Kuang is from Malacca town.
“The residents here voted for BN in last general election because of Datuk Poh Ah Tiam. He had done a lot for the villagers. But what has Lai done for us? We know him too well (to know his weaknesses),” said a young voter when met in Machap Baru on Wednesday night.
For the BN and Umno, they can take heart that, depsite the thousands that turned up at former Deputy Prime Minister Datuk Seri Anwar Ibrahim’s ceramah on Wednesday night, the crowd did not translate into votes.
Anwar had also made his rounds in Malay villages that saw him locked in warm shakes which did not really mean electoral support.
The BN was also able to retain the support of the Indian community. Machap is one of the few constituencies that feature a high percentage of Indian voters – at 15%.
DAP secretary-general Lim Guan Eng’s political secretary Ng Wei Aik said: “We had no chance to even talk to the voters in the Malay and Indian villagers who were either satisfied with the BN or had been intimidated not to see us.”
The Opposition had raised many national issues, alleged scandals and corruption but clearly these did not impact the rural folk.
Although the BN had won the by-election with its “development” trademark, unfortunately it had been marred by allegations of vote-buying and abuse of government machinery.
Updated: 10:22PM Thu, 12 Apr 2007

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Subashini files appeal to Federal Court (The Sun version)

April 3rd, 2007
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Subashini files appeal to Federal Court

http://www.sun2surf.com/article.cfm?id=17482


PUTRAJAYA (April 2, 2007): A Hindu housewife, who was told to go to the Syariah Court to fight for her matrimonial rights, wants the Federal Court to decide whether the High Court has exclusive jurisdiction to grant a civil divorce to a couple, where one spouse has converted to Islam.

This was one of the nine questions of law contained in R.SubashiniÂ’s application for leave for the Federal Court to determine.

Subashini had filed for leave from the Federal Court to appeal against the Appellate CourtÂ’s 2-1 majority decision on March 13, telling her to battle out her divorce and custody claims in the Syariah Court.

On that day, the Court of Appeal rejected the former secretaryÂ’s appeal against a High Court decision last Sept 25, setting aside the exparte injunction order granted to her to restrain T.Saravanan, 31, from commencing proceedings in the Syariah Court to dissolve their marriage and to convert their second son.

The 28-year-old woman filed the leave application together with a certificate of urgency through law firm Kanesalingam and Co. last Friday (March 30, 2007).

It will be the end of the road for Subashini if she fails to get leave from the Federal Court to appeal. If that happens, the Court of Appeal decision would be final, reports Bernama today.

Last Friday, Subashini obtained a temporary injunction from the Court of Appeal preventing Saravanan from initiating or continuing with any proceedings in the Syariah Court or converting their younger son pending the hearing of her leave application.

Among the other questions proposed for the Federal CourtÂ’s determination:

  • whether it is an abuse of process for a spouse in a civil marriage to unilaterally convert the religion of a minor child without the consent of the other parent; and
  • whether Article 121 (1A) of the Federal Constitution prevents the High Court from granting interim injunctions, where the abuse of process is effected at the syariah court through unconstitutional and jurisdictionally incompetent filing of proceedings in the syariah courts and unilateral conversion of a minor child from a civil marriage, by the converted spouse.

Article 121 (1A) states that the civil courts do not have jurisdiction over matters within the jurisdiction of the syariah courts which, constitutionally, only has jurisdiction over Muslims.

The couple, who have yet to finalise their divorce, have two children, Dharvin Joshua, three, and one-year-old Sharvind.

Saravanan, whose Muslim name is Muhammad Shafi Abdullah, had claimed that the elder child had converted to Islam with him in May last year.

In seeking an early hearing, Subashini gave the following grounds: 

  • the issues raised in the leave application pertained to the imposition of Islamic law on non-Muslim citizens, which fundamentally affects the lives of the entire non-Muslim community;
  • the leave application raised issues regarding the relationship between the Civil High Courts and Syariah Courts established by various state legislatures which will have a significant impact on the proper functioning of the judicial arm of the government and the maintenance of the rule of law in Malaysia

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calling all malaysian to pray this week!!! – MCCBCHST organised week-long prayer for non-muslims

April 3rd, 2007
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Pls spread this news – can refer to Sun paper (2/4 and 3/4).

finally, MCCBCHST is doing something about this. let’s all join in and support them. many of us argue on the forums abt the injustice happening to Hindus, Christians, Buddhists, Taosists, Sikhs, etc. Let’s show our support and join in the prayer sessions. fill up the churches, temples, gurdwaras.

It will be great if MCCBCHST can come out with arm bands or car stickers to support this event.

all this happening due to the cowardly act of the husband (saravanan) who misuse islam. his action just spoil the religion’s name. hopefully the rest of the muslims realise this. ms subashini will be better off without him.

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Religious Council: Prayers not move to undermine Islam, Muslims
Subashini files appeal to Federal Court
Maria J.Dass

http://www.sun2surf.com/article.cfm?id=17482

PETALING JAYA (April 2, 2007): The initiative by non-Muslim groups to hold prayers for and read out letters nationwide in support of justice, fairness and respect for their constitutional rights is not meant to undermine Islam or Muslims, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said.

Instead, the efforts are to create awareness among non-Muslims regarding recent court judgments, and help them understand the implications of conversion to Islam.

Council president Datuk Chee Peck Kiat said the initiatives had also received support from Muslims, including from Sisters in Islam (SIS) and Umno MP Datuk Zaid Ibrahim, noting that they had spoken up on the injustices caused by the lack of religious freedom, and the recent civil court decision to direct non-Muslims to the syariah court.

“We urge all fair minded Malaysians, irrespective of their religion, to voice their grievances against this injustice through proper and peaceful channels, and to do all that is possible, and pray that justice and freedom of religion be restored,” he said today.

He was speaking in a press conference to launch a series of special prayers following the March 13 Court of Appeal judement directing R. Subashini, a Hindu, to seek recourse through the syariah court.

The court, in a majority decision, had also dismissed SubashiniÂ’s appeal to stop her Muslim-convert husband, Muhammad Shafi Saravanan Abdullah, from going to the syariah court to dissolve their civil marriage, seek custody of their children and unilaterally convert their young child.

However last Friday (March 30), the same bench granted Subashini an interim injunction preventing her husband from proceeding with his case in the syariah court pending the disposal of her application to the Federal court.

“The fact that the wife has been granted temporary respite by the court does not detract from the seriousness of the original decision,” Chee said.

In a statement today, SIS said the Muslim group believed in justice and the non-discrimination of people of other faiths as enshrined in Islam.

“We support any initiative that affirms the supremacy of the Constitution that has been agreed by all ethnic groups in Malaysia,” SIS said.

The prayer sessions by MCCBCHST over this week will coincide with the Christian Holy Week, the Hindu and Tamil New Year, and Cheng Beng (ChineseÂ’s All Souls Day).

Christian Federation of Malaysia executive secretary Rev. Dr Hermen Shastri said: “We will pray that the government will be moved by moral conscience to rectify the situation, by upholding laws in the Constitution.”

The Buddhist community will also hold prayer sessions over the next three months during the full moon.

“Our devotees have to understand these issues, that once you enter (convert to Islam), it is very difficult to leave,” Malaysian Buddhist Association adviser Ng Hong Pau said.

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CFM Press Statement

March 28th, 2007
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Dear friends,
The following statement was released to the press this morning. CFM sees the recent court of appeal’s decision of the Subashini’s case as worrying. The civil courts continues to insist that the non-converting spouse find redress in syariah courts. This is clearly unconstitutional.
The MCCBCHST has also prepared a press statement to indicate to the nation that non-Muslim communities are not prepared to accept non-Muslim appearing before syariah courts.
Kindly circulate far this and wide.
sincerely, Rev. Dr. Hermen Shastri Executive Secretary, CFM General Secretary, CCM
CHRISTIAN FEDERATION OF MALAYSIA (PERSEKUTUAN KRISTIAN MALAYSIA) Address: 26, Jalan Universiti , 46200 Petaling Jaya, Selangor Darul Ehsan,
Malaysia Telephone: (03) 7957 1278, (03) 7957 1463, Fax: (03) 7957 1457 Email: cchurchm@streamyx.com
CFM PRESS STATEMENT
The Christian Federation of Malaysia views with great concern the recent decision of the Court of Appeal in the case of Subashini v. Saravanan, where
she, although a non-Muslim, was urged to submit to the jurisdiction of the Syariah courts to seek recourse from the break-up of her family, when her husband converted to Islam.
It is troubling to note, and indeed of great concern to all Malaysians, that what is clearly stated in the Federal Constitution, that the Syariah courts shall have jurisdiction only over persons professing the religion of Islam [Schedule 9, List 11 (1)], is now being extended, by the court decision, to include non-Muslims.
The Christian Federation of Malaysia respects the Federal Constitution to be the supreme law of the country [Art 4 (1)], and therefore, it must guarantee the right of all non-Muslim Malaysian citizens to find justice served in the civil courts of the country.
In view of this development, the Christian Federation of Malaysia joins with all other likeminded Malaysians in raising our concern to the government. Decisions like this impact negatively on the social fabric of Malaysia.
We therefore, call on all elected members of Parliament to do everything within their means to defend our Constitution, and to safeguard the right of
non-Muslim citizens to find remedy and justice in the civil courts in matters pertaining to civil rights and liberties.
Bishop Paul Tan Chee Ing, SJ Chairman, The Executive Committee Christian Federation of Malaysia
Dated: 22nd March 2007

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